Agenda packet — Fontana City Council, July 23, 2024 (part 1 of 6)

Tuesday, July 23, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1955 Reso. No. 2024-060
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda July 23, 2024
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Council Chambers is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office.

Para traducción en Español, comuniquese con la oficina,“City Clerk” al (909) 350-7602.

The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors.

PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

A. 12:30 P.M. CLOSED SESSION
A. 1. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(Gov. Code Section 54957)

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401
21-3196

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2 City Council Meeting Regular Agenda July 23, 2024

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Planned Parenthood /Orange and San
Bernardino Counties, Inc. vs. City of Fontana

4. INITIATION OF LITIGATION-
(Gov. Code Section 54956.9(d)(1))
Name of Case: One Potential Case
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

PROCLAMATION:

A. Proclamation
A. 1. Mayor Warren and City Council to proclaim August as Sickle Cell Trait Prevention Month (Sickle Cell Trait
Prevention Founder and Executive Director, Farron Dozier, to accept).

2. Mayor Warren and City Council to proclaim August 6,
2024, as National Night Out (Chief Dorsey, to accept).
21-3187
SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor Warren and City Council to swear in new Fontana Police Officers, Israel Govea, Richard Jackson, Londyn
Lau, Israel Matos, and Aaron Vasquez (Chief Michael
Dorsey to present).

2. Mayor Warren and City Council to recognize
Administrative Analyst I Justice Montgomery,
Administrative Technician’s Cassandra Pimentel and Taryn Sandford, and Corporal ’s Tyler Pope and Bradley Ubovich, and Officer Kyle Restemayer as May 2024 Employees of the Month (Captains Burton and Binks to present).

3. Mayor Warren and City Council to recognize Upland Fire Battalion Chief, Tony Siciliano (Fire Chief, Jeff Birchfield to 21-3183

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3 City Council Meeting Regular Agenda July 23, 2024
present).

4. Mayor Warren and City Council to recognize, GIS
Administrator, Joe Field on his retirement (Innovation and Technology Director, Jennifer Barcenas to present).

PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 21-3185
Approve the minutes of the July 9, 2024, Regular City Council Meeting.

City Council Meeting Minutes 07-09-2024.pdfAttachments:

B. Adoption of Ordinance No .1954 (Second Reading) ,
approving Master Case No. 24-044 and Municipal Code
Amendment No. 24-003: Fontana Municipal Code
amendments to Chapter 30 (Zoning and Development
Code).
21-3184
Second Reading/Adopt Ordinance No. 1954 approving Master Case No. 24-044 and Municipal Code Amendment No. 24-003: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code).

Ord. 1954.docxAttachments:

C. Adopt a Resolution Summarily Vacating a Public Easement located on the south side of Slover Avenue and east side of Citrus Avenue
21-2766

1. Find that in accordance with the California Environmental Quality Act (CEQA), the project was considered within the previously adopted

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4 City Council Meeting Regular Agenda July 23, 2024
Mitigated Negative Declaration for the future Development of an approximately 194,212 square foot warehouse located on the southeast corner of Slover Avenue and Citrus Avenue, no further environmental review is required, and direct staff to file a Notice of Determination.

2. Adopt Resolution No. 2024-060, to summarily vacate excess road right-of-way located on the south side of Slover Avenue and east of Citrus Avenue, pursuant to Section 8330, et. seq. of the California Streets and Highway Code.

Exhibit A - Legal Description of Property.pdf
Exhibit B - Deed Plat.pdf
Recorded Easement Deed - Doc # 2012-0246734.pdf
Notice of Determination.pdf
Resolution No. 2024- .pdf
Attachments:

D. Administrative Policy Revisions 21-3031

1. Adopt Resolution 2024-061 of the City Council of the City of Fontana, amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes.

2. Adopt Resolution 2024-062 of the City Council of the City of Fontana, amending Administrative Policy Section 20-55 Purchasing Card (Cal-Card).

Reso 2024-XXX Amending Sec 20-37 Gifts-Ticket
Policy.docx
Section 20-37 - Gift(s) of Tickets and Passes DRAFT
Changes in red.docx
Reso 2024-XXX Amending Sec 20-55 PCard Policy
Attachments:

E. Approve a Task Order for Geotechnical Engineering and Materials Testing Services for the Cypress Avenue Storm Drain Project
21-3091

1. Approve and authorize the City Manager to execute a Task Order in the amount of $236,896.00 with Fenagh for Geotechnical Engineering and Material Testing Services for the Cypress Avenue Storm Drain Project, Request for Proposals SQ-87-DE-19-89.

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.

Vicinity Map
Proposal
Bid Summary.docx
Attachments:

F. Approve Task Order for Engineering Design Services for 21-3103

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5 City Council Meeting Regular Agenda July 23, 2024
the Pavement Rehabilitation Project (2024)

1. Approve and authorize the City Manager to execute a Task Order in a not-to exceed amount of $118,566.00 with Engineering Resources of Southern California (ERSC) for engineering design services for the Pavement Rehabilitation Project (2024) Request for Proposal SQ-87-DE- 19-91.

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Pavement Rehabilitation Project (2024).

Cost File.pdf
Bid Results SQ-87-DE-19-91 .docx
Attachments:

G. Measure I Five Year Local Street Capital Improvement Program Amendment and Annual Adoption
21-3105
Adopt Resolution No. 2024-063, approving an amendment to the Fiscal Years 2023/2024 - 2027/2028 Measure I Five Year Local Street Capital Improvement Program (CIP) and adopting the Measure I Five Year Local Street Capital Improvement for Fiscal Years 2024/2025 - 2028/2029. 2024.07.23 File 21-3105 Measure I Five Year Local Street Capital Improvement Program Amendment and Annual
Adoption.docx
2024.07.23 File 21-3105 Attachment A
2024.07.23 File 21-3105 Attachment B
Attachments:

H. Approve a Development Impact Fee Credit Agreement
related to Parcel Map No. 20508 and Design Review No .
22-007
21-3106
Approve and authorize the City Manager to execute a Development Impact Fee Credit Agreement with CPL Slover LLC, a Delaware limited liability company, related to Parcel Map No. 20508 and Design Review No. 22-007, located north of Slover Avenue at Banana Avenue, for the required construction of offsite improvements at the intersection of Slover Avenue and Calabash Avenue.

Vicinity Map.pdf
Development Impact Fee Credit Agreement (PM No. 20508,
DR No. 22-007).pdf
Attachments:

I. Final Acceptance of Tract No. 20018 In-Tract
Improvements: Street, Sewer, Storm Drain, and Signing & Striping
21-3116

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6 City Council Meeting Regular Agenda July 23, 2024

1. Accept as complete the In-Tract Improvements: Street, Sewer, Storm Drain, and Signing & Striping for Tract No. 20018, located on the east side of Lytle Creek Road, north of Summit Avenue.

2. Adopt Resolution No. 2024-064, accepting the In-Tract sewer system for Tract No. 20018 as part of the City sewer system.

TRACT 20018 - BOND AND SUBDIVISION
IMPROVEMENT AGREEMENT.pdf
TRACT 20018 - VICINITY MAP.pdf
TRACT 20018- RECORDED TRACT.pdf
TRACT 20018 - IN-TRACT SEWER ACCEPTANCE
RESOLUTION.pdf
Attachments:

J. Approve a License Agreement with San Bernardino County Transportation Authority (SBCTA) for the Construction of the Cypress Storm Drain Project
21-3117

K. Approve a Development Impact Fee Credit Agreement
related to Parcel Map No. 20250 (TPM No. 20-015), MCN No. 20-054, Design Review No. 20-022
21-3118
Approve and authorize the City Manager to execute a Development Impact Fee Credit Agreement with Sierra Avenue Industrial, LLC, a Delaware limited liability company, related to Parcel Map No. 20250 located north of Slover Avenue between Cypress Avenue and Juniper Avenue, for the required construction of offsite improvements along Slover Avenue.

Vicinity Map - Parcel Map No. 20250 (Sierra, Fontana)

6.27.24.pdf
Development Impact Fee Credit Agrement - PM 20250.pdf
Attachments:

L. Final Acceptance of the Citrus Avenue at Ceres Avenue Traffic Signal Project
21-3119
Accept as complete the work performed by Dynalectric dba KDC Inc. for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (#37603355).

Vicinity MapAttachments:

M. Emergency Management Training Policy 21-3121
Adopt City of Fontana Emergency Management Training Policy.

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7 City Council Meeting Regular Agenda July 23, 2024
Fontana Emergency Management Training Policy.docAttachments:

N. Approve an Increase in Construction Contingency for the Courtplace Housing Development (Infrastructure
Improvements), Project Bid No. DE-24-124-SB
21-3124

1. Approve and authorize the City Manager to increase the construction contingency in the amount of $2,013,647.60, for a total contingency amount of $2,500,000.00.

2. Appropriate $1,000,000.00 from Storm Drain Fund 622, I-10 South watershed area and $170,000.00 will be allocated from Sewer Expansion Fund 623.

Vicinity Map (Courtplace Housing Development Project).pdfAttachments:

O. Accept Additional Carbon Reduction Program (CRP) Grant Funds for the San Sevaine Trail Phase 1, Segment 2 Project 21-3133
Approve and authorize the City Manager to accept the CRP Grant Funds in the amount of $1,500,000.00 for the San Sevaine Trail Phase 1, Segment 2 Project and authorize staff to request reimbursements per grant requirements.

CRP-CMAQ-STBG Award ListAttachments:

P. Adoption of the City of Fontana Emergency Management Strategic Plan
21-3134

1. Adopt the City of Fontana Emergency Management Strategic Plan.

2. Authorize the Emergency Services Coordinator to implement the Strategic Plan.

3. Approve the strategic objectives and related actions outlined in the Strategic Plan.

Fontana EM Strategic Plan.docxAttachments:

Q. Police Department Monthly Information Update 21-3138 Accept the Police Department monthly information update for May 2024.

May 2024 Report for City Council Rev.pptxAttachments:

R. Award a Construction Contract for the ARPA - Fiber to City Parks Project (Bid No. DE-24-180-SB)
21-3144

1. Award Bid and authorize the City Manager to execute a construction contract with On Demand Contractors, Inc. for the construction of the

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8 City Council Meeting Regular Agenda July 23, 2024
ARPA - Fiber to City Parks Project in the amount of $376,200.00 and authorize a 10% contingency in the amount of $37,620.00 (Bid No. DE-24 -180-SB).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the ARPA - Fiber to City Parks Project.

3. Approve a transfer of $116,542.00 from Project 37600059, ARPA Fiber to City Facilities, to Project 37200006, Jack Bulik Park.

4. Approve a transfer of $109,490.00 from Project 37600059, ARPA Fiber to City Facilities, to Project 37200007, Veterans Park.

Vicinity Map
Bid Results
Bid Detail
Attachments:

S. Police Department Donations January - June 2024 21-3149 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

PD Jan-June 2024 Donation List.pdfAttachments:

T. Authorize to Award the Purchase of Equipment and
Services to Update the Mapping System of the Fontana
Police Department Airships
21-3153

1. Approve and authorize the City Manager or his assigned designee to award the purchase of equipment, supplies and services related to the updated mapping system of the airships.

2. Approve an appropriation in the amount of $1,701,450.00 from Federal Asset Seizure (Fund 223).

Cost Breakdown.xlsxAttachments:

U. Levy of a Special Tax in Community Facilities Districts (Maintenance) for Fiscal Year 2024-2025.
21-3154
Adopt Resolution No. 2024-065, Authorizing the Levy of a Special Tax within Community Facilities Districts (Maintenance) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Attachments:

V. Levy of a Special Tax in Community Facilities District No. 1 21-3155

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9 City Council Meeting Regular Agenda July 23, 2024
(Southridge Village) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-066, Authorizing the Levy of a Special Tax in Community Facilities District No. 1 (Southridge) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Attachments:

W. Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2024-2025.
21-3156
Adopt Resolution No. 2024-067, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Location Map
Attachments:

X. Levy of a Special Tax in Community Facilities District No . 11 (Heritage West End) for Fiscal Year 2024-2025.
21-3157
Adopt Resolution No. 2024-068, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 11 (Heritage West End) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Location Map
Attachments:

Y. Levy of a Special Tax in Community Facilities District No . 12 (Sierra Lakes) for Fiscal Year 2024-2025.
21-3158
Adopt Resolution No. 2024-069, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 12 (Sierra Lakes) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Location Map
Attachments:

Z. Levy of a Special Tax in Community Facilities District No . 22 (Sierra Hills South) for Fiscal Year 2024-2025.
21-3159
Adopt Resolution No. 2024-070, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities

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10 City Council Meeting Regular Agenda July 23, 2024
District No. 22 (Sierra Hills South) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Location Map
Attachments:

AA. Levy of a Special Tax in Community Facilities District No . 31 (Citrus Heights North) for Fiscal Year 2024-2025.
21-3160
Adopt Resolution No. 2024-071, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 31 (Citrus Heights North) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AB. Levy of a Special Tax in Community Facilities District No . 37 (Montelago) for Fiscal Year 2024-2025.
21-3161
Adopt Resolution No. 2024-072, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 37 (Montelago) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Location Map
Attachments:

AC. Levy of a Special Tax in Community Facilities District No . 70 (Avellino) for Fiscal Year 2024-2025.
21-3162
Adopt Resolution No. 2024-073, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 70 (Avellino) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AD. Levy of a Special Tax in Community Facilities District No . 71 (Sierra Crest) for Fiscal Year 2024-2025.
21-3163
Adopt Resolution No. 2024-074, Authorizing the Levy of Special Tax in Community Facilities District No. 71 (Sierra Crest) for Fiscal Year 2024-2025.

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11 City Council Meeting Regular Agenda July 23, 2024
Resolution
Exhibit A
Exhibit B
Location Map
Attachments:

AE. Levy of a Special Tax in Community Facilities District No . 74B and 74M (Citrus/Summit) for Fiscal Year 2024-2025.
21-3164

1. Adopt Resolution No. 2024-075 Authorizing the Levy of a Special Tax in Community Facilities District No. 74B (Citrus /Summit) for Fiscal Year 2024-2025.

2. Adopt Resolution No. 2024-076, Authorizing the Levy of a Special Tax in Community Facilities District No. 74M (Citrus /Summit) for Fiscal Year 2024-2025.

Resolution CFD No. 74B
Resolution CFD No. 74M
Exhibit A
Exhibit B
Exhibit C
Boundary Map
Attachments:

AF. Levy of a Special Tax in Community Facilities District No . 80 (Bella Strada) for Fiscal Year 2024-2025.
21-3165
Adopt Resolution No. 2024-077, Authorizing the Levy of Special Tax in Community Facilities District No. 80 (Bella Strada) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AG. Levy of a Special Tax in Community Facilities District No . 81 (Gabriella) for Fiscal Year 2024-2025.
21-3166
Adopt Resolution No. 2024-078, Authorizing the Levy of Special Tax in Community Facilities District No. 81 (Gabriella) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AH. Levy of a Special Tax in Community Facilities District No . 21-3167

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12 City Council Meeting Regular Agenda July 23, 2024
85 (Arboretum) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-079, Authorizing the Levy of Special Tax in Community Facilities District No. 85 (The Meadows) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AI. Levy of a Special Tax in Community Facilities District No . 86 (Etiwanda Ridge) for Fiscal Year 2024-2025.
21-3168
Adopt Resolution No. 2024-080, Authorizing the Levy of Special Tax in Community Facilities District No. 86 (Etiwanda Ridge) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AJ. Levy of a Special Tax in Community Facilities District No . 87 (El Paseo) for Fiscal Year 2024-2025.
21-3169
Adopt Resolution No. 2024-081, Authorizing the Levy of Special Tax in Community Facilities District No. 87 (El Paseo) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AK. Levy of a Special Tax in Community Facilities District No . 88 (Sierra Crest II) for Fiscal Year 2024-2025.
21-3170
Adopt Resolution No. 2024-082, Authorizing the Levy of Special Tax in Community Facilities District No. 88 (Sierra Crest II) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AL. Levy of a Special Tax in Community Facilities District No . 89 (Belrose) for Fiscal Year 2024-2025.
21-3171

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13 City Council Meeting Regular Agenda July 23, 2024
Adopt Resolution No. 2024-083, Authorizing the Levy of Special Tax in Community Facilities District No. 89 (Belrose) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AM. Levy of a Special Tax in Community Facilities District No . 90 (Summit at Rosena Phase One) for Fiscal Year
2024-2025.
21-3172
Adopt Resolution No. 2024-084, Authorizing the Levy of Special Tax in Community Facilities District No. 90 (Summit @ Rosena Phase 1) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AN. Levy of a Special Tax in Community Facilities District No . 95 (Summit at Rosena Phase Two) for Fiscal Year
2024-2025.
21-3173
Adopt Resolution No. 2024-085, Authorizing the Levy of Special Tax in Community Facilities District No. 95 (Summit @ Rosena Phase 2) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AO. Levy of a Special Tax in Community Facilities District No . 99 (The Retreat) for Fiscal Year 2024-2025.
21-3174
Adopt Resolution No. 2024-086, Authorizing the Levy of Special Tax in Community Facilities District No. 99 (The Retreat) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AP. Levy of a Special Tax in Community Facilities District No . 100 (Victoria) for Fiscal Year 2024-2025.
21-3175

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14 City Council Meeting Regular Agenda July 23, 2024
Adopt Resolution No. 2024-087, Authorizing the Levy of Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AQ. Levy of a Special Tax in Community Facilities District No . 106 (Mountainview) for Fiscal Year 2024-2025.
21-3176
Adopt Resolution No. 2024-088, Authorizing the Levy of Special Tax in Community Facilities District No.106 (Mountainview) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AR. Levy of a Special Tax in Community Facilities District No . 107 (Highland) for Fiscal Year 2024-2025.
21-3177
Adopt Resolution No. 2024-089, Authorizing the Levy of Special Tax in Community Facilities District No.107 (Highland) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AS. Levy of a Special Tax in Community Facilities District No . 109 (Narra Hills) for Fiscal Year 2024-2025.
21-3178
Adopt Resolution No. 2024-090, Authorizing the Levy of Special Tax in Community Facilities District No. 109 (Narra Hills) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AT. Levy of a Special Tax in Community Facilities District No . 111 (Monterado) for Fiscal Year 2024-2024.
21-3179
Adopt Resolution No. 2024-091, Authorizing the Levy of Special Tax in Community Facilities District No. 111 (Monterado) for Fiscal Year 2024-2025.

