Agenda packet — Fontana City Council, July 26, 2022 (part 2 of 10)

RESOLUTION NO. 2022-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 31 (CITRUS HEIGHTS
NORTH) FOR FISCAL YEAR 2022-2023.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 31; and
WHEREAS, on December 21, 2006 Community Facilities District No. 31 (Citrus Heights North) Special Tax Bonds, Series 2006, were issued to finance certain public improvements within the district; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council is desirous to establish the specific rate of the special tax to be collected for Fiscal Year 2022-2023.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2022-2023 for the referenced District is hereby determined and established as set forth in Exhibit “B” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “B” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.
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Resolution No. 2022-

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SECTION 4. The proceeds of Special Tax A shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;
(b) Necessary replenishment of bond reserve funds or other reserve funds; (c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and
(d) Repayment of advances and loans, as appropriate.

The basis for the determination of Special Tax A needed for the 2022-2023 fiscal year is set forth in Exhibit “A”, attached hereto and incorporated herein by reference.

SECTION 5. The proceeds of Special Tax B shall be used to pay the costs of park, parkways and open space maintenance of the District and for the payment of administrative expenses incurred in connection with the levy and collection of said Special Tax B.

SECTION 6. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 7. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 8. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “B” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 9. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 152
Resolution No. 2022-

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APPROVED AND ADOPTED this 26
th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Tonia Lewis, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 26 th day of July, 2022,
by the following vote to wit:

AYES:

NOES:

ABSENT:

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

City Clerk
153
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2022-2023
Bond Payment 09/2022 1,433,997 $ Bond Service Funds Available 1,455,806 $ Bond Payment 03/2023 494,525 Proposed Special Tax Levy 2,383,663 Bond Payment 09/2023 1,784,525 Allowance for Delinquencies (71,510) Administration Costs 54,912
Total Costs $ 3,767,959 Available Funds $ 3,767,959
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2022-2023
(Special Tax A and Special Tax B)
Total Special
Land Use Category Special Tax A Special Tax B Tax Rate
Greater than 4,275 sq ft 3,764.00 $ 475.00 $ 4,239.00 $ 4,075 - 4,274 sq ft 3,595.00 475.00 4,070.00
3,875 - 4,074 sq ft 3,490.00 475.00 3,965.00
3,675 - 3,874 sq ft 3,409.00 475.00 3,884.00
3,475 - 3,674 sq ft 3,344.00 475.00 3,819.00
3,275 - 3,474 sq ft 3,223.00 475.00 3,698.00
3,075 - 3,274 sq ft 3,130.00 475.00 3,605.00
2,875 - 3,074 sq ft 3,037.00 475.00 3,512.00
2,675 - 2,874 sq ft 2,916.00 475.00 3,391.00
2,475 - 2,674 sq ft 2,795.00 475.00 3,270.00
2,275 - 2,474 sq ft 2,795.00 475.00 3,270.00
2,075 - 2,274 sq ft 2,674.00 475.00 3,149.00
1,875 - 2,074 sq ft 2,108.00 475.00 2,583.00
1,675 - 1,874 sq ft 1,882.00 475.00 2,357.00
1,475 - 1,674 sq ft 1,664.00 475.00 2,139.00
1,275 - 1,474 sq ft 1,503.00 475.00 1,978.00
Less than 1,275 sq ft 1,180.00 475.00 1,655.00
Non-residential 32,233.00 2,040.00 34,273.00
Final Mapped Property - Zone 1 5,535.09 2,200.77 7,735.86 Final Mapped Property - Zone 2 26,894.00 4,423.18 31,317.18 Final Mapped Property - Zone 3 32,233.00 6,519.61 38,752.61 Undeveloped Zone 1 property 2,670.90 0.00 2,670.90
Undeveloped Zone 2 property 4,034.10 0.00 4,034.10
Undeveloped Zone 3 property 4,834.95 0.00 4,834.95
Total Proposed Levy 2,383,663 $ 480,225 $ 2,863,888 $
Exhibit "A"
City of Fontana
Community Facilities District No. 31
Citrus Heights North
154
Schedule 3
Comparison of Total Special Tax Levy and Rates for 2021-22 and 2022-23 (Special Tax A and Special Tax B)
Land Use Category Special Tax Rate Special Tax Rate
1 Greater than 4,275 sq ft 42,390.00 $ 4,239.00 $ 42,390.00 $ 4,239.00 $ 0% 2 4,075 - 4,274 sq ft 240,130.00 4,070.00 240,130.00 4,070.00 0% 3 3,875 - 4,074 sq ft 27,755.00 3,965.00 27,755.00 3,965.00 0% 4 3,675 - 3,874 sq ft 229,156.00 3,884.00 229,156.00 3,884.00 0% 5 3,475 - 3,674 sq ft 171,855.00 3,819.00 171,855.00 3,819.00 0% 6 3,275 - 3,474 sq ft 218,182.00 3,698.00 218,182.00 3,698.00 0% 7 3,075 - 3,274 sq ft 108,150.00 3,605.00 108,150.00 3,605.00 0% 8 2,875 - 3,074 sq ft 147,504.00 3,512.00 147,504.00 3,512.00 0% 9 2,675 - 2,874 sq ft 98,339.00 3,391.00 98,339.00 3,391.00 0% 10 2,475 - 2,674 sq ft 137,340.00 3,270.00 137,340.00 3,270.00 0% 11 2,275 - 2,474 sq ft 186,390.00 3,270.00 307,380.00 3,270.00 0% 12 2,075 - 2,274 sq ft 6,298.00 3,149.00 59,831.00 3,149.00 0% 13 1,875 - 2,074 sq ft 315,126.00 2,583.00 366,786.00 2,583.00 0% 14 1,675 - 1,874 sq ft 103,708.00 2,357.00 146,134.00 2,357.00 0% 15 1,475 - 1,674 sq ft 25,668.00 2,139.00 96,255.00 2,139.00 0% 16 1,275 - 1,474 sq ft - 1,978.00 9,890.00 1,978.00 0%
17 Less than 1,275 sq ft - 1,655.00 - 1,655.00 0%
Non-residential - 34,273.00 - 34,273.00 0%
Final Mapped Property - Zone 1 - 7,735.86 - 7,735.86 0% Final Mapped Property - Zone 2 - 31,237.79 - 31,237.79 0% Final Mapped Property - Zone 3 - 38,752.61 - 38,752.61 0% Undeveloped Zone 1 property - 2,670.90 - 2,670.90 0%
Undeveloped Zone 2 property - 4,034.10 - 4,034.10 0%
Undeveloped Zone 3 property - 4,834.95 456,810.77 4,834.95 0% $ 2,057,991 $ 2,863,888
City of Fontana
Community Facilities District No. 31
Citrus Heights North
Percent Rate
Change
FY 2021 - 2022 FY 2022 - 2023
Exhibit "A"
155
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 31
(CITRUS HEIGHTS NORTH)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division) The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 31 (“CFD No. 31”) and collected each Fiscal year commencing in Fiscal year 2006-2007, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the appropriate Special Tax for “Developed Property,” “Taxable Property Owner Association Property,” “Taxable Public Property,” “Undeveloped Non-Residential Property,” and “Undeveloped Residential Property.” All of the real property in CFD No. 31, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2022-2023 shall be as follows.

I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Maximum Actual
Annual Tax Rate Tax Rate Tax Amount
Land Use Unit FY 2022-2023 FY 2022-2023 FY 2022-2023
1 - Greater than 4,275 sq ft Unit $3,764.00 $3,764.00 $37,640 2 - 4,075 - 4,274 sq ft Unit 3,595.00 3,595.00 212,105
3 - 3,875 - 4,074 sq ft Unit 3,490.00 3,490.00 24,430
4 - 3,675 - 3,874 sq ft Unit 3,409.00 3,409.00 201,131
5 - 3,475 - 3,674 sq ft Unit 3,344.00 3,344.00 150,480
6 - 3,275 - 3,474 sq ft Unit 3,223.00 3,223.00 190,157
7 - 3,075 - 3,274 sq ft Unit 3,130.00 3,130.00 93,900
8 - 2,875 - 3,074 sq ft Unit 3,037.00 3,037.00 127,554
9 - 2,675 - 2,874 sq ft Unit 2,916.00 2,916.00 84,564
10 – 2,475 - 2,674 sq ft Unit 2,795.00 2,795.00 117,390 11 - 2,275 - 2,474 sq ft Unit 2,795.00 2,795.00 262,730 12 - 2,075 - 2,274 sq ft Unit 2,674.00 2,674.00 50,806
13 - 1,875 - 2,074 sq ft Unit 2,108.00 2,108.00 299,336 14 - 1,675 - 1,874 sq ft Unit 1,882.00 1,882.00 116,684 15 - 1,475 - 1,674 sq ft Unit 1,664.00 1,664.00 74,880
16 - 1,275 - 1,474 sq ft Unit 1,503.00 1,503.00 7,515
17 - 1,274 sq ft or less Unit 1,180.00 1,180.00 0
18 - Non-residential property Acre 32,233.00 32,233.00 0 Mapped Property – Zone 1 Acre 17,806.00 7,735.86 0
156
B-2
Mapped Property – Zone 2 Acre 26,894.00 26,894.00 0
Mapped Property – Zone 3 Acre 32,233.00 32,233.00 0
Undeveloped – Zone 1 Property Acre 17,806.00 4,629.56 0 Undeveloped – Zone 2 Property Acre 26,894.00 6,992.44 0 Undeveloped – Zone 3 Property Acre 32,233.00 8,380.58 332,361 $2,383,663
Method of Apportionment of Special Tax A
Commencing with Fiscal year 2005-2006 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Facilities and shall levy Special Tax A until the total Special Tax A equals the Special Tax Requirement for Facilities. Special Tax A shall be levied each Fiscal Year as follows:

First: Special Tax A shall be levied on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax A; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Final Mapped Property in Zone 1, Zone 2, and Zone 3 at up to 100% of the applicable Initial Maximum Special Tax A;
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the second step has been completed, the Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property in Zone 1, Zone 2, and Zone 3 at up to 100% of the applicable Initial Maximum Special Tax A;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the levy of the Special Tax A on each Assessor’s Parcel of Final Mapped Property and Undeveloped Property in Zone1, Zone 2, and Zone 3 shall be increased in equal percentages from the applicable Initial Maximum Special Tax A for such Zone up to 100% of the applicable Maximum Special Tax A for Final Mapped Property and Undeveloped Property;
Fifth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, then the levy of the Special Tax A on each Assessor’s Parcel of Developed Property in Zone 1, Zone 2, and Zone 3 whose Maximum Special Tax A is determined through the application of the Backup Special Tax A shall be increased in equal percentages from the Assigned Special Tax A up to the Maximum Special Tax A for each such Assessor’s Parcel;
Sixth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first five steps have bee completed, then the Special Tax A 157
B-3
shall be levied Proportionately on each Assessor’s Parcel of Taxable Property Owner Association at up to the Maximum Special Tax A for Taxable Property Owner Association Property;
Seventh: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first six steps have been completed, then the Special Tax A shall be levied proportionately on each Assessor’s Parcel of Taxable Public Property at up to the Maximum Special Tax A for Taxable Public Property.

Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax A in step one (above), when (i) the Council is no longer required to levy the Special Tax A pursuant to steps two through seven above in order to meet the Special Tax Requirement for Facilities, and (ii) all authorized Bonds have already been issued or the Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to be supported by the Special Tax A.

Further notwithstanding the above, under no circumstances will the Special Tax A be levied against any Assessor’s Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 31.

II. SPECIAL TAXES FOR MAINTENANCE OF PARK, PARKWAYS, AND

OPEN SPACE
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2022-2023 FY 2022-2023 FY 2022-2023 Residential property Unit $931.16 $475.00 $480,225
Developed Non-Residential Property Acre 4,004.69 2,040.00 0 $480,225
Method of Apportionment of Special Tax B
Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the Council shall levy the Special Tax B until the total Special Tax B levy equals the Special Tax Requirement for Services. The Special Tax B shall be levied each Fiscal Year as follows;
First: The Special Tax B shall be levied proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax B for such Assessor’s Parcel;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Special 158
B-4
Tax B on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Special Tax B up to the Maximum Special Tax B for each such Assessor’s Parcel.
159
160
161
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1539 Agenda Date: 7/26/2022
Agenda #: M. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Measure I Five Year Local Street Capital Improvement Program Amendment and Annual Adoption RECOMMENDATION:

Adopt Resolution No. 2022-074, Approving an Amendment to the Fiscal Years 2021/2022- 2025/2026 Measure I Five Year Local Street Capital Improvement Program (CIP) and Adopting the Measure I Five Year Local Street Capital Improvement for Fiscal Years 2022/2023-2026/2027 COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

San Bernardino County Transportation Authority (SBCTA) is responsible for administering the San Bernardino County Measure I Program from which the City of Fontana receives funds for transportation projects.

On July 27, 2021, the City Council adopted by Resolution the Fiscal Years 2021/2022-2025/2026 Measure I Five Year Local Street Capital Improvement Program known as the “five-year look ahead CIP plan” for projects to be funded by the Measure I Valley Local Streets Pass-Through Program. If, during the fiscal year, the City approves funding for any new projects or amends projects, the “fiveyear look ahead CIP plan” would need to be amended in order to account for expenditures made to the fund prior to the end of the fiscal year (FY 2021/2022).

As program administrator, SBCTA permits local jurisdictions to amend the “five-year look ahead CIP plan” prior to the close of each fiscal year in order to account for expenditures made. Attachment A to the Resolution is the amended project list for FY 2021/2022-2025/2026.

In addition to the amendment to the Fiscal Years 2021/2022-2025/2026 Measure I Five Year Local Street CIP List, SBCTA requires local jurisdictions to complete an annual update of the five-year program identifying the projects to be funded in the upcoming fiscal year (FY 2022/2023).

Attachment B to the Resolution is the CIP List for Fiscal Years 2022/2023-2026/2027 identifying the City of Fontana Page 1 of 2 Printed on 7/21/2022
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File #: 21-1539 Agenda Date: 7/26/2022
Agenda #: M. Category: Consent Calendar
projects which will be funded by the Local Pass-Through program.

The City of Fontana will request reimbursement on the expenditures as programmed in the Capital Project Needs Analysis (CPNA). All expenditures and reimbursements will take place in Fiscal Year 2021/2022-2026/2027.

FISCAL IMPACT:

Over the 30 year life of Measure I, the City of Fontana's required 32% funding match for all projects listed on the CPNA (which will be forthcoming as a separate item to the Council at a future meeting) as part of the Measure I Valley Arterial Sub-Program will ultimately be funded by Development Impact Fees. Project budgets will be established as each individual project moves forward providing full funding detail. The Measure I Local Pass-Through Program (Exhibit B to the Resolution) funds are received monthly and will fund the projects listed on the Local Street Program.

MOTION:

Approve Staff Recommendation.

City of Fontana Page 2 of 2 Printed on 7/21/2022
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RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING AN AMENDMENT TO THE FISCAL YEAR 2021/2022-2025/2026

MEASURE I FIVE YEAR LOCAL STREETS CAPITAL IMPROVEMENT

PROGRAM AND ADOPTING THE MEASURE I FIVE YEAR LOCAL STREET CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2022/2023- 2026/2027.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, Expenditure Plans of the Ordinances require each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Capital Improvement Program adopted by resolution of the local jurisdiction, and WHEREAS, local jurisdictions are required to amend the original adopted annual plan to the end of the fiscal year; California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Fontana is $1,901,831; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fontana hereby adopts the Attachment “A” Measure I Five-Year Capital Improvement Program for Fiscal Years 2021/2022 through 2025/2026 and Attachment “B” Measure I Five-Year Capital Improvement Program for Fiscal Years 2022/2023 through 2026/2027.
164
APPROVED AND ADOPTED this 26th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine McClellan Key, City Clerk and Ex-Officio Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting of said City Council on the 26
th day of July, 2022, by the following to-wit:

AYES:

NOES:

ABSENT:

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

City Clerk
165
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Total Est. Rev.
$42,191,469.22
No No 0% $8,000.00 3,758.00 7,137.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $10,895.00 No No 0% $30,000.00 30,000.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $31,000.00 No No 0% $30,000.00 15,822.00 14,178.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $30,000.00 No No 0% $50,000.00 35,150.00 14,850.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $50,000.00 No No 0% $200,000.00 95,300.00 51,084.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $146,384.00 No No 0% $100,000.00 95,455.00 4,545.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $100,000.00 No No 0% $200,000.00 200,000.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $201,000.00 No No 0% $100,000.00 100,000.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $101,000.00 No No 0% $100,000.00 100,000.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $101,000.00 No Yes 0% $145,000.00 112,616.00 42,479.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $155,095.00 No No 0% $130,000.00 48,100.00 81,900.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $130,000.00 No No 0% $444,000.00 165,751.00 79,522.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $245,273.00 No No 0% $965,000.00 402,025.00 54,891.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $456,916.00 No No 0% $1,283,000.00 282,859.00 215,049.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $497,908.00 No No 0% $500,000.00 373,409.00 258,116.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $631,525.00 No No 0% $1,301,000.00 388,000.00 165,621.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $553,621.00 No Yes 0% $500,000.00 500,000.00 44,768.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $544,768.00 No No 0% $843,036.00 186,454.00 196,965.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $383,419.00 No No 0% $1,296,000.00 547,698.00 70,230.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $617,928.00 No No 0% $1,027,000.00 907,332.00 156,680.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,064,012.00 No No 0% $785,000.00 672,091.00 73,765.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $745,856.00 No No 0% $1,533,000.00 592,261.00 284,463.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $876,724.00 No No 0% $724,402.00 494,000.00 256,275.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $750,275.00 No No 0% $1,567,770.00 1,210,138.00 958,745.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $2,168,883.00 No No 0% $1,000,000.00 991,925.00 97,392.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,089,317.00 No No 0% $1,686,000.00 987,280.00 1,165,850.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $2,153,130.00 No No 0% $700,000.00 0.00 17,646.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $17,646.00 No No 0% $360,000.00 0.00 2,049.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $2,049.00 No No 0% $500,000.00 0.00 45.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $45.00 No No 0% $373,000.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000.00 No Yes 0% $281,307.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000.00 No No 0% $500,000.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000.00 No No 0% $187,000.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000.00 No No 0% $209,000.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000.00 No No 0% $315,000.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000.00 No No 0% $800,000.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000.00 No No 0% $76,000.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000.00 No No 0% $216,000.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000.00 No No 0% $750,000.00 0.00 0.00 0.00 750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 750,000.00 0.00 0.00 0.00 0.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 750,000.00 0.00 0.00 0.00 0.00 $750,000.00 Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2021/2022 thru 2025/2026
City of Fontana William Castrillon / Resource Budget Officer $19,651,072.22
Is the Project
on the City's
Nexus Study
List?
(Public/DIF
Share %)
Estimated Total
Project Cost $4,386,277.00
Carryover
Funds
FY2024/25 Est. Revenue
$4,220,350.00 $4,513,004.00 $4,777,416.00
FY2021/22 Est. Revenue FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2025/26 Est. Revenue $4,643,350.00
Foothill/Laurel Sidewalk (3380) 0%
Flashing Yellow Arrow Installation (0015) 0%
Bridlepath at Oxer RRFB (0007) 0%
Baseline/MCGuire Flash Yellow/Arrow (0013) 0%
Total Named Projects: Local Roadway Safety Plan (0012) 0% Current
Estimate
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Fontana SRTS Gap Closure (0003) 0%
Neighborhood Traffic Management (0005) 0%
Citrus/Malaga Ped Xing (3356) 0%
Baseline/Alder TS (3379) 0%
Truck Route/Street Name Signal Installation (0016) 0%
Speed Hump (0009) 0%
Cherry @ Live Oak TS Mod (3341) 0%
Alder Locust Ramona SRTS (3339) 0%
Mango/So Highland TS (3382) 0%
Cypress Ave TS / Intersection Improvements (3361) 0%
Foothill/Alder Curb Ramp (3370) 0%
F78 Flashing Beacon/TS (3384) 0%
Citrus/Ceres TS (3355) 0%
San Sevaine Trail PH I, Seg 2 (3345) 0%
Sierra Ave & Riverside Ave TS (3329) 0%
W Liberty Parkway Miller TS (0002) 0%
Alder Middle School S/W (3367) 0%
Arrow/Tokay TS (3354) 0%
Alder Ave & Marygold Ave TS (F3600071) County is lead. 0% Beech/Valley TS (F3600073) 0%
Valley Blvd & Oleander Ave TS(3310) 0%
Live Oak /Village Drive TS (F3600074) 0%
Valley Blvd & Almond Ave TS(3307) 0%
Arrow/Cypress TS (3386) 0%
Metrolink Quiet Zone (0026)
Citywide Centracs Expansion (0027)
Citywide PTZ Upgrade (0028)
Cherry Ave. and S. Highland Ave. TS (0030)
Baseline Ave and Palmetto Ave TS (0031)
Summit Ave. Left-Turn Phasing (0032)
Street Name Sign Replacement (0033)
Santa Ana Landscape:Cypress/Juniper (0017)
Victoria Street AC Sidewalk (0018)
SR-210 at Beech Ave. Traffic Signal (0022)
Fiber Optic / Heritage Cir & Sierra / TS Connectivity (0023) Kathy Binks Elem. Sch. SRTS TDA 21 (0024)
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
Cherry & Banana TS (F3600041) 0%
0%
Randall & Mango TS (F3600075) 0%
San Bernardino/Oleander TS (F3600076)
Fontana Page 1 of 3
166
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2021/2022 thru 2025/2026
City of Fontana William Castrillon / Resource Budget Officer $19,651,072.22
No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 750,000.00 0.00 0.00 0.00 0.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 750,000.00 0.00 0.00 0.00 0.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 750,000.00 0.00 0.00 0.00 0.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 No No 0% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 $9,537,424.00 $4,327,245.00 $0.00 $2,250,000.00 $0.00 $3,750,000.00 $0.00 $0.00 $0.00 $9,750,000.00 $29,614,669.00 $488,025.00 $97,605.00 $97,605.00 $97,605.00 $97,605.00 $97,605.00 $488,025.00 $488,260.00 $97,652.00 $97,652.00 $97,652.00 $97,652.00 $97,652.00 $488,260.00 $423,800.00 $84,760.00 $84,760.00 $84,760.00 $84,760.00 $84,760.00 $423,800.00 $467,955.00 $93,591.00 $93,591.00 $93,591.00 $93,591.00 $93,591.00 $467,955.00 $499,500.00 $99,900.00 $99,900.00 $99,900.00 $99,900.00 $99,900.00 $499,500.00 $371,700.00 $74,340.00 $74,340.00 $74,340.00 $74,340.00 $74,340.00 $371,700.00 $395,890.00 $79,178.00 $79,178.00 $79,178.00 $79,178.00 $79,178.00 $395,890.00 $512,805.00 $102,561.00 $102,561.00 $102,561.00 $102,561.00 $102,561.00 $512,805.00 $325,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00 $325,000.00 $450,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $450,000.00 $488,580.00 $97,716.00 $97,716.00 $97,716.00 $97,716.00 $97,716.00 $488,580.00 $383,990.00 $76,798.00 $76,798.00 $76,798.00 $76,798.00 $76,798.00 $383,990.00 $150,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $150,000.00 $375,700.00 $75,140.00 $75,140.00 $75,140.00 $75,140.00 $75,140.00 $375,700.00 $479,150.00 $95,830.00 $95,830.00 $95,830.00 $95,830.00 $95,830.00 $479,150.00 $479,150.00 $95,830.00 $95,830.00 $95,830.00 $95,830.00 $95,830.00 $479,150.00 $480,905.00 $96,181.00 $96,181.00 $96,181.00 $96,181.00 $96,181.00 $480,905.00 $467,940.00 $93,588.00 $93,588.00 $93,588.00 $93,588.00 $93,588.00 $467,940.00 $482,025.00 $96,405.00 $96,405.00 $96,405.00 $96,405.00 $96,405.00 $482,025.00 $382,050.00 $76,410.00 $76,410.00 $76,410.00 $76,410.00 $76,410.00 $382,050.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Citywide Measure I Traffic System Improvements 24636026 Pepper/Randall TS (F3600049) 0%
Randall & Oleander TS (F3600078) 0%
Beech & Walnut TS (F3600077) 0%
Arrow/Laurel TS (F3600037) 0%
Baseline/Tamarind TS (F3600038) 0%
Catawba/Fontana/Randall TS (F3600047) 0%
Cherry/Village TS (F3600044) 0%
Measure I 2010-2040 Local Cost Allocation 24636011
Citywide Measure I System (Preventative Sig Maint) 24636017 Citywide Measure I System (Traffic Controller Cabs) 24636014 Citywide Measure I System (Traffic Controller Equip) 24636015 Measure I 2010-2040 Local Vehicle Maintenance 24636012
Citywide Measure I Street Related Activities / Traffic Studies 24636013
$9,750,000.00
(%) Named Projects to FY Est. Revenue: 58% 51% 83% 0% 204% Total Carryover + Estimate: $13,864,669.00 $2,250,000.00 $3,750,000.00 $0.00 Citywide Measure I Street Striping Related 24636010
Categorical Projects:

Citywide Measure I Traffic Engineering Studies 24636007 Citywide Measure I Traffic Signal Modification/Upgrade
24636024
Citywide Measure I Traffic Signal Timing Sync 24636025
Citywide Measure I Customer Relations 24636008
Citywide Measure I Street Lighting Related 24636009
Citywide Measure I System (Traffic Signal Equip) 24636016 Citywide Measure I Traffic Signal Communication Support 24636023
Citywide Measure I Emergency Reserve Equipment 24636020 Citywide Measure I Traffic Signal Maint Support 24636021 Citywide Measure I System (Traffic Signal Maint) 24636018 Citywide Measure I Traffic-Related Signage 24636019
Citywide Measure I Traffic Signal Installation Support 24636022 Named Projects Total:

Banana/Slover TS (F3600040) 0%
0%
0%
Almeria/So Highland TS (F3600046) 0%
Cherry/Walnut TS (F3600035)
Knox/South Highland TS (F3600045)
Juniper/Valencia TS (F3600039) 0%
Mango/San Bernardino TS (F3600043) 0%
Cypress/Merrill TS (F3600042) 0%
Juniper/South Highland TS (F3600048) 0%
Fontana Page 2 of 3
167
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2021/2022 thru 2025/2026
City of Fontana William Castrillon / Resource Budget Officer $19,651,072.22
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$1,718,485.00 $1,718,485.00 $1,718,485.00 $1,718,485.00 $1,718,485.00 $8,592,425.00 41% 39% 38% 37% 36%
$9,537,424.00
$28,669,670.00
$38,207,094.00
Total Programming is currently 90.56% (must not exceed 150%) of Carryover Balance + Total Est. Revenue.