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15 City Council Meeting Regular Agenda July 23, 2024
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AU. Levy of a Special Tax in Community Facilities District No . 112 (The Gardens Phase One) for Fiscal Year 2024-2025.
21-3180
Adopt Resolution No. 2024-092, Authorizing the Levy of Special Tax in Community Facilities District No. 112 (The Gardens Phase One) for Fiscal Year 2024-2025.

Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:

AV. Homelessness Case Management 21-3182

1. Authorize the City Manager to enter into a funding reimbursement agreement with the County of San Bernardino for case management services in the amount of $500,000 subject to City Attorney approval.

2. Adopt Resolution 2024-093 , authorizing Development Services to procure services utilizing Section 3.1.5 Non-Competitive method of the Purchasing Policy and Procedure Manual.

3. Approve a proposal and authorize the City Manager to enter into an agreement with Symba Center, a 501 (c)(3) non-profit, in the amount of $500,000 for Case Management Services at the Homelessness Prevention Resources Care Center (HPRCC) hotel located at 17133 Valley Boulevard, Fontana CA 92335 contingent upon the City entering into the funding reimbursement agreement with the County of San Bernardino.

4. Approve and authorize the City Manager to execute all future amendments to the agreement with Symba Center for Case Management Services.

Homeless Resolution - 07_23_24.docx
Exhibit A - Case Management SimbaCenter.pdf
Exhibit B -BID Proposals DE-24-140-SP .pdf
Attachments:

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you

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16 City Council Meeting Regular Agenda July 23, 2024
are in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Second General Plan Amendment and Project for the 2nd General Plan Cycle of 2024; Walnut Village Specific Plan and associated Environmental Impact Report (EIR)
21-3120
Master Case No. 22-008: General Plan Amendment No. 22-012, Zoning Code Amendment No. 24-003, Specific Plan Amendment No. 24-001 - an amendment to Figure 15.9 (Land Use Category) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan to change:
approximately 7 acres from Community Commercial ( C-C) to Multi-Family Medium to High Density Residential ( R-MFMH), approximately 5 acres from Community Commercial (C-C) to Residential Planned Community ( R-PC), approximately 38 acres from Residential Planned Community ( R-PC) to Multi-Family High Density Residential (R-MFH), approximately 10 acres from Residential Planned Community (R-PC) to Multi Family Residential ( R-MF), removal of the Auto Center Overlay designation on approximately 8.5 acres within the Walnut Village Specific Plan boundary; Development Code Amendment to revise Sections 30-635, 30-639, and 30-642 of the Zoning and Development Code to remove the Fontana Auto Center Overlay District from approximately 8.5 acres in the Walnut Village Specific Plan boundary; and a Specific Plan to include rescinding the existing Walnut Village Specific Plan and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan including new planning areas and development standards, pursuant the Program
Environmental Impact Report (PEIR) Mitigation, Monitoring and Reporting Program (MMRP) (SCH No. 2023050271) for the new Walnut Village Specific Plan.
a) Adopt Resolution No. 2024-094 (General Plan Amendment Cycle No. 2 of 2024) a Resolution of the City Council of the City of Fontana, to certify the Final Program Environmental Impact Report (FPEIR), (State Clearinghouse No. 2023050271), adopt a Statement of Overriding Consideration, a

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17 City Council Meeting Regular Agenda July 23, 2024
Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and direct staff to file a Notice of Determination; and b) Adopt Resolution No. 2024-095, (General Plan Amendment Cycle No. 2 of 2024) a Resolution of the City Council of the City of Fontana approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, a General Plan Amendment (GPA) No. 20-012 (General Plan Amendment Cycle No. 2 of 2024) to amend the General Plan land use map, Exhibit 15.8 from Community Commercial ( C-C) to Multi-Family Medium to High Density Residential (R-MFMH) for approximately 5.8 acres (APNs: 0240-121-17, -21 and -23), from Residential Planned Community ( R-PC) to Multi-Family High Density Residential ( R-MFH) for approximately 34 acres (APNs :
0240-141-01, - 03, - 05, - 06, - 07, - 08, - 15, - 18, - 19, - 20, - 21, - 22, - 23, - 24, -25, -27, -29, -30, -33, -34, -35, -37, and -38 and 0240-132-07, -08, -09, -10, -11, -12, -13, -14, -16, -17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27, -28, -29, - 31, - 32, - 33, - 34, - 35, and from Residential Planned Community (R-PC) to Multi-Family Residential ( R-MF) for approximately 8.75 acres (APNs: 0240-161-29, -33, -35, -36, -37, and - 38), within the Walnut Village Specific Plan area; and
c) Read by title only and waive further reading of and introduce Ordinance No. 1955, an Ordinance of the City Council of the City of Fontana, approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No. 24-003 to remove the Auto Center Overlay from approximately 8.5 acres (APNs: 0240-121-17, - 21, - 23, - 36, - 37, - 38, - 39, -40, - 41, - 42, - 43, - 44, and - 45) east of Sierra Avenue, north and south of South Highland Avenue, and that the reading of the title constitutes the first reading thereof; and
d) Read by title only and waive further reading of and introduce Ordinance No. 1956, an Ordinance of the City Council of the City of Fontana, approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Specific Plan Amendment No. 24-001 rescinding the existing Walnut Village Specific Plan (SP-3) and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan, and that the reading of the title constitutes the first reading thereof;

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18 City Council Meeting Regular Agenda July 23, 2024
Attachment No. 1 - Resolution to Certify EIR
Attachment No. 2 - Resolution for General Plan Amendment Attachment No. 3 - Ordinance for Zoning Code Amendment
Attachment No. 4 - Ordinance for Specific Plan
Attachment No. 5 - Exhibit A to Ordinance for Walnut Village Specific Plan
Attachment No. 6 - Planning Commission Minutes - July 2, 2024
Attachment No. 7 - Planning Commission Packet
Attachment No. 8 - Public Hearing Notice
Attachments:

B. Public Hearing to Establish Fiscal Year 2024-2025
Assessment Rates for Landscape and Lighting
Maintenance Districts.
21-3152

1. Adopt Resolution No. 2024-096 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 1 (“LMD #1” throughout the City) for Fiscal Year 2024-2025.

2. Adopt Resolution No. 2024-097 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 2 (“LMD #2” Village of Heritage) for Fiscal Year 2024-2025.

3. Adopt Resolution No. 2024-098 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3 (“LMD #3” Hunter’s Ridge) for Fiscal Year 2024-2025.

4. Adopt Resolution No. 2024-099 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3- 1 (“LMD #3-1” Empire Center) for Fiscal Year 2024-2025.

5. Adopt Resolution No. 2024-100 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Local Lighting Maintenance District No. 3 (“LLMD #3” Hunter’s Ridge) for Fiscal Year 2024-2025.

LMD 1 Resolution
LMD 2 Resolution
LMD 3 Resolution
LMD 3-1 Resolution
LLMD 3 Resolution
Attachments:

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19 City Council Meeting Regular Agenda July 23, 2024
C. An Urgency Ordinance of the City Council of the City of Fontana in Accordance with Government Code Section
65858 Extending the Moratorium on the Approval of Any
Building Permit, Occupancy Permit, Conditional Use
Permit, Variance, Subdivision Map, Design Review,
Administrative Site Plan Review or Other Land Use
Entitlement or Permit, or Regulatory License or Permit
Required to Comply with the Provisions of the Municipal Code or Specific Plan for Service Based,
Non-Entertainment Uses For An Additional Year
21-3145
Waive the reading of the text in its entirety, read by title only, and adopt Ordinance No. 1957, “AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF FONTANA IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM ON

THE APPROVAL OF ANY BUILDING PERMIT, OCCUPANCY PERMIT,

CONDITIONAL USE PERMIT, VARIANCE, SUBDIVISION MAP, DESIGN

REVIEW, ADMINISTRATIVE SITE PLAN REVIEW OR OTHER LAND USE

ENTITLEMENT OR PERMIT, OR REGULATORY LICENSE OR PERMIT

REQUIRED TO COMPLY WITH THE PROVISIONS OF THE MUNICIPAL

CODE OR SPECIFIC PLAN FOR SERVICE BASED,
NON-ENTERTAINMENT USES FOR AN ADDITIONAL YEAR”
Fontana_ GC 65858 Urgency Ordinance Extension by an
Additional One Year REV ZS.KLC-c1.docx
Ord 1924.pdf
Moratorium 10 Day Report (second extension)-c1.docx
Attachments:

CONTINUED BUSINESS:

A. Continued Business
A. Adoption of Homeless Solutions Action Plan 21-3203
Adopt Resolution 2024-101, Homelessness Solutions Action Plan and direct staff to implement strategies laid out in plan.

Homeless Action Plan Reso.docx
Homeless Action Booklet_MedRes 2.pdf
Attachments:

NEW BUSINESS:

A. New Business
A. Fiscal Year 2023-24 Fourth Quarter Budget Status Report 21-3130 Approve the recommended Fiscal Year 2023-24 Fourth Quarter Budget adjustments.

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20 City Council Meeting Regular Agenda July 23, 2024
Fiscal Year 2023-24 Fourth Quarter Budget Status
Report.pdf
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on September 10, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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21 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3196 Agenda Date: 7/23/2024
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, July 23, 2024
12:30 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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22 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3187 Agenda Date: 7/23/2024
Agenda #: A. Category: Consent Calendar
Proclamations
Tuesday, July 23, 2024
2:00 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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23 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3183 Agenda Date: 7/23/2024
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, July 23, 2024
2:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 7/18/2024Page 1 of 1
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24 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3185 Agenda Date: 7/23/2024
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the July 9, 2024, Regular City Council Meeting.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City Council will consider approval of the minutes of the July 9, 2024, Regular City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/18/2024Page 1 of 1
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City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, July 9, 2024

2:00 PM

Grover W. Taylor Council Chambers

City Council Meeting

Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer

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WORKSHOP:

A. City Council Workshop: Goal Setting

The City Council Workshop was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, July 9 , 2024. Mayor Warren called the workshop to order at 1:03 p.m. with all members of the City Council present.

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

Deputy City Manager Ray Ebert discussed proposed organization goals for Fiscal Year 2024-2025.

Mayor Pro Tem Garcia proposed the following goals proposed by the City Council:

1. Marketing and outreach

2. Ongoing management plan for Stage Red

3. Secure homeless wraparound services for The Path

4. Complete the downtown marketing plan

5. Complete 9/11 memorial project

6. Allow improvements to existing non-conforming businesses to allow them to continue to operate

7. Define and explore media outreach opportunities to provide info to the community

8. Define City's economic development strategy

9. Develop a food truck ordinance to allow operations in industrial areas

Council Member Cothran discussed improving communication and outreach strategies for the community.

Council Member Roberts discussed the contracting of emergency and non- emergency ambulance services through CONFIRE and how it would impact the city.

Council Member Sandoval discussed parks maintenance and ensuring that maintenance is a top priority particularly with playgrounds and restrooms. Also discussed deterring vandalism to ensure that all parks and amenities are available for use. Suggested opening park restrooms from dawn to dusk.

Mayor Pro Tem Garcia also suggested prioritizing public safety.

Deputy City Manager Ebert stated that the goals discussed would be updated and a final list would be provided to the Council.

City Manager Matt Ballantyne highlighted the 2023-2024 goals that were accomplished and thanked Council for the resources and staff for their efforts.

Mayor Warren thanked Council and staff.

The Workshop was adjourned at 1:38 p.m.
27

Page 3 of 8 ends

CALL TO ORDER/ROLL CALL:

A. 2:00 P.M. Call To Order/Roll Call:

The Regular Meeting of the Fontana City Council was held in the G rover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, July 9, 2024.

Mayor Warren called the Regular City Council Meeting to order at 2:04 p.m.

ROLL CALL:

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

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

ABSENT: None

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

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

PUBLIC COMMUNICATIONS:

A. Public Communications

City Clerk Key stated that seven written communications were received, sent to the Council in advance of the meeting and would be added to the record.

Danielle Holley, Executive Director of the Fontana Chamber of Commerce provided the Chamber's 4th Quarter Report and discussed recent and upcoming events and activities.

CONSENT CALENDAR:

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed by a vote of 5 -0 to approve Consent Calendar Items “A-F.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

Page 4 of 8 ends

A. Approval of Minutes 21-3141
Approve the minutes of the June 25, 2024, Regular City Council Meeting.

B. Accept Donation from Quintessential Care Health & Wellness 21-3041 (2024 Fontana Days Run)
Accept donation from Quintessential Care Health & Wellness in the amount of $2,500 for use towards 2024 Fontana Days Run.

C. Contribution for the Stage Red Opening Event 21-3113 Authorize the Deputy City Manager to execute a contract with the County of San Bernardino Board of Supervisors to accept a contribution in an amount not to exceed $50,000 for use towards the Stage Red Opening Event expenses.

D. Purchase and Sale Agreement - 8463 Nuevo Avenue 21-3126

1. Approve a Purchase and Sale Agreement for the purchase of buildings and associated land located at 8463 Nuevo Avenue, more specifically described as APN 0191-163-23.

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

E. Purchase and Sale Agreement - 16767 Spring Street 21-3127

1. Approve a Purchase and Sale Agreement for the purchase of buildings and associated land located at 16767 Spring Street, more specifically described as APNs 0191-162-21 and 0191-162-22.

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

F. Reinstatement of Resolution No. 2024-048 21-3139
Adopt the reinstated Resolution No. 2024-048, of the City Council of the City of Fontana, California. Authorize the City Clerk to replace the previous resolution with the corrected version, and direct the Finance Department to implement the corrected resolution in the upcoming tax billing cycle.

PUBLIC HEARINGS:

A. Master Case No. 24-044 and Municipal Code Amendment No. 21-3098 24-003: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code), pursuant to a categorical exemption in accordance with CEQA Guidelines section
15060(c) and 15061(B)(3).

Page 5 of 8 ends

1. Determine that this Ordinance is categorically exempted pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and,

2. Read by title only and waive further reading of and introduce Ordinance No. 1954, an Ordinance of the City Council of the City of Fontana approving Master Case No. 24-044 and Municipal Code Amendment No. 24-003 amending Chapter 30 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including modifications to requirements for drive-through restaurants; modification of certain civic building setbacks in the Form Based Code; allowance for increases to certain building heights in connection with rooftop amenities in the Sierra Core; increased building length for duplex and triplex buildings in the Form Based Code; modification to Rowhouse and Porch Frontage building types in the Form Based Code; and removal of minimum barbeque facilities requirements in the Downtown Core; and the reading of the title constitutes the first thereof

Mayor Warren opened the public hearing.

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

Senior Planner Salvador Quintanilla provided the staff report.

With no one interested to speak in favor or opposition of this item Mayor Warren closed the Public Hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed by a vote of 5 -0 to approve staff recommendation on Public Hearing Item “A ”. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

NEW BUSINESS:

A. New Business:

A. Resolutions to Place Measure on the November 5, 2024 21-3140 General Municipal Election Ballot to Enact a General Transactions and Use Tax (Sales Tax) at the Rate of One Percent (1%); To Conso lidate the General Municipal Election with the Statewide General Election, and to 30

Page 6 of 8 ends

Set the Deadline and Rules for Primary Arguments and Rebuttal Arguments Regarding the Measure.

1. Adopt Resolution No. 2024-057, A Resolution of the City Council of the City of Fontana, California calling for the placement of a general tax measure on the ballot for the November 5, 2024 general municipal election for the submission to the qualified voters of an ordinance to enact a general transactions and use tax (sales tax) at the rate of one percent (with tax ordinance included).

2. Adopt Resolution No. 2024-058, A Resolution of the City Council of the City of Fontana, California, requesting the Board of Supervisors of the County of San Bernardino to consolidate a general municipal election to be held on November 5, 2024 with the statewide general election to be held on that date pursuant to §10403 of the Elections Code.

3. Adopt Resolution No. 2024-059, A Resolution of the City Council of the City of Fontana, California, providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a City measure to be submitted on the November 5, 5054 general municipal election.

City Manager Ballantyne provided the staff report.

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran, and passed by a vote of 5 -0 to approve staff recommendation on New Business Item “A ”. The motion carried by the following vote: AYES: Warren, Garcia Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Ballantyne recognized Community Services and Public Works staff for all their hard work with the 4th of July events.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks thanked Community Services and Public Works staff for all of their hard work with the 4th of July events.

City Clerk Key thanked Community Services and Public Works staff for all their hard work with the 4th of July events.

Page 7 of 8 ends

Council Member Roberts wished City Treasurer Koehler-Brooks a happy birthday and complimented Community Services and Public Works staff for all their hard work with the 4th of July events. Also commended Fire Department staff and Upland Fire Battalion Chief Tony Cisiano for their efforts with addressing the recent 400-acre fire in South Fontana.

Council Member Sandoval wished his daughter a happy birthday. Thanked Community Services and Public Works staff for all their hard work with the 4th of July events and suggested that the fireworks show be held on July 4th.

Council Member Cothran thanked Community Services and Public Works staff for all their hard work with the 4th of July events. Also stated that goats would be placed throughout south Fontana for fire brush control.

Mayor Pro Tem Garcia thanked Community Services and Public Works staff for all their hard work with the 4th of July events. Also stated he looked forward to implementation of the 2024-2025 goals.

Mayor Warren thanked Deputy City Manager Phil lip Burum and Homeless Solutions Manager Lanea Coleman for their efforts in addressing homelessness and with the recent opening of The Path emergency shelter facility. Also thanked 2nd District County Supervisor Jesse Armendarez for their efforts in opening The Path and discussed the importance of working together as a region.

Mayor Warren also provided an update on the efforts of the US Conference of Mayors. Also thanked Police, Fire, Community Services and Public Works staff for all their hard work with the 4th of July events and thanked the community for invites to various block parties and the opportunity to connect.

ADJOURNMENT:

A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individual:

1. Thomas “Tom” Rabone

2. Wayne Evans

3. Devin Mongenel-Enriquez

Mayor Warren adjourned the meeting at 2:36 p.m. to the next Regular City Council Meeting on Tuesday, July 23 , 2024, at 2 :00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_____________________
Christina Rudsell, CMC
Deputy City Clerk

Page 8 of 8 ends

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JULY 23, 2024.

_______________________
Germaine Key
City Clerk

33 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3184 Agenda Date: 7/23/2024
Agenda #: B. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Adoption of Ordinance No. 1954 (Second Reading), approving Master Case No. 24-044 and Municipal Code Amendment No. 24-003: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code).

RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1954 approving Master Case No. 24-044 and Municipal Code Amendment No. 24-003: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code).

COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Promote economic development by establishing a quick, consistent development process. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.