Total Estimated Programming:

Total Programming:
(%) Categorical Projects to FY Est. Revenue:

Total Carryover Programming:

Categorical Projects Total:

Fontana Page 3 of 3
168
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/22 Carryover Balance $21,594,979.42
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $5,489,066 $5,524,526 $5,524,673 $5,571,127 $5,622,442 $27,731,835 Projects:

W Liberty Parkway/Miller TS (0002) No No 0.0% 0.0% $785,000 $650,585 $0 $0 $0 $0 $650,585 Fontana SRTS Gap Closure (0003) No Yes 0.0% 0.0% $145,000 $40,000 $62,521 $0 $0 $0 $102,521 Neighborhood Trf Mgmt Loc #1 (0005) No No 0.0% 0.0% $130,000 $1,000 $0 $0 $0 $0 $1,000 Bridlepath at Oxer RRFB Project (0007) No No 0.0% 0.0% $30,000 $30,000 $0 $0 $0 $0 $30,000 Speed Hump Project (0009) No No 0.0% 0.0% $200,000 $49,000 $50,000 $50,000 $50,000 $0 $199,000 Local Roadway Safety Plan (0012) No No 0.0% 0.0% $8,000 $863 $0 $0 $0 $0 $863 Baseline/McGuire Flash Yellow Arrow (0013) No No 0.0% 0.0% $30,000 $1,000 $0 $0 $0 $0 $1,000 FYA Installations (0015) No No 0.0% 0.0% $200,000 $48,916 $100,000 $0 $0 $0 $148,916 TruckRte/Street Name Sign Instal (0016) No No 0.0% 0.0% $100,000 $95,455 $0 $0 $0 $0 $95,455 Santa Ana Landscape:Cypress/Juniper (0017) No No 0.0% 0.0% $700,000 $682,354 $0 $0 $0 $0 $682,354 Victoria Street AC Sidewalk (0018) No No 0.0% 0.0% $360,000 $100,000 $257,951 $0 $0 $0 $357,951 SR-210 at Beech Ave. Traffic Signal (0022) No No 0.0% 0.0% $500,000 $25,000 $99,955 $375,000 $0 $0 $499,955 Fiber Optic / Heritage Cir & Sierra TS Connectivity (0023) No No 0.0% 0.0% $373,000 $372,000 $0 $0 $0 $0 $372,000 Kathy Binks Elem. Sch. SRTS TDA 21 (0024) No Yes 0.0% 0.0% $281,307 $280,307 $0 $0 $0 $0 $280,307 Metrolink Quiet Zone (0026) No No 0.0% 0.0% $500,000 $1,000 $0 $0 $0 $0 $1,000 Citywide Centracs Expansion (0027) No No 0.0% 0.0% $187,000 $186,000 $0 $0 $0 $0 $186,000 Citywide PTZ Upgrade (0028) No No 0.0% 0.0% $209,000 $208,000 $0 $0 $0 $0 $208,000 Cherry Ave. and S. Highland Ave. TS (0030) No No 0.0% 0.0% $315,000 $314,000 $0 $0 $0 $0 $314,000 Baseline Ave and Palmetto Ave TS (0031) No No 0.0% 0.0% $800,000 $99,000 $100,000 $600,000 $0 $0 $799,000 Summit Ave. Left-Turn Phasing (0032) No No 0.0% 0.0% $76,000 $75,000 $0 $0 $0 $0 $75,000 Street Name Sign Replacement (0033) No No 0.0% 0.0% $216,000 $215,000 $0 $0 $0 $0 $215,000 Valley/Almond Traffic Signal (3307) No No 0.0% 0.0% $1,567,770 $609,025 $0 $0 $0 $0 $609,025 Valley/Oleander Traffic Signal (3310) No No 0.0% 0.0% $1,686,000 $520,151 $0 $0 $0 $0 $520,151 Sierra/Riverside TS (3329) No No 0.0% 0.0% $1,027,000 $50,000 $820,320 $0 $0 $0 $870,320 Alder-Locust-Ramona SRTS (3339) No Yes 0.0% 0.0% $500,000 $50,000 $405,232 $0 $0 $0 $455,232 Cherry/Live Oak Traffic Signal Mod (3341) No No 0.0% 0.0% $1,301,000 $1,135,379 $0 $0 $0 $0 $1,135,379 San Sevaine Trail PH I Seg 2 (3345) No No 0.0% 0.0% $724,402 $200,000 $268,127 $0 $0 $0 $468,127 Arrow/Tokay TS (3354) No No 0.0% 0.0% $1,326,000 $200,000 $1,025,770 $0 $0 $0 $1,225,770 Citrus/Ceres Traffic Signal (3355) No No 0.0% 0.0% $1,533,000 $1,190,403 $0 $0 $0 $0 $1,190,403 Citrus/Malaga Pedestrian Xing (3356) No No 0.0% 0.0% $100,000 $99,000 $0 $0 $0 $0 $99,000 Cypress Ave TS/ Intersection Improvements (3361) No No 0.0% 0.0% $500,000 $100,000 $141,884 $0 $0 $0 $241,884 Alder Middle School S/W (3367) No No 0.0% 0.0% $843,036 $646,071 $0 $0 $0 $0 $646,071 Foothill/Alder Curb Ramp (3370) No No 0.0% 0.0% $444,000 $364,478 $0 $0 $0 $0 $364,478 Baseline/Alder TS (3379) No No 0.0% 0.0% $100,000 $99,000 $0 $0 $0 $0 $99,000 Foothill/Laurel Sidewalk (3380) No No 0.0% 0.0% $50,000 $1,000 $0 $0 $0 $0 $1,000 Mango/So Highland TS (3382) No No 0.0% 0.0% $1,283,000 $1,018,212 $0 $0 $0 $0 $1,018,212 FS 78 Citrus/Chase TS (3384) No No 0.0% 0.0% $965,000 $860,745 $0 $0 $0 $0 $860,745 Arrow/Cypress TS (3386) No No 0.0% 0.0% $1,000,000 $902,608 $0 $0 $0 $0 $902,608 Citrus Ave.Widening at SR-210 & Highland Ave (0039) No No 0.0% 0.0% $260,000 $100,000 $160,000 $0 $0 $0 $260,000 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Fontana
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
Jurisdiction:

William Castrillon / Resource Budget Officer
(909) 350-7669
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027

Page 1 of 7 ends

169
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email: [email protected]
Fontana
Jurisdiction:

William Castrillon / Resource Budget Officer
(909) 350-7669
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
Cypress Ave. at Summit Ave TS (0038) No No 0.0% 0.0% $620,000 $100,000 $100,000 $420,000 $0 $0 $620,000 Live Oak /Village Drive TS (F3600074) No No 0.0% 0.0% $750,000 750,000.00 0.00 0.00 0.00 0.00 $750,000 Alder Ave & Marygold Ave TS (F3600071) County is lead. No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Beech/Valley TS (F3600073) No No 0.0% 0.0% $750,000 750,000.00 0.00 0.00 0.00 0.00 $750,000 Randall & Mango TS (F3600075) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 San Bernardino/Oleander TS (F3600076) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Cherry & Banana TS (F3600041) No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Randall & Oleander TS (F3600078) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Beech & Walnut TS (F3600077) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Baseline/Tamarind TS (F3600038) No No 0.0% 0.0% $750,000 750,000.00 0.00 0.00 0.00 0.00 $750,000 Catawba/Fontana/Randall TS (F3600047) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Cherry/Village TS (F3600044) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Arrow/Laurel TS (F3600037) No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Cherry/Walnut TS (F3600035) No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Knox/South Highland TS (F3600045) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Almeria/So Highland TS (F3600046) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Banana/Slover TS (F3600040) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Cypress/Merrill TS (F3600042) No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Juniper/South Highland TS (F3600048) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Juniper/Valencia TS (F3600039) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Mango/San Bernardino TS (F3600043) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Pepper/Randall TS (F3600049) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Citywide Measure I Traffic Engineering Studies 24636007 No No 0.0% 0.0% $488,025 $97,605 $97,605 $97,605 $97,605 $97,605 $488,025 Citywide Measure I Customer Relations 24636008 No No 0.0% 0.0% $488,260 $97,652 $97,652 $97,652 $97,652 $97,652 $488,260 Citywide Measure I Street Lighting Related 24636009 No No 0.0% 0.0% $423,800 $84,760 $84,760 $84,760 $84,760 $84,760 $423,800 Citywide Measure I Street Striping Related 24636010 No No 0.0% 0.0% $467,955 $93,591 $93,591 $93,591 $93,591 $93,591 $467,955 Measure I 2010-2040 Local Cost Allocation 24636011 No No 0.0% 0.0% $499,500 $99,900 $99,900 $99,900 $99,900 $99,900 $499,500 Measure I 2010-2040 Local Vehicle Maintenance 24636012 No No 0.0% 0.0% $371,700 $74,340 $74,340 $74,340 $74,340 $74,340 $371,700 Citywide Measure I Street Related Activities / Traffic Studies 24636013 No No 0.0% 0.0% $395,890 $79,178 $79,178 $79,178 $79,178 $79,178 $395,890 Citywide Measure I System (Traffic Controller Cabs) 24636014 No No 0.0% 0.0% $512,805 $102,561 $102,561 $102,561 $102,561 $102,561 $512,805 Citywide Measure I System (Traffic Controller Equip) 24636015 No No 0.0% 0.0% $325,000 $65,000 $65,000 $65,000 $65,000 $65,000 $325,000 Citywide Measure I System (Traffic Signal Equip) 24636016 No No 0.0% 0.0% $450,000 $90,000 $90,000 $90,000 $90,000 $90,000 $450,000 Citywide Measure I System (Preventative Sig Maint) 24636017 No No 0.0% 0.0% $488,580 $97,716 $97,716 $97,716 $97,716 $97,716 $488,580 Citywide Measure I System (Traffic Signal Maint) 24636018 No No 0.0% 0.0% $383,990 $76,798 $76,798 $76,798 $76,798 $76,798 $383,990 Citywide Measure I Traffic-Related Signage 24636019 No No 0.0% 0.0% $150,000 $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 Citywide Measure I Emergency Reserve Equipment 24636020 No No 0.0% 0.0% $375,700 $75,140 $75,140 $75,140 $75,140 $75,140 $375,700 Citywide Measure I Traffic Signal Maint Support 24636021 No No 0.0% 0.0% $479,150 $95,830 $95,830 $95,830 $95,830 $95,830 $479,150 Citywide Measure I Traffic Signal Installation Support 24636022 No No 0.0% 0.0% $479,150 $95,830 $95,830 $95,830 $95,830 $95,830 $479,150 Citywide Measure I Traffic Signal Communication Support 24636023 No No 0.0% 0.0% $480,905 $96,181 $96,181 $96,181 $96,181 $96,181 $480,905 Citywide Measure I Traffic Signal Modification/Upgrade 24636024 No No 0.0% 0.0% $467,940 $93,588 $93,588 $93,588 $93,588 $93,588 $467,940

Page 2 of 7 ends

170
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email: [email protected]
Fontana
Jurisdiction:

William Castrillon / Resource Budget Officer
(909) 350-7669
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
Citywide Measure I Traffic Signal Timing Sync 24636025 No No 0.0% 0.0% $482,025 $96,405 $96,405 $96,405 $96,405 $96,405 $482,025 Citywide Measure I Traffic System Improvements 24636026 No No 0.0% 0.0% $382,050 $76,410 $76,410 $76,410 $76,410 $76,410 $382,050 $15,689,037 $9,060,245 $3,163,485 $11,518,485 $1,718,485 $41,149,737 Total Programming is currently 83% Total Estimated Programming: $41,149,737 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

Page 3 of 7 ends

171

1. Caryover Balance - run balance sheet summar for Fun 246 at 06/30/2022

2. Run PBR as of 06/30/2022 and filter out closed projects. Start by filitering projects with 100% used or close to 100% , $0 A 2A. Run project Expense Inquiry and search 36* Fund 246. Filter excel spread sheet for closed status. Include only fund 246 e

3. enter active projects in the template, make sure Street projects and traffic projects are included

4. Include future TRAFFIC proejcts
172
00% used or close to 100% , $0 Avialable budget and close to $0 ed status. Include only fund 246 expenses if multi fund project 173
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/22 Carryover Balance $0.00
FY2022/23 Est.

Revenue
FY2023/24 Est.

Revenue
FY2024/25 Est.

Revenue
FY2025/26 Est.

Revenue
FY2026/27 Est.

Revenue Total Est. Rev.
$1,257,529 $1,264,598 $1,271,702 $1,281,990 $1,302,073 $6,377,892 Projects:
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
ditional rows 0% 100% $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Total Programming is currently 0% $0 (Must not exceed 150% of Carryover Balance + Total Estimated Revenue) Total Estimated Programming:

Current
Estimate
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
Jurisdiction:

Adelanto
Projects Total:

Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate Total
Please read yellow cells
in column P for
Directions!

Page 6 of 7 ends

174
Directions:
1) Only purple cells need attention/data entry.
3) Enter the amount of your unused MSI Local Street funds estimated at the end of the current Fiscal Year
4) Type the Project Names in column B (see 5 for additional instructions) 14) Consider submitting CIP to SBCTA for consistency review/policy compliance prior to adoption by jurisdictions governing body. Please call SBCTA with any questions using contact person from Cover Letter. 10) Make sure the programming doesn't exceed 150% of the 5 Year Estimated Revenue + Carryover Balance. If it does, cell H60 will turn pink as a flag, and will show a % above 150%. You will need to reduce programming during the 5 years per Measure I Policy VLS-9.
11) Hide/Unhide blank project lines as needed. If you need more lines to input Projects, please unhide rows up line 55. If Projects exceed 55, please contact SBCTA for a revised form.
12) Only input/submit the 5 Year CIP using the SBCTA-approved form sent to you. Contact SBCTA if you encounter problems.
13) All projects with expenditures MUST BE LISTED as a requirement of the Measure I Ordinance and Policy VLS-9. If an agency spends Measure I Local Street funds on a project not listed, a Revised CIP must be submitted by Sept 1 after the year where the expenditures were incurred to avoid an audit finding. 9) Please enter the amount of Measure I Local Street dollars estimated to be spent by Fiscal Year.
8) Please enter Estimated Total Project Cost in column G. May be more than the Measure I amount.

Each Jurisdiction must annually submit a new 5 year CIP to SBCTA by September 1 to receive Local Street Pass-Through funds. 2) Select your Jurisdiction in L2 Using Drop Down (Revenue will update automatically)
5) Please include the type of work. There's no limit on categorial projects, like pavement mgmt or routine maintenance. If adding a specific road/named project, please include road name, limits and type of work. 6) Please enter yes or no as appropriate in cells C&D to indicate if the Project is in a Non-Motorized Trans Plan or has an ATP Component.
7) If the Project is a Capacity Improvement Project/Arterial Project, please enter the Public/DIF Share % from the Nexus Study. Otherwise, leave blank.

Please Contact SBCTA if you need help with this.

Page 7 of 7 ends

175
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1540 Agenda Date: 7/26/2022
Agenda #: N. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 71 (Sierra Crest) for Fiscal Year 2022-2023 RECOMMENDATION:

Adopt Resolution No. 2022-075, Authorizing the Levy of Special Tax in Community Facilities District No. 71 (Sierra Crest) for Fiscal Year 2022-2023.

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

DISCUSSION:

Community Facilities District No. 71 (Sierra Crest) was established by Resolution No. 2014-020 on April 8, 2014, to finance public facilities and to pay annual landscape and lighting maintenance costs for the district. On July 20, 2016, the District issued $5,915,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the maturing principal and interest on the bonds and/or direct payment for the acquisition or construction of authorized facilities. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1692 approved and adopted by the City Council on April 8, 2014.

The special tax levied on each assessable parcel within the District is necessary to pay principal and interest on the outstanding bonded indebtedness and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B). The proposed Fiscal Year 2022-2023 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A, Schedule 2. Special tax rate A (bond) and special tax rate B (maintenance) will remain the same as the prior year.

A comparison of the total special tax levy and rates (A and B) for Fiscal Year 2021-2022 and fiscal Year 2022-2023 is outlined in Exhibit A, Schedule 3.

The proposed special tax rates for Fiscal Year 2022-2023 were developed according to the Rate and Method of Apportionment (Exhibit B) as amended in April 2016.

The District was established after the adoption of Proposition 218 and complies with its requirements City of Fontana Page 1 of 2 Printed on 7/21/2022
powered by Legistar™176
File #: 21-1540 Agenda Date: 7/26/2022
Agenda #: N. Category: Consent Calendar
The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

The City Treasurer has reviewed and supports this action.

FISCAL IMPACT:

The proposed Fiscal Year 2022-2023 special tax rates are the same as prior year and will generate approximately $477,525; $360,463 for debt service and $117,062 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/21/2022
powered by Legistar™177

Page 1 of 3 ends

RESOLUTION NO. 2022-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 71 (SIERRA CREST) FOR FISCAL YEAR 2022-2023.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 71; and
WHEREAS, on April 8, 2014, Community Facilities District No. 71 (Sierra Crest) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 18820; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council is desirous to establish the specific rate of the special tax to be collected for Fiscal Year 2022-2023.

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

SECTION 1. That the above recitals are all true and correct.

Page 2 of 3 ends

SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;
(b) Necessary replenishment of bond reserve funds or other reserve funds; (c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and
(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2022-2023 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “B” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 179
Resolution No. 2022-

Page 3 of 3 ends

APPROVED AND ADOPTED this 26
th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

AYES:

NOES:

ABSENT:

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

City Clerk
180
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2022-2023
Bond Payment 09/2022 231,834 $ Bond Service Funds Available 221,470 $ Bond Payment 03/2023 75,284 Proposed Special Tax Levy 360,463 Bond Payment 09/2023 235,284 Allowance for Delinquencies (10,814) Adminstration Costs 28,717
Total Costs $ 571,119 Available Funds $ 571,119
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2022-2023
(Special Tax A and Special Tax B)
Total Special
Residential Lot Size Special Tax A Special Tax B Tax Rate 1- >3,450 sq ft 2,240.14 $ 626.00 $ 2,866.14 $
2- 3,250 to 3,450 sq ft 2,153.36 626.00 2,779.36
3- 3,050 to 3,250 sq ft 2,021.36 626.00 2,647.36
4- 2,850 to 3,050 sq ft 1,980.38 626.00 2,606.38
5- 2,650 to 2,850 sq ft 1,900.22 626.00 2,526.22
6- 2,450 to 2,650 sq ft 1,859.52 626.00 2,485.52
7- 2,250 to 2,450 sq ft 1,782.70 626.00 2,408.70
8- 2,050 to 2,250 sq ft 1,737.48 626.00 2,363.48
9- 1,850 to 2,050 sq ft 1,655.52 626.00 2,281.52
10- <1,850 sq ft 1,627.20 626.00 2,253.20
Total Proposed Levy 360,463.28 $ 117,062.00 $ 477,525.28 $ Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification
(Land Use) Special Tax Rate Special Tax Rate
1- >3,450 sq ft 54,457 $ 2,866 $ 54,457 $ 2,866 $ 0%
2- 3,250 to 3,450 sq ft 61,146 2,779 61,146 2,779 0%
3- 3,050 to 3,250 sq ft 63,537 2,647 63,537 2,647 0%
4- 2,850 to 3,050 sq ft 46,915 2,606 46,915 2,606 0%
5- 2,650 to 2,850 sq ft 90,944 2,526 90,944 2,526 0%
6- 2,450 to 2,650 sq ft - 2,486 - 2,486 0%
7- 2,250 to 2,450 sq ft 55,400 2,409 55,400 2,409 0%
8- 2,050 to 2,250 sq ft 70,905 2,363 70,905 2,363 0%
9- 1,850 to 2,050 sq ft 34,223 2,282 34,223 2,282 0%
10- <1,850 sq ft - 2,253 - 2,253 0%
Undeveloped - 626 - 626 0%
$ 477,526 $ 477,526
FY 2021 - 2022 FY 2022 - 2023
Exhibit "A"
City of Fontana
Community Facilities District No. 71
Sierra Crest
Percent Rate
Change
181
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 71
(SIERRA CREST)

A Special Tax shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 71 (“CFD No. 71”) and collected each fiscal year commencing in Fiscal Year 2014-2015, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the appropriate Special Tax for “Developed Property,” and “Non-Residential Property.” All of the real property in CFD No. 71, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2022-2023 shall be as follows.

I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Maximum Actual Tax
Annual Tax Rate Tax Rate Amount
Land Use Class Unit FY 2022-2023 FY 2022-2023 FY 2022-2023 1 - greater than 3,450 sq ft Unit $ 2,333.48 $ 2,240.14 $ 42,563 2 - 3,250 -- < 3,450 sq ft Unit 2,243.08 2,153.36 47,374 3 - 3,050 -- < 3,250 sq ft Unit 2,105.59 2,021.36 48,513 4 - 2,850 -- < 3,050 sq ft Unit 2,062.90 1,980.38 35,647 5 - 2,650 – < 2,850 sq ft Unit 1,979.40 1,900.22 68,407 6 - 2,450 – < 2,650 sq ft Unit 1,937.25 1,859.52 0
7 - 2,250 -- < 2,450 sq ft Unit 1,856.98 1,782.70 41,002 8 - 2,050 -- < 2,250 sq ft Unit 1,809.89 1,737.48 52,124 9 - 1,850 -- < 2,050 sq ft Unit 1,724.51 1,655.52 24,833 10 - less than 1,850 sq ft Unit 1,695.01 1,627.20 0
11 - Non-Residential Acre 19,074.00 19,074.00 0
$360,463
*As amended. Notice of Special Tax Lien with amended rates recorded May 24, 2017. 182
B-2
Method of Apportionment of Special Tax A
Commencing with Fiscal year 2014-2015 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement 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 Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at 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 levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax 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, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property at up to 100% the Maximum Facilities Special Tax A for Taxable Public Property, as needed to satisfy the Special Tax Requirement for Facilities; Notwithstanding the above the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities 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 order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 71 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 71 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 against any Assessor’s Parcel of Residential Property for which a Certificate of Occupancy has been issued for private residential use be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 71 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any 183
B-3
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 previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2022-2023 FY 2022-2023 FY 2022-2023 1 – Final Residential Subdivision Unit $1,027.55 $626.00 $117,062 5 – Non-Residential Property Acre 8,797.99 5,360.00 0
$117,062
Commencing July 1, 2014, and each July 1 thereafter, the Maximum Special Tax rates for Special Tax B for Residential Property, and Non-Residential Property shall be increased by two percent (2%).

Method of Apportionment of Special Tax B
Commencing with Fiscal Year 2014-2015 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 Services 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 Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% 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 levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel. 184
Location Map
CFD 71
CFD 71
Tract 18820
187 lots
185
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1541 Agenda Date: 7/26/2022
Agenda #: O. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for June 2022.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents. · To increase citizen involvement by informing the public about issues, program and accomplishments.

DISCUSSION:

The June 2022 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/21/2022
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2022 CRIME STATISTICS ARE IN NIBRS
FORMAT
• As reported to the community in October of 2021, the Fontana Police Department transitioned from Uniform Crime Reporting (UCR) format to the Department of Justice mandated National Incident Based Reporting System (NIBRS).
• There were significant reporting requirement changes, in terms of types of crimes and categories reported.
• As a result, year-to-year comparison reporting is not available due to the new format and crimes reported.
• As an example, Robbery was reported as a Crime Against Person in UCR format but transitioned to a Property Crime under NIBRS. • It is important to note nothing has changed in the manner your Fontana Police Department investigates crimes.
187

POLICE DEPARTMENT

MONTHLY REPORT
June 2022
188
NOTEWORTHY EVENTS • June 2- MAIT investigated a fatal traffic accident on Foothill and Juniper • June 3- FPD celebrated National Donut Day!
• June 4- FPD supported the Fontana Half-Marathon Event • June 8- FPD hosted a Blood Drive
• June 8- ICAC Detectives arrested a man from San Bernardino on charges of possession and distribution of Child Pornography
• June 8- Patrol arrested individuals responsible for stealing gas after a pursuit • June 11- ASO Unit hosted a low-cost animal vaccination clinic • June 17- Members of the FPOA attended a charity fundraiser for the Ronald McDonald House • June 21- Patrol officer reunited a missing elderly adult woman with her family • June 22- MAIT investigated a fatal traffic accident on Beech and South Highland • June 29- RRT Officers made multiple arrests and seizures related to illegal fireworks sales • June 30- FPD Honor Guard members attended the memorial service for the two fallen El Monte Police Officers
KA1
189
Slide 3
KA1 Kevin Anderson, 2/9/2021
190
191

CITYWIDE
• Priority 1 response time- 4:26 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,600
• Total Traffic Accidents- 318
• Non-Injury- 267, Injury - 51
• Total arrests- 722
• Hispanic- 480, White- 129, Black- 95, All others races- 18 • Total Group A Offenses- 862
• Crimes Against Persons- 203
• Crimes Against Property- 427
• Crimes Against Society- 232
192
CITYWIDE • Crimes Against Person- 203
• Homicide- 0
• Sex Offenses- 12
• Assault- 186
• Kidnapping- 5
• Crimes Against Property- 427
• Robbery- 20
• Burglary- 41
• Larceny- 157
• Destruction of Property- 38
• Fraud- 53
• Possession of Stolen Property- 54
• Motor Vehicle Theft- 52
• Other Miscellaneous Property Crimes- 12
• Crimes Against Society- 232
• Drug and Paraphernalia Possession- 194
• Possession of Child Pornography- 2
• Possession of Weapons- 34
• Other Miscellaneous Crimes- 4
193

CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
194
BEAT 1

AREA COMMANDER IS LIEUTENANT CARLO GRANILLO
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 81
• Crimes Against Persons- 15
• Crimes Against Property- 56
• Crimes Against Society- 10
195
BEAT 2

AREA COMMANDER IS LIEUTENANT ADAM CLABAUGH
EMAIL- [email protected]
DESK- (909) 854-8004
• Total Group A Offenses- 182
• Crimes Against Persons- 51
• Crimes Against Property- 90
• Crimes Against Society- 41
196
BEAT 3

AREA COMMANDER IS LIEUTENANT RUAL FILETO
EMAIL – [email protected]
DESK – (909) 854-8161
• Total Group A Offenses- 393
• Crimes Against Persons- 106
• Crimes Against Property- 179
• Crimes Against Society- 108
197
Beat 4

AREA COMMANDER IS LIEUTENANT DOUG IMHOF
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 161
• Crimes Against Persons- 28
• Crimes Against Property- 96
• Crimes Against Society- 37
198

ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 199
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1542 Agenda Date: 7/26/2022
Agenda #: P. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 74B and 74M (Citrus/Summit) for Fiscal Year 2022-2023
RECOMMENDATION:

1. Adopt Resolution No. 2022-076, Authorizing the Levy of a Special Tax in Community Facilities District No. 74B (Citrus/Summit) for Fiscal Year 2022-2023.

2. Adopt Resolution No. 2022-077, Authorizing the Levy of a Special Tax in Community Facilities District No. 74M (Citrus/Summit) for Fiscal Year 2022-2023.

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

DISCUSSION:

Community Facilities District No. 74B (Citrus/Summit) was established by Resolution No. 2016-002 on January 12, 2016, to finance public facilities for the district. On January 12, 2016 the District issued $4,045,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1738 approved and adopted by the City Council on January 26, 2016.

Community Facilities District No. 74M was established by Resolution No. 2014-053 on June 24, 2014 to finance the maintenance and operation of street lights, landscaping, parks, parkways, storm drains, and open space facilities. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1697 approved and adopted by the City Council on July 8, 2014.

The special tax for CFD 74B is levied on each assessable parcel within the Districts is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax). The proposed special tax rates for Fiscal Year 2022-2023 were developed according to the Rate and Method of Apportionment (Exhibit B). The proposed Fiscal Year 2022-2023 special tax City of Fontana Page 1 of 2 Printed on 7/21/2022
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File #: 21-1542 Agenda Date: 7/26/2022
Agenda #: P. Category: Consent Calendar
rates are shown in Exhibit A, Schedule 2. The rate for CFD 74B is the same as the prior year.

The special tax for CFD 74M is levied on each assessable parcel within the Districts is necessary to pay for the cost of providing maintenance and operation of street lights, landscaping, parks, parkways, storm drains, and open space facilities. The proposed special tax rates for Fiscal Year 2022-2023 were developed according to the Rate and Method of Apportionment (Exhibit C). The proposed Fiscal Year 2022-2023 special tax rates are shown in Exhibit A, Schedule 2. The rate for CFD 74M is the same as the prior year.

The Districts were established after the adoption of Proposition 218 and comply with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

The City Treasurer has reviewed and supports this action.

FISCAL IMPACT:

The proposed Fiscal Year 2022-2023 special tax rates for CFD 74B are the same as the prior year and will generate approximately $360,455 for debt service expenses. The special tax rate for CFD 74M is the same as the prior year and will generate $84,645 for maintenance expenses.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/21/2022
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Page 1 of 3 ends

RESOLUTION NO. 2022-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 74B (CITRUS/SUMMIT) FOR FISCAL YEAR 2022-2023.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 74B; and
WHEREAS, on January 12, 2016, Community Facilities District No. 74B (Citrus/Summit) Special Tax Bonds, were approved for the acquisition of the improvements in Tracts 18825 and 18915; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council is desirous to establish the specific rate of the special tax to be collected for Fiscal Year 2022-2023.

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

SECTION 1. That the above recitals are all true and correct.

Page 2 of 3 ends

The basis for the determination of the special tax needed for the 2021-2022 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

Page 3 of 3 ends

APPROVED AND ADOPTED this 26
th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

AYES:

NOES:

ABSENT:

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

City Clerk
204

Page 1 of 2 ends

RESOLUTION NO. 2022-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 74M FOR FISCAL YEAR
2022-2023.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 74M; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council is desirous to establish the specific rate of the special tax to be collected for Fiscal Year 2022-2023.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 4. The proceeds of the Special Tax shall be used to pay the costs of maintenance of the District and for payment of administrative expenses incurred in connection with the levy and collection of said Special Taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District fund.
205
Resolution No. 2022-

Page 2 of 2 ends

SECTION 7. The City Clerk is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected, the installment of the Special Tax as set forth in Exhibit “C”.

APPROVED AND ADOPTED this 26
th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

AYES:

NOES:

ABSENT:

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

City Clerk
206
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2022-2023
Bond Payment 09/2022 160,763 $ Bond Service Funds Available 97,745 $ Bond Payment 03/2023 79,163 Proposed Special Tax Levy 360,455 Bond Payment 09/2023 164,163 Allowance for Delinquencies (10,814) Administration Costs 43,297
Total Costs $ 447,386 Available Funds $ 447,386
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2022-2023
(Special Tax 74B and Special Tax 74M)
Residential Lot Size
(Square Feet)
Special Tax
74B
Special Tax
74M
Total Combined
Tax Rate
1- 2,700 or Greater 2,419.00 $ 495.00 $ 2,914.00 $
2- 2,450 to less than 2,700 2,263.00 495.00 2,758.00
3- 2,200 to less than 2,450 2,160.00 495.00 2,655.00
4- 1,950 to less than 2,200 1,983.00 495.00 2,478.00
5- 1,700 to less than 1,950 1,811.00 495.00 2,306.00
6- Less than 1,700 1,726.00 495.00 2,221.00
7- Non-Residential 21,775.00 0.00 21,775.00
Undeveloped Mapped 25,617.00 495.00 26,112.00
Total Proposed Levy 360,455.00 $ 84,645.00 $ 445,100.00 $ Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years (Special Tax 74B and Special Tax 74M)
Tax Classification
(Land Use) Special Tax Combined Rate Special Tax Combined Rate 1- 2,700 or Greater 78,678 $ 2,914 $ 78,678 $ 2,914 $ 0% 2- 2,450 to less than 2,700 140,658 2,758 140,658 2,758 0% 3- 2,200 to less than 2,450 114,165 2,655 114,165 2,655 0% 4- 1,950 to less than 2,200 39,648 2,478 39,648 2,478 0% 5- 1,700 to less than 1,950 43,814 2,306 43,814 2,306 0% 6- Less than 1,700 26,652 2,221 26,652 2,221 0%
7- Non-Residential 0 21,775 0 21,775 0%
Undeveloped Mapped 1,485 26,112 1,485 26,112 0%
$ 445,100 $ 445,100
FY 2021 - 2022 FY 2022 - 2023
Exhibit "A"
City of Fontana
Community Facilities District No. 74B and 74M
Citrus/Summit
Percent Rate
Change
207
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 74B
(Citrus/Summit)

A Special Tax shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 74B (“CFD No. 74B”) and collected each fiscal year commencing in Fiscal Year 2016-2017, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 74B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2022-2023 shall be as follows.

I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (Square Feet) Unit FY 2022-2023 FY 2022-2023 FY 2022-2023 1 - Greater than 2,700 Unit $2,419.00 $2,419.00 $ 65,313 2 - 2,450 to less than 2,700 Unit 2,263.00 2,263.00 115,413 3 - 2,200 to less than 2,450 Unit 2,160.00 2,160.00 92,880 4 - 1,950 to less than 2,200 Unit 1,983.00 1,983.00 31,728 5 1,700 to less than 1,950 Unit 1,811.00 1,811.00 34,409 6- Less than 1,700 Unit 1,726.00 1,726.00 20,712
7- Non-Residential Property Acre 21,775.00 21,775.00 0
Undeveloped Mapped Acre 25,617.00 25,617.00 0
$360,455
208
B-2
Method of Apportionment of Special Tax
Commencing with Fiscal year 2016-2017 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The 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 Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at 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 levy of the Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor’s Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to 100% the Maximum Special Tax A for Taxable Public Property and Taxable Property Owner Association Property, as needed to satisfy the Special Tax Requirement; Notwithstanding the above the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 74B Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 74B Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Special Tax levied against any Assessor’s Parcel of Residential Property for which a 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 consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 74B by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Residential Property is limited by the provision in the previous sentence, the levy 209
B-3
of the Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Special Tax.
210
EXHIBIT “C”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 74M
(Citrus/Summit)

A Special Tax shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 74M (“CFD No. 74M”) and collected each fiscal year commencing in Fiscal Year 2014-2015, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 74M, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2022-2023 shall be as follows.

I. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK, PARKWAYS,

AND OPEN SPACE
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2022-2023 FY 2022-2023 FY 2022-2023 1 – Final Residential Subdivision Unit $814.30 $495.00 $84,645 $84,645
Commencing July 1, 2014, and each July 1 thereafter, the Maximum Special Tax rates for the Special Tax for Residential Property shall be increased by two percent (2%). 211
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2014-15 and for each following Fiscal Year, and prior to the final date on which the County Auditor will accept the levy for inclusion on the ad valorem real property tax roll for such Fiscal Year, the City Manager shall determine the Special Tax Requirement to be collected from Taxable Property in CFD No. 74M in such Fiscal Year. The Special Tax shall be levied as follows until the amount of the levy equals the Special Tax Requirement.

First: The Special Tax shall be levied in equal percentages on each Assessor’s Parcel of Developed Property up to 100% of the applicable Assigned Special Tax for such Assessor’s Parcel;
Second: If additional funds are needed to satisfy the Special Tax Requirement after the first step has been completed, then the Special Tax shall be levied on each Assessor’s Parcel of Undeveloped Property up to 100% of the Assigned Special tax for such Assessor’s Parcel;
Third: If additional funds are needed to satisfy the Special Tax Requirement after the first and second steps have been completed, then the Special Tax shall be levied on each assessor’s Parcel of Developed Property in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor’s Parcel;
Fourth: If additional funds are needed to satisfy the Special Tax Requirement after the first, second, and third steps have been completed, then the Special Tax shall be levied on each Assessor’s Parcel of Undeveloped Property in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor’s Parcel.
212
213
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1543 Agenda Date: 7/26/2022
Agenda #: Q. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Donations Jan - Jun 2022
RECOMMENDATION:

Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility, and availability. · To improve public safety by emphasizing community-oriented policing and community involvement.

DISCUSSION:

The Fontana Police Department received various donations including snack items, drinks, meals, pet food, gift cards, clothing, school supplies, hygiene kits, and monetary donations to charity. Please reference the attached spreadsheet for the complete list of generous donations which help support the Police Department and its various programs.

FISCAL IMPACT:

Increase funds to the following accounts:
· $930.00 for Holiday Fund, deposited to account #101.3308 · $20.00 for Fontana Animal Service Team, deposited to account #101.3311 MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/21/2022
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DATE DONOR ITEM
APPROX

VALUE REASON
1/6/2022 Exchange Club Check donation #101.3308 $ 200.00 Holiday Fund 1/13/2022 Heather Reyes Check donation #101.3308 $ 30.00 Holiday Fund 1/13/2022 Sierra Car Wash Check donation #101.3308 $ 200.00 Holiday Fund 1/13/2022 Fontana Police Foundation Cash donation #101.3308 $ 500.00 Holiday Fund 1/25/2022 Jaime Simmons
4 bags of dried dog food, and 12
cans of wet dog food $ 145.00 ASO Dept
1/28/2022 Christian - Monster Energy 10 cases of Monster $ 350.00 Appreciation 2/2/2022 Home Depot Food and giveaways $ 400.00 Appreciation 2/16/2022 Volunteer For Veterans Found Walmart gift cards $ 375.00 Love Our Veterans Program 2/17/2022 Nutrishop - North Fontana 2 Cases of energy drinks $ 68.00 Appreciation 3/2/2022 Hadley Tow Popsicles $ 46.90 Playdate with Police 3/17/2022 The Blue and White Rose
Foundation Towels, socks, undergarments $ 140.00 Homeless Outreach Program 3/28/2022 Crumbl Cookies - Dominick Box of gourmet cookies $ 54.00 Appreciation 4/12/2022 The Church of Jesus Christ of
Latter Day Saints
100 Hygiene kits $ 1,500.00 Homeless Outreach Program
4/13/2022 Amazon
Soap, detergent, hygiene
products, hand sanitizer $ 300.00 Homeless Outreach Program 4/13/2022 Amazon Hula hoops, notebooks $ 100.00 Playdate with Police 4/20/2022 John Johnson (Resident) Blue Buffalo Dog Food (30 lbs.) $ 46.99 Appreciation 4/28/2022 The Blue and White Rose
Foundaation Men/Women's clothing $ 450.00 Homeless Outreach Program 5/11/2022 Jersey Mike's Sandwiches $ 50.00 Appreciation 5/12/2022 Starbucks - Sierra & Foothill
(East) Coffee and pastries $ 50.00 Appreciation
5/16/2022 Papa John's 10 Pizzas $ 160.00 Appreciation
5/19/2022 Citizen Cash donation #101.3311 $ 20.00 ASO Appreciation 5/19/2022 Walmart (Loma Linda) Water, granola bars, hand sanitizer, masks and soda $ 150.00 Police Week Appreciation 5/25/2022 FUSD (Superintendent Randal
Bassett) Cupcakes and cookies $ 100.00 Appreciation
6/16/2022 Friends of the Pacific Electric
Trail 2 Bicycles $ 500.00 Homeless Outreach Program
Total value of donated items $ 4,985.89
Total checks/cash $ 950.00
January -June 2022 DONATION LOG
215
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1546 Agenda Date: 7/26/2022
Agenda #: R. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2022 National Night Out Event
RECOMMENDATION:

1. Accept monetary and gift donations from multiple donors for the 2022 National Night Out Event with a total value of $936.00 and cash amount in $600.00.

2. Adopt Resolution No. 2022-078, requesting to recognize August 2, 2022, as National Night Out.

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility, and availability. · To increase citizen involvement by seeking community input.

DISCUSSION:

The Police Department will be hosting 2022 National Night Out Event on August 2, 2022 at Miller Park Amphitheater. This year the Department received cash and gifts valued at $1,536.00 from local businesses in support of the event.

Many of our community programs and events would not be possible without these donations. Please reference the attached spreadsheet for the complete list of all our generous donors who help support these annual events.

FISCAL IMPACT:
$600.00 check donations for the event were deposited in the following general fund account #101.3301
MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/21/2022
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DATE FROM DONATION VALUE
4/3/2022 OakQuarry Golf Club Foursome (18 Holes, includes carts) $436.00 4/26/2022 Six Flags Magic Mountain 2 one day tickets to 2022 season $180.00 4/26/2022 Purple Easel 2 Passes $70.00
4/28/2022 King Taco Restaurant Check 208766
5/25/2022 Picaboo.com 5 $50 Gift Certificates for photos $250.00 5/27/2022 Assisvis $100 Check # 6046
TOTAL $936.00
National Night Out - Account #101.3301
217

CASH / CHECKS
$500.00
$100.00
$600.00
218

Page 1 of 2 ends

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, REQUESTING TO RECOGNIZE AUGUST 2, 2022, AS

NATIONAL NIGHT OUT
WHEREAS, National Night Out will be held on August 2, 2022; and WHEREAS, National Night Out is “America’s National Night Out Against Crime”; and WHEREAS, , National Night Out has become a civic tradition that serves the purpose of heightening crime and drug abuse prevention awareness; and WHEREAS, , National Night Out generates support for and participation in local anti-crime programs and strengthens neighborhood spirit and police-community relations; and WHEREAS, , Americans across the nation gather on National Night Out to send a strong message to criminals letting them know that neighborhoods are organized and will fight back against crime; and
WHEREAS, , National Night Out provides the opportunity for neighbors to get to know each other better and restore trust in one another while having fun.

NOW, THEREFORE, I, Mayor Acquanetta Warren, along with the city council of the City of Fontana, supports National Night Out on August 2, 2022, and encourages every citizen of Fontana to take personal responsibility by participating in the National Night Out event held at Miller Park Amphitheater hosted by the Fontana Police Department.

APPROVED AND ADOPTED on this 26th day of July 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, California, and ExOfficio 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 thereof, held on the 26th day of July 2022, by the following vote to-wit:
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Reso No. 2022-

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AYES:

NOES:

ABSENT: None
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 #: 21-1571 Agenda Date: 7/26/2022
Agenda #: S. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

Award Contract for Citywide Weed Abatement and Rubbish Removal Services SP-64-DS-22 RECOMMENDATION:

Award bid and authorize the City Manager to execute a contract with California Landscape and Design, Inc., for a period of two (2) years, renewable for three (3) one-year extensions at the City's sole discretion (SP-64-DS-22) for Weed Abatement and Rubbish Removal from city properties and code violations of property owners not to Exceed $315,000.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.

DISCUSSION:

City staff recently solicited bids for Citywide weed abatement and rubbish removal services. In accordance with City purchasing policies, staff has completed the formal bidding process. Three hundred seven-five (375) vendors were notified and bid packets were downloaded by thirty-seven (37) vendors. Three (3) bid response was received. Twenty-six (26) Fontana vendors were notified and we received no Fontana vendor responses. After evaluating the bid response, Staff is recommending California Landscape and Design, Inc., for award of contract as they are the lowest, most responsive and responsible bidder. California Landscape and Design, Inc. is the current contracted vendor for these services and has performed satisfactorily during the current contract period.

The Code Compliance is responsible for the weed abatement of properties with hazardous growth not maintained by the property owners during the spring and summer seasons. The City contracts with qualified contractors to bring specifically identified parcels into compliance with the Fontana Municipal Code. Public Works weed abatement services involves various city owned properties, including various community facilities districts.

Upon notification by the City, property owners are required to remove the weeds and rubbish and maintain the parcel per City Code. Should the property owner fail to comply within a specific time period, the parcel will be cleared by the City contractor. When the City contractor is required to abate a parcel, the City will bill the property owner the amount charged by the contractor and additional administrative costs.

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File #: 21-1571 Agenda Date: 7/26/2022
Agenda #: S. Category: Consent Calendar
FISCAL IMPACT:

Funding has been included in the Fiscal Year 2022/2023 operating budget in various community facilities district funds for $250,000 and Code Compliance budget 21050100 for $65,000.

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1556 Agenda Date: 7/26/2022
Agenda #: T. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Adopt Resolutions Approving the Updated Salary Table and the Executive Management Benefits Schedule for the Executive Management Team
RECOMMENDATION:

1. Adopt Resolution No. 2022-079, a resolution of the City Council of the City of Fontana adopting the updated Executive salary table.

2. Adopt Resolution No. 2022-080, a resolution of the City Council of the City of Fontana adopting the Executive Management Benefits Schedule for the Executive Management Team.

COUNCIL GOALS:
· 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 the best talent to serve the Fontana residents and business community by offering attractive and competitive salaries and benefits. In an effort to be equitable, fair, and align the Executive Management Team with similar salary increases that were afforded to the other employee/bargaining groups throughout the City, staff is recommending the attached Executive salary table which increases the maximum annual salary range for each classification (excluding the City Manager and Chief of Police) by 3%. In addition, staff is recommending that each Executive that has not received a one-time cash payment previously in 2022, receive a one-time cash retention payment of $2,500, similar to what was afforded to each Management/Confidential Group member earlier in 2022. Formal adoption of all City Salary Tables is in accordance with the guidelines provided by the California Public Employee Retirement System (CalPERS).

Further, each Executive has benefits that are administered city-wide that are specifically called out in each contract, such as retirement. In an effort to be consistent and equitable amongst the Executive Management Team, staff is recommending formal adoption of a Executive Management Benefits Schedule for the Executive Management Team, which will centralize these benefits.

FISCAL IMPACT:

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File #: 21-1556 Agenda Date: 7/26/2022
Agenda #: T. Category: Consent Calendar
The total cost is approximately $129,400 throughout Fiscal Years 2022/23 and 2023/24.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2022 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING THE UPDATED EXECUTIVE SALARY TABLE
WHEREAS, the City Council of the City of Fontana has adopted Personnel Rules and Regulations which incorporate the City’s Classification and Compensation Plan; and
WHEREAS, the Classification and Compensation Plan is not a static plan and requires revision to reflect organizational changes and needs; and WHEREAS, the updated Executive Salary Table is considered a best practice for successful retention and recruitment purposes as similar within other public municipalities.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, to adopt the updated Executive Salary Table.

EFFECTIVE DATE: July 30, 2022
APPROVED AND ADOPTED this 26th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and ExOfficio 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 July 26, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:
___________________________
City Clerk of the City of Fontana
___________________________
Mayor of the City of Fontana
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Resolution 2022-

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ATTEST:
___________________________
City Clerk
232

CITY OF FONTANA

EXECUTIVE GROUP ANNUAL PAY SCHEDULE
EFFECTIVE 07/30/2022

TITLE RANGE MINMUM ANNUAL SALARY MAXIMUM ANNUAL SALARY
City Manager EXE02 $324,450.00
Chief of Police EXE02 $200,930.00 $276,429.92
Deputy City Clerk EXE01 $103,500.80 $142,140.37
Deputy City Manager EXE02 $200,930.00 $275,944.21
Director of Community Services EXE01 $133,024.32 $189,080.77 EXE01 $133,042.00 $182,711.74
Director of Innovation & Techonology EXE01 $141,723.00 $194,633.49 Director of Planning EXE01 $135,000.00 $188,958.39
Chief Financial Officer/ Director of
Management Services
EXE01 $151,350.00 $207,854.00
Public Works Director/City Engineer EXE01 $165,000.00 $212,283.00 Director of Human Resources & Risk
Management
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RESOLUTION NO. 2022 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING THE EXECUTIVE MANAGEMENT BENEFITS SCHEDULE FOR

THE EXECUTIVE MANAGEMENT TEAM
WHEREAS, each Executive employee has specific terms, working conditions, benefits, and compensation levels that are specifically outlined in each of their individual contracts; and
WHEREAS, Section 20-31 of Article II of Chapter 20 of the Fontana Municipal Code authorizes the City Manager or their designee to enter into, or amend, any agreement necessary to implement the benefit provisions of these contracts; and
WHEREAS, the City Manager seeks to ensure that the Executive Management Team’s working conditions, benefits, and compensation levels are up-to-date, consistent, and properly tailored to meet the needs to the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, to adopt the Executive Management Benefits Schedule for the Executive Management Team which will supersede all existing contracts and guide any and all future Executive Management Team employment agreements.

EFFECTIVE DATE: July 2, 2022
APPROVED AND ADOPTED this 26th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

AYES:

NOES:

ABSENT:
___________________________
City Clerk of the City of Fontana
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___________________________
Mayor of the City of Fontana
ATTEST:
___________________________
City Clerk
235
1 EXECUTIVE MANAGEMEMT

BENEFITS SCHEDULE
(Effective July 2, 2022)
The positions of Executive Management Team can be found in the current Classification and Salary Schedule – Executive Classifications. Excerpts from relevant State statutes, Council Resolutions, and Administrative Policies are found in this document, and are organized alphabetically by subject matter.

ADMINISTRATIVE LEAVE:

Each fiscal year thereafter, Employee will be allotted eighty (80) hours of Administrative Leave away from the office to be scheduled and used throughout the year. These days off do not accrue, are not subject to carry over, are not subject to any cash-out option, and will not be paid out upon separation of service.

AUTOMOBILE ALLOWANCE:

Employee shall be responsible for providing all necessary liability insurance for the use of their personal vehicle for City business and shall provide proof of such insurance to the City upon request. Employee shall also be responsible for all maintenance, repair, and replacement costs associated with the use of their personal vehicle. Finally, Employee shall comply with all vehicle laws and City policies related to safe operation of a motor vehicle when operating their vehicle for a business-related purpose.

The City shall provide the Employee with a Six Hundred Dollar ($600) monthly automobile allowance to cover all official travel within San Bernardino, Riverside, Orange, and Los Angeles Counties, with the exception of travel covered under the City’s Travel Policy. Travel outside of these areas will be reimbursed at the rate paid per mile to other City employees, except in no case shall the mileage reimbursement for any one trip exceed the cost of roundtrip coach airfare between the Ontario Airport and the destination.

OR
With the commencement of the City Manager’s approval, an automobile can be elected for use while conducting official City business and responding to City emergencies and urgent matters during non-business hours as needed. Employee understands that the vehicle shall be used for official City business and may be used for incidental personal use. Further, said vehicle shall not be operated by persons other than Employee. The City shall be responsible for providing liability insurance (bodily injury and property damage) for Employee’s use of said vehicle. In addition to those restrictions above, Employee agrees to abide by any additional restrictions on the use of said vehicle imposed by the insurer. The City shall also provide for maintenance, repair and replacement costs of said automobile, in accordance with City policy.

BEREAVEMENT LEAVE:

Employees may be allowed up to three (3) days of bereavement leave depending on need, which is not chargeable to personal leave, to be utilized in the event of a death of an employee’s spouse, child, brother, sister, parent, grandparents or other relative, subject to the approval of the City. The absence shall not exceed three days from the date of notification. In the event of a death of an employee’s relative, as listed above, who’s 236
2 permanent residency was outside of California, the employee may be allowed up to four (4) days of bereavement leave depending on need (not chargeable to personal leave).

The absence shall not exceed four (4) days from the date of notification.

The value of such leave will be based upon the employee’s previously scheduled work hours for that day (i.e., if the employee was on a 4/10 work schedule, the employee would be eligible to receive up to 30 or 40 hours of paid bereavement leave, depending on where the relative resided). The City may request reasonable verification of the need for such leave if abuse of leave is reasonable suspected.

CAFETERIA PLAN:

The City of Fontana has a Section 125 Cafeteria Plan which allows Employee to enroll in health and welfare benefits. These benefits are eligible to extend to cover Employee’s spouse or registered domestic partner and/or their legal child dependents through age 26.

Employee shall have a monthly Cafeteria Plan allotment that is equivalent to 31.4% greater than the cafeteria allotments provided to the Mgmt./Confidential Unit employees of the City.

These allotments are adjusted annually based on premium increases/decreases.

Mandatory benefits include a Group Life Insurance policy, Short- & Long-Term Disability insurance (see disability below), Medical and Dental insurance. Employee may elect to waive Medical and/or Dental insurances by providing annual documentation of outside coverage through an equivalent plan as a dependent under a Parent or in a Spouse/Registered Domestic Partner’s Group Plan.

COMPENSATION:

Employee shall be compensated at the rate of pay as outlined in their employment agreement which shall be payable in installments at the same time as other employees of the City are paid, pursuant to the procedures regularly established, and as they may be amended by the City.

The City may annually assess Employee’s performance and salary. The Employee shall be eligible, if warranted in the City Manager’s sole discretion, to receive a salary increase at the conclusion of such annual assessment.

Increases to employees’ base wages/salary ranges for any executive classifications are as follows:
• Effective the first pay period including July 1, 2023: 3% Other Compensation:

Cell Phone Allowance:

Employee shall receive monthly cell phone allowance of $85 for the use of their personal cell phone for work related purposes.

Uniform Allowance:

The annual uniform allowance for the Chief of Police is $1,250.00. The allowance shall be paid in semi-annual increments equal to 50% of the annual allowance in October and April of each year.
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3 Effective July 2022, a uniform allowance in the amount of $48.08 per pay period (approximately $1,250 per year) will be paid. The uniform allowance is intended for the purchase and maintenance of uniforms. A newly hired Chief of Police will receive the full uniform allowance at the end of their first pay period following their start of employment.