DISCUSSION:

Ordinance No. 1954 was introduced by a vote of 5-0 at the July 9, 2024, Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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ORDINANCE NO. 1954

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA, CALIFORNIA, APPROVING FONTANA MUNICIPAL
CODE AMENDMENT NO. 24-003 TO AMEND MULTIPLE
SECTIONS OF CHAPTER 30, ZONING AND DEVELOPMENT
CODE, INCLUDING AMENDMENTS TO SECTION 30-491 TO FOR
DRIVE-THRU RESTAURANTS; SECTIONS 30 -361 THROUGH 30 -
363 AND 30 -366 THROUGH 30 -370 FOR SETBACKS FOR CIVIC
BUILDINGS; SECTION 30 -371.2 FOR BUILDING HEIGHTS IN

CONNECTION WITH ROOFTOP AMENITIES IN THE SIERRA
CORE DISTRICT OF THE FORM BASED CODE; SECTION 30-372

FOR MAXIMUM BUILDING LENGTH FOR DUPLEX AND
MULTIPLEX BUILDING TYPES IN THE FORM BASED CODE;
SECTION 30 -374 FOR LANGUAGE RELATED TO GROUND

FLOOR EN TRIES FOR ROWHOUSES IN THE FORM BASED
CODE; SECTION 30-381 TO MODIFY THE LANGUAGE RELATED
TO PORCH FRONTAGE TYPES; AND SECTION 30 -404.1 TO

REMOVE MINIMUM BARBEQUE FACILITIES REQUIREMENTS

FROM THE DOWNTOWN CORE , PURSUANT TO A

CATEGORICAL EXEMPTION IN ACCOR DANCE WITH CEQA
GUIDELINES SECTIONS 15060(C) , 15061(B)(3), AND SECTION 15378.

WHEREAS, pursuant to Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and

WHEREAS, Government Code sections 50022.1 to 50022.10 authorizes a city to codify and recodify its ordinances; and

WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“Code”); and

WHEREAS, the General Plan includ es policies and actions calling for numerous updates to the Code; and

WHEREAS, Section 30-491. – Special Use Regulations* . Is amended to modify the requirements for queuing, screening, seating, and design for drive -thru restaurants; and

WHEREAS, Section 30-361. – Civic district . is amended to allow the Fontana Planning Commission (“Planning Commission”) to modify building setbacks for civic buildings; and
35 Ordinance No. 1954

Page 2 of 34 ends

WHEREAS, Section 30 -362. – Station area district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-363. – Downtown gateway district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30 -366. – Transitional district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-367. – Sierra gateway district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-368. – Route 66 gateway district. is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-369. – Valley gateway district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-370. – Village gateway district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-371.2. – Sierra core. is amended to allow certain height increases in association with rooftop amenities; and

WHEREAS, Section 30 -372. – Duplex, multiplex . is amended to increase the maximum building length for duplex and multiplex building types in the Form Based Code; and

WHEREAS, Section 30 -374. – Rowhouse. is amended to allow above grade ground floors for Rowhouse building types; and

WHEREAS, Section 30 -381. – Porch. is amended to clarify the definition of covered porch; and

WHEREAS, Section 30-404.1. – Downtown Core . is amended to remove the minimum number of barbecue facilities to be provided for a multi-family project; and

WHEREAS, State law requires zoning regulations to be consistent with the General Plan and therefore updating the Municipal Code would contribute to consistency with the General Plan; and
WHEREAS, a notice of the public hearing was published in the local newspaper on Saturday, June 28, 2024, and simultaneously displayed at City Hall; and 36 Ordinance No. 1954

Page 3 of 34 ends

WHEREAS, on June 18, 2024, the Planning Commission held a public meeting on amendments to sections 30-491, 30-361 through 30 -363, 30-366 through 30 -370, 30 - 371.2, 30-372, 30-374, 30-381, and 30-404.1, (together “MCA No. 24-003”) where they received evidence and public testimony on the amendments and staff recommendations to find that the amendments promote the goals of the City’s General Plan and recommend that the Fontana City Council (“City Council”) adopt such amendments and determine that the amendments qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections N o. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. This Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on June 18, 2024, found that the amendments promote the goals of the City’s General Plan and recommended that the City Council approve the modifications to the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 2 4-003 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 2 4-003 will be in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and
WHEREAS, the amendments in MCA No. 24-003 are attached here to as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of property; and
WHEREAS, the amendments in MCA No. 2 4-003 will better expr ess the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, On June 28, 2024, the Fontana Planning Department published notice of the public hearing in the local newspaper; and
WHEREAS, on July 9, 2024, the City Council held a public meeting on MCA No. 24-003 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments; and
37 Ordinance No. 1954

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WHEREAS, the City Council carefully considered all information pertaining to MCA No. 24-003 that was presented at its public hearing on July 9, 2024; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Recitals. The recitals are true, correct and incorporated herein by this reference.

Section 2. CEQA. The City Council hereby determines that this project qualifies for a categorical exemption pursuant to CEQA Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA , that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Therefore, a Notice of Exemption is to be filed.

Section 3. Development Code Amendment Findings . The City Council hereby makes the following findings for Municipal Code Amendment No. 24-003 accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an ame ndment is
deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The City initiated the Code amendment to amend Chapter 30 to modify multiple sections to provide clarity, eliminate inconsistencies, streamline City processes, and improve the implementation of the Code which is beneficial to the community to promote public welfare and furthers good planning principals and the General Plan .

Additionally, t he amendments will provide flexibility to various development standards which will allow for various housing developments and promote the public’s health and safety or general welfare.

38 Ordinance No. 1954

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Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 24-003, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.

Section 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

Section 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

Section 8. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 23rd day of July 2024.

READ AND APPROVED AS TO LEGAL FORM:

_________________________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 9th day of July 2024, and was finally passed and adopted not less than five days thereafter on the 23rd day of July 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
39 Ordinance No. 1954

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_________________________________________
City Clerk of the City of Fontana

_________________________________________
Mayor of the City of Fontana

ATTEST:

_________________________________________
City Clerk

40 Ordinance No. 1954

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“EXHIBIT A”

AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout)

ARTICLE VI. – COMMERCIAL AND MIXED-USE ZONING DISTRICTS DIVISION 3. – USE REGULATIONS
Sec. 30-491. Special use regulations *.

This section establishes special regulations for certain permitted uses marked with an asterisk (*) in Table No. 30 -489. The specified use is permitted provided that the use conforms to the following regulations:
(1) Construction trailers. Trailers used for construction offices or watchman's quarters are permitted at a construction site with the approval of a temporary use permit as required in Article II provided:
a. Trailers are located on the same or adjacent premises as the construction site. b. Traile rs are used only during the period of construction. All trailers shall be removed prior to final project inspection.
c. Not more than one person per shift resides in the trailer if used for watchman's quarters.
d. Shall comply with provision set forth for temporary uses as defined in Article II. (2) Restaurant, drive -thru.
a. A minimum stacking distance of 132 feet shall be provided from the forward most drive-up window to the entrance of the stacking space. The stacking space shall be located completely clear of any adjacent public right -of-way and all circulation aisles provided on the site. Drive -thru aisle shall have a minimum 12 - foot-wide driveway.
b. The menu board shall be enhanced, landscaped and located to provide a minimum distance of 40 feet from the menu board to the entrance to the stacking space.
c. The drive -thru lane and parking areas visible from a public street shall be screened from view by decorative screening devices that will be integrated into the overall landscape design. Such screen ing devices may include planters, berming, landscaping, or other screening acceptable to the Director of Community Development.
41 Ordinance No. 1954

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d. A drive-thru lane is not permitted adjacent to a parcel zoned for a residential use.
e. Exterior doors on any children's play area shall be for emergency exit only. f. Outdoor dining/seating is permitted provided the parking standards of Table 30-314.A are met.
g. All new drive -thru restaurants shall have a solid decorative porte chochere above the drive -thru window. Existing dr ive-thru restaurants requesting modifications shall construct a porte chochere when sufficient space allows. a. A drive-through restaurant applicant shall provide a queuing study and plan for the business’s high volume periods, such as its grand opening. The applicant shall not queue any less than 15 vehicles.

b. The required queue area on site shall be measured from the forwardmost drive-up window to the entrance of the stacking space. The stacking space shall be located completely clear of any adjacent public right-of-way and all circulation aisles provided on site.

c. The queue area shall accommodate the morning or afternoon peak hour queue length for the facility. The peak queue length shall hold 25% of all vehicles arriving during the morning or afternoon pea k hour, whichever time provides the highest stream of traffic. The peak queue length shall be calculated using a queuing study, provided by the applicant's engineer, based on the anticipated peak hour traffic counts from three similar sized restaurants, w ith similar operational profiles, from the same franchise, located near the project site, with similar land use, operation and building size. Twenty (20) feet shall be allocated for each queued vehicle.

d. The drive-thru lane and associated parking area(s) visible from a public street shall be screened from view by a landscape berm. If berming is physically impossible, a decorative wall with caps and pilasters shall be provided or a decorative wall with caps, pilasters, and trellis work shall be provided.

Additionally, a three-foot landscape hedge at the time of planting shall be provided in front of the wall for either scenario.

e. A drive -thru lane located adjacent to a parcel zoned for residential use is not permitted.

f. A line of sight from the public right of way shall be provided for a project that includes a drive-thru lane to demonstrate the screening devices used to screen the drive-thru lane and associated parking area(s).
42 Ordinance No. 1954

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g. The menu board shall be enhanced, landscaped, and located at a minimum distance of 40 feet from the menu board to the entrance to the stacking space.

h. Exterior doors on any children's play area shall be for emergency exit only.

i. Indoor or outdoor dining/seating is required . The prop osed number of indoor or outdoor seats must be approved by the Director of Planning . Outdoor seating areas shall be designed to be consistent with the architectural style of the drive-thru restaurant, shall be located near the main pedestrian entrance and shall include tables with seating, a trash receptacle, a low fencing enclosure, and a protective structure over the entire area.

j. The outdoor dining area may include a plaza, arcade, colonnades, or courtyard design.

k. All new drive-thru restaurants shall have a solid decorative porte cochere above the drive-thru window(s). Existing drive-thru restaurants may construct a porte cochere when sufficient space allows. The porte-cochere may encroach into the required setback and right-of-way up to a maximum of two feet.

l. Building entrances shall be oriented toward the street with drive-thru lanes, pick-up window, and off -street parking facilities oriented towards the rear or side yard areas to the extent feasible. Pick -up windows shall be located near the outdoor dining area to encourage walkability.

m. Architectural treatment shall include a variety of roof lines and wall projections on all elevations of the building. The architecture of the drive -through restaurant shall be compatible with the surrounding uses in form, materials, colors, scale, design, etc.

[Remaining text of Section 30-491(2) will remain, unmodified]

Sec. 30-361. Civic district.

The civic district consists primarily of civic and institutional uses and active and passive recreation areas.

Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
43 Ordinance No. 1954

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i. Front Street 5 25* —
ii. Side Street 0 15* —
iii. Side (Interior) — — 10
iv. Rear yard — — 10

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 1/18 25/75 4/55 —
Liner 1/18 75/75 4/55 —
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Non-Residential Uses 65% of cumulative parking requirements per FMC
Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front street Min. 20 ft.

Side street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

44 Ordinance No. 1954

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Frontage Types
• Forecourt
• Arcade
• Gallery
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Description Encroachment
Horizontal Vertical
Front St. Side Rear Side min. 8 ft.
clear Arcade,
gallery,
awning
min. 2 ft. clear of curb min. 5 ft.
from PL
N/A
Balcony 4 ft. max. min. 5 ft.
from PL Bay window 4 ft. max. on upper floors
only
Eave min. 2 ft. clear of curb min. 3 ft.
from PL
min. 3 ft.
from PL
45 Ordinance No. 1954

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Sec. 30-362. Station area district.

The station area district includes the Metrolink station and Omnitrans bus terminal as the primary anchors. This area provides a transition between the retail district, the south Sierra gateway district and Chaffey College.

Residential or
Mixed-Use Density
Minimum Maximum
15 units/acre 39
units/acre
Commercial
Floor Area Ratio
(without a residential component)
— 2.0
Setback Building setback from PL
Front Side/Rear
Min. (ft.) Max. (ft) Min. (ft.)
i. Front Street 0 10 * —
ii. Side Street 0 10 * —
iii. Side (Interior) — — 0
iv. Rear yard — — 5
rail-
adjacent
— — 10

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Court 1/18 100/100 4/55 150/150
Flex 2/30 25/100 4/55 400/150
Hybrid 2/30 150/160 4/55 400/150
Liner 2/30 100/100 4/55 200/150
Live/Work 2/24 75/80 3/40 150/150
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 46 Ordinance No. 1954

Page 13 of 34 ends

2+ bedroom 1.5 spaces per unit
Non-Residential Uses No Parking Required
Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

Frontage Types
• Forecourt
• Shopfront
• Arcade
• Gallery
• Stoop
47 Ordinance No. 1954

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Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Sec. 30-363. Downtown gateway district.

The downtown gateway district is primarily intended for commercial retail and personal service uses. New development should incorporate pedestrian elements to help serve as a transition to surrounding land uses.

Residential or
Mixed-Use Density
Minimum Maximum
15 units/acre 39 units/acre
Commercial
Floor Area Ratio
(without a residential component)
— 2.0
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 5 35 * —
ii. Side Street 5 20 * —
iii. Side (Interior) — — 0
iv. Rear yard — — 15

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 2/30 25/100 5/70 400/150
Hybrid 3/40 150/160 5/70 400/150
Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
48 Ordinance No. 1954

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Court 2/24 100/100 5/70 150/150
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 2+ bedroom 1.5 spaces per unit
Non-Residential Uses No parking required
Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 5 ft.

Rear property/rear alley 0 ft./min. ft.

49 Ordinance No. 1954

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Frontage Types
• Forecourt
• Lightcourt
• Shopfront
• Arcade
• Gallery
• Stoop
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Description Encroachment
Horizontal Vertical
Front St. Side Rear Side min. 8 ft.
clear Arcade,
gallery,
awning
min. 2 ft. clear of curb min. 5 ft.
from PL
N/A
Balcony 4 ft. max.
50 Ordinance No. 1954

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Bay window 4 ft. max. on upper floors
only
min. 5 ft.
from PL
Eave min. 2 ft. clear of curb min. 3 ft.
from PL
min. 3 ft.
from PL

Sec. 30-366. Transitional district.

The transitional district is adjacent to more intense commercial uses providing a transition to more sensitive uses, such as residential. This district includes a mixture of commercial office, retail, personal services, and residential.

Multi-Family or Mixed-Use Density Minimum Maximum
12 units/acre 39 units/acre
Detached Single-Family Density 3 units/acre 12 units/acre Commercial Floor Area Ratio — 2.0
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 10 30 * —
ii. Side Street 10 15 * —
iii. Side (Interior) — — 5
iv. Rear yard — — 20

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Court 2/30 100/100 3/40 150/150
Live/Work 1/18 75/80 3/40 150/150
Rowhouse 1/18 125/125 3/40 125/150
Rosewalk &
Bungalow
Court
1/18 75/100 3/40 150/150
Duplex,
Multiplex
1/18 50/100 3/40 75/100
Single Family 1/18 50/100 3/40 —
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

51 Ordinance No. 1954

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W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 2+ bedrooms 1.5 spaces per unit
Non-Residential Uses 65% of cumulative parking requirements per FMC (no parking required in downtown)
Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 30 ft.

Side Street Min. 10 ft.

Side interior 5 ft.

Rear property/rear alley Min. 5 ft.

Frontage Types
• Forecourt
• Stoop
• Porch
52 Ordinance No. 1954

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• Shopfront
• Dooryard
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Sec. 30-367. Sierra gateway district.

The Sierra gateway district is intended to encourage pedestrian-oriented development and land uses. Uses are to include a mix of medium- to high-density residential, retail and services, office, entertainment, education, and open space.

Residential or Mixed-Use Density Minimum Maximum
18 units/acre 39 units/acre
Commercial Floor Area Ratio (without
residential component)
— 2
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 0 10 * —
ii. Side Street 0 10 * —
iii. Side (Interior) — — 0
iv. Rear yard — — 5

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 1/30 25/100 4/60 400/150
Hybrid 3/40 150/160 5/70 400/150
53 Ordinance No. 1954

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Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
Rowhouse 2/24 75/80 3/40 150/150
Frontage Coverage 50% minimum
When the development project is
5 acres or more in size and does
not include any residential uses,
frontage coverage can be
reduced to 25% at the discretion
of the Planning Commission if it
can be determined that the
reduced frontage benefits public
safety.

Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 2+ bedrooms 1.5 spaces per unit
Non-Residential Uses 65% of cumulative parking requirements per FMC Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

54 Ordinance No. 1954

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Frontage Types
• Forecourt
• Storefront
• Arcade
• Gallery
• Stoop
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Page 22 of 34 ends

Eave min. 2 ft. clear of curb min. 3 ft.
from PL
min. 3 ft.
from PL

Sec. 30-368. Route 66 gateway district.

The Route 66 gateway district is primarily intended for commercial retail and personal service uses with incorporated automobile uses that have traditionally been located along the corridor.

Residential or Mixed-Use Density Minimum Maximum
18 units/acre 39 units/acre
Commercial Floor Area Ratio (without a
residential component)
— 2.0
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 0 10 * —
ii. Side Street 0 10 * —
iii. Side (Interior) — — 0
iv. Rear yard — — 5

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 1/30 25/100 4/60 400/150
Hybrid 3/40 150/160 5/70 400/150
Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
Rowhouse 2/24 75/80 3/40 150/150
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Hotels may be allowed to a maximum of seven stories and 90 feet in height.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 56 Ordinance No. 1954

Page 23 of 34 ends

2+ bedrooms 1.5 spaces per unit
Non-Residential Uses 65% of cumulative parking requirements per FMC Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

Frontage Types
• Forecourt
• Lightcourt
• Storefront
• Arcade
• Gallery
• Stoop
57 Ordinance No. 1954

Page 24 of 34 ends

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Sec. 30-369. Valley gateway district.

The Valley gateway district is intended to encourage pedestrian and transit-oriented development. Land uses should include a mixture of housing types, retail and services, general and medical office, entertainment and education.

Residential or Mixed-Use Density Minimum Maximum
20 units/acre 39 units/acre
Commercial Floor Area Ratio (without
residential component)
— 2.0
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 0 10 * —
ii. Side Street 0 10 * —
iii. Side (Interior) — — 0
iv. Rear yard — — 5

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 2/30 25/100 5/70 400/150
Hybrid 3/40 150/160 5/70 400/150
Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
58 Ordinance No. 1954

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Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Hotels may be allowed to a maximum number of seven stories and 90 feet in height.