P.O.S.T. Certificate Pay (Chief of Police):

The Chief of Police is eligible to receive annual compensation for attaining the P.O.S.T. certificate as follows:
• Supervisory or Management Certificate = In accordance with Police Management Association, MOU.
• Executive Certificate = $10,000.00
DEFERRED COMPENSATION - 457(b)/401(a):

A deferred compensation plan is available to all employees, providing tax-deferred savings to serve as a retirement supplement. Employee may contribute to the City's designated deferred compensation plan up to the maximum annual amount allowed by federal and state law through a payroll deduction.

City Contribution
The City shall contribute one percent (1%) of Employee’s annual salary per year on Employee’s behalf into a qualified 401(a) plan established by the City. Such payment shall be made to Employee’s account effective the first pay period covering July 1, 2022. The City’s contribution shall increase to two percent (2%) of Employee’s annual salary effective the first pay period starting July 1, 2023.

Contributions to deferred compensation will be discontinued while an employee is receiving Workers’ Compensation payments.

DIRECT DEPOSIT:

All employees have the opportunity to setup their funds to be directly deposited into an account established for deposit of any payroll check.

DISABILITY LEAVE:

The City of Fontana does not participate in disability insurance from the State of California.

Employee will be enrolled in both Short-Term and Long-Term disability insurance through the City’s designated provider. This coverage is mandatory and may not be waived with outside insurance.

In the event the Employee is unable to work due to their own illness/injury/disability, they will be able to apply for disability benefits to be paid during their absence. Employees will continue to use any available leave in order to maintain their benefits.

Continuation of Benefits
Except as otherwise provided below, an employee taking leave shall be entitled to continue participation in pension and retirement plans to the same extent and under the same conditions as apply to unpaid leave taken for any other purpose. In order to continue coverage under employee benefit plans, including life, short-term or long-term disability insurance, or other similar plans, the employee will be required to submit timely payments 238
4 of premiums, at the group rate, during the period of leave not covered by any accrued paid leave.

The City will continue the employee’s normal group health care benefits during the period of leave on the same terms and conditions as applied prior to the commencement of family leave. Therefore, in order to continue group health benefits during any unpaid period of leave, the employee should make arrangements, in advance, for the payment of the employee’s share, if any of group health premiums.

The City may be entitled to reimbursement of any premiums paid during a period of unpaid family leave if the employee fails to return after the period of leave has expired, unless: (1) the reason for the employee’s failure to return is due to the condition, recurrence, or onset of a serious health condition of the employee, the employee’s child, spouse, or parent; (2) other circumstances beyond the control of the employee as set forth in applicable law and regulations.

During any period of leave which is unpaid, the City shall discontinue payments made on behalf of the employee to employee retirement plans and the leave period shall not be counted for purposes of time accrued under the plan.

HOLIDAYS:

The following eleven (11) holidays shall be observed as paid holidays:

New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day
Veteran’s Day Thanksgiving Day Day After Thanksgiving
Christmas Eve Christmas Day
Employee shall also be entitled to use three (3) optional “Floating Holidays” to be used as additional administrative leave days. Employee’s leave account will receive credit for the two “Floating Holidays” on January 1st and credit for one “Floating Holiday” on November 1st. “Floating Holiday” time not used by June 30th of each fiscal year will be forfeited.

Holidays and “Floating Holidays” shall have the same hour equivalent as Employee’s regular work schedule. Floating holidays must be used within the fiscal year earned, and may not be carried over from year to year. Floating holiday time not used by June 30 of each year will be forfeited by the employee.

Employees retiring from the City, employees resigning/separating from employment will have Floating Holiday Time paid out on their final paycheck.

Eligibility for Holidays
In order to be eligible for a paid holiday, employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the holiday and the Tuesday following the holiday.
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5 Winter Holiday Closure
In accordance with the Management/Confidential group, the City mutually agrees to the closure of the City for business during the winter holiday period (e.g. Christmas Eve through New Year’s Day).

JURY DUTY:

Any employee of the City who is called for jury duty shall immediately notify their supervisor. During such jury duty services, employees shall be paid their regular salary received from the City but only if such employee turns over to the City all monies which are received for their service less the actual mileage expense reimbursement. Employees shall not be required to report to work while on jury duty unless they would be able to complete at least one full hour of work, either before or after fulfilling their jury service obligation.

LIFE INSURANCE:

The City enrolls members of the Executive Management Team in a life insurance policy equivalent to three (3) times their annual salary to a maximum of $500,000. This policy is coverage for both Accidental Death and Dismemberment. The policy monthly premium shall be paid in accordance with the City’s Cafeteria Plan and allotment received. Group policies are term to the Employee’s employment however, they can be ported upon separation or retirement at the Employee’s individual cost.

This life insurance coverage is payable to beneficiary on file in Human Resources at time of death.

Additional Death Benefits:

In the event of an employee’s death, their beneficiary will receive payment of all remaining hours worked, any unused personal leave, floating holiday and Administrative Leave hours.

Additional beneficiary payments and survivor benefits are available through CalPERS. See Retirement.

LONGEVITY PAY:

Longevity pay shall be paid to all Executive employees who complete a minimum of ten (10) years of service based on the employee’s anniversary date (date of initial hire into a regular full-time position). Employee shall be eligible to receive Longevity Pay consistent with the rates for Management/Confidential Unit employees hired post July 1, 1990, with continuous service as follows:
• 10 years or more - $2,250
• 15 years or more - $2,750
• 20 years or more - $3,250
• 25 years or more - $3,750
This longevity payment will be made in the month of December via direct deposit and will be based upon the Employee’s anniversary date.
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6 Employees hired after July 1, 2021, will receive these Longevity payments on a bi-weekly pro-rated basis with their normal paycheck.

Longevity will cease upon termination of employment. These longevity payments shall be reported to CalPERS as compensation earnable for the purpose of calculating retirement benefits and contributions.

MILITARY LEAVE:

Military leave shall be granted in accordance with the provisions of state and federal law.

Employees must notify their Department Head as soon as they become aware of the need for such leave and give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken.

PERSONAL LEAVE:

Employee will receive Personal Leave as outlined in the Management/Confidential MOU.

The City of Fontana does not separate out Vacation and Sick leave hours. Hours earned on a pay period basis shall be earned based on years of service as follows:

Years of Service Hours Assigned Pay Period Accumulation 0 – 2 Years 224 Hours 8.615
2-4 Years 240 Hours 9.230
4-6 Years 256 Hours 9.846
6-8 Years 264 Hours 10.154
8-10 Years 272 Hours 10.462
10-14 Years 280 Hours 10.769
14-18 Years 296 Hours 11.385
18 + Years 312 Hours 12.000
Chief of Police will receive Personal Leave as outlined in the Police Management Association MOU. Hours earned on a pay period basis shall be earned based on years of service as follows:

Years of Service Hours Assigned Pay Period Accumulation 0 – 2 Years 224 Hours 8.62
2-4 Years 240 Hours 9.23
4-6 Years 256 Hours 9.85
6-8 Years 264 Hours 10.15
8-10 Years 272 Hours 10.46
10-14 Years 280 Hours 10.77
14-18 Years 296 Hours 11.38
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7 18 + Years 312 Hours 12.00
The numbers of personal leave hours which can be accrued in their leave bank at any given time is a maximum of one thousand (1,000) hours. The application of the maximum accrual limit will be made on a pay period by pay period basis. Once the maximum accrual limit is met, employees will cease to accrue personal leave time until the next pay period in which they have reduced their personal leave below their accrual limit.

Annual Leave Cash Out
Employee may cash out up to 160 hours maximum of personal leave, subject to the limits on accrued leave cash out time available in accordance with the leave accrual cash out as established for Management/Confidential Unit employees. All accrued personal leave is payable upon separation from service.

RETIREMENT:

The City of Fontana participates in the California Public Employees’ Retirement System (CalPERS). There are three retirement tier benefits for each Miscellaneous and Safety Member categories.

Miscellaneous Members (Non-Sworn):

Tier I
All Miscellaneous Members hired prior to July 1, 2011, will have the 2.5% at 55 Plan Full Formula for Local Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest one-year salary. Employees will pay three percent (3%) of the Employees’ portion of the CalPERS retirement system. The City shall pay the remaining employee contribution five percent (5%; however, said payments shall not exceed the full employee portion of 8%. These payments are not salary increases but are the City’s payment of employees’ retirement contributions in accordance with Section 414(h)(2) of the Internal Revenue Code.

Tier II
All Miscellaneous Members hired on or after July 1, 2011, will have the 2.0% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest consecutive 36-month average for determining retirement benefits. Employees in this group (post 7/1/2011) will pay the full employee portion of the CalPERS retirement system.

Tier III
All Miscellaneous Members hired on or after January 1, 2013, as is mandated by the Public Employee’s Pension Reform Act of 2013 (PEPRA), all new miscellaneous members, will have a retirement formula based on 2.0% @ 62 Plan Full Formula for Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest consecutive 36-month average. An employee in Tier III will pay 50% of Normal Costs. The amount is approved by CalPERS each year and is subject to change.
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8 Safety Members (Sworn):

Tier 1
Classic Safety Members hired prior to July 1, 2011, will have a retirement formula that is based on 3.0% @ 50 Plan Full Formula for Safety Members and upon retirement an employee’s “final compensation” will be based on the “highest one (1) year” salary.

For Tier 1 above, the City shall pay up to one hundred percent (100%) of each employee’s required retirement contributions pursuant to the retirement plan maintained by the City through PERS. Said payment shall not exceed nine percent (9%) of the employee’s “PERSable” compensation. These payments are not salary increases but are the City’s payment for employees’ retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code.

Tier II
All Safety Members hired on or after July 1, 2011, will have a retirement formula that is based on 3.0% at 55 Plan Ful Formula for Safety Members and upon retirement an employee’s “final compensation” will be based on the highest consecutive 36-month average for determining retirement benefits. Employees in Tier II will pay the full employee portion.

Tier III
All Safety Members hired one or after January 1, 2013, as is mandated by the Public Employee’s Pension Reform Act of 21013 (PEPRA), will have a retirement formula based on 2.7% @ 57 Plan Full Formula for Safety Members and upon retirement an employee’s “final compensation” will be based the highest consecutive 36-month average. An employee in Tier III will pay 50% of Normal Costs. This amount is provided by CalPERS each year and is subject to change.

EPMC Conversion
The City will report as compensation for retirement purposes the Employee Paid Member Contributions of 9% for Tier I employees ONLY that were hired prior to July 1, 2011.

Cost Sharing (per section 20516 of the CA Public Employee’s Retirement Law) All Tier I (as defined above), Classic Safety Member in the Classification of Police Chief will contribute three percent (3%) towards the City’s Employer CalPERS costs.

Such contributions shall be tax-deferred and shall be credited to the member’s account.
1959 Survivor’s Benefits
The City providers the Level 4 1959 Survivor’s Benefit for all employees enrolled in CalPERS. The cost of this benefit will be paid by the City.

PERS Military Buy-Back
The agreement between the City and PERS shall allow for the buy-back of time served by the employee in the Military for additional service credit. 243
9 AT-WILL EMPLOYMENT STATUS AND SEVERANCE PAY:

A. Nature of Employment. Employee expressly agrees that the employment relationship is “at will” and that Employee serves at the will and pleasure of the City Manager. Nothing in this Agreement, any Resolution, Statute, Ordinance, Rule, or Policy shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the services of Employee at any time without cause or right of notice, Skelly conference, hearing, appeal or grievance. Employee waives any rights to the contrary, including but not limited to those set forth in Fontana Municipal Code Sections 20-31 and 20-32.

B. By the Employee. The Employee will give written notice to the City Manager and shall endeavor to give two (2) weeks’ prior notice. The City shall have the complete discretion to terminate the Employee any time prior to the end of such notice period, provided the City pays the Employee all compensation due and owing through the last day actually worked, plus an amount equal to the base salary the Employee would have earned through the remainder of the notice period.

C. By the City, Without Cause. At any time, the City may terminate the Employee’s employment for any reason without cause. In the event the City exercises its right under this provision to terminate employment without cause, the Employee will be entitled to one of the following two options, at the City’s discretion: (1) nine (9) months’ notice of termination of employment; or, or, (2) a combination of notice of termination of employment and salary in lieu of notice of termination of employment, not to exceed a total of nine (9) months or an amount equivalent to the remainder of the term of this Agreement pursuant to the requirements of Government Code § 53260, whichever is less.

Further, per Government Code sections 53243 to 53243.4, if Employee is convicted of a crime involving an abuse of their office or position, whether before or after release from employment, Employee shall fully reimburse the City for any severance pay, paid leave salary disbursed pending an investigation related to the crime, or legal criminal defense funds relevant to the crime.

A. By the City, For Cause. At any time, and without prior notice, the City may terminate Employee for Cause (as defined below). The City shall pay Employee all compensation then due and owing; thereafter, all of the City’s obligations under this Agreement shall cease. Termination shall be for “cause” if Employee: (1) acts in bad faith and to the detriment of the City; (2) refuses or fails to act in accordance with any specific direction or order of the City; (3) exhibits in regard to their employment unfitness or unavailability for service, misconduct, dishonesty, habitual neglect, or incompetence; (4) is convicted of a crime involving dishonesty, breach of trust, or physical or emotional harm to any person; or (5) failure to adhere to the authority of a municipal code. Any dispute between the City Manager and Employee regarding whether the Employee’s conduct constitutes cause for termination shall be resolved conclusively by the City Council, in its discretion, without right of appeal.

DISCIPLINARY ACTION APPEAL PROCEDURE CONSISTING OF A WRITTEN REPRIMAND OR LESS (CHIEF OF POLICE):

The following Appeal procedure will be utilized by the Chief of Police for the purpose of appealing disciplinary action consisting of a Written Reprimand or less. This will be the 244
10 sole and exclusive procedure afforded to the Chief for appealing disciplinary action consisting of a Written Reprimand or less.

The Chief having received a disciplinary action consisting of a Written Reprimand or less will be entitled to the following appeal procedure pursuant to the Public Safety Officers Procedural Bill of Rights Act at California Government Code § 3304(b) and 3304.5.

Within five (5) workdays of the time the written or verbal reprimand is issued, the Chief will be entitled to a non-evidentiary meeting with the City Manager. The purpose of this administrative appeal is to afford the Chief an opportunity to be heard by the City Manager as to why the Chief believes the discipline should be revoked or modified. The Chief may be heard verbally or in writing. The City Manager will have 10 workdays to respond to the Chief. If the City Manager does not respond within 10 workdays from the date of the administrative appeal to respond to the employee, the original disciplinary action will be deemed unchanged.

The determination of the City Manager will be final, binding and conclusive. There will be no other administrative method to appeal the determination of the City Manager. 245
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Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1573 Agenda Date: 7/26/2022
Agenda #: U. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Prohousing Designation Program Application
RECOMMENDATION:

Adopt Resolution No. 2022-082, a Resolution of the City Council of the City of Fontana authorizing application to, and participation in, the Prohousing Designation Program.

Authorize the City Manager to execute any documents necessary or appropriate as required for application to and participation in the program.

COUNCIL GOALS:
· To practice sound fiscal management by living within our means while investing in the future. · 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.

DISCUSSION:

Purpose
The Prohousing Designation Program provides incentives to cities and counties in the form of additional points or other preference in the scoring of competitive housing, community development and infrastructure programs. Prohousing communities are prioritized for funding by the Transit and Intercity Rail Capital Program (TIRCP), Affordable Housing and Sustainable Communities (AHSC), Infill Infrastructure Grant (IIG), and Transformative Climate Communities (TCC) programs.

Analysis
Awarding of the designation is considered “over the counter” and is not a competitive process. Any jurisdiction that meets the threshold criteria could potentially be awarded the Prohousing Designation.

Applicants are required to demonstrate that policies that significantly contribute to the acceleration of housing production have been enacted or are proposed to be enacted. The scoring criteria are separated into four (4) categories:

1. Favorable Zoning and Land Use

2. Acceleration of Housing Production Timeframes

3. Reduction of Construction and Development Costs
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Agenda #: U. Category: Consent Calendar

4. Providing Financial Subsidies
Applicants are required to score points in each of the four (4) categories.

FISCAL IMPACT:

None
MOTION:

Approve staff recommendation
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ATTACHMENT NO. 1
RESOLUTION NO. 2022-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FONTANA, AUTHORIZING APPLICATION TO AND

PARTICIPATION IN THE PROHOUSING DESIGNATION

PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City Council of the City of Fontana (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).

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

Section No. 1. The City Manager or Deputy City Manager is hereby authorized and directed to submit an Application to the Department.

Section No. 2. In connection with the Program, if the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

Section No. 3. The Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.
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Section No. 4. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

Section No. 5. The City Manager and/or the Deputy City Manager are authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

THE FOREGOING RESOLUTION IS APPROVED AND ADOPTED by the City Council of the City of Fontana this 26th day of July 2022.

ATTEST:

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 City Council at a regular meeting thereof, held on July 26, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

City Clerk of the City of Fontana
Mayor of the City of Fontana
249
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1599 Agenda Date: 7/26/2022
Agenda #: V. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Adoption of a Resolution Authorizing Acceptance of Certain Property and Execution of an Open Space Agreement
RECOMMENDATION:

Approve Resolution No. 2022-083, A Resolution of the City Council of the City of Fontana, California, Approving Acceptance of the Grant Deed from the IDIL West Valley Logistics Center, LP (“WVLC”) of the Property Identified and Depicted in Exhibits A and B to this Resolution, and Execution of the Covenant and Agreement Regarding Open Space and Reimbursement Agreement (“Open Space Agreement”) between WVLC, West Valley Logistics Center Owner’s Association (“OA”) and the City, and Further Authorizing the City Manager to Enter into any and all other Documentation in Furtherance of the City’s Approval Contained Herein, and Finding the Same Exempt from CEQA COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
· To increase citizen involvement by promoting healthy lifestyle opportunities to Fontana residents of all ages.
· 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:

On March 12, 2019, the City Council of the City of Fontana approved Ordinance Nos. 1800, 1801, 1802 and Resolution Nos.2019-039, 2019-040 and 2019-041 pertaining to the West Valley Logistics Center (the “Project). The approved Project consisted of 291.31 acres of property to be developed.

Of those 291.31 acres, mitigation measures contained in the West Valley Logistics Specific Plan’s Environmental Impact Report (EIR) required approximately 55.23 acres to be preserved as “open space,” and of which a minimum of 16 acres to be restored to establish Riversian Sage Scrub. These requirements ensure that the Project provides compensatory mitigation for impacts associated with City of Fontana Page 1 of 2 Printed on 7/21/2022
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the Project uses.

The applicant (now IDIL West Valley Logistics Center, LP, or “WVLC”) reached out to the City with their desire to provide approximately 70 acres to include the 55.34 acres of open space and 16 acres of land aimed at restoration of the Riversidian Sage Scrub (“Property”) as a dedication of land to the City. The Project would continue to require compliance with the EIR’s mitigation measures. WVLC would agree to ensure the long-term maintenance of the Property, in perpetuity, with agreement that the Property’s use will be limited to open space, as defined. This would be accomplished by execution of a covenant and open space and reimbursement agreement (“Open Space Agreement”) with WVLC, the West Valley Logistics Center Owner’s Association, Inc. (“OA”), a newly created entity of owners in the adjacent Project area, and the City.

The Open Space Agreement would include obligations for each party; in particular, as noted above, mitigation measures continue to be required, as required by the EIR and as provided in the Habitat Restoration and Monitoring Plan and Long-Term Management Plan (“HRMP”) and provides that the City is to be reimbursed for any and all expenses related to maintenance of the Property. The obligations set forth in the Open Space Agreement will be covenants on the Property. The Property will be dedicated, by grant deed, in fee, to the City.

FISCAL IMPACT:

None
MOTION:

Adopt Resolution No. 2022- ___ approving acceptance of the Property and execution of the Open Space Agreement.

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RESOLUTION NO. 2022-___

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

CALIFORNIA, APPROVING ACCEPTANCE OF THE GRANT DEED FROM THE IDIL WEST VALLEY LOGISTICS CENTER, LP (“WVLC”) OF THE

PROPERTY IDENTIFIED AND DEPICTED IN EXHIBIT A AND B TO THIS

RESOLUTION, AND EXECUTION OF THE COVENANT AND AGREEMENT REGARDING OPEN SPACE AND REIMBURSEMENT AGREEMENT (“OPEN SPACE AGREEMENT”) BETWEEN WVLC, WEST VALLEY LOGISTICS
CENTER OWNERS’ ASSOCIATION, INC. (“OA”) AND THE CITY, AND

FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY AND

ALL OTHER DOCUMENTATION IN FURTHERANCE OF THE CITY
COUNCIL’S APPROVAL CONTAINED HEREIN, AND FINDING THE SAME

EXEMPT FROM CEQA
WHEREAS, on March 12, 2019, following application for a project consisting of approximately 291.31 acres of industrial uses, known as the “West Valley Logistics Center filed on or about November of 2011, the City of Fontana (the “City”) adopted Resolution No. 2019-039 certifying an Environmental Impact Report (SCH # 2012071058) for the West Valley Logistics Center Specific Plan (“EIR”); adopting environmental findings pursuant to the California Environmental Quality Act; and adopting a statement of overriding considerations and a mitigation monitoring and reporting program;
WHEREAS, on March 12, 2019 and March 26, 2019 the City adopted and approved Ordinance Nos. 1800, 1801 and 1802 and Resolution Nos. 2019-040 and 2019-041 approving, among other actions, a Zone Change, Specific Plan Amendment, and a Development Agreement for the West Valley Logistics Center project; and WHEREAS, WVLC desires to irrevocably dedicate and convey title in fee to the City (“Grant Deed”) that real property of approximately 70 acres, more fully described in Exhibit A (“Legal Description”) and depicted in Exhibit B (“Depiction”)(“Property”), incorporated herein by this reference; and
WHEREAS, in conjunction with the acceptance of the Grant Deed for the Property, City, WVLC and the OA (a non-profit entity formed on or about February 15, 2022, under the laws of the State of Georgia) desire to enter into that Covenant and Agreement Regarding Open Space and Reimbursement (“Open Space Agreement”), setting forth certain obligations (covenants) including, but not limited to, prohibitions on the current and future uses of the Property and reimbursement of costs and expenses that may be incurred by the City, in perpetuity, for maintenance of the Property; and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and
WHEREAS, staff evaluated the proposed Open Space Agreement in light of the standards for subsequent environmental review outlined in Public Resources Code section 252
Resolution No. 2022-____
21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA; and
WHEREAS, based on that evaluation, staff concluded that the EIR fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the Open Space Agreement, and therefore, no subsequent EIR or mitigated negative declaration is required; and
WHEREAS, staff has determined that acceptance of the Grant Deed for the Property is in the best interests of the City and its residents, in order to ensure that certain environmental requirements are met and that the Property is maintained in a clean, safe, and appropriate condition, for the benefit of residents, visitors and others; WHEREAS, all legal prerequisites for acceptance of the Grant Deed and the adoption of this Resolution have occurred, including, but not limited to, a determination of General Plan consistency made by the Planning Commission under Government Code Section 65402; and WHEREAS, the City Council now wishes to approve acceptance of the Grant Deed and execution of the Open Space Agreement and, if required, authorizing the City Manager to enter into any and all other documentation in furtherance of the City Council’s approval.

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

Section 1: The above Recitals are true and correct and by this reference incorporated herein.

Section 2: The City Council hereby approves and authorizes the acceptance of the Grant Deed from the WVLC irrevocably dedicating the Property in fee to the City.

Section 3. The City Council also hereby approves and authorizes execution of the Covenant and Agreement Regarding Open Space and Reimbursement (“Open Space Agreement”) between the WVLC, the West Valley Logistic Center Owners’ Association, Inc. (“OA”) and the City, attached and incorporated herein by this reference as Exhibit C, with any minor, technical changes as may be approved by the City Attorney.

Section 4: The City Manager is further authorized to execute any and all documents necessary to consummate acceptance of the Grant Deed and execution of the Open Space Agreement on behalf of the City.

Section 5: Compliance with California Environmental Quality Act. As the decisionmaking body for the Project, the City Council has reviewed and considered the EIR, any oral or written comments received, and the administrative record prior to making any decision on the Open Space Agreement. The City Council finds that the EIR contains a complete and accurate reporting of all of the environmental impacts associated with the Open Space Agreement.

Section 6. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the EIR, and all related information presented to the City Council, the Council finds 253
Resolution No. 2022-____
that the Open Space Agreement does not necessitate any modifications to the EIR. Therefore, the City Council further finds that the preparation of a subsequent or supplemental EIR is not required for the Open Space Agreement because it:

A. will not result in substantial changes that would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and B. will not result in substantial changes with respect to the circumstances under which the Open Space Agreement are developed that would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and C. does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR documents were certified showing any of the following:
(i) the Open Space Agreement would have one or more significant effects not discussed in the EIR;
(ii) that significant effects previously examined would be substantially more severe than shown in the EIR;
(iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; and
(iv) that mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.

Section 7. Findings on Environmental Impacts. The Council finds that all environmental impacts of the Open Space Agreement have been addressed within the EIR.

The City Council finds that no new or additional mitigation measures or alternatives are required. It further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Open Space Agreement may result in any significant environmental impacts beyond those analyzed in the EIR.

Section 8: If any section, subsection, clause or phrase in this Resolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this resolution or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid. 254
Resolution No. 2022-____
APPROVED AND ADOPTED on this 26th day of July, 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 Council at a regular meeting on the 26 th of July,
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
255
Exhibit “A”
Legal Description
256
Exhibit B
Depiction
257
Exhibit C
Open Space Agreement
258
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260
261
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EXHIBIT “B-1”
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EXHIBIT “B-1”

DEPICTION OF OPEN SPACE AREA
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NO. 9123
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

IDIL West Valley Logistics Center, LP
c/o John Condas
Allen Matkins Leck Gamble Mallory & Natsis
LLP
2010 Main Street, 8th floor
Irvine, CA 92614

COVENANT AND AGREEMENT REGARDING OPEN SPACE DEDICATION AND

REIMBURSEMENT
This COVENANT AND AGREEMENT REGARDING OPEN SPACE DEDICATION AND REIMBURSEMENT (“Open Space Agreement”) is made this [day] of [month]_, 2022 by IDIL WEST VALLEY LOGISTICS CENTER, LP, a Delaware limited partnership (“Grantor”), the CITY OF FONTANA, a municipal corporation of the State of California (“Grantee”), and the WEST VALLEY LOGISTICS CENTER OWNERS’ ASSOCIATION, INC. (“OA”).