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

59 Ordinance No. 1954

Page 26 of 34 ends

Frontage Types
• Forecourt
• Storefront
• Arcade
• Gallery
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Page 27 of 34 ends

Eave min. 2 ft. clear of curb min. 3 ft.
from PL
min. 3 ft.
from PL

Sec. 30-370. Village district.

The Village district is intended to provide an alternative to conventional subdivision development with a mixture of housing types, neighborhood-service retail, and open space.

Residential or Mixed-Use Minimum Maximum

2.1 units/acre 24 units/acre
Commercial Floor Area Ratio (without
residential component)
— 1.0
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 10 25 * —
ii. Side Street 10 20 * —
iii. Side (Interior) — — 5
iv. Rear yard — — 10

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 2/30 25/100 5/70 400/150
Hybrid 2/30 150/160 5/70 400/150
Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
Rowhouse 2/24 125/125 3/40 —
Court 2/24 100/100 5/70 150/150
Single Family 1/15 50/75 3/40 75/100
Duplex,
Multiplex
1/18 50/100 3/40 75/150
Rosewalk or
Bungalow Ct.
1/18 75/100 3/40 150/150
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

61 Ordinance No. 1954

Page 28 of 34 ends

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

Frontage Types
• Forecourt
• Storefront
• Arcade
62 Ordinance No. 1954

Page 29 of 34 ends

• Gallery
• Stoop
• Porch
• Dooryard
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Sec. 30-371.2. Sierra core.

The Sierra core is the commercial core of Fontana and functions as the city center.

Uses include a mixture of commercial, retail, entertainment, office, and residential.

Building placement shall be close to the streets and integrated within the pedestrian realm. Architectural features should provide shade and variation in building design.

Capacity
Min. Max.

Residential or mixed-use density 24 DU/Ac 70 DU/Ac
Commercial FAR (retail and restaurants) Refer to Sec.
30-405 for
frontages that
require ground
floor
commercial

2.0 63
Ordinance No. 1954

Page 30 of 34 ends

Setbacks
Min. (ft.) Max. (ft.)
Front Street 0 10
64 Ordinance No. 1954

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Side Street 0 10
Side (Interior) 0 —
Rear Yard 5 —
Stepback* 10 —
* Applies to rear and side (interior) at 35' high, when adjacent to the neighborhood core.

Building Height
Frontage Coverage 80% min.

Height** 35' max.
55' max. within 75' of side street property
line
70' max. with min. 75' stepback from side
street and 15' from Sierra Ave Property
Line.*
Ground Floor Commercial Height** 12 ft. Min.
 The maximum height along Sierra Ave may be increased to 45’ and to 70’ along the side street stepbacks for projects that provide a rooftop amenity. The rooftop amenity must be located along a street frontage with a maximum height of 45’ and minimum width of 15’.

[Remaining text of 30-371.2 will remain, unmodified]

Sec. 30-372. Duplex, multiplex.

Description: The duplex building type is a small - to medium -sized structure that consists of two side-by-side or stacked dwelling units, both facing the street, and within a single building massing. This type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single -family neighborhoods or medium-density neighborhoods. It enables appropriately -scaled, well -designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

The multiplex is a medium structure that consists of three —six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front.

This type has the appearance of a medium-sized family home and is appropriately scaled to fit sparingly within primarily single -family neighborhoods or into medium -density neighborhoods. This type enables appropriately -scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

Allowed In: Transitional, Multi-Family & Village

65 Ordinance No. 1954

Page 32 of 34 ends

Lot Size: Width: 50 ft. min.

Depth: 100 ft. min.

Pedestrian
Access:

Main entrance location: Primary street

Vehicle
Access &
Parking:

On corner lots, each lot shall front a separate street Parking spaces may be enclosed, covered, or open.

Frontages:

Porch
Stoop
Dooryard

Private Open
Space:

Minimum width: 8 ft.

Minimum depth: 8 ft.

Minimum area: 64 sq. ft.

Building Size
& Massing:

Length along frontage: 36 ft. max. for duplex and
350 ft. max. for multiplex
Length along side yard: 80 ft. max. 200 ft. max.

[Remaining text of 30-372 to remain, unmodified]

Sec. 30-374. Rowhouse.

Description: A small - to medium -sized building comprised of five or more attached dwelling units arrayed side by side., with Tthe ground floor can be raised above grade in order to provide privacy for ground floor rooms. The primary building should sit at the front of the property, with the garage at the rear, separated from the primary building by a rear yard. Each dwelling unit is directly accessed from the front yard/street or walking path leading to the street. This The Rowhouse type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This type enables appropriately -scaled, well-designed higher densities and is important for providing a bro ad choice of housing types and promoting walkability.

[Remaining text of 30-374 to remain, unmodified]

Sec. 30-381. Porch.
66 Ordinance No. 1954

Page 33 of 34 ends

In the porch frontage type, the main facade of the building is set back from the frontage line. The resulting front yard can be is defined by a low wall or fence to spatially maintain the edge of the street, and is covered by a patio. A projecting porch uses part of the front yard space for a porch that is open on three sides above the low wall or fence .

The engaged porch has two adjacent sides of the porch that are attached to the building while the other two sides are open.

Size
Width 8 ft. min.

Depth 6 ft. min.

Height 8 ft. min.

Finish level above sidewalk (Optional) 18 in. min.

Path of travel 3 ft. wide min.

Design Standard
Porches must be open on at least two sides and have a roof.

(Ord. No. 1923, § 5(Exh. A), 9-12-23)

Sec. 30-404.1. Downtown core open space requirements.

Common Open Space Required
Amenities Required
67 Ordinance No. 1954

Page 34 of 34 ends

Developers shall provide on-site recreational facilities as a minimum requirement for all multi-family projects.
(1) Development with less than 35 units shall provide a minimum of 10 percent of the project lot area as common open space (private open space that exceeds the minimum may be counted towards the common open space requirement) and shall provide one of the follo wing recreational facilities, or equivalent, as approved by the Director of Planning:
a. Indoor gym/fitness facility (minimum 500 square feet). b. Tot-lot with multiple play equipment.
c. Spa and pool (minimum 25 yard by 15 yards).
d. Barbecue facility equipped with built-in grill, picnic benches, etc. (minimum of three areas).
[Remaining text of 30-404.1 to remain, unmodified]

68 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2766 Agenda Date: 7/23/2024
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adopt a Resolution Summarily Vacating a Public Easement located on the south side of Slover Avenue and east side of Citrus Avenue
RECOMMENDATION:

1. Find that in accordance with the California Environmental Quality Act (CEQA), the project was considered within the previously adopted Mitigated Negative Declaration for the future Development of an approximately 194,212 square foot warehouse located on the southeast corner of Slover Avenue and Citrus Avenue, no further environmental review is required, and direct staff to file a Notice of Determination.

COUNCIL GOALS:
· To promote economic development by pursuing business retention, expansion, and attraction.

DISCUSSION:

The City of Fontana currently holds an easement for street, highway, and public utility purposes, as granted in Easement Deed recorded June 19, 2012, Instrument No. 2012-0246734, in the Official Records of the County of San Bernardino, State of California.

In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), on April 27, 2021, the City Council, pursuant to Resolution 2021-023, adopted a Mitigated Negative Declaration (“MND”), adopted environmental findings pursuant to CEQA, and adopted a Mitigation Monitoring And Reporting Program for the future Development of an approximately 194,212 square foot warehouse located on the southeast corner of Slover Avenue and Citrus Avenue. Further, the City Council approved project Master Case No. 20- 050, General Plan Amendment No. 20-014, Zone Change No. 20-014, Development Agreement No. 21-001, and Design Review No. 20-020 to construct an approximately 194,212 square foot warehouse building and associated improvements on an 8.75-acre property on one vacant parcel of land, located on the south side of Slover Avenue and east of Citrus Avenue (Assessor Parcel Number 0255-011-36), the property located at 16171 Slover Avenue. Now that the final engineering is completed for the property, staff has determined that portions of the existing easement is in excess of public improvements, thereby rendering the portions of the previously dedicated easement City of Fontana Printed on 7/18/2024Page 1 of 2
powered by Legistar™
69 File #: 21-2766 Agenda Date: 7/23/2024
Agenda #: C. Category: Consent Calendar
unnecessary for street and public utility purposes.

Staff has reviewed and considered the information contained in the adopted MND and all supporting documentation. Any comments received concerning the proposed vacation have been examined and determined to not modify the significant conclusions of the MND. No additional feasible mitigation measures are necessary to reduce the environmental impacts of the vacation because all impacts of the vacation are either less than significant or will be mitigated to a level of less than significant through compliance with the existing mitigation. Further, none of the conditions triggering the need for subsequent environmental review have occurred pursuant to State CEQA Guidelines section 15162.

Therefore, staff recommends that portions of the existing easement be vacated and the adjacent property owner, Duke Realty Citrus & Slover LP, a Delaware limited partnership, will have unencumbered use of the property.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/18/2024Page 2 of 2
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70 EXHIBIT “B”

VACATION

LEGAL DESCRIPTION

Page 3 of 7 ends

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PARCEL 1

BEING A PORTION OF THAT CERTAIN CORRECTED EASEMENT DEED RECORDED JUNE 19, 2012 AS DOCUMENT NO. 2012-0246734 OF OFFIC IAL RECORDS OF SAN

BERNARDINO COUNTY, CALIFORNIA IN THE CITY OF FONTAN A, LYING WITHIN SECTION 30, TOWNSHIP 1 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARRY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF CITRUS AVENUE (VARIABLE HALF WIDTH EASTERLY) AND SLOVER AVENUE (V ARIABLE HALF WIDTH SOUTHERLY) AS SHOWN BY PARCEL MAP NO. 20367 ON FILE IN BOOK 258 OF PARCEL MAPS AT PAGES 1 AND 2, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; THENCE NORTH 89°30’06” EAST ALONG SAID CENTERLINE OF SLOVER AVENUE, A DISTANCE OF 271.10 FEET TO A POINT THEREON;
THENCE LEAVING SAID CENTERLINE, SOUTH 00°29’54” EAST, A D ISTANCE OF

69.00 FEET FOR THE TRUE POINT OF BEGINNING , BEING THE NORTHEASTERLY CORNER OF PARCEL ”B” AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT LLA 16-012, AS EVIDENCED BY DOCUMENT REC ORDED MAY 30, 2017 AS INSTRUMENT NO. 2017-0219990 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY,

BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 18.50 FEET TO WHICH A RADIAL LIN E BEARS NORTH 44°51’26” EAST;

THENCE SOUTHEASTERLY ALONG SAID CURVE AND THE NORTHERLY L INE OF SAID PARCEL “A”, TO THE RIGHT, THROUGH A CENTRAL AN GLE OF 23°04’59”, AN ARC DISTANCE OF 7.45 FEET TO A POINT WHICH A RADIAL LIN E BEARS NORTH 67°56’25” EAST;
THENCE NORTH 04°01’35” EAST, A DISTANCE OF 1.89 FEET TO T HE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4.00 FEET;

THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID C URVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 94°31’29”, AN ARC DISTANCE OF 6.60 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 69.00 FEET, MEASURED AT A RIGHT ANGLE, TO SAID CENTERLINE OF SL OVER AVENUE (69.00 FEET HALF WIDTH SOUTHERLY) AS SHOWN ON SAID PARCEL MAP;
THENCE SOUTH 89°30’06” WEST ALONG SAID PARALLEL LINE, A D ISTANCE OF

0.20 FEET TO THE TRUE POINT OF BEGINNING .

CONTAINING 8.00 SQUARE FEET, MORE OR LESS.

EXHIBIT "A"
SHEET 3 OF 7
CITY INDEX NO. 6263
EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
4 4 OF 8
SHEET 1 OF 5
CITY INDEX NO. 6263
SHEET 1 OF 4
71 EXHIBIT “B”

VACATION

LEGAL DESCRIPTION

Page 4 of 7 ends

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PARCEL 2

BEING A PORTION OF THAT CERTAIN CORRECTED EASEMENT DEED RECORDED JUNE 19, 2012 AS DOCUMENT NO. 2012-0246734 OF OFFIC IAL RECORDS OF SAN

BERNARDINO COUNTY, CALIFORNIA IN THE CITY OF FONTAN A, LYING WITHIN SECTION 30, TOWNSHIP 1 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARRY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF CITRUS AVENUE (VARIABLE HALF WIDTH EASTERLY) AND SLOVER AVENUE (V ARIABLE HALF WIDTH SOUTHERLY) AS SHOWN BY PARCEL MAP NO. 20367 ON FILE IN BOOK 258 OF PARCEL MAPS AT PAGES 1 AND 2, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; THENCE NORTH 89°30’06” EAST ALONG SAID CENTERLINE OF SLOVER AVENUE, A DISTANCE OF 804.44 FEET TO A POINT THEREON;
THENCE LEAVING SAID CENTERLINE, SOUTH 00°29’54” EAST, A D ISTANCE OF

58.00 FEET FOR THE TRUE POINT OF BEGINNING, BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF SLOVER AVENUE (VARIES, 58.00 FEET HALF WIDTH SOUTHERLY AT THIS

POINT) AS SHOWN ON SAID PARCEL MAP, ALSO BEING ON T HE NORTHERLY LINE OF PARCEL ”A” AS SHOWN ON CERTIFICATE OF COMPLIANCE FO R LOT LINE ADJUSTMENT LLA 16-012, AS EVIDENCED BY DOCUMENT RECORDED MAY 30, 2017 AS INSTRUMENT NO. 2017-0219990 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, SAID POINT ALSO BEING SOUTH 89°30’06” WEST ALONG THE NORTHERLY LINE OF SAID PARCEL “A” AND SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 76.10 FE ET FROM THE NORTHEASTERLY CORNER OF SAID PARCEL ”A”;
THENCE THE FOLLOWING THREE (3) COURSES ARE ALONG SAID NOR THERLY LINE OF SAID PARCEL “A”
1) SOUTH 43°44’01” WEST, A DISTANCE OF 18.67 FEET;
2) SOUTH 89°30’06” WEST, A DISTANCE OF 61.95 FEET;
3) NORTH 46°15’59” WEST, A DISTANCE OF 19.18 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 58.00 FEET, MEA SURED AT A RIGHT ANGLE, TO SAID CENTERLINE OF SLOVER AVENUE (58.00 FEET HAL F WIDTH SOUTHERLY) AS SHOWN ON SAID PARCEL MAP;
THENCE NORTH 89°30’10” EAST ALONG SAID PARALLEL LINE, A D ISTANCE OF

88.72 FEET TO THE TRUE POINT OF BEGINNING .

CONTAINING 1008 SQUARE FEET, MORE OR LESS.

EXHIBIT "A"
SHEET 4 OF 7
CITY INDEX NO. 6263
EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
5 OF 8
SHEET 2 OF 5
CITY INDEX NO. 6263
SHEET 2 OF 4
72 EXHIBIT “B”

VACATION

LEGAL DESCRIPTION

Page 5 of 7 ends

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PARCEL 3

BEING A PORTION OF THAT CERTAIN CORRECTED EASEMENT DEED RECORDED JUNE 19, 2012 AS DOCUMENT NO. 2012-0246734 OF OFFIC IAL RECORDS OF SAN

BERNARDINO COUNTY, CALIFORNIA IN THE CITY OF FONTAN A, LYING WITHIN SECTION 30, TOWNSHIP 1 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARRY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF CITRUS AVENUE (VARIABLE HALF WIDTH EASTERLY) AND SLOVER AVENUE (V ARIABLE HALF WIDTH SOUTHERLY) AS SHOWN BY PARCEL MAP NO. 20367 ON FILE IN BOOK 258 OF PARCEL MAPS AT PAGES 1 AND 2, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; THENCE SOUTH 00°03’50” EAST ALONG SAID CENTELINE OF CITRU S AVENEUE, A DISTANCE OF 595.19 FEET;
THENCE LEAVING SAID CENTERLINE, NORTH 89°56’10” EAST, A D ISTANCE OF

48.00 FEET FOR THE TRUE POINT OF BEGINNING , BEING A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 48.00 FEET, MEASURED AT A RIGHT ANGLE, TO SAID

CENTERLINE OF SAID CITRUS AVENUE TO WHICH A RADIAL LINE BEARS SOUTH 46°10’28” WEST, SAID POINT ALSO LYING SOUTH 00°03'5 0" EAST, A DISTANCE OF 99.08 FEET FROM THE SOUTHWESTERLY CORNER OF PARCEL ”B” ” AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT L LA 16-012 AS EVIDENCED BY DOCUMENT RECORDED MAY 30, 2017 AS INSTRUMENT NO. 2017-0219990 OF OFFICIAL

RECORDS OF SAID COUNTY, BEING A POINT ON THE EASTER LY RIGHT OF WAY LINE OF CITRUS AVENUE (VARIES, 48.00 FEET HALF WIDTH EASTERLY AT THIS POINT) AS SHOWN

ON SAID CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT, THENCE SOUTH 00°03’50” EAST ALONG SAID PARALLEL LINE, A DI STANCE OF

52.10 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT LLA 16-012 TO TH E BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADI US OF 18.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 46°18’07” WEST;

THENCE THE FOLLOWING SIX (6) COURSES ARE ALONG THE WESTER LY LINE OF SAID PARCEL “A” AND SAID EASTERLY RIGHT OF WAY;

1) NORTHEASTERLY AND EASTERLY ALONG SAID CURVE, TO TH E RIGHT, THROUGH A CENTRAL ANGLE OF 46°14’17”, AN ARC DISTANCE OF 14.53 FEET;

EXHIBIT "A"
SHEET 5 OF 7
CITY INDEX NO. 6263
EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
6 OF 8
SHEET 3 OF 5
CITY INDEX NO. 6263
SHEET 3 OF 4
73 EXHIBIT “B”

VACATION

LEGAL DESCRIPTION

Page 6 of 7 ends

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2) NORTH 89°56’10” EAST, A DISTANCE OF 4.50 FEET;

3) NORTH 00°03’50” WEST, A DISTANCE OF 41.00 FEET;

4) SOUTH 89°56’10” WEST, A DISTANCE OF 4.50 FEET TO T HE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 18.00 FEET;

5) WESTERLY AND NORTHWESTERLY ALONG SAID CURVE, TO TH E RIGHT, THROUGH A CENTRAL ANGLE OF 46°14’17”, AN ARC DISTA NCE OF 14.53 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 762 SQUARE FEET, MORE OR LESS.

SEE PLAT ATTACHED HERETO AS EXHIBIT “B” AND MADE A PART HEREOF.

PREPARED UNDER MY SUPERVISION

_____________________________ ______________
MICHAEL E. JOHNSON, L.S. 7673 DATE

PREPARED BY: ______

CHECKED BY: ______
08/09/22
EXHIBIT "A"
SHEET 6 OF 7
CITY INDEX NO. 6263
EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
7 OF 8
SHEET 4 OF 5
CITY INDEX NO. 6263
SHEET 4 OF 4
74 WEBBNWES
08/09/22
EXHIBIT "B"

DEED PLAT
CITY INDEX NO. 6263

QUITCLAIM
8 8
5 5
75 Recording Requested by
City of Fontana
When Recorded Mail To:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
ATTN: Engineering Division
APN: 0255- 011 - 01; - 02; - 03
Recorded in Official Records, County of San Bernardino 6/ 19/ 2012

DENNIS DRAEGER
4: 29 PM
9AIq NAR01} ASSESSOR — RECORDER — CLERK
ALS
338 City of Fontana — Dvlpmnt Svs
Doc #: 2012- 0246734 Titles: 1 Pages: 9
Fees 0. 00
Taxes 0. 00
Other 0. 00
PAID 0. 00
No Recording Fee required; this
document is Exempt from Fee pursuant
to Government Code Section 2738
Documentary Tax Due: $ None

THIS CORRECTED EASEMENT DEED IS RECORDED FOR

THE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION
AND DEED PLAT RECORDED DECEMBER 18, 2008 AS
INSTRUMENT NO. 2008 - 0559087.

Corrected Easement Deed
CITY INDEX NO. 5f 1a
76 Recording Requestedby
City of Fontana
When Recorded Mail To:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
ATTN: Engineering Division
APN: 0255 - 011 - 01; - 02; - 03
Address: SE Corner of Citrus Ave and Slover Ave.

Building Permit
No Recording Fee required; this
document is Exempt from Fee pursuant
to Government Code Section 27383.

Documentary Tax Due: $ None
By:

Easement Deed
Grantors) Citrus and Slover, LLC, a California limited liability company FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, doeshereby grantto the City of Fontana, a Municipal Corporation, an Easementfor street, highway andpublic utility purposesover, under, andupontherealpropertyis theCity of Fontana, Countyof SanBernardino, State of California described as follows:

See attached legal description Exhibit " A" Sheets 3 -5 of 8.

Said described parcels are a shown on Deed Plat, ( Exhibit " B ") Sheets 6 - 8 of 8.

This document was prepared under supervision of
r-
RQ J C -i1- VL
Peter Weilbacher, L. S. 8403 Date
Sheet 1 of 8
G
City Index No. S
77 Dated this day of 1, r ) 20
Print Name)

CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT
State of
County of j7119S
On 6 / before me, lJ%(Z/ Q'

DATE NAME, TITLE OF O ICER
personally app red
i y iet) er' NAME( S) OF SIGNER( S)
wl
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is /ate subscribed to the within instrument and acknowledged to me that he /she4hey executed the same in his /hQ;4lcir authorized capacity(iea), and that by his /hep4heir signature( s) on the instrument the person(.•), or the entity upon behalf of which the person(s), acted, executedthe 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.

SIG' VATURE OF NOTARY

CITY OF FONTANA ACCEPTANCE CERTIFICATE
SHEEDEH MAL•EVOUR
Commission * 191036
Notary Public • California
r Lot Angeles COU"
MyComm. ExiresNow21 2014
This is to certify that the interest in real property conveyedby the deedor grant deeddated c, - 11H • 12— from Citrus and Slover, LLC, a California limited liability companyto the City of Fontana, California, a Municipal Corporation, is hereby acceptedby the unde ' d officer pursua o a ority conferred by resolution of the City Council adoptedon y 16, 991; an ee onsentsto the recordation thereof by its duly authorized officer.

By:

Ricardo Sandoval, P. E., P. L. S.

City Engineer
City of Fontana
Sheet 2 of 8
City Index No. 5 110
78 EXHIBIT " A"

RIGHT - OF - WAY DEDICATION

CITRUS AVENUE & SLOVER AVENUE

LEGAL DESCRIPTION
BEING A PORTION OF THE WEST 13. 35 ACRES OF LOT 748, ACCORDING TO

MAP SHOWING SUBDIVISION OF LANDS BELONGING TO THE SEMI - TROPIC

LAND AND WATER COMPANY, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 12 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTERLINE INTERSECTION OF CITRUS AVENUE AND SLOVER AVENUE AS SHOWN ON SAID MAP; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID CITRUS AVENUE, SOUTH 00 017' 56" WEST, 660. 12 FEET TO THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 748;

THENCE EASTERLY ALONG SAID PROLONGATION AND SOUTH LINE, NORTH 89 052' 20" EAST, 43. 00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 18. 00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 89 046' 20" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 004' 16 ", AN ARC LENGTH OF 28. 30 FEET; THENCE SOUTH 89 ° 42' 04" EAST, 4. 50 FEET; THENCE NORTH 00 017' 56" EAST, 41. 00 FEET; THENCE NORTH 89 042' 04" WEST, 4. 50 FEET

TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 18. 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46 014' 18 ", AN ARC LENGTH OF 14. 53 FEET; THENCE NORTH 00 017' 56" EAST, 116. 91 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 18. 50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 44 020' 15" WEST; THENCE

NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44 ° 38' 11 ", AN ARC LENGTH OF 14. 41 FEET; THENCE SOUTH 89 ° 42' 04" EAST, 4. 50 FEET; THENCE NORTH 00 017' 56" EAST, 53. 01 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 23. 50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 01031' 07" EAST; THENCE

NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 045' 58 ", AN ARC LENGTH OF 20. 00 FEET; THENCE NORTH 00 017' 56" EAST,

65. 38 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 150. 46 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 002' 10 ", AN ARC LENGTH OF 36. 86 FEET; THENCE NORTH 14 020' 06" EAST, 42. 46 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 174. 46 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 °02' 10 ", AN ARC LENGTH OF

42. 74 FEET; THENCE NORTH 00 017' 56" EAST, 130. 00 FEET; THENCE NORTH 45 005' 07" EAST, 53. 54 FEET; THENCE NORTH 89 052' 18" EAST, 32. 10 FEET TO THE

Page 3 of 8 ends

CITY INDEX NO.
y
79 BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 52. 50 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 039' 51 ", AN ARC LENGTH OF 20. 77 FEET TO A POINT OF REVERSE CURVATURE; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 77. 00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 039' 55 ", AN ARC LENGTH OF

30. 46 FEET; THENCE NORTH 89 ° 52' 18" EAST, 83. 83 FEET TO THE BEGINNING OF

A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF

18. 50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 45 013' 39" EAST;

THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37 048' 51 ", AN ARC LENGTH OF 12. 21 FEET; THENCE NORTH 89 ° 52' 18" EAST,

48. 26 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 18. 50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 83 017' 54" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37048' 51", AN ARC LENGTH OF 12. 21 FEET; THENCE NORTH 89 ° 52' 18" EAST, 73. 16 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 77. 50 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 037' 12 ", AN ARC LENGTH OF 30. 60 FEET TO A POINT OF REVERSE CURVATURE; SAID

POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 52. 50 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 037' 12 ", AN ARC LENGTH OF 20. 73 FEET; THENCE NORTH 89 052' 18" EAST, 106. 21 FEET; THENCE NORTH 87 ° 54' 05" EAST 29. 09 FEET; THENCE NORTH 89 052' 18" EAST 127. 50 FEET; THENCE SOUTH 45 053' 47" EAST 19. 18 FEET; THENCE NORTH 89 °52' 18" EAST 61. 95 FEET; THENCE NORTH 44 006' 13" EAST 18. 67 FEET; THENCE NORTH 89 °52' 18" EAST 76. 25 FEET TO THE EAST LINE OF THE WEST 13. 35 ACRES OF SAID LOT 748; THENCE NORTHERLY

ALONG SAID EAST LINE AND IT' S NORTHERLY PROLONGATION NORTH 00 018' 20" EAST, 58. 00 FEET TO THE CENTERLINE OF SAID SLOVER AVENUE; THENCE WESTERLY ALONG SAID CENTERLINE SOUTH 89 052' 18" WEST, 881. 13 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ANY PORTION PREVIOUSLY DEDICATED FOR ROAD PURPOSES.

AREAS AND DISTANCES COMPUTED TO CENTERS OF ADJOINING STREETS AS SHOWN ON SAID MAP.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0. 623 ACRES, MORE OR LESS.

Page 4 of 8 ends

silo
80 SHOWN ON EXHIBIT " B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PETER E. WEILBACHER, PLS
DATE: ( - 11 - q-
Ho. « m t

Page 5 of 8 ends

81 N89. 52' 20 " E

43. 00'
RAP)
C13
L19
A.P. N. 0255 - 011 - 10)
EXHIBIT " B"

THIS MAP IS PROVIDED FOR

ILLUSTRATIVE PURPOSES ONLY
D) N44* 20, 15 w IIE CITRUS A VENUE
RA D) N50. 17' 05 " E
N00. 17' 56 " E (
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DENOTES PARCEL DESCRIBED
AREA= 0. 623 ACRES
JO

PETER WEILBACHER, PLS DATE
SHEET6 OF81
CITY INDEX NO. 5114
L 10 -
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SEE SHEET 7
1 OF 8
PETER 0
EDWARD

WEILBACHER
Exp. 06/ 30/ 14
N0. 8403
NOTE:

SEE SHEET 8 FOR LINE & CURVE TABLES SCALE 1" = 100'
AND EASEMENT INFORMATION.

CANYON

EXHIBIT B
APN: 0255- 011 - 01;
C Efl PORTION OF THE WEST 13. 35 ACRES OF LOT 748,

ACCORDING TO THE PLAT SHOWING THE SUBDIVISION

C O N S U L T I N G CITRUS AVENUE OF LANDS BELONGING TO SEMI - TROPIC LAND AND PLANNING • ENGINEERING • SURVEYING

FONTANA CA
WATER COMPANY, RECORDED IN BOOK 11 OF MAPS, 1 1860 PIERCE STREET, SUITE 200, RIVERSIDE, CA 92505 951/ 343 - 8686 VoicE, 951/ 343 - 8831 FAx
PAGE 12, RECORDS OF SAN BERNARDINO COUNTY 82
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SEE SHEET 6 OF E
EXHIBIT " B"

THIS MAP IS PROVIDED FOR

ILLUSTRATIVE PURPOSES ONLY
SLOVER
1 ( RAD)
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cn
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L9

RAD) ( PRC)
P. N. 0255 - 011 - 02
AVENUE
L2
127. 50'
19'52' 18 " E
Ld
SHEET 7 OF 8
CITY INDEX NO.

N89'52'18E& Ln
221. 03' 1 1' —
co
L4 --7-am— L3
L5
A. P. N. 0255 - 011 - 03
SAND
Em

DENOTES PARCEL DESCRIBED
v P ER o
EDWARD
AREA= 0. 623 ACRES WEILBACHER
Exp. 06/ 30/ 14
N0. 8403
PETER WEILBACHER, PLS DATE slgTFOF CA1.E``\
Q
NOTE:

S
100'
SHEET 8 FOR LINE & CURVE TABLES
SCALE 1" =
SE
AND EASEMENT INFORMATION.

EXHIBIT B
APN: 0255 - 011 - 01; 02; 03
CANYON
PORTION OF THE WEST 13. 35 ACRES OF LOT 748,

SLOVER AVENUE

ACCORDING TO THE PLAT SHOWING THE SUBDIVISION

C O N S U L T I N G OF LANDS BELONGING TO SEMI - TROPIC LAND AND PLANNING • ENGINEERING - SURVEYING

FONTANA CA
WATER COMPANY, RECORDED IN BOOK 11 OF MAPS,
11860 PIERCE STREET, SUITE 200, RIVERSIDE, CA 92505
951/ 343- 8686 VOICE, 951/ 343- 8831 FAX + PAGE 12, RECORDS OF SAN BERNARDINO COUNTY 83

LINE TABLE

LINE BEARING LENGTH
L1 N89' 42' 04 " W 22. 00'
L2 N00' 18' 20 " E 2. 00'
L3 N00' 18' 20 " E 8. 00'
L4 N89' 52' 18 " E 76. 25'
L5 N44' 06' 13 " E 18. 67'
L6 N89' 52' 18 " E 61. 95'
L7 N45' 53' 47 " W 19. 18'
L8 N87' 54' 05 " E 29. 09'
L9 N89' 52' 18 " E 106. 21'
L10 N89' 52' 18 " E 73. 16'
L11 N89' 52' 18 " E 48. 26'
L12 N89' 52' 18 " E 83. 83'
L13 N89' 52' 18 " E 32. 10'
L14 N45' 05' 07 " E 53. 54'
L15 N00' 17' 56 " E 130. 00'
L16 N14' 20' 06 " E 42. 46'
L17 N00' 17' 56 " E 65. 38'
L18 N00' 17' 56 " E 53. 01'
L19 N89' 42' 04 " W 4. 50'
L20 N00' 17' 56 " E 116. 91'
L21 N00' 17' 56 " E 41. 00'
L22 N89' 52' 20 " E 13. 00'
L23 N00' 18' 20 " E 50. 00'
EXHIBIT " B"

THIS MAP IS PROVIDED FOR

ILLUSTRATIVE PURPOSES ONLY

CURVE TABLE

CURVE RADIUS ANGLE LENGTH
C1 35. 00' 89' 34' 22" 54. 72'
C2 52. 50' 22' 37' 12" 20. 73'
C3 77. 50' 22' 37' 12" 30. 60'
C4 18. 50' 37' 48' 51" 12. 21'
C5 18. 50' 37' 48' 51" 12. 21'
C6 77. 00' 22' 3955" 30. 46'
C7 52. 50' 22' 39' 51" 20. 77'
C8 174. 46' 14' 02' 10" 42. 74'
C9 150. 46' 14' 02' 10" 36. 86'
C10 23. 50' 48' 45' 58" 20. 00'
C11 18. 50' 44' 38' 11" 14. 41'
C12 18. 00' 1 46' 14' 18" 14. 53'
C13 1 18. 00' 1 90'04'16" 28. 30'
SHEET 8 OF 8
CITY INDEX No.
51 to __
1Q. 52' STREET AND HIGHWAY EASEMENT PER
INSTRUMENT NO. 19990468404 O.R.
2Q. 52' STREET AND HIGHWAY EASEMENT PER
INSTRUMENT NO. 199905224411 O.R. p ` AND
3Q 20' STREET AND HIGHWAY EASEMENT PER
K ~
0 INSTRUMENT NO. 85- 233405 O. R. EDWARD

WEILBACHER
Exp. 06/ 30/ 14
N0. 8403
PETER WEILBACHER, PLS DATE F OFCt,

EXHIBIT B
APN: 0255 - 011 - 01; 02; 03

CA NYON
PORTION OF THE WEST 13. 35 ACRES OF LOT 748,

CITRUS AVENUE AND SLOVER AVENUE

ACCORDING TO THE PLAT SHOWING THE SUBDIVISION

C O N S U L T I N G OF LANDS BELONGING TO SEMI - TROPIC LAND AND PLANNING • ENGINEERING • SURVEYING

FONTANA CA
WATER COMPANY, RECORDED IN BOOK 11 OF MAPS,
11860 PIERCE STREET, SUITE 200, RIVERSIDE, CA 92505
951/ 343 - 8686 voICE, 951/ 343- 8831 FAX
PAGE 12, RECORDS OF SAN BERNARDINO COUNTY 84

NOTICE OF DETERMINATION

TO: X County Clerk, County of FROM: City of Fontana San Bernardino Department of Engineering
8353 Sierra Avenue
___ Office of Planning and Research Fontana, CA 92335

SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.

Project Title: Master Case No. 2 0-050, General Plan Amendment No. 20 -014, Zone Change No. 20 -014, Development Agreement No. 21-001, and Design Review No. 20-020.

State Clearinghouse Number: N/A
Name of Person or Agency carrying out project: Esmeralda Gomez – Associate Engineer, City of Fontana (Lead Agency) 8353 Sierra Avenue, Fontana, CA 92335.

Project Location: 16171 Slover Avenue, located in the vicinity of SE corner of Slover Avenue and Citrus Avenue, Fontana, CA, San Bernardino County (APN: 0255-011-36; previously known as APN’s 0255- 011-01, 0255-011-02, and 0255-01-03).

Project Description: Vacation of a public easement located in the vicinity of SE corner of Slover Avenue and Citrus Avenue that was a part of the project that included a development of an approximately 194,212 square foot warehouse building on approximately 8.75 -acres that was approved along with the adoption of the Initial Study/Mitigated Negated Declaration on March 16, 2021 by the Planning Commission of the City of Fontana.

Project Proponent & Address: Duke Realty Citrus & Slover LP, a Delaware limited partnership, 3546 Concours Street, Suite 100, Ontario, CA 91764.

Contact Name & Phone: Christian Conchrun - (562) 376-9239

This is to certify that on March 16, 20 21, the Planning Commission of the City of Fontana approved the above- described project along with the previously adopted Initial Study/Mitigated Negative Declaration , and made the following determinations:

1. The project ____ will X will not have a significant effect on the environment.

2. An Initial Study/Mitigated Negative Declaration was previously prepared and approved and fully analyzed the effects of the project. The Initial Study/Mitigated Negative Declaration thoroughly analyzed and discussed all potential environmental impacts. None of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent EIR or MND have occurred. Additionally, this action doesnot include any addi tional impacts beyond those impacts already disclosed in the previous Initial Study/Mitigated Negative Declaration and no further environmental review is required.

3. Mitigation measures X were were not made a condition of the approval of the project.

4. A Statement of Overriding Considerations __ was X was not adopted for this project.

5. Findings X were were not made pursuant to the provisions of CEQA.

6. The location and custodian of the documents which comprise the record of proceedings for the Initial Study/Mitigated Negative Declaration are specified as follows:

Custodian: City of Fontana, Department of Engineering
Location: 8353 Sierra Avenue, Fontana, CA 92335
____________________________
Ricardo Garay
Senior Engineer
Date Received for Filing

85 1 of 3

RESOLUTION NO. 2024-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

SUMMARILY VACATING, PURSUANT TO AN ADOPTED MITIGATED

NEGATIVE DECLARATION, PORTIONS OF THE PUBLIC RIGHT OF
WAY IN ASSESSOR PARCEL NO. 0255 -011-36 LOCATED SOUTH OF

SLOVER AVENUE AND EAST OF CITRUS AVEN UE PURSUANT TO
CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 8330 ET
SEQ.