RECITALS
A. Grantor is the sole owner in fee simple of real property containing approximately

71.27 acres, located within all or a portion of Assessors’ Parcel Numbers 0194-401-04, 0194-401- 05, 0194-401-09, 0256-131-05, 0256-131-11, 0256-131-12, 0256-131-13, 0256-131-14, 0256- 131-15, 0256-014-36, 0256-014-38, 0256-014-39, 0256-014-41 (the West Valley Logistics Center “Property”). The Property is legally described on Exhibit “A” attached hereto and incorporated by this reference.

B. On March 26, 2019, Grantee approved Ordinance Nos. 1800, 1801, and 1802 approving Specific Plan Amendment No. 11-003 which created the West Valley Logistics Specific Plan.

C. On March 12, 2019, in accordance with the requirements of the California Environmental Quality Act, Grantee certified the West Valley Logistics Environmental Impact Report together with its mitigation and monitoring plan and statement of overriding considerations.

D. The West Valley Logistic Specific Plan and West Valley Logistic Environmental Impact Report (collectively “City Requirements”) contain mitigation measures/specific plan requirements BIO-1 through BIO-7, and SP-B-1 through SP-B-3 which require, amongst other items, preservation of a minimum of 55.23 acres of the Open Space Area as natural open space, of which a minimum of 16 acres shall be restored to establish Riversidean Sage Scrub (“RSS”) habitat. The City Requirements’ mitigation measures/specific plan requirements are attached hereto as Exhibit “G.”
E. Grantor intends to grant to Grantee, as open space, a 68.90-acre portion of the Property legally described on Exhibit “B-1” and depicted on Exhibit “B-2” attached hereto and 271
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incorporated by this reference (the “Open Space Area”). The proposed Grant Deed is attached hereto as Exhibit “F.”
F. The Open Space Area provides, among other things, compensatory mitigation for impacts associated with Grantor’s West Valley Logistics Center industrial development project (“Project”) pursuant to requirements of the City Requirements, the terms and requirements of which are hereby incorporated by reference.

G. Contained within the Open Space Area will be a minimum of 21.20 acres of RSS Habitat which will be restored by Grantor and the OA. This 21.20 acres of RSS Habitat is depicted on Exhibit “B-2”. The 21.20 acres of RSS Habitat is intended to satisfy the 16-acre RSS restoration requirements contained within the City Requirements. Grantee’s execution of this Open Space Agreement constitutes Grantee’s confirmation that the provision of a minimum of

21.20 acres of RSS Habitat satisfies the 16-acre RSS restoration requirements contained in the City Requirements.

H. Grantor and Grantee desire that the Open Space Area be maintained in the manner described herein; although Grantee is willing and able to accept conveyance of the Open Space Area, it is expressly understood and agreed that Grantee does not have the resources to restore, maintain and take all other actions reasonable and incidental to ownership of the Open Space Area in fee and that Grantor is expressly willing and able to provide those resources on an ongoing, long-term basis, in perpetuity, in the manner described herein; I. To be recorded before, or concurrently with, the recordation of this Open Space Agreement are the Declaration of Protective Covenants, Conditions, Restrictions, Reservations and Easements for West Valley Logistics Center (“CCRs”) made by Grantor for purposes enumerated in those CCRs [dated ____- and filed______]; J. This Open Space Agreement and associated Grant Deed is designed to ensure open space and restoration requirements contained within the City requirements are met and, further, to memorialize the ongoing, long-term provision of funding to Grantee for the restoration and maintenance in perpetuity of the Open Space area . Nothing in this Open Space Agreement is intended to conflict with those mitigation measures and permitting requirements provided within the City Requirements. Additional clearances, permits, and/or approvals (collectively “Agency Approvals”) may be required by the Santa Ana Regional Water Quality Control Board (“SARWQCB”), and California Department of Fish and Wildlife (“Department”). The SARWQCB and Department are sometimes referred to herein as an “Agency” and collectively the “Agencies.”
K. Consistent with the terms and conditions of this Open Space Agreement, the Open Space Area is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological values as required by mitigation measures/specific plan requirements BIO-1 through BIO-7, and SP-B-1 through SP-B3 described in the City Requirements. These City requirements include a requirement to restore

5.2 acres of land with RSS Habitat immediately following the construction of a water pipeline. (collectively, “Conservation Values”). Portions of the Open Space Area will not be subject to the Conservation Values (“Unrestricted Open Space”), and may be used for other open space 272
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purposes, as set forth herein. The Unrestricted Open Space is depicted in Exhibit “B-2”. All provisions in this Open Space Agreement regarding (i) the need to comply with the “Conservation Values”, or (ii) the need to maintain and preserve the Open Space Area in a “Natural Condition” do not apply to the Unrestricted Open Space.

L. Grantor has created the OA, which is obligated to undertake all maintenance and restoration obligations specified in this Open Space Agreement, to insure that all of the Conservation Values will be achieved and maintained and that ongoing, long-term resources are provided to Grantee, in perpetuity and which is also designated as the not-for-profit corporation with powers and responsibilities under the CCRs.

M. SARWQCB is the regional agency charged with protecting the quality of waters by formulating and adopting water quality plans for specific ground or surface water bodies and by prescribing and enforcing requirements on domestic and water discharges pursuant to Section 401 of the Clean Water Act and Section 13260 of the State of California Water Code.

N. The Department is the State agency charged with regulatory authority over conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species pursuant to Section 1602 of the California Fish and Game Code.

COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS

1. Open Space Agreement. In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, Grantor agrees (i) to voluntarily grant and convey to Grantee and its successors or assigns, as appropriate, fee simple absolute title in perpetuity over the Open Space Area of the nature and character and to the extent hereinafter set forth, as described in the Grant Deed attached hereto as Exhibit “F”; and (ii) to include in the CCRs an express covenant that owners of each Site (defined in the CCRs) are directly liable to Grantee for any breach of this Open Space Agreement by Grantor or OA and that Grantee may maintain a private right of action, in law or equity, to enforce this Open Space Agreement against each Site (defined the CCRs) owner. This Open Space Agreement shall run with the land and be binding on Grantor’s successors and assigns, and other occupiers or users of the Open Space Area or any portion of it. All references herein to “Grantor” shall mean and refer to Grantor, and its successors and assigns; and all references herein to “Grantee” shall mean and refer to Grantee, and its successors and assigns.
(a) Purpose. The purpose of this Open Space Agreement is to ensure the Open Space Area, aside from the Unrestricted Open Space, will be managed and preserved in a Natural Condition, as defined herein, in perpetuity and to prevent any use of the Open Space Area that will materially impair or interfere with the Conservation Values of the Open Space Area, and to define responsibilities between all parties to the Open Space Agreement (the “Purpose”) and including continuing requirements upon OA for costs and fees associated with restoration and maintenance, including, without limitation, those related to any permitting for the Open Space Area and those duties contained in Section 5 of this Agreement. The term “Natural Condition” shall mean the condition of the Open Space Area, not including the Unrestricted Open Space, as it exists at the time this Open Space Agreement is executed, as well as future enhancements or changes to the 273
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Open Space Area that occur directly as a result of: (i) activities described in Sections 4-7 herein including restoration; and (ii) changes occurring over time not caused by a violation of this Open Space Agreement. If a controversy arises with respect to the present Natural Condition of the Open Space Area, Grantor or Grantee, shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy.
(b) Grantor’s Representations. To Grantor’s actual knowledge, Grantor represents and warrants that there are no structures or improvements existing on the Open Space Area as of the date hereof. Grantor further represents and warrants that to Grantor’s actual knowledge there are no other previously granted easements existing on the Open Space Area that interfere or conflict with the Purpose of this Open Space Agreement as evidenced by the Title Report(s) attached at Exhibit “C”. The present Natural Condition is evidenced in part by the depiction of the Open Space Area attached on Exhibit “D”, Grantor has delivered further evidence of the present Natural Condition to Grantee consisting of (1) a color aerial photograph of the Open Space Area at an appropriate scale taken as close in time as possible to the date this Open Space Agreement is executed; (2) on-site color photographs showing all man-made improvements or structures (if any) and the major, distinct natural features of the Open Space Area. “Grantor’s actual knowledge” shall mean the present, actual, personal knowledge of Stephen Hollis, Grantor’s Vice President of Construction.

2. Grantee’s Rights. Grantee may, but is expressly not required to, exercise any and all rights associated with and incidental to property ownership in fee, except as may be limited by this Open Space Agreement. Notwithstanding the foregoing, to accomplish the Purpose of this Open Space Agreement, Grantor and Grantee agree that Grantee will possess the following rights and assume only the following delineated obligations pursuant to the grant of the Open Space Area:
(a) Protect Conservation Values. The right to take all action as may be necessary in order to preserve and protect the Conservation Values of the Open Space Area; (b) Enforcement. To prevent any activity on or use of the Open Space Area that is inconsistent with the Purpose of this Open Space Agreement. Such right of enforcement shall include the right to enforcement by any means, including, without limitation, injunctive relief.

Nothing contained herein shall obligate Grantee to undertake an enforcement action; and (c) Appurtenant Rights. All mineral, air, and water rights necessary to protect and to sustain the biological resources of the Open Space Area, provided that any exercise of such rights by Grantee shall not result in conflict with such Conservation Values.

3. Prohibited Uses. No use shall be made of the Open Space Area, and no activity thereon shall be permitted that is, or is likely to become inconsistent, with the City Requirements or the Purpose of this Open Space Area . Without limiting the generality of the foregoing, the following uses are expressly prohibited on the Open Space Area, excluding the Unrestricted Open Space:
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(a) Un-seasonable Watering. Un-seasonable or supplemental watering, except for permissible habitat enhancement activities and as necessary for preventative and emergency fire prevention;
(b) Chemicals. Use of herbicides, pesticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except in connection with permissible weed abatement activities necessary to control or remove invasive or exotic plant species or as allowed in the LTMP (defined below);
(c) Removal of Vegetation. Removing, destroying, or cutting of trees, shrubs or other vegetation, except: (i) as may be necessary to prevent or treat disease, (ii) to control invasive species which threaten the Conservation Values, (iii) as may be necessary to maintain recreational trails, (iv) pursuant to or consistent with the LTMP, and (v) to the extent required by the fire department as fire preventative measures and/or to protect structures and other improvements from encroaching fire, including (1) a firebreak (defined as a strip of plowed or cleared land made to check the spread of a fire), or (2) the trimming or removal of brush; (d) Off-Road Vehicles. The use of any off-road motorized vehicle, except (i) on existing roadways, or (ii) as may be necessary to implement activities under the LTMP; (e) Agricultural Uses. Grazing or other agricultural activity of any kind, except for grazing for purposes of weed control and habitat enhancement; (f) Recreational Activities. Recreational activities including, but not limited to, horseback riding, biking, paved public trails, hunting or fishing; (g) Subdivision. Any legal or de facto division, subdivision or partitioning of the Open Space Area;
(h) Construction. Construction of any structure or improvement including but not limited to, buildings, maintenance access roads, drainage facilities, walls or future easements, except for signage that indicates “Natural Area Open Space,” “Protected Natural Area,” or similar descriptions that inform persons of the nature and restrictions on the Open Space Area.

Construction of any facilities outside of, but in close proximity to the Open Space Area shall be sited in a manner to minimize, to the extent feasible, any indirect impacts to the Conservation Values;
(i) Dumping. Dumping soil, trash, ashes, refuse, waste, bio-solids, garbage or any other material;
(j) Planting. Planting, gardening, or introduction or dispersal of non-native plant or animal species;
(k) Mining. Excavating, dredging, mining, drilling, removing, or exploring for or extraction of minerals, loam, gravel, soil, rock, sand, or other material on or below the surface of the Open Space Area;
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(l) Alteration of Topography. Altering the general topography of the Open Space Area, or altering any natural watercourse, except for topographic or surface elevation alterations consistent with the terms and conditions of the Agency Approvals or LTMP; (m) Transfer of Appurtenant Rights. Any transfer of mineral or water rights that are appurtenant to the Open Space Area; or
(n) Other Incompatible Uses. Any and all other activities and uses which Grantee determines may adversely affect the purpose of this Open Space Agreement.

Grantor and Grantee acknowledge that, in view of the perpetual nature of this Open Space Agreement, they are unable to foresee all potential future land uses, future technologies, and future evolution of the land and other natural resources, and other future occurrences affecting the Purpose of this Open Space Agreement. Grantee shall have the right to determine whether any proposed use or improvement is consistent with the Purpose of this Open Space Agreement.

4. Grantor’s Duties. Grantor shall perform all initial work as described in the “Habitat Restoration and Monitoring Plan and Long-Term Management Plan for Impacts Associated with the West Valley Logistics Center Development Project” prepared by Glenn Lukos Associates, Inc. and dated May 2022, attached hereto as Exhibit “E” (“LTMP”) prepared by Glenn Lukos Associates, the terms of which are hereby incorporated by reference. If obligations specified in this Agreement require permits or clearances by or from Agencies or other governmental entities, including, but not limited to, the United States Army Corps of Engineers, Grantor shall be responsible for obtaining said permitting or clearances, as further described herein. Upon Grantor’s conveyance of the Property to the OA, Grantor’s obligations specified in this Section 4 shall be assumed by the OA, and Grantor shall be released from the obligations specified in this Section 4.

5. OA’s Duties. OA, its successors and assigns shall be responsible for the following, with review and approval by Grantee:
(a) City Sign Off. Undertake all obligations, other than Grantor’s obligations specified in Section 4 of this Open Space Agreement, pursuant to the City Regulations and complete the habitat restoration described in the LTMP; this obligation is continuing and nontransferable, and shall be the obligation of OA. OA shall provide Grantee with copies of all its reports required in the LTMP;
(b) Non-Native Plant Species Removal. OA shall regularly control all nonnative invasive annual and perennial weed species, pursuant to the LTMP’s performance standards, the terms of which are hereby incorporated by reference; (c) Restoration. Restoration of such areas or features of the Open Space Area that may be damaged by any action or any use that is inconsistent with the Purpose of this Open Space Agreement;
(d) LTMP Implementation. Implement the activities identified or described as to be performed by the OA or “land manager” under the LTMP; 276
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(e) Adaptive Management. OA or Grantee may initiate adaptive management activities within the Open Space Area pursuant to the LTMP; (f) Trespassing. In coordination with Grantee, undertake all reasonable actions to deter the unlawful entry and trespass onto the Open Space Area using all reasonable methods available to OA;
(g) Signage. Prior to conveyance of the Open Space Area, OA shall install signage indicating “Natural Area Open Space”, “Protected Natural Area”, or similar description.

OA shall replace any missing or damaged signs on an annual basis at its sole cost; (h) Fencing and Access. OA shall install and maintain perimeter fencing around the Open Space Area and provide Grantee with legal access. OA shall notify and coordinate with Grantee regarding requested access by any public agency or private entity. OA shall provide Grantee with a set of reproducible keys to any gates without charge. If the lock(s) to the gates are replaced, OA shall provide a new set of reproducible keys to Grantee without charge within seven (7) days of replacement of such lock(s). OA shall demonstrate that the fencing and/or natural barriers and signage shall be sufficient and adequate to protect the Open Space Area from unauthorized access in perpetuity;
(i) Trash Removal. OA shall, on a semi-annual basis, or more often, if so required by Grantee, remove trash and debris, as required by the LTMP; (j) Compliance Monitoring. To have legal access to enter upon the Open Space Area and Property at reasonable times in order to monitor compliance with the terms of this Open Space Agreement and LTMP; provided, that nothing contained herein shall be construed as granting the public any right of access to the Open Space Area, outside of the Unrestricted Open Space. Reports prepared in furtherance of compliance monitoring shall be made available for review and evaluation by Grantee;
(k) Cooperate with Grantee; Other Duties. OA shall cooperate with Grantee, its successors or assigns in the protection of the Conservation Values. OA shall retain responsibility for addressing any threats to the Open Space Area identified by Grantee, such as any water quality, trash, potential flooding, upstream detention basin maintenance, slope failure or storm drain damage which would impair the integrity and function of the restoration area and slopes within the Open Space Area during implementation of the LTMP and in perpetuity; (l) Application(s) for Required Permitting. Assuming that OA, rather than Grantor, processes all permits and clearances specified in this subsection, OA shall be responsible for application and submission of any and all permitting that may be required by Agencies or other governmental entities, including, but not limited to, the United States Army Corp of Engineers. Responsibilities associated with application and submission include, but are not limited to, the payment of application fees and costs and undertaking all tasks required by and for the applicable permit; and
(m) Other Improvements. In coordination with Grantee and in a manner consistent with this Open Space Agreement, OA shall assume responsibility for all long-term maintenance of other improvements if present within the Open Space Area or which directly impact the Open 277
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Space Area, including, but not limited to slope stabilization, v-ditches, basin inlets and outlets, erosion control, fencing, gates and public infrastructure. All maintenance activities for other improvements shall be restricted to the smallest area possible. Any restoration work that is required to the Open Space Area as a result of the other improvements, or the maintenance thereof, shall be OA’s responsibility pursuant to the provisions of Section 12(b) herein. OA shall provide Grantee at least two (2) weeks’ notice prior to any entry within the Open Space Area to maintain the other improvements.

6. Grantee’s Duties. Grantee shall annually, and, at other times in its sole and absolute discretion, visit the Open Space Area, excluding the Unrestricted Open Space, maintain records of such monitoring visits and, at its sole and absolute discretion, defend this Open Space Agreement in the event of a violation or challenge. All reasonable costs incurred by Grantee in undertaking these duties (including staff time and/or consultant fees, undertaking visits and/or preparation of records) will be subject to reimbursement by OA, pursuant to Section 7 below (Reimbursement for Grantee’s Costs). Grantee shall provide documentation to OA of all such costs as a precondition to Grantee’s receiving reimbursement.

7. Reimbursement for Grantee’s Costs. OA shall reimburse Grantee for any and all fees, costs and liabilities associated with Section 5 (OA Duties) and Section 6 (Grantee Duties), to the extent Grantee expends any funds to ensure compliance with this Section, and any other reasonable costs and expenses borne by Grantee by virtue of its ownership in fee of the Open Space Area, whether or not delineated herein. Costs to be reimbursed shall include Grantee’s staff time, based upon its standard hourly rate at the time of such violation and any independent third party consultants which Grantee retains.
(a) To assure Grantee that Grantee Costs will be covered, OA shall be required to provide Grantee with an advance in the amount of $25,000 (“Initial Advanced Amount”) which shall be maintained in a separate bank account, and from which Grantee shall have the right to draw down and pay itself (“Advanced Amount Account”), with documentation to be provided to OA no later than thirty (30) days prior to any draw. If no objection is made by OA within those thirty (30) days or if no other or additional funding is directly provided to Grantee by OA for Grantee Costs, Grantee shall draw down the requested amount. Grantor or OA shall provide the initial Advanced Amount within thirty (30) days from when Grantor conveys the Open Space Area to Grantee.
(b) Grantee may further use, apply or retain all or any portion of Advanced Amount Account for the payment of any expense obligations or other charge in default; or to reimburse or compensate Grantee for any liability, loss, cost, expense (including attorneys' fees) or damage which Grantee may suffer or incur by reason of OA or Grantor's breach or default of this Open Space Agreement.
(c) Annually, Grantee shall reconcile the prior year’s expenses, and provide an invoice to OA for the amount owed, if any. OA shall pay such amount within 30 days of invoice.

Upon such invoice, Grantee shall also provide an estimate of the Section 5 and 6 expenses it anticipates in the following year to the OA, and if such expenses have increased, OA shall deposit additional monies with Grantee as an increased deposit within the same 30 day period, so that the 278
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total amount of the deposit shall at all times bear the same ratio to the annual estimated Expense obligations as the initial deposit bears to the initial Expense obligations set forth above. (d) Grantee shall not be required to keep the Advanced Amount Account separate from its general accounts and OA shall not be entitled to any interest or other increment earned thereon. No part of the Advanced Amount Account shall be considered to be prepayment for any sums to be paid by OA under this Open Space Agreement. For so long as Grantee owns the property, the Advanced Amount Account shall be in force. No trust relationship is created herein between Grantee and OA with respect to the deposit. If OA fails to pay any such invoice or increased deposit, such past due amounts shall bear interest at the maximum legal interest rate or 10%, whichever is less.
(e) Should the Advanced Amount Account fall below fifty percent (50%) of the initial or current Advanced Amount, as applicable, Grantee shall make a demand to OA to fund the account to the return to the initial Advanced Amount. Within thirty (30) days of the receipt of a demand from Grantee, OA shall deposit such amount as necessary fund the Advance Amount Account. In the event that OA does not fund the Advance Amount Account as required by this Agreement, Grantee may pursue any and all available remedies, as provided for in (f). (f) In the event that Grantor and/or OA do not perform their respective duties under Sections 4 and 5 of this agreement, Grantee may pursue all legal remedies against OA or Grantor or their successors in interest (subsequent property owners), including the right to pursue said subsequent property owners and impose liens upon such property interests as provided in the CC&Rs dated ____ and recorded ____ , to the extent not prohibited by law. (g) Notwithstanding any other remedies provided in this Open Space Agreement or any other provisions contained in the CCRs, Grantor and/or OA agree that Grantee shall be entitled to seek a preliminary injunction or other equitable remedy to require the OA: (i) to pay any and all costs and expenses required by this Open Space Agreement, whether or not Grantor or OA has received assessments due and payable by each Site (defined in CCRs) owner for payment of costs and expenses due under this Open Space Agreement; (ii) to compel payment of assessments under its statutory right of assessment against any Site (defined in CCRs) owner for all costs and expenses required by this Open Space Agreement; and (iii) to file a lien against some or all Sites (defined in the CCRs), no later than thirty (30) days from the Grantee’s request for exercise of OA rights.

8. Reserved Rights. Grantor and OA reserve the following rights, consistent with, the Purpose of this Open Space Agreement:
(a) Access. Reasonable access through the Open Space Area and Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Open Space Agreement, including Grantor’s obligations to perform initial work as specified in the LTMP;
(b) Habitat Enhancement Activities. Creation and enhancement of native plant communities not associated with LTMP activities, including the right to plant native trees and shrubs, for purposes of preventing erosion and reestablishing native vegetation, or to 279
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revegetate areas that may be damaged (whether by permitted activities or by the acts of persons wrongfully damaging the Natural Condition of the Open Space Area). Prior to any habitat enhancement activities not part of the LTMP, OA shall have a Biological Monitor (as hereinafter defined) submit detailed plans to Grantee for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Open Space Area or the Purpose of this Open Space Agreement and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements. The term “Biological Monitor” shall mean a qualified third party consultant approved by Grantee, with successful habitat restoration experience and knowledge of resources in the County in which the Property is located, and expertise in the field of biology or a related field. Grantee may, in its sole discretion, choose to retain an independent biologist to review all documentation prepared by the Biological Monitor. OA shall be responsible to reimburse Grantee for staff cost associated with review and determination as to whether to retain an independent biologist and all such costs incurred by the independent biologist. Grantee shall provide documentation to OA as a precondition to reimbursement;
(c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species; provided that any such activities shall be undertaken only after obtaining Grantee’s approval, based upon detailed plans submitted to Grantee. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Open Space Area or the Purpose of this Open Space Agreement and shall be performed in compliance with all applicable laws, regulations, and permitting requirements.