WHEREAS, the City of Fontana (“City”) holds a public right -of-way easement in Assessor Parcel Number (“APN”) 0255 -011-36 for streets, highways and public utility purposes pursuant to the easement deed recorded June 19, 2012 as Instrument No. 2012-0246734, in the Official Records of the San Bernardino County Recorder; (“Property”); and

WHEREAS, the Property was originally intended to be developed for street, construction and public service purposes but was never developed, and changes in the planned development patterns for the vicinity of the Property have rendered the Property unnecessary for such purposes; and

WHEREAS, the City desires to vacate a portion of the Property, more s pecifically that which is located south of Slover Avenue and east of Citrus Avenue as fully described in Exhibit “A” and depicted in Exhibit “B,” both of which is attached hereto and incorporated herein by reference (“Easement”); and

WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), on April 27, 2021, the City Council, pursuant to Resolution 2021 -023 adopted a Mitigated Negative Declaration (“MND”), adopted environmental findings pursuant to CEQA, and adopted a Mitigation Monitoring And Reporting Program for the future Development of an approximately 194,212 square foot warehouse located on the southeast corner of Slover Avenue and Citrus Avenue; and

WHEREAS, there are no public utility facilities in -place that are in use and would be affected by the vacation; and

WHEREAS, the Property is not required for street, highway or public utility purposes; and

WHEREAS, pursuant to Streets and Highways Code (“SHC”) Section 8333, a public street, highway and service easement may be summarily vacated by the City Council of the City of Fontana if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediatel y preceding the proposed vacation; if the date of dedication or acquisition is less than five years and more 86 Resolution No. 2024-_____
2 of 3

than one year immediately preceding the proposed vacation and the easement was not used continuously since that date; or if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and

WHEREAS, the Easement satisfies the criteria for summary vacation pursuant to SCH section 8333 because it has not been used for the purpose for which it was acquired for five consecutive years immediately preceding the proposed vacation, the Easement is excess and there are no other public facilities located within the Easement; and

WHEREAS, pursuant to Government Code section 65402(a), the Planning Commission of the City of Fontana reviewed the proposed vacation of the Easement at its regularly scheduled meeting on March 16, 2021 and found that vacation of the Easement conforms with the City’s General Plan; and

WHEREAS, all other legal prerequisites to the adoption of this Resolution has occurred.

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

Section 1. Recitals. The foregoing Recitals are true, correct and incorporated herein by this reference.

Section 2. CEQA. The Council has reviewed and considered the information contained in the adopted MND and all supporting documentation, copies of which are incorporated by reference as though set forth fully herein. Based on this review, the Council finds that any comments received concerning the proposed vacation have been examined and determined to not modify t he significance conclusions of the MND. The Council further finds that no additional feasible mitigation measures within the Council ’s authority are necessary to reduce the environmental impacts of the vacation, because all impacts of the vacation are eith er less than significant or will be mitigated to a level of less than significant through compliance with the existing mitigation. Finally, based on the substantial evidence set forth in the record, including, but not limited to the adopted MND, the Counci l finds that none of the conditions triggering the need for subsequent environmental review have occurred. Specifically, the City finds that no subsequent environmental review is required pursuant to State CEQA Guidelines section 15162 and directs staff to file a Notice of Determination.

Section 3. Order of Vacation. The City Council, under the authority vested in it by the California Streets and Highways Code, Division 9 - Change of Grade and Vacation, Part 3 - Public Streets, Highways, and Service Easem ents Vacation Law (Section 8300 et seq.), Chapter 4 - Summary Vacation (Streets & Highways Code Sections 8334(a), hereby orders the vacation of the Easement in Assessor Parcel Number 0255 -011-36 located south of Slover Avenue and east of Citrus Avenue in the City of Fontana, as more fully described in Exhibit "A" and depicted in Exhibit "B" attached herein by reference. 87 Resolution No. 2024-_____
3 of 3

Section 4. Certification Recordation and Retention. The City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the San Bernardino County Recorder. Pursuant to Streets and Highways Code Section 8336, no fee shall be charged for such recordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution in the City Clerk's Office.

Section 5. Effective Date. This Resolution shall become effective upon its adoption. Upon the recordation required hereby, the vacation is complete, and from and after the date this Resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement.

APPROVED AND ADOPTED this 23rd day of July, 2024.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 23 rd day of July, 2024, 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
88 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3031 Agenda Date: 7/23/2024
Agenda #: D. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Administrative Policy Revisions
RECOMMENDATION:

1. Adopt Resolution 2024-061 of the City Council of the City of Fontana, amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes.

2. Adopt Resolution 2024-062 of the City Council of the City of Fontana, amending Administrative Policy Section 20-55 Purchasing Card (Cal-Card).

COUNCIL GOALS:
· Operate in a businesslike manner by correcting problems immediately. · To create a team by working together to provide stability and consistent policy direction.

DISCUSSION:

The Administrative Policy Manual (Manual) is a document containing administrative regulations, procedures, and policy statements that guide the decisions and actions of all City employees and volunteers. Included in the Manual are policies that affect the majority of the departments or employees. This item proposes revisions to Policy Sections 20-37: Gift(s) of Tickets and/or Passes and 20-55: Purchasing Card (Cal-Card).

On March 22, 2011, the City Council approved Administrative Policy Section 20-37 (Gifts of Tickets and/or Passes) establishing guidelines for distributing discounted, free, or purchased tickets and/or passes in furtherance of governmental and/or public purposes as required under Fair Political Practices Commission ("FPPC") California Code of Regulations, Section 18944.1. The City desires to update its policy to include the Stage Red Venue. The City Council approved an Operating Agreement with ASM Global, LLC on February 13, 2024. Under said Operating Agreement and as owners of the facility, the City is entitled to ten seats for all events at Stage Red. The proposed amended Administrative Policy conforms to the requirements of Section 18944.1.

Additionally, the City’s current purchasing card practices are governed by the Administrative Policy - Purchasing Card (Cal-Card) Section 20-55 which was approved by Council on December 12, 2006.

The purpose of the policy is to promote operational efficiency and to simplify the internal ordering process for the purchase of supplies, materials, equipment, and services utilizing a Purchasing Card.

The Purchasing Card was originally established through the State of California to provide efficient means to reduce the costs associated with initiating purchase orders and processing individual City of Fontana Printed on 7/18/2024Page 1 of 2
powered by Legistar™
89 File #: 21-3031 Agenda Date: 7/23/2024
Agenda #: D. Category: Consent Calendar
checks for small dollar amount transactions.

With the attached resolution, staff is recommending updating the Administrative Policy, Purchasing Card Section 20-55 to grant the City Manager authority to amend the policy to provide for flexible transactional limits on purchases made by city staff and to bring outdated purchasing card policies and procedures current.

FISCAL IMPACT:

There is no fiscal impact from adopting these policy changes.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/18/2024Page 2 of 2
powered by Legistar™
90

Page 1 of 2 ends

RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA AMENDING ADMINISTRATIVE POLICY SECTION 20 -37, GIFT(S) OF TICKETS AND/OR PASSES.

WHEREAS, the City Council of the City of Fontana has adopted Administrative policies which detail the Rules and Regulations under which the City operates; and

WHEREAS, the Administrative Policies are periodically updated to reflect organizational needs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, does hereby amend Administrative Policy Section 20 -37, Gifts(s) of Tickets and/or Passes.

APPROVED AND ADOPTED this 23rd day of July 2024.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting thereof, held on the 23rd day of July 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

91 Resolution No. 2024-___

Page 2 of 2 ends

ATTEST:

City Clerk

92 City of Fontana

POLICY AND PROCEDURES
New Policy
File in City Administrative Manual
Distribution: All Employees

Subject: GIFT(S) OF TICKETS AND/OR
PASSES
Page
1 of 4
Section
20-37
Effective Date
July 23, 2024
Issued Date
July 23, 2024

Resolution Number: Approval Date: July 23, 2024

I. PURPOSE
The purpose of this policy is to ensure that all tickets and/or passes to attend a facility, event, show, or performance for entertainment, amusement, recreational, or similar purposes, made available to or for the City, are distributed in furtherance of governmental and/or public purposes as required under Fair Political Practices Commission (“FPPC”) Regulation 18944.1.

II. GENERAL POLICY
The City finds that the receipt of all such discounted, free , or purchased tickets and/or passes are public resources. The City hereby desires to distribute these public resources in a manner that furthers its governmental and public purposes as reasonably described herein, such as the promotion of local businesses, community resources, programs, and facilities.

III. PROVISIONS

1. Limitations: This Policy shall be subject to the following limitations:

A. This Policy shall only apply to the City’s distribution of tickets and/or passes to, or at the behest of, a public official for which no consideration of equal or greater value is provided by the public official.

B. Consideration of equal or gr eater value shall be presumed if the tickets and/or passes are distributed pursuant to this policy.

C. Unless exempted otherwise under state law, any ticket and/or pass received or directed for use by a City official not in conformance with this policy remains subject to separate disclosure requirements and the annual gift limit.

D. This policy does not generally apply to political or nonprofit fundraisers which are governed under a separate policy.

E. Tickets and/or passes to events that primarily provide informational material and is provided to assist the City official in the performance of his or her official duties or that of his or her elected office being sought is also not generally subject to this policy. As any event becomes more entertainment orien ted, this policy as well as the City Attorney’s office should be consulted.
93 City of Fontana

POLICY AND PROCEDURES
New Policy
File in City Administrative Manual
Distribution: All Employees

Subject: GIFT(S) OF TICKETS AND/OR
PASSES
Page
2 of 4
Section
20-37
Effective Date
July 23, 2024
Issued Date
July 23, 2024

Resolution Number: Approval Date: July 23, 2024

2. Exception: Tickets provided to public officials as part of their official duties, or tickets provided so that the public official may perform a ceremonial role or function on behalf of the City shall not be subject to this Tickets and/or Passes Distribution Policy. These tickets are exempt fro m any disclosure or reporting requirements.

3. Definitions:

A. City Officials: City officials shall mean all public officials and those employees as that term is defined by Government Code 820458 and FPPC Regulation 18701.

B. Tickets/Passes: Tickets and passes are defined as an admission to a facility, event, show , or performance for entertainment, amusement, recreational, or similar purposes. (FPPC Regulation 18944.1).

4. Authorized Agent . The City Manager or his designee shall be responsible for managing all donations of tickets and/or passes and for the accounting and inventory of all donated tickets and/or passes. In such case, where the City Manager desires to obtain a ticket or pass, the City Council authorizes the City Manager to exercise the City’s sole discretion in determining whether the City Manager’s use or behest of tickets and/or passes is in accordance with the terms of this policy.

5. Solicitation of Tickets and/or Passes . The City Manager may authorize City staff to approach companies or organization s to request donation of tickets and/or passes to facilitate the achievement of the governmental and public purposes described below.

6. Public Purposes. The City shall only provide a ticket and/or to at the request of a public official, under any of the following City Public and governmental purposes:

A. Promotion of local and regional businesses, economic development and tourism activities within The City, including conventions and conferences.

B. Promotion of City-controlled or sponsored events, activities, or programs.

C. Promotion of community programs and resources available to City residents, including nonprofit organizations and youth programs.

D. Marketing promotions highlighting the achievements of local residents and businesses. 94 City of Fontana

POLICY AND PROCEDURES
New Policy
File in City Administrative Manual
Distribution: All Employees

Subject: GIFT(S) OF TICKETS AND/OR
PASSES
Page
3 of 4
Section
20-37
Effective Date
July 23, 2024
Issued Date
July 23, 2024

Resolution Number: Approval Date: July 23, 2024

E. Promotion and marketing of private facilities available for City resident use, including charitable and nonprofit facilities.

F. Promotion of public facilities available for City residents and other public use.

G. Promotion of City growth and development, including economic development , and job creation opportunities.

H. Promotion of any event held at certain City landmarks such as Stage Red, and any other event that is subject to a City sponsorship agreement.

I. Promotion of special events in accordance with any City contract.

J. Exchange programs with foreign officials and dignitaries.

K. Promotion of City recognition, visibility, and/or profile on a local, state, national or worldwide scale.

L. Promotion of open government by public official appearances, participation and/or availability at business or community events.

M. Sponsorship agreements involving private events where the City specifically seeks to enhance the City’s reputation both locally and regionally by serving as hosts providing the necessary opportunities to meet and greet visitors, dignitaries, public officials, residents, and their guests.

N. All written contracts where the City as a form of consideration has required that a certain number of tickets or suites be made available for its use.

O. Employment retention programs.

P. Special outreach programs for veterans, teachers, emergency services, medical personnel and other civil service occupations.

Q. Charitable 501 (c)(3) fundraisers for the purpose of networking with other community and civic leaders.

R. Spouses of or immediate dependents of public officials in order to accompany him or her to any of the events listed above.
95 City of Fontana

POLICY AND PROCEDURES
New Policy
File in City Administrative Manual
Distribution: All Employees

Subject: GIFT(S) OF TICKETS AND/OR
PASSES
Page
4 of 4
Section
20-37
Effective Date
July 23, 2024
Issued Date
July 23, 2024

Resolution Number: Approval Date: July 23, 2024

S. Any purpose similar to above included in any City contract.

7. Unused Tickets. Any City official or any member of the City official’s immediate family may return any ticket unused to City for redistribution pursuant to this policy. Government Code Section 82029 has defined immediate family to mean spouse and dependent children. Under no reasons, may either the City official or a member of his or her immediate family sell or further transfer any ticket and/or pass provided under this policy.

8. Transfer Restriction. The transfer by any City official of any tickets and/or passes distributed pursuant to this policy to any other person, except to members of the City official’s immediate family for their personal use, is prohibited.

9. Posting. The distribution of tickets or passes pursuant to this policy shall be posted on City’s website in a prominent fashion within 30 days after the ticket distribution and shall include all the information as required under Section 18944.1. Any such posting sh all use FPPC Form 802 or such alternative form as may be approved or amended form time to time.

10. Form 802. This policy shall be posted on City’s website in a prominent fashion. These forms shall be posted for 12 months and may be removed at the City’s discretion anytime thereafter.

11. Stage Red. Tickets and/or passes received under the Operating Agreement between the City of Fontana and ASM Global, LLC are subject to this policy. However, the City desires that such tickets and/or passes be distributed in the following manner:

I. Each member of the City Council and the City Manager shall receive two (2) tickets and/or tickets and/or passes per event, for use by them and one (1) member of his or her immediate family. The Council Members and City Manager must retur n any unused ticket(s) to the City Manager. Government Code Section 82029 has defined immediate family to meal spouse and dependent children.

II. The City Manager shall distribute any remaining tickets to City employees, local business people, economic devel opment prospects, City Commissions, members of other governmental entities, or third parties only in accordance with this policy.

96 RESOLUTION NO. 2024–

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA GRANTING

THE CITY MANAGER AUTHORITY TO AMEND ADMINISTRATIVE POLICY NUMBER 20 -55 (PURCHASING CARD) AS NECESSARY TO PROVIDE FOR

FLEXIBLE TRANSACTIONAL LIMITS ON PURCHASES MADE BY CITY STAFF

AND TO BRING OUTDATED PURCHASING CARD POLICIES AND PROCEDURES CURRENT.

WHEREAS, Article V, Chapter 10 of the Fontana Municipal Code (“FMC”) establishes a centralized Purchasing Department for the City of Fontana (“City”); and WHEREAS, Section 10-139 of the FMC establishes the position of a Purchasing Officer which operates under the direction of the City Manager; and WHEREAS, pursuant to Section 10-140(6) of the FMC, the Purchasing Manager must prepare and maintain a purchasing manual for the City Manager to be used as a reference tool for purchases made on behalf of the City; and WHEREAS, on December 13, 2022, the City adopted the City of Fontana Purchasing Manual in conformance with Chapter 10 of the FMC; and WHEREAS, on December 12, 2006, the City adopted Administrative Procedure 20-55, also known as the City’s Purchasing Card Policy, to establish appropriate purchasing policies and procedures for the City; and
WHEREAS, the City desires to continue to maintain an updated Purchasing Card Policy to allow for flexible transactional limits on purchases made by City staff and to bring current any outdated purchasing card policies and procedures in the future; and
WHEREAS, Resolution No. 2019-127 provides the City Manager with the authority to approve all contracts and other instruments necessary or convenient to obtain, hire, purchase, or rent equipment, materials, supplies, labor, services or other items up to a maximum of one hundred thousand dollars ($100,000.00); and WHEREAS, to avoid any disruption to City operations, the City desires to allow the City Manager to make changes to Administrative Procedure 20-55 (Purchasing Card Policy) as necessary to allow for flexible transactional limits on purchases made by City staff for up to the amount as authorized to the City Manager under Resolution No. 2019-127 and to bring current outdated policies and procedures as necessary.

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

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

Section 2: CEQA. The City Council of the City of Fontana (“City Council”) finds 97 that, in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3) and Section 15273(a)(1) of Title 14 of the California Code of Regulations because CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This Resolution merely introduces two user fees, thus this action is exempt from CEQA.

Section 3: Approval. City Council hereby authorizes the City Manager to amend Administrative Procedure 20-55 (Purchasing Card Policy) to allow for flexible transactional limits on purchases made by City staff for up to the amount as authorized to the City Manager under Resolution No. 2019-127 and to bring current outdated policies and procedures as necessary.

Section 4: Severability. 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.

Section 5: Effective Date. This Resolution is effective immediately upon adoption.

Section 6: Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this __ day of July, 2024.

READ AND APPROVED AS TO LEGAL FORM:

Ruben Duran, City Attorney

I, 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 of said City at a regular meeting thereof, held on July _, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:
98 Germaine McClellan Key, City Clerk of the City of Fontana

Acquanetta Warren, Mayor of the City of Fontana

ATTEST:

City Clerk
99 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3091 Agenda Date: 7/23/2024
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Task Order for Geotechnical Engineering and Materials Testing Services for the Cypress Avenue Storm Drain Project
RECOMMENDATION:

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.

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

DISCUSSION:

The Cypress Avenue Storm Drain project includes installation of a new storm drain system along Cypress Avenue from Orange Way to Foothill Boulevard, and along Foothill Boulevard from Cypress Avenue to Sierra Avenue. A new raised landscaped median will also be extended on Foothill Boulevard from 600 feet east of Cypress Avenue to Sierra Avenue. These improvements are being designed to control storm water flow through these roadways. This project is part of a comprehensive Master Storm Drain system to provide flood protection to this area.

Staff released a Request for Proposals (RFP) for Geotechnical Engineering and Materials Testing Services by notifying firms through the City’s online bid system. Six (6) prospective bidders downloaded the RFP documents. On June 6, 2024, proposals were received from four (4) firms interested in providing geotechnical engineering and materials testing services for the project.

Proposal pricing ranged from $236,896.00 to $271,935.00. As a result, staff is recommending awarding the Task Order to Fenagh for Geotechnical Engineering and Materials Testing Services based on being the best value to the City.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $236,896.00 for the full term of the project. Budget is included in the current FY2024-25 budget in Storm Drain Fund 622, project 37603361.

City of Fontana Printed on 7/18/2024Page 1 of 2
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100
File #: 21-3091 Agenda Date: 7/23/2024
Agenda #: E. Category: Consent Calendar
MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/18/2024Page 2 of 2
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101

PROJECT LOCATION
Cypress Avenue Storm Drain Project (PROJECT NO. 3361)
N01 inch = 800 feet1600800
102

COVER LETTER
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com
June 6, 2024
City of Fontana
Attention: Ms. Elia Alvarez
8353 Sierra Avenue
Fontana, CA 92335
Subject: Request for Proposals (RFP) – City of Fontana (SQ-87-DE-19-89) Geotechnical Services - Cypress Avenue Storm Drain Phase I Dear Ms. Alvarez,
Fenagh, Inc. dba Fenagh Engineering and Testing is pleased to submit the attached Cost Proposal to provide Geotechnical Services to the City of Fontana on the upcoming Cypress Avenue Storm Drain Phase I Project. As a choice service provider, the City can depend on our focused dedication to ensuring the success of each and every project that we are assigned to.

It is our intention to seamlessly integrate into the City's team with shared goals – we are fully committed to staying on schedule, and ensuring quality on your projects from start to finish.

Approach and Unparalleled Services
• The Fenagh Difference. Our firm sets itself apart by always striving to exceed the expectations of each of our clients. Every project is unique, and we are dedicated to identifying collaborative ways to meet the specific needs of the City of Fontana. It is our mission to provide a proactive and budget-conscious management style that will ensure cost effectiveness for your team throughout the duration of your project, or projects. • EOLAS. Fenagh has invested over $1 million into our customized, cloud-based material testing and inspection reporting system, EOLAS. Through the secure Client Portal, you will have instant access to Daily Field Reports (DFR’s), Engineering reports and laboratory results. Let our Investment work to your teams advantage.

Benefits of EOLAS include real-time reporting, system generated reports, real-time exception logs, real-time notification of test failures or potential test failures, and the elimination of missing reports and missing material samples.
• City of Fontana Experience. Over the past 3 years our professional geotechnical engineering and materials testing team has provided services to the City of Fontana on a variety of public infrastructure projects. Some of the projects include Fire Station 81, Sierra Avenue Widening, and various Traffic Signal assignments. • Accredited Laboratory. All required materials testing for the City of Fontana would be conducted at our 10,000 square foot laboratory in Rancho Cucamonga, California. Fenagh’s state-of-the-art testing laboratories are fully-accredited, and are in compliance with ASTM E329, the Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection. • Fenagh’s Field Team. We will provide certified and experienced professional staff and field staff. Fenagh team members maintain all required certifications through agencies such as ACI, ICC, AASHTO, and local municipalities – among others.

Continued

103

COVER LETTER
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com
• Project Management. Fenagh’s core Project Management Team includes Kevin Ramirez, Project Manager; Bruce Tie, Principal Engineer; and Emil Rudolph, Geotechnical Engineer . Some of their responsibilities on this contract will include the following:
• Maintaining consistent communication directly with the City of Fontana to ensure that all tasks are completed in a timely manner .
• Ensuring that ample staff is always made available for any requested services. • Providing monthly cost reports to identify the status of the project, which will aid in tracking any potential negative impact to the project budgets.
• Reviewing all daily field reports and laboratory test results to verify that all work is being performed in accordance with all applicable project plans and specifications. • Meeting with the designated project team, as needed, to review the project scope or to obtain feedback.

Firm Information
Name of Firm: Fenagh, Inc. dba Fenagh Engineering and Testing DIR Registration No. 100004874
Corporate HQ: 2110 Rheem Drive, Pleasanton, CA 94588 | Phone: (925) 403-4747 Local Office & Laboratory: 9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 We appreciate your consideration, and we look forward to continuing our relationship with the City of Fontana.

Our team will remain available to answer any questions or concerns that may arise during the proposal review process.

Kevin Ramirez
Project Manager | Business Development Manager
Phone: (909) 727-1431
[email protected]
Respectfully Submitted,
Fenagh Engineering and Testing
EXPERIENCE THE FENAGH DIFFERENCE.
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374104

COST PROPOSAL
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com

PROPOSAL
ITEM NO. WORK ACTIVITY DESCRIPTION TEST/

STANDARD

ESTIMATED

QUANTITY UNIT UNIT

RATES SUBTOTAL

PORTLAND CEMENT CONCRETE
(EXCLUDES SIGNAL POLE

FOUNDATIONS)
1 Sampling of Fresh Portland Cement
Concrete (Required when performing the
following tests: ASTM C143, C173, C231,
C138, C191, C266, CT515, CT530)
ASTM C172 240 HR $100.00 $24,000.00
2 Compressive Strength Testing of
Portland Cement Concrete (Each test
shall include four - 6”x12” cylinders;
Molding and Curing shall be per ASTM
C31 and shall be included in this cost for
this item; Bid is per each cylinder
obtained; Assumes 60 total tests)
ASTM C39 240 EA $18.00 $4,320.00
3 Slump of Portland Cement Concrete ASTM C143 60 EA $0.00 $0.00

CAST-IN-PLACE DRILLED HOLES (CIDH)
(SIGNAL POLE FOUNDATIONS)
4 Sieve Analysis for Aggregate (Fine
/Coarse) for Portland Cement Concrete CT202 2 EA $70.00 $140.00 5 Cleanness Value for Aggregate (Coarse)
for Portland Cement Concrete CT227 2 EA $75.00 $150.00
6 Sand Equivalent for Aggregate (Fine) CT217 2 EA $70.00 $140.00 (SUBMIT ONLINE)

COST PROPOSAL - SCHEDULE

GEOTECHNICAL SERVICES

CYPRESS AVENUE STORM DRAIN (PHASE I) PROJECT
105

COST PROPOSAL
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 7 Sampling of Fresh Portland Cement
Concrete (Required when performing the
following tests: ASTM C143, C173, C231,
C138, C191, C266, CT515, CT530)
ASTM C172 24 HR $100.00 $2,400.00
8 Slump/Penetration Test for Portland
Cement Concrete
ASTM C143 or
CT533 3 EA $0.00 $0.00
9 Compressive Strength Testing of
Portland Cement Concrete (Each test
shall include four - 6”x12” cylinders;
Molding and Curing shall be per ASTM
C31 and shall be included in this cost for
this item; Bid is per each cylinder
obtained; Assumes #3 total tests)
CT521 12 EA $18.00 $216.00

ASPHALT CONCRETE PAVEMENT
10 HVEEM Stability Test (S-Value) of Asphalt
Concrete CT304 and CT366 24 EA $150.00 $3,600.00
11 Combined Aggregate Gradation of
Asphalt Concrete (AC) CT202 24 EA $100.00 $2,400.00
12 Asphalt Binder Content/Gradation
AASHTO T164/
T308/ T319, ASTM
D2172/ D4125/
D6307 and CT382
24 EA $150.00 $3,600.00
13 Asphalt Concrete (AC) Field Density Test ASTM D2950
(Nuclear) 520 HR $105.00 $54,600.00
14 Asphalt Concrete (AC) Lab Density Test CT304 12 EA $125.00 $1,500.00

SUBGRADE/TRENCH BACKFILL (NATIVE
SOIL)
15 Laboratory Maximum Density Testing of
Native Soil ASTM D1557 12 EA $100.00 $1,200.00
16 Field Density/Relative Compaction of
Native Soil
ASTM D6938
(Nuclear) 520 HR $105.00 $54,600.00

SUBGRADE (CMB)
17 Laboratory Maximum Density Testing of
CMB ASTM D1557 3 EA $100.00 $300.00
18 Field Density/Relative Compaction of
CMB
ASTM D6938
(Nuclear) 380 HR $105.00 $39,900.00
19 Sieve Analysis of CMB CT202 3 EA $70.00 $210.00
20 Grading of CMB ASTM C131 3 EA $100.00 $300.00
21 R-Value of CMB CT 301 3 EA $175.00 $525.00
106

COST PROPOSAL
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com
22 Sand Equivalent of CMB CT 217 3 EA $75.00 $225.00
23 Percentage Wear of CMB ASTM C131 3 EA $75.00 $225.00 24 Durability of CMB CT229 3 EA $75.00 $225.00

BEDDING MATERIAL
25 Laboratory Maximum Density Testing of
Bedding Material ASTM D1557 3 EA $100.00 $300.00
26 Field Density/Relative Compaction of
Bedding Material
ASTM D6938
(Nuclear) 380 HR $105.00 $39,900.00
27 Sieve Analysis of Bedding Material CT202 3 EA $70.00 $210.00 28 Sand Equivalence of Bedding Material CT217 3 EA $70.00 $210.00 OFFICE
29 Project Management N/A 1 LS $500.00 $500.00
30 Prepare Test Results Summary Report
(separate from onsite summary report) N/A 1 LS $1,000.00 $1,000.00 $236,896.00PROJECT TOTAL
107

SCHEDULE OF FEES
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com
Standard Discounted
* FIELD INSPECTION SERVICES National Standard Rate/Hour Rate/Hour Steel Visual Welding $161.00
Steel Visual Bolting $161.00
Nondestructive - UT, MT, PT $161.00
Steel Visual/NDT Combination $161.00
Concrete Sampling $161.00 $100.00
Batch Plant Inspection $161.00
Concrete ICC/ACI-II (Rebar/Placement) $161.00 $100.00
Concrete PT $161.00
Masonry $161.00
Fireproofing (Thickness/Density) $161.00
Firestopping/Fire-safing $161.00
Soil Technician w/Nuclear Gauge and/or Sand Cone $161.00 $105.00 Asphalt Technician w/Nuclear Gauge $161.00 $105.00
Roofing & Weatherproofing/Waterproofing $161.00
Structural Wood Framing $161.00
Shotcrete $161.00
Fiber Reinforced Concrete (FRP) $161.00
Lead/Multi-Disciplined Inspector $161.00
Specialty Inspector where certification not above is required $161.00 Certified Cal OSHA Tower Inspector $161.00
Quality Control Manager $161.00
ASNT Level III $161.00
Laboratory Technician/Sample Runner $161.00
Project Coordinator $161.00
Technician Typist $161.00
**PROFESSIONAL SERVICES
Principal Engineer (Civil/Structural) $348.00 $200.00
Geotechnical Engineer $348.00 $200.00
Consulting Engineer (Envelope) $316.00
Associate Engineer, Licensed $241.00
Project Geologist $241.00
Project Manager $241.00 $75.00
Staff Engineer $241.00 $150.00
Field Supervisor $214.00 $125.00

SPECIAL SERVICES
Portable and Mobile Laboratories, Concrete and Soils QOR *** Off-Site Structural Steel or Precast Fabrication $198.00 * Epoxy Bolt Proof Load/Pull Testing $144.00
* Expansion Anchor Proof Load/Torque Testing $144.00
* Coring, 1 Person (including equipment) $348.00
* Coring, 2 Persons (including equipment) $455.00
Engineering Project Research QOR
Skidmore-Wilhelm Equipment Fee Per Hour $80.00
Geotechnical Site Investigations/Foundation Reports $8,025.00 Rebound Hammer, Schmidt Hammer, Windsor Probe - Equipment Fee Per Hour $275.00 Floor Flatness Testing FF/FL - (Equipment Fee $100/Hour) $316.00 Floor Flatness Testing FF/FL - Report Fee $535.00
Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $100/Kit ASTM F1869 $123.00 Relative Humidity Testing - ($100/kit) ASTM F2170 $123.00 GPR (Ground Penetrating Radar) - Equipment Fee $175/Hour $375.00 Concrete Crack Gauge Monitoring $375.00
Building Evelope - Air Leakage Rate by Fan Pressure ASTM E779 $803.00 Water Penetration of Windows, Skylights, Doors and Curtain Walls by Uniform or Cyclic Pressure ASTM E1105 $3,050.00 Air and Water Infiltration Leakage Testing AMMA 501.2 $3,050.00 Electronic Leak Detection of Roof (Vector Mapping) QOR
Air Content Test Equipment $107.00
Slump & Temperature Equipment $107.00
Fireproof Density and Adhesion/Cohesion Inspection Kit $107.00 Dynamic Cone Penetrometer (DCP) QOR
Gamma Gamma/ Cross Hole Sonic Logging (CSL) Testing $3,306.00 Administration, Accounting, Special Projects, Notary, Certified Payroll $134.00 $50.00 Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500) $375.00 Welding Procedure Review (less than 48 hours notice - $500) $375.00 Welder Qualification Test Record AWS $1,070.00
Geotechnical Pad Letter (less than 48 hours notice - $2,000) $1,605.00 Final Letter (less than 48 hours notice - $2,000) $1,605.00 Expert Witness Court appearance, per day $2,568.00
FET 2024-2025 FEE SCHEDULE

PERSONNEL FEES AND BASIS OF CHARGES

INSPECTIONS, ENGINEERING & SPECIAL SERVICES
* Field inspection services will be billed in accordance with minimums shown on Basis of Charges. **Professional engineering services and laboratory technician services will be billed at actual time. *** All plant inspections are located within 50 miles of the project location. Steel shops will be AISC certified and concrete plants will be PIC certified. **** Two inspections performed by the same inspector during a site visit will be billed at the combination rate. ***** Three or more inspections performed by the same inspector during a site visit will be billed at the multi-disciplined rate.

INSPECTING

TESTING

ENGINEERING
All fees subject to Basis of Charges
All Fees Subject to Basis of Charges
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374108

SCHEDULE OF FEES
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com

INSPECTING

TESTING

ENGINEERING

GENERAL
MINIMUM HOURLY CHARGES – INSPECTION
Field services will be billed in 2-hour increments and actual hours worked after 4 hours:

One-half day or less 4 Hours
Over one-half day 8 Hours
Show-up time (less than 2 hours notice = 4 hour charge) 2 Hours

WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday. Premium time is as follows:

Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourly rate Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hourly rate Overtime Sundays (over 8 hours) and Holidays 3 x quoted hourly rate Shift differential, swing and graveyard - (Work performed between 2:00 pm and 4:00 am) 1.5 x quoted hourly rate MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee $25.00/each
Facsimile Charges. Plus $1.00/page (n/c for cover page) $5.00 minimum Wireless Router/Data Card for Jobsite Internet $100.00/day Parking Fees At Cost
Air Travel Cost Plus 5%
Outside Services Cost Plus 20%
Per Diem $125.00/day
Mileage Standard Federal Rate
Sample Pickup $40.00/Each $10.00/Each
Weekend Sample Pickup $75.00/hour
Project Administration 10% of Monthly Invoice
Samples Made by Others $110 + Test Cost
Laboratory Sample Witness Fee $100.00
EZ Cure Boxes (Thermostatically Controlled Curing Boxes) QOR Returned Check Fee $100.00
Expedited Dispatch Request (inspections scheduled less than 12 hours notice) 1.5 X quoted hourly rate TESTS

LIMIT OF LIABILITY
The total liability of Fenagh, LLC is limited to the contract dollar value.

INSURANCE
For the waiver of subrogation if required by client, a 3% Fenagh administrative fee will be added to all gross billings/revenue in addition to the 3% Project Management fee.

PAYMENT
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services other than supervisory will be charged at applicable rates. For engineers, consultants, supervisors, and laboratory technicians traveling to a jobsite, standard federal rate per mile will be charged portal-to-portal for all projects. Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client; charges are subject to change at any time. Fenagh reserves the right to adjust the rates quoted in this contract based upon any CPI/state mandated increases and/or changes in any industry requirements.

Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests maybe tested by sub consultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.

Invoices will be submitted monthly for services performed during the preceding month and are payable on receipt. Interest of 1.5% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. Attorney’s fees or other costs incurred in collecting any delinquent amount shall be paid by client. Visa, MasterCard and American Express payments are accepted however fees will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being paid. American Express payments require an additional 4% on top of the amount of the invoice being paid.

BASIS OF CHARGES
All fees subject to Basis of Charges
All Fees Subject to Basis of Charges
109

SCHEDULE OF FEES
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com

INSPECTING

TESTING

ENGINEERING
Standard Discounted
CONCRETE National Standard Rate/Each Rate/Each
Compressive Strength of Cylindrical Concrete Specimens (6x12) ASTM C39 $59.00 $18.00 Compressive Strength of Cylindrical Concrete Specimens (4x8) ASTM C39 $59.00 Compressive Strength of Cylindrical Concrete Specimens (over 3500 psi) ASTM C39 $91.00 Compressive Strength of Cylindrical Concrete Specimens (over 6000 psi) ASTM C39 $123.00 Cylinder molds. 6” x 12” and 4" x 8" (Per Case) ASTM C470 $64.00 Compressive Strength of Lightweight Insulating Concrete ASTM C495 $70.00 Obtaining and Testing Sawed Beams and Drilled Cores of Concrete (cores) ASTM C42 $161.00 Flexural Toughness of Fiber Reinforced Concrete (Round Panel) ASTM C1550 $321.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) ASTM C78 $225.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete (Shrinkage 1 Sample) ASTM C157 $107.00 Shotcrete Nozzleman Qualification ACI 506, ASTM C42 and C1140 $321.00 Shotcrete Pre-Qualification Cores ACI 506, ASTM C42 and C1140 $80.00 Shotcrete Production Cores ASTM C1140 $80.00
Coefficient of Thermal Expansion AASHTO T336 $385.00
Determining Density of Structural Lightweight Concrete (Cylinders) ASTM C567 $348.00 Standard Specification for Concrete Made by Volumetric Batching and Mixing ASTM C685 $829.00 Cement Quality Sampling $626.00
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete ASTM C472 $54.00 Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $268.00 Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression ASTM C469 $278.00 Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room $214.00 Density of Hydraulic Cement ASTM C188 $278.00
Testing of Controlled Low Strength Material (CLSM) Test Cylinders ASTM D4832 $214.00 GFRC Pull Test PCI $535.00
GFRC Flexural Test PCI $535.00
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell-Crete) ASTM C796 $64.00 Petrographic Analysis $3,745.00

MASONRY
Compressive Testing of Grout (Masonry) ASTM C1019 $91.00 Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens ASTM C109 $134.00 $50.00 Compressive Strength of Masonry Prisms ASTM C1314 $134.00 Testing Concrete Masonry Units and Related Units (Core Compression) CBC 2105A.4 $187.00 Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample) ASTM C780 A7.6 $161.00 Testing Concrete Masonry Units (CMU) and Related Units (Full Unit) ASTM C140 $268.00 Linear Drying Shrinkage of Concrete Masonry Units (Per Unit) ASTM C426 $268.00 Masonry Core Shear Testing $268.00
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight) ASTM C140 $428.00 Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate, efflorescence)*
ASTM C67 $1,070.00
Mortar Molds. 2” x 4”. Single Use $134.00
Mortar or Grout, Stored and Cured, Not Tested (including mold) $134.00

AGGREGATES (SOILS AND CONCRETE)
Determining Sieve Analysis of Fine and Coarse Aggregates (Coarse Only) ASTM C136 $161.00 $70.00 Sieve Analysis of Fine and Coarse Aggregates (Fine Only) ASTM C136 $214.00 $70.00 Sieve Analysis of Fine and Coarse Aggregates (Wash Included) ASTM C117 $268.00 Sieve Analysis of Fine and Coarse Aggregates (200 Wash Only) ASTM C117 $161.00 Evaluating Cleanness of Coarse Aggregate $268.00 $75.00 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C88 $187.00 Unit Weight of Aggregate $134.00
Clay Lumps and Friable Particles in Aggregates ASTM C142 $161.00 Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate ASTM D4791 $268.00 Organic Impurities in Fine Aggregates for Concrete ASTM C40 $241.00 Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate ASTM C127 $241.00 Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate ASTM C128 $241.00 Resistance of Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine
ASTM C131 $535.00 $175.00
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate
ASTM D5821 $268.00
Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture, and Grading)
ASTM C1252/AASHTO T304A $268.00
Sand Equivalent Value of Soils and Fine Aggregate ASTM D2419 $187.00 $70.00 Flakiness Index of Coarse Aggregate $187.00
Durability Index (Fine) ASTM D3744 $294.00 $75.00
Durability Index (Coarse) ASTM D3744 $294.00 $75.00
Durability Index (Fine and Coarse) ASTM D 3744 $305.00
Lightweight Particles in Aggregate ASTM C123/AASHTO T113 QOR Resistance of Rock to Wetting and Drying CRD-C169 $428.00 *Unusual sample preparation for brick specimen will be charged at the established hourly rate.