9. Enforcement.
(a) Notice of Violation. The term “Party” means Grantor, Grantee, or OA, as the case may be. In the event that a Party is in violation of the terms of this Open Space Agreement or in the event that a violation is threatened, the non-violating Party and/or third party beneficiaries may demand the cure of such violation. In such a case, the non-violating Party and/or third party beneficiaries shall issue a written notice to the violating Party (hereinafter “Notice of Violation”) informing the violating Party of the actual or threatened violations and demanding cure of such violations.
(b) Time to Cure. The violating Party shall cure the noticed violation within thirty (30) days of receipt of said written Notice of Violation. If said cure reasonably requires more than thirty (30) days, the violating Party shall, within the thirty (30) day period, submit to the non-violating Party and/or third party beneficiaries, as the case may be, for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan. If the violating Party disputes the Notice of Violation, it shall issue a written notice of such dispute (hereinafter “Notice of Dispute”) to the appropriate Party within thirty (30) days of receipt of written Notice of Violation. (c) Failure to Cure. If the violating Party fails to cure the violation within the time period(s) described in Section 9(b), above, or Section 9(d)(2), below, the non-violating Party 280
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and/or third party beneficiaries may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by the violating Party with the terms of this Open Space Agreement. In such action, the non-violating Party and/or third party beneficiaries may:
(i) Damages. Recover any damages to which they may be entitled for violation by the violating Party of the terms of this Open Space Agreement or for any injury to the Conservation Values of the Open Space Area. The non-violating Party shall first apply any damages recovered to the cost of undertaking any corrective action on the Open Space Area. Prior to implementation of any remedial or restorative actions pursuant to this paragraph, the Agencies shall be consulted.
(ii) Enjoin the Violation Enjoin the violation by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies.
(iii) Equitable Relief. Obtain other equitable relief, including, but not limited to, the restoration of the Open Space Area to the condition in which it existed prior to any such violation or injury. This remedy is expressly available notwithstanding the ability to claim damages as provided for in subdivision (i).
(d) Notice of Dispute.
(i) Meet and Confer. If the violating Party provides the non-violating Party and/or third party beneficiaries with a Notice of Dispute, as provided herein, the nonviolating Party and/or third party beneficiaries shall meet and confer with the violating Party at a mutually agreeable place and time, not to exceed thirty (30) days from the date that the nonviolating Party and/or third party beneficiaries receive the Notice of Dispute. The non-violating Party and/or third party beneficiaries shall consider all relevant information concerning the disputed violation provided by the violating Party and shall determine whether a violation has in fact occurred and, if so, whether the Notice of Violation and demand for cure issued by the nonviolating Party and/or third party beneficiaries is appropriate in light of the violation. (ii) Notice of Determination. If, after reviewing the violating Party’s Notice of Dispute, conferring with the violating Party, and considering all relevant information related to the violation, the non-violating Party and/or third party beneficiaries determine that a violation has occurred, the non-violating Party and/or third party beneficiaries shall give the violating party notice of such determination in writing. Upon receipt of such determination, the violating Party shall have fifteen (15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, the violating Party shall, within the fifteen (15) day period, submit to the non-violating Party and/or third party beneficiaries for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan.
(e) Conflicting Notices of Violation.
(i) Notice of Conflict. If any Party receives a Notice of Violation that is in material conflict with one or more prior written Notices of Violation that have not yet been cured by the Party (hereinafter “Active Notice(s) of Violation”) such that the conflict makes it 281
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impossible for the Party to carry out the cure consistent with all prior Active Notices of Violation, the Party shall give written notice (hereinafter “Notice of Conflict”) to the non-violating Party and/or third party beneficiaries issuing the later, conflicting Notice(s) of Violation. The Party shall issue said Notice of Conflict to the appropriate non-violating Party and/or third party beneficiaries within fifteen (15) days of the receipt of each such conflicting Notice of Violation. A valid Notice of Conflict shall describe the conflict with specificity, including a description of how the conflict makes compliance with all Active Notices of Violation impossible. (ii) Revised Notice of Violation. Upon issuing a valid Notice of Conflict to the appropriate non-violating Party and/or third party beneficiaries, as described above, the violating Party shall not be required to carry out the cure described in the conflicting Notice or Notices of Violation until such time as the non-violating Party responsible for said conflicting Notice(s) of Violation issue(s) a revised Notice of Violation that is consistent with prior Active Notices of Violation. Upon receipt of a revised, consistent Notice of Violation, the violating Party shall carry out the cure recommended in such notice within the time period(s) described in Section 9(b) above. Notwithstanding Section 9(f), failure to cure within said time period(s) shall entitle the non-violating Party to the remedies described in Section 9(c) and Section 9(g). (iii) Waiver of Notice of Conflict. The failure of the violating Party to issue a valid Notice of Conflict within thirty (30) days of receipt of a conflicting Notice of Violation shall result in a waiver of the violating Party’s ability to claim a conflict. (f) Immediate Action. In the event that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Open Space Area, the Party seeking enforcement pursuant to Section 9(a) above may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Open Space Agreement and state and federal law after giving the violating Party at least twenty four (24) hours’ written notice before pursuing such remedies. So long as such twenty-four (24) hours’ notice is given, the non-violating Party may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or Notice of Dispute as described in Section 9(b). The written notice pursuant to this paragraph may be transmitted to the violating Party by facsimile and shall be copied to the other Party. The rights of the non-violating Party and/or third party beneficiaries under this paragraph apply equally to actual or threatened violations of the terms of this Open Space Agreement. The violating Party agrees that the remedies at law for any violation of the terms of this Open Space Agreement are inadequate and that the non-violating Party and third party beneficiaries shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which they may be entitled, including specific performance of the terms of this Open Space Agreement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9(f) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive.
(g) Third Party Costs of Enforcement. Any out of pocket costs incurred by a Party in enforcing the terms of this Open Space Agreement against another Party, including, but not limited to, legal fees, costs of suit, and any costs of restoration necessitated by a Party’s 282
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violation or negligence under the terms of this Open Space Agreement shall be borne by the violating Party (“Enforcement Costs”).
(h) Enforcement Discretion. Enforcement of the terms of this Open Space Agreement by a Party shall be at the discretion of the Party, and any forbearance by such Party to exercise its rights under this Open Space Agreement in the event of any breach of any term of the Open Space Agreement by a Party or any subsequent transferee shall not be deemed or construed to be a waiver by the non-violating Party of such terms or of any subsequent breach of the same or any other term of this Open Space Agreement or of any of the rights of the non-violating Party under this Open Space Agreement. No delay or omission by the non-violating Party in the exercise of any right or remedy upon any breach by the violating Party shall impair such right or remedy or be construed as a waiver. Further, nothing in this Open Space Agreement creates a nondiscretionary duty upon the non-violating Party and/or third party beneficiaries to enforce its provisions, nor shall deviation from these terms and procedures, or failure to enforce its provisions give rise to a private right of action against the non-violating Party and/or third party beneficiaries by any third parties.
(i) Acts Beyond Grantor’s or OA’s Control. Nothing contained in this Open Space Agreement shall be construed to entitle or require Grantee to bring any action against Grantor or OA for any injury to or change in the Open Space Area resulting from:
(i) Natural Cause. Any natural cause beyond Grantor’s or OA’s control, including without limitation, fire not caused by Grantor or OA, flood, storm, drought, disease, pestilence, and earth movement;
(ii) Prudent Acts. Any prudent action taken by Grantor or OA under emergency conditions to prevent, abate, or mitigate significant injury to the Open Space Area resulting from such causes; provided that once the emergency has abated, Grantor or OA promptly takes all reasonable and necessary actions required to restore the Open Space Area to the condition it was in immediately prior to the emergency;
(iii) Third Parties. Acts by Grantee, an Agency or a third party that are beyond Grantor’s or OA’s control.

Notwithstanding the foregoing, Grantor or OA, as applicable, must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Open Space Agreement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. OA shall be responsible for taking all actions, at its sole expense, to restore the Open Space Area to the condition it was in immediately prior to the occurrence(s) specified in this Section 8(i).
(j) Acts Beyond Grantee’s Control. Nothing contained in this Open Space Agreement shall be construed to entitle Grantor or OA to bring any action against Grantee for any injury to or change in the Open Space Area resulting from:
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(i) Natural Cause. Any natural cause beyond Grantee’s control, including without limitation, fire not caused by Grantee, flood, storm, drought, disease, pestilence, and earth movement;
(ii) Prudent Acts. Any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate significant injury to the Open Space Area resulting from such causes, provided that once the emergency has abated, Grantee promptly takes all reasonable and necessary actions required to restore the Open Space Area to the condition it was in immediately prior to the emergency;
(iii) Third Parties. Acts by Grantor, OA, an Agency or a third party that are beyond Grantee’s control.

Notwithstanding the foregoing, if Grantee, rather than OA takes action pursuant to this Section 9(j), Grantee must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Open Space Agreement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.

10. Costs and Liabilities.
(a) OA Responsible. OA retains all responsibilities and shall bear all costs and liabilities of any kind related to the operation, upkeep, and maintenance of the Property (which includes the Open Space Area). OA agrees that Grantee shall have no duty or responsibility for the operation, upkeep, or maintenance of the Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third parties from risks relating to conditions on the Property. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Open Space Agreement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. (b) Indemnification. Grantor or OA shall hold harmless, indemnify, and defend Grantee, with counsel of Grantee’s choosing and at Grantor’s or OA’s expense, and its officers, officials, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively ‘‘Indemnified Parties’’) from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys’ fees arising from or in any way connected with (1) this Open Space Agreement, (2) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, except to the extent of the adjudicated proportionate fault of any of the Indemnified Parties. Grantor or OA shall reimburse the Indemnified Parties for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Grantor or OA shall also reimburse Indemnified Parties for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment attorney’s fees and costs, including expert witness fees. Grantor’s or OA’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be 284
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restricted to insurance proceeds, if any, received by the Indemnified Parties. Grantor’s obligations established in this section 10(b) shall automatically and permanently terminate upon Grantor’s conveyance of the Open Space Area to OA.

11. Subsequent Transfers.
(a) By Grantee. The Open Space Area is transferable by Grantee. Grantee shall record the assignment in the Official Records of the County in which the Property is located.

Upon any dissolution of Grantee, all of Grantee’s rights and obligations created in this Open Space Agreement shall automatically transfer to the County of San Bernardino. (b) By Grantor. The covenants, conditions, and restrictions contained in this Open Space Agreement are intended to and shall run with the land and bind all future owners of any interest in the Open Space Area. Grantor agrees to (i) incorporate by reference to the title of and the recording information for this Open Space Agreement in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Project, and (ii) give actual notice to any such transferee of the existence of this Open Space Agreement. The failure of Grantor to perform any act provided in this Section shall not impair the validity of this Open Space Agreement or limit its enforceability in any way.
(i) Automatic Assumption of Obligations. From and after the date of any transfer of interest by Grantor or OA under this Open Space Agreement and each transfer thereafter: (i) the transferee shall be deemed to have assumed all of the obligations of Grantor or OA, as appropriate, as set forth in this Open Space Agreement, (ii) the transferee shall be deemed to have accepted the restrictions contained herein, and (iii) all references to Grantor in this Open Space Agreement shall thereafter be deemed to refer to such transferee. The provisions of Section 11 shall apply to any transfer of ownership by Grantor of any portion of the Property or Project.

12. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be: (i) personally delivered, or (ii) sent by United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as any party may from time to time specify to the other parties in writing:

To Grantor: IDIL WEST VALLEY, LP
Attn: Stephen Hollis
840 Apollo Street, Suite 343
El Segundo, California 90245
To OA: WEST VALLEY OWNERS’ ASSOCIATION
[Address]
To Grantee: City of Fontana
Attn:
8353 Sierra Avenue
Fontana, California 92335
With a copy to: Best, Best & Krieger
Attn: Ruben Duran
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2855 E. Guasti Rd.

Ontario, CA 91761
Notices shall be deemed effective upon receipt or rejection only. Any party may change its address for purposes of giving notice by providing notice to the other party as required herein.

13. Restoration.
(a) OA Restoration. When OA is responsible for restoration activities, such restoration shall be conducted in compliance with pursuant to the LTMP. At Grantee’s option either: (i) OA shall undertake such restoration pursuant to the LTMP attached hereto as Exhibit “E”, and under Grantee’s supervision, or (ii) Grantee shall undertake the restoration. OA shall be responsible for any costs incurred by Grantee pursuant to either (i) or (ii), as herein provided.
(i) Grantee’s Costs. When OA is responsible for restoration activities, OA shall be responsible for reimbursing Grantee for all reasonable costs and expenses incurred by Grantee with respect to monitoring and evaluation restoration activities (“Grantee’s Costs”).

Grantee’s Costs shall include: (i) Grantee’s staff time (at its then billed rate), plus (ii) all out of pocket costs incurred by Grantee, including legal fees and fees of other consultants, including qualified biologists. Within thirty (30) days following any request by Grantee, OA shall pay to Grantee an estimated amount of Grantee’s Costs, which amount may be subject to an increase by Grantee, from time-to-time, to be paid from the Advanced Amount Account. Upon the completion of the monitoring and evaluation of the restoration, and after all of Grantee’s Costs have been paid, Grantee will refund to the Advanced Amount Account any remaining amounts paid to it by OA that were not required for payment of Grantee’s Costs.
(ii) Monitoring Report. Upon completion of restoration as specified in the LTMP, OA shall have a Biological Monitor prepare a detailed monitoring report, and OA shall make the report available to Grantee within thirty (30) days of completion of restoration activities. OA and the Biological Monitor shall sign the monitoring report. The monitoring report shall document the Biological Monitor’s name and affiliation, dates Biological Monitor was present on site, activities observed and their location, Biological Monitor’s observations regarding the adequacy of restoration performance in accordance with the approved LTMP, and corrections recommended and implemented. OA shall be responsible for compensating and/or reimbursing Biological Monitor and Grantee for all reasonable and ordinary expenses incurred by them in discharging their respective responsibilities under this subsection within thirty (30) days of invoice.

14. Recordation. Grantor shall promptly record this instrument in the official records of the County in which the Property is located.

15. Estoppel Certificate. Upon request, Grantor, Grantee or OA shall execute and deliver to the others, within fifteen (15) days of a request by either of them, an estoppel certificate, which certifies compliance with any obligation of the requesting party contained in this Open Space Agreement and otherwise evidences the status of this Open Space Agreement.

16. No Hazardous Materials Liability.
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(a) Grantor Representation. Grantor represents it is unaware of any release or threatened release of Hazardous Materials (defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the Property, or transported to or from or affecting the Property. (b) Release and Indemnity. Without limiting the obligations of Grantor herein, Grantor hereby releases and agrees to indemnify, protect, defend and hold harmless the Grantee against any and all Claims arising from or connected with any Hazardous Materials present, alleged to be present, or otherwise associated with the Property at any time, except that this release and indemnification shall be inapplicable to Grantee with respect to any Hazardous Materials placed, disposed or released by Grantee This release and indemnification includes, without limitation, Claims for (a) injury to or death of any person or physical damage to any property; and (b) the Grantor’s violation or alleged violation of, or other failure to comply with, any Environmental Laws (defined below).
(c) No Hazmat Liability. Despite any contrary provision of this Open Space Agreement, the parties do not intend this Open Space Agreement to be, and this Open Space Agreement shall not be, construed such that it creates in or gives Grantee, or any Agency of the following:
a. The obligations or liabilities of an “owner” or “operator,” as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, “CERCLA”); or b. The obligations or liabilities of a person described in 42 U.S.C.

Section 9607(a)(3) or (4); or
c. The obligations of a responsible person under any applicable Environmental Laws; or
d. The right to investigate and remediate any Hazardous Materials associated with the Property unless said investigation or remediation is related to the investigation or remediation of the Open Space Area; or
e. Any control over Grantor’s ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Property unless said investigation or remediation by Grantor is related to the Open Space Area.

The term “Hazardous Materials” includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA; Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable 287
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federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Open Space Agreement.

The term “Environmental Laws” includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Grantor and Grantee represent, warrant and covenant to each other and to the Agencies that Grantor and Grantee’s activities upon and use of the Open Space Area will comply with all Environmental Laws.

17. Amendment. Grantor, Grantee or OA may amend this Open Space Agreement only by mutual written agreement. Any such amendment shall be consistent with the Purpose of this Open Space Agreement and shall not affect its perpetual duration. Grantor shall record any amendments to this Open Space Agreement approved by Grantee in the Official Records of the County in which the Property is located, and shall provide a copy of the recorded document to Grantee.

18. General Provisions.
(a) Controlling Law. The laws of the United States and the State of California, disregarding the conflicts of law principles of such state, shall govern the interpretation and performance of this Open Space Agreement.
(b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Open Space Agreement shall be liberally construed in favor of and to effect the Purpose of this Open Space Agreement and the policy and purpose set forth in California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose of this Open Space Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Open Space Agreement, such action shall not affect the remainder of this Open Space Agreement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Open Space Agreement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Agreement. This instrument together with the attached exhibits and any documents referred to herein sets forth the entire agreement of the parties with respect to the Open Space Agreement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Open Space Agreement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 16. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor’s title in any respect.
(f) Successors and Assigns. The covenants, terms, conditions, and restrictions of this Open Space Agreement shall be binding upon, and inure to the benefit of, the parties hereto 288
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and their respective personal representatives, heirs, successors, and assigns and shall constitute a servitude running in perpetuity with the Open Space Area. (g) Termination of Rights and Obligations. A party’s rights and obligations under this Open Space Agreement shall terminate upon transfer of the party’s interest in the Open Space Agreement or Open Space Area (respectively), except that liability for acts or omissions occurring prior to transfer shall survive transfer.
(h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation.
(i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (i) Exhibits. All Exhibits referred to in this Open Space Agreement are attached and incorporated herein by reference.
(j) Extinguishment. If circumstances arise in the future that render the Purpose of this Open Space Agreement impossible to accomplish, this Open Space Agreement can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction.
(k) Warranty. Grantor represents and warrants that there are no outstanding mortgages, liens, deeds of trust, encumbrances or other interests in the Open Space Area (including, without limitation, mineral interests) which have not been expressly subordinated to this Open Space Agreement, and that the Open Space Area is not subject to any other Open Space Agreement.
[REMAINDER LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Open Space Agreement the day and year first above written and have agreed to be bound by the terms and provisions hereof.
“GRANTOR”

IDIL WEST VALLEY LOGISTICS CENTER, LP,
a Delaware limited liability company
By:

Name:

Its:

Date:

CERTIFICATE OF ACCEPTANCE
This is to certify that the Open Space Agreement granted hereby is accepted by City of Fontana.
“GRANTEE”

CITY OF FONTANA,
a California municipal corporation
By:

Name:

Its:

Date:
“OA”
IDIL WEST VALLEY LOGISTICS CENTER OWNERS’ ASSOCIATION, INC.

By:

Name:

Its:

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

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

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

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

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

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature_____________________________ (Seal)
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EXHIBIT “A”
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LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT “B-1”
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DEPICTION OF OPEN SPACE AREA
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EXHIBIT “C”
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TITLE REPORT
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LONG TERM MANAGEMENT PLAN
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EXHIBIT “F”
-1-
EXHIBIT “F”

GRANT DEED

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

IDIL West Valley, LLC
c/o John Condas
Allen Matkins Leck Gamble Mallory & Natsis
LLP
2010 Main Street, 8th floor
Irvine, CA 92614

GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, IDIL WEST VALLEY, LP, a Delaware limited partnership (“Grantor”), hereby grants to the CITY OF FONTANA, a municipal corporation of the State of California (“Grantee”), the following real property (the “Land”), for open space, located in the City of Fontana, County of Riverside, State of California:

SEE EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN BY THIS

REFERENCE
SUBJECT TO:

1. The terms and conditions of the Covenant and Agreement Regarding Open Space Agreement between Grantor, Grantee, and the WEST VALLEY OWNERS’ ASSOCIATION, which are incorporated herein by this reference.

2. All other covenants, conditions, restrictions, reservations, rights, rights-of-way, dedications, offers of dedication and easements of record or apparent.

3. All other matters which an inspection or survey of the Property would disclose, real property taxes, which are a lien but not yet due and all applicable laws and ordinances. [SIGNATURE PAGE FOLLOWS]
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-2-
IN WITNESS WHEREOF, this Grant Deed has been executed and delivered this _____ day of May, 2022.
“GRANTOR”

IDIL WEST VALLEY, LP,
a Delaware limited liability company
By:

Name:

Its:

Date:
“GRANTEE”

CITY OF FONTANA,
a California municipal corporation
By:

Name:

Its:

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

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature_____________________________ (Seal)
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EXHIBIT “F”
-4-

GRANT DEED EXHIBIT A

LEGAL DESCRIPTION
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EXHIBIT “G”
-1-
EXHIBIT “G”

MITIGATION MEASURES AND SPECIFIC PLAN REQUIREMENTS
387
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1589 Agenda Date: 7/26/2022
Agenda #: W. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

Authorization of the acceptance of $60,000 from California Governor’s Office of Emergency Services - High Frequency Communications Equipment Program.

RECOMMENDATION:

It is recommended that the Mayor and City Council accept funding in the amount of $60,000.

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:

In April of 2022, the City of Fontana applied for a High Frequency Communications Grant with the California Governor’s Office of Emergency Services (Cal OES) in the amount of $60,000. The City of Fontana was 1 of 100 applicants to receive the grant.

The grant is specifically for High Frequency radio spectrum to provide reliable communications with the State of California. This grant will provide the City of Fontana with communications equipment necessary to build out its Radio Room, an Emergency Operation Centers (EOC) essential function, which is in the City’s EOC.

Additional equipment purchased will also support mobile communications via the acquisition of a powerful long-range voice and data radio communications unit that will allow for portable deployment.

Grant funding will also fund equipment installation, site visits, voice and data training, and remote support. Since this grant is a reimbursable grant, the city will be provided funding after expenses have been incurred.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $60,000 and was not included in the fiscal year 2021-22 or 2022-23 budgets. The required budget adjustments will be included in the 2022-23 first quarter budget report.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/21/2022
powered by Legistar™388
Cal OES #
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FIPS # VS#

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET
Subaward #
The California Governo(s Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:

1. Subreclpient: City of Fontana Emergency Management Program la.DUNS#:058728630

2. Implementing Agency: City of Fontana 2a. DUNS#: ____________ _

3. Implementing Agency Address: 8353 Sierra Ave.
(Street)

4. Lacation of Project: Fontana
(City)
Fontana
(City)
San Bernardino
(County)
92335-6765
(Zip+4)
92335-6765

5. Disaster/Program Tille: FH - High Frequency Communications Equipment Program 6. Performance/ 41112022 Budget Period:--(s-,a�rt_D_a-te_) _
_
to
(Zip+4)
10/31/2023
(End Date)

7. Indirect Cost Rate: N/A Federally Approved ICR (if applicable): _______ % Item Grant Fund A. State B. Federal C. Total D. Cash Match E. In-Kind Match F. Total Match G. Total Cost Number Year Source

8. 2022 PSCl

9. Select Select

10. Select Select

11. Select Select

12. Select Select
Total Project Cost

13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, and the Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipienl certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees lo administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the Stale Budget.

14. CA Public Records Act- Grant applications are subject to the California Public Records Act, Government Code section 6250 et seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.

15. Official Authorized to Sign for Subrecipient:

Name: Robert Torres
Payment Mailing Address:

Signature:

16.Federal Employer ID Number: 956004770
ntle: Public Affairs Manager
City: fontana
(FOR Cal OES USE ONLY)
Date:

Zip Code+4: 92335-6765
--------------------- z. - 3 -- 2---2...

I hereby certify upon my personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. (Cal OES Fiscal Officer) (Dale) (Cal OES Director or Designee) (Dale) Grant Subaward Face Sheet Cal OES 2-101 (Revised 1 /2022) PSCl
60,000 60,000 60,000
60,000 60,000
389
CalOES

GOVERNOR'S OFFICE

OF EMERGENCY SERVICES
Grant Subaward Contact Information
Grant Subaward #:

Subrecipient: City of Fontana Emergency Management Program 1 . Grant Subaward Director:

Name: Shannon Yauchzee
Telephone #: 909-350-7654
Title: City Manager
Email Address: [email protected]
Address/City/ Zip Code (9-digit): 8353 Sierra Ave., Fontana, CA 92335-6765

2. Financial Officer:

Name: Jessica Brown Title: Chief Financial Officer
Telephone#: (909) 350-7671 Email Address: _ib _
ro_
w_
n_
@_
f _
on_
t _
an_
a_
. _
or _
g ________ _ Address/City/ Zip Code (9-digit): 8353 Sierra Ave., Fontana, CA 92335-6765

3. Programmatic Point of Contact:

Name: Aminah Mears, DPA
Telephone#: 909356-2526
Title: Emergency Services Officer
Email Address: [email protected]
Address/City/ Zip Code (9-digit): 8353 Sierra Ave., Fontana, CA 92335-6765

4. Financial Point of Contact:

Name: George Pirsko
Telephone #: (909) 350-761 l
Title: Accounting Manager
Email Address: [email protected]
Address/City/ Zip Code (9-digit): 8353 Sierra Ave., Fontana, CA 92335-6765

5. Executive Director of a Non-Governmental Organization or the Chief Executive Officer (i.e., chief of police, superintendent of schools) of the implementing agency:

Name:_____________ Title: ______________ _
Telephone#:______ Email Address: _____________ _
Address/City/ Zip Code (9-digit): _________________ _

6. Official Designee, as stated in Section 15 of the Grant Subaward Face Sheet:

Name: Robert Torres
Telephone#: 909-350-7606
Title: Public Affairs Manager
Email Address: [email protected]
Address/City/ Zip Code (9-digit): _________________ _

7. Chair of the Governing Body of the Subrecipient:

Name:____________ Title: _____________ _
Telephone#:______ Email Address: _____________ _
Address/City/ Zip Code (9-digit): _________________ _
Grant Subaward Contact Information - Cal OES 2-102 (Revised 10/2020) 390
391
392
393
Grant Subaward Budget Pages
Single Fund Source
Subrecipient:

Total Amount Allocated
$2,973
$4,410
$7,383
B. Operating Costs - Line-item description and calculation Grant Subaward #:

OPERATING COSTS CATEGORY TOTAL
Cumulative Equipment Sales Tax of 7.75%
Miscellaneous Items: costs include shipping charges and any additional installation or infrastructure charges
Grant Subaward Budget Pages Single Fund Source - Cal OES 2-106b (Revised 10/2020) 394
Grant Subaward Budget Pages
Single Fund Source
Subrecipent: City of Fontana EM Program
Total Amount Allocated
$13,542
Earth Braid
Cable, USB Programming, 222X / 2230 1,5M
Adaptor,microUSB Plug 2 USB Socket,153mm
C. Equipment Costs - Line-item description and calculation Feet, Rubber Self Adhesive 15,7mm
RF Unit, 2210 Envoy X2
Console, 2230
Microphone , Gooseneck Electret 2230
Cable Assy, Tcvr to RJ45, 2210
Opt, XTEND App Enable 2210/2310/2410
PSU, 90-264VAC in, 13,5V 2,7A out SMPS
Opt F, Fan (Int fit)
Quick Reference Card, Envoy
TPS Software
Grant Subaward #:

Tcvr Supply, 3020 c/w packaging
Cable, 3C Blk Mld IEC-US 2m
Cable, 2C USA-IEC C7 2mBk Mld
Opt GPS, 2210
GPS Rcvr, Envoy/SRx/AR Voice
Opt Free Tune TX 2210/2310/2410
Option, Virtual CP Enable, 2210/2310
Envoy Getting Started Guide
Upgrade, AES-256 Encryption, 2210/2110
Upgrade, Low Rate DV, 2210/2110
Opt, Digital Voice, Open Protocol

NASPO ENVOY HF BASE STATION
Cable, Data, 15way 2210 Tcvr to USB A 2m
Opt 3G ALE/DV/2G Data, 2210 (Int fit)
Grant Subaward Budget Pages Single Fund Source - Cal OES 2-106b (Revised 10/2020) 395
Grant Subaward Budget Pages
Single Fund Source
Subrecipent: City of Fontana EM Program
Total Amount Allocated C. Equipment Costs - Line-item description and calculation Grant Subaward #:

Key Management Software, USB Package
Key Fill Software, USB Package
Virtual Control Point S/w,2210/2310/2410
Sprint Net Software, USB Package
Ant, Term folded dipole 43m
Kit, Base Station Grounding UHF
NASPO 3G ENVOY FLYK-125-SMART $25,124
Case, FLYK-125, Black
Case, FLYK-125, Black
RF Unit, 2210 Envoy X2
Handset, 2220
Cradle, 2220
Opt F, Fan (Int fit)
Envoy Getting Started Guide
Tcvr Supply, 3020 c/w packaging
Cable, 3C Blk Mld IEC-US 2m
Envoy Smartlink, 2240
Cable, 2230/2240 to RF-Unit, 1m
Antenna, With Gimble WiFi RP-SMA
Reference Manual, Envoy Smartlink, 2240
Opt 3G ALE/DV/2G Data, 2210 (Int fit)
Cable, Data, 15way 2210 Tcvr to USB A 6m
Upgrade, AES-256 Encryption, 2210/2110
Upgrade, Low Rate DV, 2210/2110
Opt GPS, 2210
GPS Rcvr, Envoy/SRx/AR Voice
Grant Subaward Budget Pages Single Fund Source - Cal OES 2-106b (Revised 10/2020) 396
Grant Subaward Budget Pages
Single Fund Source
Subrecipent: City of Fontana EM Program
Total Amount Allocated C. Equipment Costs - Line-item description and calculation Grant Subaward #:

Opt Free Tune TX 2210/2310/2410
Opt, XTEND App Enable 2210/2310/2410
Option,Virtual CP Enable, 2210/2310/2410
TPS Software CD Package
Cable, USB Programming, 222X / 2230 1,5M
Adaptor,microUSB Plug 2 USB Socket,153mm
Key Management Software, USB Package
Key Fill Software, USB Package
Virtual Control Point S/w,2210/2310/2410
Sprint Net Software, USB Package
Mast, Rolatube, 5m MultiCam
Ant, Tactical Broadband (150W)
Cable, Coax UHF to N RG58 30m
Radios are subject to Australian
Government Export Controls. A signed End-User
Declaration will be required.

Equipment Sales Tax of 7.75%
HF Installation Site Visit and Training for
Voice/Data and Remote Support:
$13,950
Grant Subaward Budget Pages Single Fund Source - Cal OES 2-106b (Revised 10/2020) 397
Grant Subaward Budget Pages
Single Fund Source
Subrecipent: City of Fontana EM Program
Total Amount Allocated C. Equipment Costs - Line-item description and calculation Grant Subaward #:

HF Installation Site Visit and Training for
Voice/Data and Remote Support includes Site
visit to the location where HF will be installed
prior to and then after equipment is delivered,
site report of what preparation needs to be
done to properly install HF equipment (fixed
and/or mobile if each site may include base
and /or mobile or portable equipment). HF
Installation and Training for HF Data includes
PACTOR DR7800 Modem and associated
messaging software application and data
terminal. HF Training will also include a
$52,617
$60,000

EQUIPMENT COSTS CATEGORY TOTAL
Total Project Cost (Must match the Grant Subaward Face Sheet) Grant Subaward Budget Pages Single Fund Source - Cal OES 2-106b (Revised 10/2020) 398
Grant Subaward Budget Narrative
Grant Subaward #:

Subrecipient: City of Fontana Emergency Management Program Grant Subaward Budget Narrative – Cal OES 2-107 (Revised 4/2021) 1

1. NASPO Envoy 3G Envoy Hf Base Station Package:
o RF Unit, 2210 Envoy X2
o Feet, Rubber Self Adhesive
15,7mm
o Opt F, Fan (Int fit)
o Opt 3G ALE/DV/2G Data,
2210 (Int fit)
o Cable, Data, 15way 2210
Tcvr to USB A 2m
o Upgrade, AES-256
Encryption, 2210/2110
o Upgrade, Low Rate DV,
2210/2110
o Opt, Digital Voice, Open
Protocol
o Console, 2230
o Microphone , Gooseneck
Electret 2230
o Cable Assy, Tcvr to RJ45,
2210
o Tcvr Supply, 3020 c/w
packaging
o Cable, 3C Blk Mld IEC-US
2m
o Earth Braid
o TPS Software
o Cable, USB Programming,
222X / 2230 1,5M
o Adaptor,microUSB Plug 2
USB Socket,153mm
o Key Management
Software, USB Package
o Key Fill Software, USB
Package
o Virtual Control Point
S/w,2210/2310/2410
o Sprint Net Software, USB
Package
o Ant, Term folded dipole
43m
o Kit, Base Station Grounding
UHF
The subrecipient is requesting funding for one 3G Envoy Hf Base Station which will be used for EOC incidents and regional full-scale exercises and trainings. This particular piece of equipment will provide EOC Responders an emergency communication resource that will allow the city to be included in an integrated high frequency radio network service that utilizes frequencies authorized by the Federal Communications Commission and intended to be capable of communications with state, local, and federal agencies. 399
Grant Subaward Budget Narrative
Grant Subaward #:

Subrecipient: City of Fontana Emergency Management Program Grant Subaward Budget Narrative – Cal OES 2-107 (Revised 4/2021) 2 Additionally, equipment will help support EOC coordinated field activities with EOC Responders, Police, Fire and City personnel, to ensure the safety and program continuity of emergency/disaster incidents and public events, when traditional means of communicating such as mobile or landline phones, are not available.

NASPO Cost: $13,542.30

2. NASPO 3G ENVOY FLYK-125-SMART Package:
o Case, FLYK-125, Black
o RF Unit, 2210 Envoy X2
o Handset, 2220
o Cradle, 2220
o Opt F, Fan (Int fit)
o Envoy Getting Started
Guide
o Tcvr Supply, 3020 c/w
packaging
o Cable, 3C Blk Mld IECUS 2m
o Envoy Smartlink, 2240
o Cable, 2230/2240 to RFUnit, 1m
o Antenna, With Gimble
WiFi RP-SMA
o Reference Manual,
Envoy Smartlink, 2240
o Opt 3G ALE/DV/2G Data, 2210
(Int fit)
o Cable, Data, 15way 2210 Tcvr to
USB A 6m
o Upgrade, AES-256 Encryption,
2210/2110
o Upgrade, Low Rate DV,
2210/2110
o Opt GPS, 2210
o GPS Rcvr, Envoy/SRx/AR Voice
o Opt Free Tune TX 2210/2310/2410
o Opt, XTEND App Enable
2210/2310/2410
o Option,Virtual CP Enable,
2210/2310/2410
o TPS Software CD Package
*Radios are subject to Australian Government Export Controls. A signed End-User Declaration will be required.

The purpose of the FLYK 125 SMART will be used in the same vein as the base unit. Its powerful long-range voice and data radio communications capabilities 400
Grant Subaward Budget Narrative
Grant Subaward #:

Subrecipient: City of Fontana Emergency Management Program Grant Subaward Budget Narrative – Cal OES 2-107 (Revised 4/2021) 3 will allow and ensure maximum mobility along with quick deployment while also being easy to carry and store.

These capabilities are important, notably, in instances where moving and mobilizing to another area such as an alternate EOC or Incident Command Post/Vehicle arise.

NASPO Cost: 25,124.40

3. HF Installation Site Visit and Training for Voice/Data and Remote Support:
• Support includes site visit to the location where HF will be installed prior to and then after equipment is delivered; a site report of what preparation needs to be done to properly install HF equipment (fixed and/or mobile if each site may include base and /or mobile or portable equipment).
• HF Installation and Training for HF Data includes PACTOR DR7800 Modem and associated messaging software application and data terminal. HF Training will also include a Cradlepoint IBR900 Mobile Router for Remote HF Support and Operation with City EOC or other agency.

NASPO Cost: 13,950
401
Grant Subaward Budget Narrative
Grant Subaward #:

Subrecipient: City of Fontana Emergency Management Program Grant Subaward Budget Narrative – Cal OES 2-107 (Revised 4/2021) 4 Miscellaneous Costs: costs include shipping charges and any additional installation or infrastructure charges: $2,973
Cumulative 7.75% sales tax on equipment: $4,410
Grand Total (including the 7.75% tax rate) = $ 60,000
*Note -Total amount requested not to exceed $60,000
402
Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Fontana
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 1 1) The number of people and type of population of the grant Applicant.

This grant will help fund the Emergency Operations Center’s (EOC) Radio Room communications resources that will support the City of Fontana’s Emergency Management Program, Public Safety Department and the residential population of over 200,000 along with three other major bordering cities. The City’s EOC consists of over 45 responders and approximately five to ten Emergency Communications Responders.
2) The statement of work which also identifies the equipment vendor and vendor responsibilities.

At the moment the following vendor under consideration for the procurement of equipment and services is NVIS Communications located at 28850 Shannon Court, Tehachapi, CA 93561. NVIS’ Envoy HF Radio offers dependable and clear messaging and data communications, without dependence on existing infrastructure. Equipment requested for the purpose of this grant include:

I. NASPO Envoy 3g Envoy Hf Base Station Package:
o RF Unit, 2210 Envoy X2
o Feet, Rubber Self Adhesive
15,7mm
o Opt F, Fan (Int fit)
o Opt 3G ALE/DV/2G Data,
2210 (Int fit)
o Cable, Data, 15way 2210
Tcvr to USB A 2m Upgrade,
AES-256 Encryption,
2210/2110 Upgrade, Low
Rate DV, 2210/2110
o Opt, Digital Voice, Open
Protocol
o Console, 2230
o Microphone , Gooseneck
Electret 2230
o Cable Assy, Tcvr to RJ45,
2210
403
Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Fontana
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 2 o Tcvr Supply, 3020 c/w
packaging
o Cable, 3C Blk Mld IEC-US
2m
o Earth Braid
o TPS Software
o Cable, USB Programming,
222X / 2230 1,5M
o Adaptor,microUSB Plug 2
USB Socket,153mm
o Key Management
Software, USB Package
o Key Fill Software, USB
Package
o Virtual Control Point
S/w,2210/2310/2410
o Sprint Net Software, USB
Package
o Ant, Term folded dipole
43m
o Kit, Base Station Grounding
UHF
o PSU, 90-264VAC in, 13,5V
2,7A out SMPS
o Cable, 2C USA-IEC C7
2mBk Mld
o Opt GPS, 2210
o GPS Rcvr, Envoy/SRx/AR
Voice
o Opt Free Tune TX
2210/2310/2410
o Opt, XTEND App Enable
2210/2310/2410
o Option, Virtual CP Enable,
2210/2310
o Envoy Getting Started
Guide
o Quick Reference Card,
Envoy
II. NASPO 3G Envoy Flyk-125-Smart Package
o Case, FLYK-125, Black
o RF Unit, 2210 Envoy X2
o Handset, 2220
o Cradle, 2220
o Opt F, Fan (Int fit)
o Envoy Getting Started
Guide
o Tcvr Supply, 3020 c/w
packaging
o Cable, 3C Blk Mld IECUS 2m
o Envoy Smartlink, 2240
o Cable, 2230/2240 to RFUnit, 1m
o Antenna, With Gimble
WiFi RP-SMA
o Reference Manual,
Envoy Smartlink, 2240
o Opt 3G ALE/DV/2G
Data, 2210 (Int fit)
o Cable, Data, 15way
2210 Tcvr to USB A 6m
o Upgrade, AES-256
Encryption, 2210/2110
404
Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Fontana
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 3 o Upgrade, Low Rate DV,
2210/2110
o Opt GPS, 2210
o GPS Rcvr,
Envoy/SRx/AR Voice
o Opt Free Tune TX
2210/2310/2410
o Opt, XTEND App
Enable 2210/2310/2410
o Option,Virtual CP
Enable, 2210/2310/2410
o TPS Software CD
Package
o Cable, USB
Programming, 222X /
2230 1,5M
o Adaptor,microUSB Plug
2 USB Socket,153mm
o Key Management
Software, USB Package
o Key Fill Software, USB
Package
o Virtual Control Point
S/w,2210/2310/2410
o Sprint Net Software,
USB Package
o Mast, Rolatube, 5m
MultiCam
o Ant, Tactical
Broadband (150W)
o Cable, Coax UHF to N
RG58 30m
*Radios are subject to Australian Government Export Controls. A signed End-User Declaration will be required.

III. HF Installation Site Visit and Training for Voice/Data and Remote Support:
o Support includes site visit to the location where HF will be installed prior to and then after equipment is delivered; a site report of what preparation needs to be done to properly install HF equipment (fixed and/or mobile if each site may include base and /or mobile or portable equipment).
o HF Installation and Training for HF Data includes PACTOR DR7800 Modem and associated messaging software application and data terminal. HF Training will also include a Cradlepoint IBR900 Mobile Router for Remote HF Support and Operation with City EOC or other agency.

IV. Miscellaneous Costs:
o Costs include shipping charges and any additional installation or infrastructure charges
405
Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Fontana
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 4 3) The installation timeline.
• Equipment Purchase – April 2022 to May 2022
• Equipment Installation – June 2022 to August 2022
4) How the Applicant will use the funds to prepare for and respond to emergencies using high frequency communications;
Equipment and associated materials will be used for emergency and disaster incident response, in which the city’s EOC will be activated; regional fullscale exercises; mutual aid incidents; and state/federal operations such as emergency repatriation operations, in which the City of Fontana’s EOC Coordinator oversees along with State partners, on behalf of San Bernardino County.

The requested equipment will equipment will aid in building a robust high frequency radio system, thus enhancing the City’s EOC capabilities. In addition, equipment will provide EOC Responders and communications’ volunteers with a transmission resource that will assist in the coordination of field activities with EOC Responders, Police, Fire and City and State personnel, to ensure safety and response during emergency/disaster incidents, regional large public events, and emergency preparedness exercises.
406
Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Fontana
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 5 The City of Fontana is now the largest city in San Bernardino County.

Many of the local jurisdiction’s public safety entities: police, fire and emergency management program, often provide mutual aid help to both bordering cities and county Fire/Office of Emergency Services/Human Services departments’ incidents. Additionally, the City, along with County Sheriffs, provide emergency management support to the Auto Club Speedway.

Having the requested equipment will outfit the city with what it needs to communicate and accurately respond and support all local counterparts, including: adjoining county cohort’s infrastructure, local and regional residents, and local partners, during emergencies, disasters and mitigation or preparation activities.
5) How the Applicant will support the weekly operational tests once the system is activated.

The City of Fontana Emergency Management Program has as a dedicated radio net group that performs Net Control / Radio Checks every week on Monday. Below is an example of the group’s schedule for February:

February 7 K K 6 T D Q Oscar
February 14 K C 6 Q C R Bill
February 21 Washington Birthday DARK
407
Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Fontana
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 6 February 28 K J 6 L Z B Ray
March 7 K I 6 L O J Mike
Additionally, key appointed operators will participate in State Radio Net checkins. 408

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT
Subrecipient ___________ _ Duns# -------FIPS# ------
Disaster/Program Title: Fontana Emergency Management Program Performance Period: 4/1/22 to 10/31/23 Subaward Amount Requested: _$_6_0_,o_oo ____ Type of Non-Federal Entity (Check Box): □ State Gov. E1 Local Gov. □ JPA □ Non-Profit □Tribe Per Title 2 CFR § 200.332, Cal OES is required to evaluate the risk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass-through funding. This assessment is made in order to determine and provide an appropriate level of technical assistance, training, and grant oversight to subrecipients for the award referenced above.

The following are questions related to your organization's experience in the management of federal grant awards. This questionnaire must be completed and returned with your grant application materials.

For purposes of completing this questionnaire, grant manager is the individual who has primary responsibility for day-to-day administration of the grant, bookkeeper/accounting staff means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and organization refers to the subrecipient applying for the award, and/or the governmental implementing agency, as applicable.

Assessment Factors Response

1. How many years of experience does your current grant manager have >5 year(:] managing grants?

2. How many years of experience does your current bookkeeper/accounting >5 year[:] staff have managing grants?

3. How many grants does your organization currently receive? 3-10 gra[:]

4. What is the approximate total dollar amount of all grants your organization $ 20,000,000 receives?

5. Are individual staff members assigned to work on multiple grants? No G

6. Do you use timesheets to track the time staff spend working on specific activities/projects? Yes G

7. How often does your organization have a financial audit? Annually[:jl

8. Has your organization received any audit findings in the last three years? No G

9. Do you have a written plan to charge costs to grants? Yes 13 l 0. Do you have written procurement policies? Yes [:]
l l. Do you get multiple quotes or bids when buying items or services? SometimeG

12. How many years do you maintain receipts, deposits, cancelled checks, invoices, etc.? >5 year{:]

13. Do you have procedures to monitor grant funds passed through to other Yes [3 entities? Certification: This is to certify that, to the best of our knowledge and belief, the data furnished above is accurate, complete and current.

Signature: (A ·zed Ag t) Date:
03/03/2022
Print Name and Title: Robert Torres, Public Affairs Manager Phone Number: 909-350-7606 Cal OES Staff On/ : SUBA WARD #
Subrecioient Grants Manaaement Assessment (Rev.11 /2/21 l 409
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1590 Agenda Date: 7/26/2022
Agenda #: X. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2022-2023 RECOMMENDATION:

Adopt Resolution No. 2022-084, Authorizing the Levy of Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2022-2023.

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

DISCUSSION:

Community Facilities District No 100 (Victoria) was established by Resolution No. 2020-157 on December 8, 2020, to finance public facilities and to pay annual landscape and lighting costs for the district. The District will issue a maximum (not to exceed) of $8,000,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1859 approved and adopted by the City Council on January 12, 2021.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B). The proposed Fiscal Year 2022-2023 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A.

The proposed special tax rates for Fiscal Year 2022-2023 were developed according to the Rate and Method of Apportionment (Exhibit B).

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

City of Fontana Page 1 of 2 Printed on 7/21/2022
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File #: 21-1590 Agenda Date: 7/26/2022
Agenda #: X. Category: Consent Calendar
The City Treasurer has reviewed and supports this action.

FISCAL IMPACT:

The proposed Fiscal Year 2022-2023 special tax rates are the same as the prior year and will generate approximately $281,532; $198,542 for public facility expenses and $82,990 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

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Page 1 of 3 ends

RESOLUTION NO. 2022-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 100 (VICTORIA) FOR FISCAL YEAR 2022-2023.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 100; and
WHEREAS, on December 8, 2020, Community Facilities District No. 100 (Victoria) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20229; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council is desirous to establish the specific rate of the special tax to be collected for Fiscal Year 2022-2023.

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

SECTION 1. That the above recitals are all true and correct.

Page 2 of 3 ends

The basis for the determination of the special tax needed for the 2022-2023 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

Page 3 of 3 ends

APPROVED AND ADOPTED this 26
th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

AYES:

NOES:

ABSENT:

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

City Clerk
414
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2022-2023
Pay As You Go Facilities 187,586 $ Bond Service Funds Available - $ Administration Costs 5,000 Proposed Special Tax Levy 198,542 Allowance for Delinquencies (5,956)
Total Costs $ 192,586 Available Funds $ 192,586
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2022-2023
(Special Tax A and Special Tax B)
Tax Classification Total Special
(Land Use) Special Tax A Special Tax B Tax Rate
1 – Alley Load Product 2,348.00 $ 430.00 $ 2,778.00 $
2 – Cluster Product 2,226.00 430.00 2,656.00
3 – Non-Residential Property 31,660.00 430.00 32,090.00 Total Proposed Levy 198,542.00 $ 82,990.00 $ 281,532.00 $ Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – Alley Load Product - $ 2,778 $ 111,120 $ 2,778 $ 0% 2 – Cluster Product - 2,656 124,832 2,656 0%
3 – Non-Residential Property - 32,090 - 32,090 0%
Undeveloped Property - 45,580
$ - $ 281,532
FY 2021 - 2022 FY 2022 - 2023
Exhibit "A"
City of Fontana
Community Facilities District No. 100
Victoria
415
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 100
(VICTORIA)

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. 100 (Victoria) (“CFD No. 100”) and collected each fiscal year commencing in Fiscal Year 2022-2023, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 100, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2022-2023 shall be as follows.
416
B-2
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2022-2023 FY 2022-2023 FY 2022-2023 1 – Alley Load Product Unit $2,348.00 $2,348.00 $93,920 2 – Cluster Product Unit 2,226.00 2,226.00 104,622
3 – Non-Residential Property Unit 31,660.00 31,660.00 0 $198,542
Method of Apportionment of Special Tax A
Commencing with Fiscal year 2022-2023 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement 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 Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at 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 levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax 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, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property at up to 100% the Maximum Facilities Special Tax A for Taxable Public Property, as needed to satisfy the Special Tax Requirement for Facilities; Notwithstanding the above the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special 417
B-3
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 order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 100 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 100 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 against any Assessor’s Parcel of Residential Property for which a Certificate of Occupancy has been issued for private residential use be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 100 by more than ten percent above the amount that would have been levied in that Fiscal Year 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 previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2022-2023 FY 2022-2023 FY 2022-2023 1 – Detached Residential Subdivision
2 – Non-Residential Property
Unit
Unit
$438.60
6,099.60
$430.00
5,980.00
$82,990
0 $82,990
Commencing July 1, 2022, and each July 1 thereafter, the Maximum Special Tax rates for Special Tax B for Residential Property, and Non-Residential Property shall be increased by two percent (2%).

Method of Apportionment of Special Tax B
Commencing with Fiscal Year 2021-2022 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 Services 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 Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the 418
B-4
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 levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel. 419
420
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1586 Agenda Date: 7/26/2022
Agenda #: Y. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

Levy of a Special Tax in Community Facilities Districts for Fiscal Year 2022-2023 RECOMMENDATION:

Adopt Resolution No. 2022- 085, Authorizing the Levy of a Special Tax within Community Facilities Districts (Maintenance) for Fiscal Year 2022-2023.

COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.

DISCUSSION:

Community Facilities Districts (maintenance) in various locations around the City were established for the purpose of funding annual landscape, lighting, and park maintenance within each District.

Pursuant to Government Code Section 53340, Ordinances have been adopted to levy a special tax at the rate and in the manner specified in each district Rate and Method of Apportionment. Each district Rate and Method of Apportionment has been approved and adopted by the City Council.

The proposed Fiscal Year 2022-2023 special tax rates are shown for each district in the Exhibit attached to the resolution. The proposed rates are the same rates assessed in the prior fiscal year with the exception of the following districts:
2021-2022 Current
Residential Rate
2022-2023
Proposed
Residential Rate
$ Increase % Increase
CFD # 2 Police Services $13.97 $14.25 $0.28 2%
CFD #13M $439.00 $482.90 $43.90 10%
CFD #15M $378.00 $396.90 $18.90 5%
CFD #14M $495.00 $519.75 $24.75 5%
CFD #20M $500.00 $525.00 $25.00 5%
CFD #27M $654.50 $687.23 $32.73 5%
CFD #29M $421.00 $463.10 $42.10 10%
CFD #35M $766.00 $804.30 $38.30 5%
The special tax levied on each assessable parcel within each District is necessary to pay the costs and expenses of each District. A list of each parcel and the related specific tax for each parcel is City of Fontana Page 1 of 2 Printed on 7/21/2022
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File #: 21-1586 Agenda Date: 7/26/2022
Agenda #: Y. Category: Consent Calendar
available for viewing in the City Clerk's Office.

The Districts were established after the adoption of Proposition 218, and comply with its requirements because the Districts and the special taxes were approved by the consent of the property owners at the time each District was formed.

The City Treasurer has reviewed and supports this action.

FISCAL IMPACT:

The proposed Fiscal Year 2022-2023 special tax rates will generate $5.2 million to fund annual landscape and lighting maintenance costs within each District.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/21/2022
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Page 1 of 2 ends

RESOLUTION NO. 2022-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICTS FOR FISCAL YEAR 2022-2023.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of special taxes in the community facilities districts identified on Exhibit “A”, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, the City Council, by ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of special taxes to pay for the maintenance of authorized improvements and facilities and other costs and expenses related to said community facilities districts, and the City Council desires to establish the specific rate of the special taxes to be levied and collected with the community facilities districts identified on Exhibit “A” for Fiscal Year 2022-2023.

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

SECTION 1. That the above recitals are all true and correct and that all legal prerequisites to the adoption of this Resolution have been duly and regularly taken.

SECTION 2. The specific rate and amount of the special tax to be collected for Fiscal Year 2022-2023 for the community facilities districts identified in Exhibit “A” is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference. Said special taxes shall be and are hereby levied for Fiscal Year 2022-2023 on all parcels of real property that are subject to taxation within each community facilities district identified on Exhibit “A” and in the amount set forth for each such parcel on file with the City Clerk.

SECTION 4. The proceeds of the Special Tax shall be used to pay the costs of maintenance of authorized facilities and improvements for each community facilities district and for payment of administrative expenses incurred in connection with the levy and collection of said Special Taxes.
423
Resolution No. 2022-

Page 2 of 2 ends

SECTION 6. All monies above collected shall be paid into the designated fund for each community facilities district.

APPROVED AND ADOPTED this 26
th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

AYES:

NOES:

ABSENT:

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

City Clerk
424
Type & Number # parcels Rates Total Type & Number # parcels Rates Total CFD # 2* 3724 14.25 $ 8,023.58 CFD # 51M 107 615.00 65,805.00 CFD # 6 769 429.00 329,901.00 CFD # 53M 16 551.00 8,816.00 CFD # 6-1 401 459.10 184,099.10 CFD # 54M 39 640.00 24,960.00 CFD # 6-2 183 498.00 91,134.00 CFD # 55M 9 790.00 7,110.00 CFD # 6-3a 477 480.00 228,960.00 CFD # 56M 62 280.00 26,040.00 CFD # 8 275 262.14 72,088.50 CFD # 57M 17 880.00 14,960.00 CFD # 9M 377 various 163,183.10 CFD # 58M 14 315.00 4,410.00 CFD # 10M 10 various 37,606.25 CFD # 59M 1 400.00 2,400.00 CFD # 13M* 933 various 469,694.28 CFD # 60M 16 785.00 12,560.00 CFD # 14M* 790 various 423,973.50 CFD # 61M 78 603.00 54,270.00 CFD # 15M* 739 396.90 293,309.10 CFD # 62M 8 697.00 5,576.00 CFD # 16M 101 425.00 42,925.00 CFD # 63M 95 575.00 54,625.00 CFD # 18M 16 425.50 6,808.00 CFD # 64M 1 615.00 4,920.00 CFD # 20M* 64 525.00 32,000.00 CFD # 65M 33 600.00 19,800.00 CFD # 21M 74 536.00 39,664.00 CFD # 67M 74 570.00 42,180.00 CFD # 23M 26 285.00 7,410.00 CFD # 68M 38 645.00 24,510.00 CFD # 24M 102 437.00 44,574.00 CFD # 69M 332 495.00 164,340.00 CFD # 25M 175 465.00 81,375.00 CFD # 72M 19 565.00 10,735.00 CFD # 27M* 85 687.23 58,414.55 CFD # 73M 117 560.00 65,520.00 CFD # 28M 355 407.00 144,485.00 CFD # 75M 27 530.00 14,310.00 CFD # 29M* 57 463.10 26,396.70 CFD # 76M 53 630.00 33,390.00 CFD # 30M 485 482.00 233,770.00 CFD # 77M 20 645.00 12,900.00 CFD # 32M 50 356.00 17,800.00 CFD # 78M 205 355.00 69,775.00 CFD # 33M 37 156.00 41,216.80 CFD # 79M 1 N/A 21,500.00 CFD # 34M 168 various 21,135.12 CFD # 82M 2 N/A 27,040.00 CFD # 35M* 649 804.30 521,990.70 CFD # 83M 96 645.00 61,920.00 CFD # 36M 62 355.00 22,010.00 CFD # 84M 30 650.00 19,500.00 CFD # 38M 363 485.00 176,055.00 CFD # 91M 8 760.00 6,080.00 CFD # 39M 50 445.00 22,250.00 CFD # 92M 19 880.00 16,720.00 CFD # 40M 27 390.00 10,530.00 CFD # 93M 15 750.00 11,250.00 CFD # 41M 22 685.00 15,070.00 CFD # 94M 10 350.00 3,500.00 CFD # 42M 88 495.00 43,560.00 CFD # 96M 11 1,010.00 11,110.00 CFD # 44M 18 495.00 8,910.00 CFD # 97M 13 400.00 5,200.00 CFD # 45M 168 595.00 99,960.00 CFD # 98M 9 670.00 6,030.00 CFD # 46M 70 692.00 48,440.00 CFD # 101M 12 655.00 7,860.00 CFD # 47M 17 674.00 11,458.00 CFD # 102M 6 835.00 5,010.00 CFD # 48M 91 820.00 74,620.00 CFD # 103M 5 880.00 4,400.00 CFD # 49M 17 750.00 12,750.00 CFD # 104M 13 1,060.00 13,780.00 CFD # 50M 96 370.00 35,520.00 CFD # 105M 96 481.00 46,176.00 Totals 13,831 5,148,253.28
*2022-2023 rate for this district has been increased as allowed in the Rate and Method of Apportionment.

Exhibit A
Fiscal Year 2022-2023

CITY OF FONTANA
Special Assessments Maintenance Districts
425
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1582 Agenda Date: 7/26/2022
Agenda #: Z. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

Resolution of Intent to form Community Facilities District No. 111 (Monterado) RECOMMENDATION:

1. Adopt Resolution No. 2022-086, 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. 2022-087, of the City Council of the City of Fontana to Incur Bonded Indebtedness of the Proposed City of Fontana Community Facilities District No. 111 (Monterado).

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

DISCUSSION:

Lennar Homes of California, Inc. 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 21.67 gross (11.55 net taxable) acres (198 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 2,250 sf or Greater $3,258 $366 $3,624
2 2,050 sf to less than 2,250 sf $3,218 $366 $3,584
3 1,850 sf to less than 2,050 sf $3,031 $366 $3,397
4 1,650 sf to less than 1,850 sf $2,940 $366 $3,306
City of Fontana 5 Less than 1,650 sf Page 1 of 2$2,907 $366 $3,273 Printed on 7/21/2022 powered by Legistar™426
File #: 21-1582 Agenda Date: 7/26/2022
Agenda #: Z. Category: Consent Calendar
Use
Class
Debt
1 2,250 sf or Greater $3,258 $366 $3,624
2 2,050 sf to less than 2,250 sf $3,218 $366 $3,584
3 1,850 sf to less than 2,050 sf $3,031 $366 $3,397
4 1,650 sf to less than 1,850 sf $2,940 $366 $3,306
5 Less than 1,650 sf $2,907 $366 $3,273
Sales prices for the homes have been estimated at $580,000 to $642,000. 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 $7.3 million of bonds, providing funds to finance $6.0 million of facilities and/or fees. The proposed annual rate for maintenance of $366 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 $510 per unit 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 September 13, 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:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/21/2022
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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. 111 (MONTERADO), 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 proposed to be levied therein, 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 Lennar Homes of California, LLC, a California 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 isthe 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 proposed to be levied therein; 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 428
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pursuant to Section 53325.1 of the Act, (b) any proposed special tax is approved by the qualified 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 the Landowner, entered into a Deposit and Reimbursement Agreement, dated as of June 1, 2022 (the “Deposit Agreement”), relating to the Community Facilities District, that provides for the advancement of funds by the Landowner 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 the Landowner 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. 111 (Monterado)”.

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 429
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“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 installmentpurchase 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, September 13, 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 September 13, 2022 City Council meeting is held via teleconference and/or videoconference only, 430
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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 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. The Landowner 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. 431
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APPROVED and ADOPTED by the City Council of the City of Fontana on July 26, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
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EXHIBIT A

BOUNDARY MAP
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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, 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, and land, rights-ofway 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.
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EXHIBIT C

PROPOSED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 436
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Community Facilities District No. 111 (Monterado) Page 1

RATE AND METHOD OF APPORTIONMENT FOR
CITY OF FONTANA COMMUNITY FACILITIES DISTRICT No. 111
(MONTERADO)
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. 111 (Monterado) ("CFD No. 111") 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. 111, 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 Assessor’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 reasonable satisfaction of the CFD Administrator using the boundaries set forth on such map or plan. The square 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 Section 53311) of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 111, including 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 Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 111 or any designee thereof of complying with arbitrage rebate requirements with respect to the Special Tax and CFD No. 111 Bonds; the costs to the City, CFD No. 111 or any designee thereof of complying with disclosure requirements of the City, CFD No. 111 or obligated persons associated 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 Special Taxes; the costs of the City, CFD No. 111, or any designee thereof related to the reduction of the Assigned Facilities Special Tax and Backup Facilities Special Tax in accordance with Section C.1 herein; the costs of the City, CFD No. 111 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses related to CFD No. 111 Bonds. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 111 for any other administrative purposes of CFD No. 111, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor" means the Assessor of the County.
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Community Facilities District No. 111 (Monterado) Page 2 "Assessor's Parcel" means a lot or parcel to which an Assessor’s parcel 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 accordance with Section C.2.b herein, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property.
"Authorized Facilities" means those facilities eligible to be funded by CFD No. 111. "Authorized Services" means those services eligible to be funded by CFD No. 111 in accordance with the Act, including, but not limited to, 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. "Backup Facilities Special Tax" means the Facilities Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C.1.a.(3) below. "Buildout" means, for CFD No. 111, that all expected building permits for residential dwelling units and/or non-residential development to be constructed within CFD No. 111 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 Facilities 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. 111" means City of Fontana Community Facilities District No. 111 (Monterado). "CFD No. 111 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 111 and secured by the Facilities Special Tax levy on property within the boundaries of CFD No. 111 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 Part 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10 et seq.), as amended from time to time, (b) a special tax established and levied on an Assessor’s Parcel pursuant to Section 53328.1 of the California Government Code and related provisions of the Act, as amended from time to time, and 438
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Community Facilities District No. 111 (Monterado) Page 3 (c) any other fee, charge, tax or assessment established and levied on an individual Assessor’s Parcel pursuant to a contractual agreement or other voluntary consent by the owner thereof. "Council" means the City Council of the City acting as the legislative body of CFD No. 111. "County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, (i) with respect to the Facilities Special Tax, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which a building permit for new construction, other than the construction of a garage, parking lot, or parking structure, 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 the Services Special Tax, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, (a) for which the Final Residential Subdivision was recorded 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 May 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 authorized to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within CFD No. 111 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 lots for which building permits may be issued for residential 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 pursuant 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 condominiums, a final map approved by the City and a condominium plan recorded pursuant to California Civil Code Section 4285 that creates an individual lot(s) for which a building permit(s) may be issued without further subdivision. The term "Final Subdivision" shall not include any Assessor’s Parcel Map or subdivision map or portion thereof that does not create 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 which one or more building permits have been issued, but no individual lots have been created 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. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which CFD No. 111 Bonds are issued, as modified, amended and/or supplemented from time to time.
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Community Facilities District No. 111 (Monterado) Page 4 "Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3 herein. "Lower Income Households Welfare Exemption Property" means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 111 that is entitled to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessment roll finalized as of the last preceding January 1.
"Maximum Facilities Special Tax" means the maximum Facilities Special Tax, determined in accordance with Section C.1 herein, that can be levied 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 levied in any Fiscal Year on any Assessor’s Parcel of Developed Property.
"Minimum Sale Price" means the minimum price at which parcels of a given Land Use Class have sold or are expected to be sold in a normal marketing 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 permitting the construction of one or more nonresidential structures or facilities. "Outstanding Bonds" means all CFD No. 111 Bonds which are outstanding under the Indenture. "Price Point Consultant" means any consultant or firm of such consultants selected by CFD No. 111 that (a) has substantial experience in performing price point studies for residential dwelling units within community facilities districts or otherwise estimating or confirming pricing for residential dwelling units in community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of residential dwelling units in community facilities districts, (c) is in fact independent and not under the control of CFD No. 111 or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) CFD No. 111, (ii) the City, (iii) any owner of real property in CFD No. 111, or (iv) any real property in CFD No. 111, and (e) is not connected with CFD No. 111 or the City as an officer or employee thereof, but who may be regularly retained to make reports to CFD No. 111 or the City. "Price Point Study" means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C herein. "Property Owner Association Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 111 for which the owner of record, as determined from the County’s assessment roll for the Fiscal Year in which the Special Tax is being levied, is a property owner’s association, including any master or sub-association, or (ii) any property located in a Final Subdivision that was recorded as of the January 1 preceding the Fiscal Year in which the Special Tax is being levied and which, as determined from such Final Subdivision, is or will be open space, 440
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Community Facilities District No. 111 (Monterado) Page 5 a common area recreation facility, or a private street. Notwithstanding the foregoing, any property previously classified as Developed Property and subsequently owned in fee or by easement, or dedicated to, a property owner association, including any master or sub-association, shall remain classified as Developed Property.
"Proportionately" means that the ratio of the actual Facilities Special 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 Assigned Services Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped 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 other categories of Taxable Property as listed in Section D herein.
"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 111 that is (i) owned by, irrevocably offered or dedicated to the federal government, the State, the County, the City, or any local government or other 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 according 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. 111.
"Residential Floor Area" means all of the square footage of living area within 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 for such Assessor’s Parcel and/or as set forth in the appropriate records kept by the Building and Safety 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 authorized to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property within CFD No. 111 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, for the following items: (i) debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year; (ii) periodic costs with respect to the CFD No. 111 Bonds, including but not limited to, costs of credit enhancement 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 441
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Community Facilities District No. 111 (Monterado) Page 6 amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) without duplicating any amounts described in clause (iv), above, reasonably anticipated Facilities Special Tax delinquencies 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 acquisition 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. 111 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 levy in the previous Fiscal Year; less (iv) a credit for funds available to reduce the annual Services 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 boundaries of CFD No. 111 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 that 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 the Total Tax Burden is being calculated, the sum of (a) the Assigned Facilities Special Tax for such Fiscal Year, plus (b) the Assigned 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 trash), 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 would be levied or imposed on such residential property in such Fiscal Year if the residential dwelling unit thereon or therein had been completed and sold, and was subject to such fees, charges, 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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Community Facilities District No. 111 (Monterado) Page 7 B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, commencing with Fiscal Year 2022-2023, all Taxable Property within CFD No. 111 shall be classified as Developed Property, Undeveloped Property, Taxable Public Property or Taxable Property Owner Association Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment 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. 111 Bonds, the Assigned Facilities Special Tax on Developed Property (set forth in Table 1) shall be analyzed in accordance with and subject to the conditions set forth 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 within 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 constructed or to be constructed within CFD No. 111 shall exceed 1.95% of the Minimum Sale Price of such residential property constructed or to be constructed within CFD No. 111, the CFD Administrator shall reduce the Assigned Facilities Special Tax to the extent necessary to cause 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 shall not be required that such reduction be proportionate among Land Use Classes. In connection 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. Upon determining the reductions, if any, in the Assigned Facilities Special Tax and Backup Facilities 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 Exhibit A (the “Certificate to Amend”) and shall execute such completed Certificate to Amend and shall deliver such Certificate to Amend to CFD No. 111. Upon receipt thereof, if in satisfactory form, CFD No. 111 shall execute such Certificate to Amend. The reduced Assigned Facilities 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. 111. The Assigned Facilities Special Tax and Backup Facilities Special Tax reductions permitted pursuant to this Section C shall be reflected in an amended notice of Special Tax lien which CFD No. 111 shall cause to be recorded with the San Bernardino County Recorder as soon as practicable after execution of the Certificate to Amend by CFD No. 111. If based upon such Price Point Study the CFD Administrator calculates that the Total Tax Burden applicable to each Land Use Class of residential property constructed or to be constructed within CFD No. 111 does not exceed 1.95% of the Minimum Sale Price of each such Land Use Class of residential property constructed or to be constructed within CFD No. 111, then there shall be no reduction in the Assigned 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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Community Facilities District No. 111 (Monterado) Page 8 The Maximum Facilities Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Facilities Special Tax or (ii) the amount derived by application of the Backup Facilities Special Tax.
(2). Assigned Facilities Special Tax
Residential Property shall be assigned to Land Use Classes 1 through 5 as listed in Table 1 below based on the Residential Floor Area for each residential dwelling unit. NonResidential Property shall be assigned to Land Use Class 6. 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. 111 (Monterado)
Land
Use
Class Description
Residential Floor Area
(square feet)
Assigned
Facilities
Special Tax
1 Residential Property 2,250 or Greater $3,258 per unit 2 Residential Property 2,050 to less than 2,250 $3,218 per unit 3 Residential Property 1,850 to less than 2,050 $3,031 per unit 4 Residential Property 1,650 to less than 1,850 $2,940 per unit 5 Residential Property Less than 1,650 $2,907 per unit
6 Non-Residential Property NA $51,640 per Acre
(3). Backup Facilities Special Tax
The Backup Facilities Special Tax for an Assessor’s Parcel of Developed Property shall equal the lesser of (a) $60,750 per Acre, 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 pursuant to the formula below:

BFST = AFST  ATP
These terms have the following meaning:

BFST = the reduced Backup Facilities Special Tax
AFST = The total estimated Assigned Facilities Special Tax levy for CFD No. 111 based on the reduced Assigned Facilities Special Taxes for Developed Property permitted pursuant to Section C.1 herein which could be levied on all expected development assuming Buildout of CFD No. 111.

ATP = The sum of the Acreage of all Taxable Property within a Final Subdivision (assuming Buildout) within CFD No. 111 (after excluding Public Property and 444
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Community Facilities District No. 111 (Monterado) Page 9 Property Owner Association Property as set forth in Section E.1 herein) multiplied by 85%.

Furthermore, all Assessors’ Parcels within CFD No. 111 shall be relieved simultaneously and permanently from the obligation to pay and disclose the Backup Facilities Special Tax if the CFD Administrator calculates that (i) the annual debt service required for the Outstanding Bonds, when compared to the Assigned Facilities Special Tax that shall be levied against all Assessors’ Parcels of Developed Property in CFD No. 111 results in 110% debt service coverage (i.e., the Assigned Facilities Special Tax that shall be levied against all Developed Property in CFD No. 111 in each 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 Outstanding Bonds in each corresponding Fiscal Year, and (b) Administrative Expenses), and (ii) all authorized CFD No. 111 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 111 Bonds (except refunding bonds) to be supported by the Facilities Special Tax in CFD No. 111.

(4). Multiple Land Uses
In some instances, an Assessor’s Parcel may contain both Developed Property and Undeveloped Property. In such cases, the Acreage of 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 had 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 than one Land Use Class. In such cases, the Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property 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 Facilities Special Tax that can be levied on such Assessor’s Parcel shall be the sum of the Maximum Facilities 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, and Taxable Property Owner Association Property
The Maximum Facilities Special Tax for each Assessor’s Parcel of Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $60,750 per Acre and shall not be subject to escalation and shall therefore remain the same in every Fiscal Year.
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Community Facilities District No. 111 (Monterado) Page 10

2. Services Special Tax
For purposes of the Services Special Tax, an Assessor’s Parcel(s) of Developed Property within a Final Residential Subdivision shall be assigned to Land Use Class 1 as identified in Table 2 and Table 3 below. Non-Residential Property shall be assigned to Land Use Class 2. Furthermore, the Services Special Tax levied against each Assessor’s Parcel within a Final Residential Subdivision shall be based on the number of residential dwelling units for which building permits have been issued or are expected to be issued for such Assessor’s Parcel, as determined by the CFD Administrator based on such Final Residential Subdivision of 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 2.

Table 2
Maximum Services Special Tax for Developed Property
City of Fontana CFD No. 111 (Monterado)
Fiscal Year 2022-2023
Land
Use
Class Description
Maximum
Services
Special Tax
1 Final Residential Subdivision $510 per unit
2 Non-Residential Property $8,780 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 3.

Table 3
Assigned Services Special Tax for Developed Property
City of Fontana CFD No. 111 (Monterado)
Fiscal Year 2022-2023
Land
Use
Class Description
Assigned
Services
Special Tax
1 Final Residential Subdivision $366 per unit
2 Non-Residential Property $6,270 per Acre
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Community Facilities District No. 111 (Monterado) Page 11 c. Increase in the Maximum Services Special Tax
On each July 1, commencing on July 1, 2023, the Maximum 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 applicable 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 Requirement for Services for the Fiscal Year commencing on such July 1. However, in no case shall the Assigned Services Special Tax for an Assessor’s Parcel of Developed Property exceed the applicable Maximum Services Special Tax for such Assessor’s Parcel 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 Property 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 Services Special Tax that can be levied on such Assessor’s Parcel shall be the sum of 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 Requirement 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 Facilities Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at 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 levy of the Facilities Special Tax on each Assessor's Parcel of Developed Property for which the Maximum Facilities Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal 447
City of Fontana July 1, 2022
Community Facilities District No. 111 (Monterado) Page 12 percentages from the Assigned Facilities Special Tax 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, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to 100% of the Maximum Facilities Special Tax for Taxable Public Property and Taxable Property Owner Association Property, as needed to satisfy the Special Tax Requirement for Facilities.

Notwithstanding the above, the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities 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 order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 111 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 111 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 consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 111 by more than ten percent above the amount that would have been levied in that Fiscal Year 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 previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property 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 Services 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 Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% 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 levy of the Services Special Tax on each Assessor's Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s Parcel. 448
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Community Facilities District No. 111 (Monterado) Page 13 E. EXEMPTIONS

1. Facilities Special Tax
No Facilities Special Tax shall be levied on up to 9.0 Acres of Public Property and/or Property Owner Association Property in CFD No. 111. Tax-exempt status shall be assigned by the CFD Administrator in the chronological order in which property in CFD No. 111 becomes Public Property or Property Owner Association Property. However, should an Assessor’s Parcel no longer be classified as Public Property or Property Owner Association Property, it shall, from that point forward, be subject to the Facilities Special Tax.

Notwithstanding the above, an Assessor’s Parcel in CFD No. 111 that is transferred to a public agency or property owner’s association prior to the issuance of the first series of CFD No. 111 Bonds that causes the Acreage of Public Property and Property Owner Association Property to exceed the 9.0 Acreage limit that can be designated by the CFD Administrator under this Section E.1 shall also be exempted from paying the Special Tax.

Public Property or Property Owner Association Property 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 fourth step in Section D.1 herein, at up to 100% of the applicable Maximum Facilities Special Tax for Taxable Public Property and Property Owner Association Property.

In addition, no Facilities Special Tax shall be levied 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 Welfare 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 Apportionment 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 Undeveloped Property, Taxable Public Property, Taxable Property Owner Association Property, Public Property, or Property Owner Association Property.

In addition, no Services Special Tax shall be levied 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 Welfare Exemption Property be exempt from the Services Special Tax, then the Services Special Tax shall be levied on such Assessor’s Parcel in accordance with this Rate and Method of Apportionment as if such Assessor’s Parcel were not classified as Lower Income Households Welfare Exemption Property.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 111 may directly bill the Special Tax, and/or 449
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Community Facilities District No. 111 (Monterado) Page 14 may collect Special Taxes at a different time or in a different manner if necessary to meet financial obligations, and, to the extent of the Facilities 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 Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, a cash refund shall not be made (except for the last year of levy), but the amount 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 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided 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 relative 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 decision shall be final and binding as to all persons.

H. PREPAYMENT OF FACILITIES SPECIAL TAX
Under this Rate and Method of Apportionment, an Assessor’s Parcel within CFD No. 111 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 prepaid 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 Undeveloped Property for which a building permit has been issued after January 1, 2022, and only if there 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 shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt 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 reasonable 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. 111 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:
"CFD Public Facilities Costs" means either $5,977,600 in 2022 dollars, which shall increase by the Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower 450
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Community Facilities District No. 111 (Monterado) Page 15 number as (i) shall be determined by the CFD Administrator as sufficient to provide funding for the Authorized Facilities under the authorized bonding program for CFD No. 111, or (ii) shall be determined by the Council concurrently with a covenant that it shall not issue any more CFD No. 111 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 Engineering News Record Building Cost Index for the City of Los Angeles, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be 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) costs of Authorized Facilities previously paid from the Improvement Fund, (ii) moneys currently on deposit in the Improvement Fund available to pay costs of Authorized 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. 111 Bonds a fund or account held by the City) to hold funds which are currently available for expenditure 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 interest and/or principal payment date following the current Fiscal Year.

1. Prepayment in Full
The Facilities Special Tax Prepayment Amount (defined 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
Equals Facilities Special Tax Prepayment Amount
As of the proposed date of prepayment, the Facilities 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, compute the Assigned Facilities Special Tax and Backup Facilities Special Tax for the Assessor’s Parcel to be prepaid. For 451
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Community Facilities District No. 111 (Monterado) Page 16 Assessor’s Parcels of Undeveloped Property for which a building permit has been issued after January 1, 2022, compute the Assigned Facilities 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 computed pursuant to paragraph 2 by the total estimated Assigned Facilities Special Tax levy for CFD No. 111 based on the Assigned Facilities Special Taxes for Developed Property which could be levied on all expected development assuming Buildout of CFD No. 111, excluding any Assessor’s Parcels for which the Facilities Special Tax has been prepaid, and (b) Divide the Backup Facilities Special Tax computed pursuant to paragraph 2 by the total estimated Backup Facilities Special Taxes at Buildout for the entire CFD No. 111, excluding any Assessor’s Parcels for which the Facilities Special Tax has been prepaid.

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

5. Multiply the Bond Redemption Amount computed pursuant 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 paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount").

8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following 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 reasonably expects to derive from the reinvestment of the Facilities Special Tax Prepayment 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 Previously Issued Bonds to be redeemed with the prepayment.

11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount"). 452
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Community Facilities District No. 111 (Monterado) Page 17

12. The administrative fees and expenses of CFD No. 111 are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 111 Bonds, and the costs of recording any notices to evidence the prepayment and 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 defined 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 reserve requirement (as defined in the Indenture) in effect after the redemption of Previously 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 Fund 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 interest and/or principal payment following the current Fiscal Year, a capitalized interest credit 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 the 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 owner of any Assessor’s Parcel who desires a partial prepayment of the Facilities Special Tax shall notify the CFD Administrator of such owner’s intent to partially prepay the Facilities Special Tax and the percentage by which the Facilities Special Tax shall be prepaid. 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 which 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. 453
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Community Facilities District No. 111 (Monterado) Page 18

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. 111, and less the Future Facilities Amount calculated according to Section H.1 which shall be deposited into the Improvement Fund, shall be deposited into specific funds established under the Indenture, to fully or partially redeem as many Outstanding Bonds as possible, 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 Fiscal 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 the 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 recorded in compliance with the Act, to indicate the prepayment of the Facilities Special Tax 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 partially 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. 111 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 the 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. 111 in each future Fiscal Year (after excluding Public Property and Property Owner Association 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 remaining 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 period not to exceed fifty years commencing with Fiscal Year 2022-2023. The Services Special Tax shall be levied in perpetuity to fund the Special Tax Requirement for Services.

T/Clients/FONTANA/MELLO/CFD No. 111 (Monterado)/Rate and Method/Fontana CFD No. 111 (Monterado) RMA v1.docx Printed: July 1, 2022
454

EXHIBIT A

CERTIFICATE TO AMEND FACILITIES SPECIAL TAX
CFD No. 111 CERTIFICATE

1. Pursuant to Section C.1 of the Rate and Method of Apportionment (the "Rate and Method") for City of Fontana Community Facilities District No. 111 (Monterado) ("CFD No. 111"), the Assigned Facilities Special Tax and the Backup Facilities Special Tax for Developed Property within CFD No. 111 has been reduced as described herein. (a) The information in Table 1 of the Rate and Method relating to the Assigned Facilities Special Tax for Developed Property within CFD No. 111 shall be modified as follows:

Land
Use
Class Description
Residential Floor
Area (square feet)
Original
Assigned
Facilities
Special Tax
Reduced
Assigned
Facilities
Special Tax
1 Residential Property 2,250 or Greater $3,258 per unit $[_____] per unit 2 Residential Property 2,050 to less than 2,250 $3,218 per unit $[_____] per unit 3 Residential Property 1,850 to less than 2,050 $3,031 per unit $[_____] per unit 4 Residential Property 1,650 to less than 1,850 $2,940 per unit $[_____] per unit 5 Residential Property Less than 1,650 $2,907 per unit $[_____] per unit 6 Non-Residential Property NA $51,640 per Acre $[_____] per Acre (b) The Backup Facilities Special Tax for Developed Property, as stated in Section C.1.a.(3) of the Rate and Method, shall be reduced from $60,750 per Acre to $[_____] per Acre.

2. The Assigned Facilities Special Tax and the Backup Facilities Special Tax for Developed Property may only be reduced prior to the first issuance of CFD No. 111 Bonds.

3. Upon execution of the certificate by CFD No. 111, CFD No. 111 shall cause an amended notice of Special Tax lien for CFD No. 111 to be recorded 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, on behalf of CFD No. 111, receipt of this certificate and modification of the Rate and Method as set forth in this certificate.

CITY OF FONTANA COMMUNITY FACILITIES DISTRICT No. 111 (MONTERADO) By:___________________________ Date:______________________ 455
4124-2639-1097.1
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 July 26, 2022, by the following vote to-wit:

AYES:

NOES:

ABSENT:

City Clerk
Mayor
ATTEST:

City Clerk
456
4138-6916-6137.2
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. 111 (MONTERADO)
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. 111 (Monterado), and to Authorize the Levy of Special Taxes,” stating its intention to establish City of Fontana Community Facilities District No. 111 (Monterado) (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 $8,000,000;
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 $8,000,000.

Section 5. The City Council hereby fixes Tuesday, September 13, 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 September 13, 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. 457
2 4138-6916-6137.2
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 July 26, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
458
4138-6916-6137.2
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 July 26, 2022, by the following vote to-wit:

AYES:

NOES:

ABSENT:

City Clerk
Mayor
ATTEST:

City Clerk
459
460
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1574 Agenda Date: 7/26/2022
Agenda #: AA. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 95 (Summit @ Rosena Phase 2) for Fiscal Year 2022-2023
RECOMMENDATION:

Adopt Resolution No. 2022-088, Authorizing the Levy of Special Tax in Community Facilities District No. 95 (Summit @ Rosena Phase 2) for Fiscal Year 2022-2023.

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

DISCUSSION:

Community Facilities District No 95 (Summit @ Rosena Phase 2) was established by Resolution No. 2019-055 on April 23, 2019, to finance public facilities and to pay annual landscape and lighting costs for the district. In the future, the District will issue a maximum of $11,000,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was set forth in Ordinance No. 1804 approved and adopted by the City Council on May 14, 2019.

The proposed special tax rates for Fiscal Year 2022-2023 were developed according to the Rate and Method of Apportionment (Exhibit B) and are the same as the prior year.

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File #: 21-1574 Agenda Date: 7/26/2022
Agenda #: AA. Category: Consent Calendar
The City Treasurer has reviewed and supports this action.

FISCAL IMPACT:

The proposed Fiscal Year 2022-2023 special tax rates are the same as the prior year and will generate approximately $835,044; $672,844 for public facility expenses and $162,200 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

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Fontana City CouncilJuly 26, 2022

Fontana City Council
July 26, 2022