LAB CONCRETE AND MASONRY TESTS
All fees subject to Basis of Charges
All Fees Subject to Basis of Charges
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374110

SCHEDULE OF FEES
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com

INSPECTING

TESTING

ENGINEERING
Standard Discounted
SOILS National Standard Rate/Each Rate/Each
Direct Shear Test of Soils Under Consolidated Drained Conditions ASTM D3080 $455.00 Caltrans Corrosivity Package $455.00
Resistivity and pH Measurements of Soil and Water $214.00 Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water $214.00 Soils and Waters for Sulfate Content $161.00
Soils and Waters for Chloride Content $161.00
Swell Test Under 60psf Surcharge (per SNV Amendments to IBC) ASTM D2435 (Modified) $187.00 Particle-Size Analysis of Soils (with Hydrometer) ASTM D422 $589.00 Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer ASTM D4542 $589.00 Standard Test Method for Particle-Size Analysis of Soils (without Hydrometer) ASTM D422 $482.00 Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318 $428.00 Laboratory Compaction Characteristics of Soil Using Modified/Standard Effort ASTM D1557/D698 $428.00 $100.00 Field Density Test for Compaction $214.00
Hydrometer Only ASTM D422 $482.00
pH of Soils ASTM D4972 $482.00
Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabilometer
ASTM D2844 $642.00
Laboratory Determination of Water(*moisture) Content of Soil and Rock by Mass ASTM D2216 $214.00 Density of Soil in Place by the Drive-Cylinder Method ASTM D2937 $134.00 Expansion Index of Soils ASTM D4829 $401.00
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability) ASTM D5084 $482.00 Lab Compaction Characteristics of Soil 1 Point Proctor (Check Point) ASTM D698/D1557 $241.00 $100.00 Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $321.00 Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 $321.00 Density of Hydraulic Cement ASTM C188 $294.00
Volatile Organic Content EPA 8260B QOR
Semi Volatile Organics by GC/Ms (Basic Target List) EPA 8270C QOR Total Organic Carbon ASTM 2974/EPA 5310Bm QOR
ICP Metals Concentration EPA 6020 - CAM/CCR 17 QOR
Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes, %SS
EPA 8015B QOR
ICP Metals Concentration EPA 6020 QOR
pH EPA 9045D $482.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR Chromium Soluble EPA 7196A QOR
Moisture, Ash and Organic Matter of Peat and Other Organic Soils (Organic Content) ASTM D2974 $268.00 Universal Soil Classification System (USCS) Test ASTM D2487 $428.00 California Bearing Ratio Test ASTM D1883 $428.00
Unconfined Compressive Strength of Cohesive Soil ASTM D2166 $268.00

ASPHALT
Bituminous Material Content of Asphalitic Concrete Mixtures By The Nuclear Method $963.00 Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent) ASTM D2172 $803.00 Determining Low Temperature Performance Grade (PG) of Asphalt Binders ASTM 6816 QOR Thickness/Height of Compacted Bituminous Paving Mixture Specimens (Cores) ASTM D3549 $268.00 Bituminous Mixtures Utilizing Four Inch Marshall Apparatus $248.00 Method of Prep of Bituminous Mixture Test Specimens ASTM D6926 $268.00 Bulk Specific Gravity and Density of Compacted Bituminous Mixtures (LTMD) ASTM D1188 and D2726 $963.00 Indirect Tensile (IDT) Strength of Bituminous Mixtures (TSR) ASTM D6931 QOR Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate ASTM D5444 $375.00 Marshall Stability and Flow of Bituminous Mixtures ASTM D6927 $963.00 Theoretical Maximum Specific Gravity and Density (Rice) ASTM D2041 $375.00 Swell of Bituminous Mixtures $375.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461 $910.00 Preperation of HMA Superpave Gyratory Compaction AASHTO T312 $963.00 Determination of Voids in Compacted Bituminous Mixtures $482.00 Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method ASTM D6307 $428.00 Determination of Asphalt Binder Content of Asphaltic Concrete Mixtures (RAP) by the Ignition Method $428.00 $150.00 Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method ASTM D6307 $428.00 Determination of Asphalt and Moisture Contents of Bituminous Mixtures by Microwave Oven $428.00 Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6) ASTM D1075 $2,140.00 Compressive Strength of Bituminous Mixtures ASTM D1074 $268.00 ** Does not include sample preparation or sieve analysis

LAB SOILS AND ASPHALT TESTS
* Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for laboratory technician.

All fees subject to Basis of Charges
All Fees Subject to Basis of Charges
111

SCHEDULE OF FEES
9070 Center Avenue, Rancho Cucamonga, CA 91730 | Phone: (909) 587-6374 www.fenaghengineering.com

INSPECTING

TESTING

ENGINEERING
Standard Discounted
METALS MATERIALS MECHANICAL TESTS National Standard Rate/Each Rate/Each Mechanical Testing of Steel Products (General Tensile) ASTM A370 $348.00 $150.00 Fillet Weld Break Test for Qualification (Welding) AWS B4.0 $134.00 Tension Testing of Metallic Materials (Welding Coupon Tensile) ASTM E8, B557 and AWS B4.0 $348.00 Mechanical Testing of Steel Products (Couplers) ASTM A370 $348.00 Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic Materials
ASTM E2248 and ASTM E23 QOR
Testing, Practices, and Terminology for Chemical Analysis of Steel Products ASTM A751 $321.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #3-#8 ASTM A370 and E290 $268.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9-#11 ASTM A370 and E290 $321.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+ ASTM A370 and E290 QOR Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete Reinforcement
ASTM A370, A82 and A185 $321.00
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and AWS B4.0 $187.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts Only (Tension and Yield)
ASTM F307, F1554 and F606 $375.00
Rockwell Hardness of Metallic Materials ASTM E18 $107.00 Proof Test for Carbon and Alloy Steel (Nuts Only) ASTM A194 or A563 $241.00 Radiographic Examination of Metallic Castings/Weldments ASTM E94, E1030 and E1032 QOR Macroetching Metals and Alloys ASTM E340, E381 and AWS $241.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, Direct Tension Indicators, and Rivets (HSB Assemblies)
ASTM F606 $268.00
Mechanical Testing of Steel Products (Terminators Tensile) ASTM A370 $268.00 Steel Strand, Uncoated Seven-Wire for Prestressed Concrete ASTM A416 and A1061 $1,070.00

OTHER MATERIALS MECHANICAL TESTS
Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 $428.00 Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 $428.00 Breaking Strength and Elongation of Textile Fabrics (Grab Test) ASTM D5034 $375.00 Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars (FRP) ASTM D3039 $856.00 Moisture Content of Non-Typical Materials ASTM C566 $268.00 Aluminum Oxide Content ASTM C25 $803.00
Viscosity of Non-Typical Materials ASTM D2196 $482.00
Plastic Ultimate Tensile ASTM D638 $375.00

FIREPROOFING
Thickness and Density of Sprayed Fire-Resistive Material (SFRM) ASTM E605 $268.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only) ASTM E736 $107.00

CONTACT INFORMATION
Arizona: 1746 E. Madison Street, Suite 5 • Phoenix, AZ 85034 • P 480.867.6877 Nevada: 3842 E. Post Road, Suite B • Las Vegas, NV 89120 • P 702.449.2132 New England: 12 Tech Cir • Natick, MA 01760 • P 617.938.3774 New York: 54-21 73rd Place • Maspeth, NY 11378 • P 516.423.3482 Northern California: 3942 Valley Avenue, Suite A • Pleasanton, CA 94566 • P 925.403.4747 Southern California: 9070 Center Avenue • Rancho Cucamonga, CA 91730 • P 909.587.6374 Southern California: 9474 Chesapeake Drive, Suite 906 • San Diego, CA 92123 • P 858.427.2200 Texas: 3709 Promontory Point Drive, Suite 210 • Austin, TX 78744 • P 925.403.4746 Washington: 22016 68th Avenue South • Kent, WA 98032

LAB METALS AND OTHER MATERIALS TESTS
All fees subject to Basis of Charges
All Fees Subject to Basis of Charges
112
Bid Results
GEOTECHNICAL – CYPRESS STORM DRAIN PHASE I
SQ-87-DE-19-89

1. Fenagh $236,896.00
Rancho Cucamonga, CA

2. NV5 $260,008.00
Riverside, CA

3. RMA Group $269,110.00
Rancho Cucamonga, CA

4. GeoTek $271,935.00
Corona, CA

113
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3103 Agenda Date: 7/23/2024
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Task Order for Engineering Design Services for the Pavement Rehabilitation Project (2024) RECOMMENDATION:

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Pavement Rehabilitation Project (2024).

DISCUSSION:

On May 14, 2024, the City Council approved allocating $4,687,542 of unspent General Funds from the previous year to street repair and maintenance as part of the Fiscal Year 2023/2024 Third Quarter budget report. The Public Works & Engineering Department utilizes these funds to repair damaged street pavement at various locations where the City receives the most frequent pavement reconstruction and pothole repair requests. The proposed street pavement repair will improve ride quality and enhance safety. In addition, the work will also minimize Public Works’ maintenance efforts.

On May 20th, 2024, Engineering staff solicited a Request for Proposal (RFP) for Engineering Design Services by notifying forty-five (45) pre-qualified firms through the Purchasing Office. Eight (8) prospective bidders downloaded the RFP documents. On June 6, 2024, proposals were received from five (5) firms interested in providing design services for the project. The received proposals for the project ranged in cost from $118,566.00 to $179,915.00. Proposals were evaluated and ranked City of Fontana Printed on 7/18/2024Page 1 of 2
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File #: 21-3103 Agenda Date: 7/23/2024
Agenda #: F. Category: Consent Calendar
in accordance with City policies and procedures.

Engineering staff recommends that the City Council approve a Task Order Agreement in the amount of $118,566.00 with Engineering Resources of Southern California (ERSC) for the Engineering Design Services for the Pavement Rehabilitation Project (2024). ERSC proposed the lowest fee while demonstrating their relevant experience and project understanding.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $118,566.00 for the Task Order. Funds are included in the 2024-25 revised budget in project 37604103, Fund 601 - Capital Reinvestment as part of the prior year carryforward budget as authorized by the City Council.

MOTION:

Approve staff recommendation.

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Prepared For: City of Fontana
Prepared By: ERSC, Inc.

Date: June 6, 2024
TASK
NO. DESCRIPTION

PRINCIPAL IN CHARGE
Matt Brudin
(President)

PROJECT MANAGER
Lori Askew
(Principal Engr.)

PROJECT ENGINEER
Ben Booth,P.E.
(Engineer V)

PROJECT DESIGNER
Katherine Hernandez
(Engineer III)

PROJECT DESIGNER
(Engineer I)
Principal Surveyor
Erik Howard, PE, PLS
Sr. Principal Engineer
SURVEY
Senior Engineering
Associate
SURVEY
2-Man Crew
Sub-consultant
SURVEY
Inland Aerial
$220 $185 $140 $110 $82 $190 $149 $276
1 Project Management, Meetings 2 24 8 8 42 6,880.00$
2 Survey/Base Mapping 1 2 8 8 60 110 18,600$ 189 60,481.00$ 3 As-built Research 2 2 6 4 14 1,638.00$
4 Utility Research 1 4 8 13 1,236.00$
5 Site Review 4 8 8 20 2,740.00$
6 Street Improvements Plans 4 16 24 80 240 364 35,680.00$ 7 Specifications & Cost Estimates 4 16 24 44 5,620.00$
8 Bidding Assistance/Construction Support 1 8 4 13 1,745.00$ 9 Record Drawings 1 2 4 4 8 19 2,246.00$
7 54 71 140 268 8 60 110 718 99,666.00$
1,540$ 9,990$ 9,940$ 15,400$ 21,976$ 1,520$ 8,940$ 30,360$ 18,600$ 118,266.00$

REIMBURSABLES
i Mileage 200.00$
ii Reimbursables, Reproduction, etc. 100.00$
SUBTOTAL 300.00$
PROJECT TOTAL- Not to Exceed Amount 118,566.00$
Estimated Total Labor Costs
City of Fontana - Pavement Rehabilitation & Street Improvement Project Estimated Labor Hours

ESTIMATED TOTAL HOURS

ESTIMATED TOTAL COST
116
Bid Results
PAVEMENT REHABILITATION PROJECT (2024)
SQ-87-DE-19-91

1. ERSC $118,566.00
Redlands, CA

2. TKE Engineering, Inc. $133,292.00
Riverside, CA

3. NV5 $145,500.00
Riverside, CA

4. CWE $170,202.00
Fullerton, CA

5. Tait & Associates, Inc. $179,915.00
Santa Ana, CA

117
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3105 Agenda Date: 7/23/2024
Agenda #: G. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

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

Adopt Resolution No. 2024-063, approving an amendment to the Fiscal Years 2023/2024 - 2027/2028 Measure I Five Year Local Street Capital Improvement Program (CIP) and adopting the Measure I Five Year Local Street Capital Improvement for Fiscal Years 2024/2025 - 2028/2029.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

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

On July 25, 2023, the City Council adopted by Resolution the Fiscal Years 2023/2024 - 2027/2028 Measure I Five Year Local Street Capital Improvement Program, also 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 current fiscal year, the City approves funding for any new projects or amends projects, the “five-year 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 2023/2024).

As program administrator, SBCTA permits local jurisdictions to amend the “five-year look ahead CIP plan” at the end of each fiscal year in order to account for expenditures made. Attachment A to the Resolution is the amended project list for FY 2023/2024 - 2027/2028.

In addition to the amendment to the Fiscal Years 2023/2024 - 2027/2028 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 (FY2024/2025).

Attachment B to the Resolution is the CIP List for Fiscal Years 2024/2025 - 2028/2029, identifying the progress which will be funded by the Local Pass-Through program.

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File #: 21-3105 Agenda Date: 7/23/2024
Agenda #: G. Category: Consent Calendar
FISCAL IMPACT:

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.

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1 of 2

RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING AN AMENDMENT TO THE FISCAL YEAR 2023/2024 -
2027/2028 MEASURE I FIVE YEAR LOCAL STREETS CAPITAL

IMPROVEMENT PROGRAM AND ADOPTING THE MEASURE I FIVE

YEAR LOCAL STREET CAPITAL IMPROVEMENT PROGRAM FOR
FISCAL YEARS 2024/2025 - 2028/2029.

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 pe rcent 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 t he City Council of the City of Fontana, California, hereby adopts the Attachment “A” Measure I Five -Year Capital Improvement Program for Fiscal Years 2023/2024 through 2027/2028 and Attachment “B” Measure I Five -Year Capital Improvement Program for Fiscal Years 2024/2025 through 2028/2029.

APPROVED AND ADOPTED this 23rd day of July, 2024.

120
Resolution No. 2024-___
2 of 2

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 held on the 23rd day of July 2024, by the following to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
City Clerk of the City of Fontana

____________________________________
Mayor of the City of Fontana

ATTEST:

____________________________________
City Clerk
121
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/23 Carryover Balance $20,462,862.00
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $5,617,851 $5,750,598 $5,918,510 $6,091,299 $6,269,105 $29,647,363 Projects:

W Liberty Parkway/Miller TS (0002) No No 0.0% 0.0% $829,884 $183,161 $601,839 $0 $0 $0 $785,000 Fontana SRTS Gap Closure (0003) No Yes 0.0% 0.0% $4,635,000 $150,254 $2,841,834 $0 $0 $0 $2,992,088 Bridlepath at Oxer RRFB Project (0007) No No 0.0% 0.0% $30,000 $1,000 $29,000 $0 $0 $0 $30,000 Speed Hump Project (0009) No No 0.0% 0.0% $200,000 $1,000 $199,000 $0 $0 $0 $200,000 Local Roadway Safety Plan (0012) No No 0.0% 0.0% $96,282 $23,565 $0 $0 $0 $0 $23,565 FYA Installations (0015) No No 0.0% 0.0% $200,000 $65,176 $134,825 $0 $0 $0 $200,000 TruckRte/Street Name Sign Instal (0016) No No 0.0% 0.0% $100,000 $4,545 $95,455 $0 $0 $0 $100,000 Fiber Optic / Heritage Cir & Sierra TS Connectivity (0023) No No 0.0% 0.0% $405,000 $225,162 $179,838 $0 $0 $0 $405,000 Kathy Binks Elem. Sch. SRTS TDA 21 (0024) No Yes 0.0% 0.0% $571,307 $288,127 $0 $0 $0 $0 $288,127 Citywide Centracs Expansion (0027) No No 0.0% 0.0% $187,000 $148,090 $1,000 $0 $0 $0 $149,090 Citywide PTZ Upgrade (0028) No No 0.0% 0.0% $209,000 $209,000 $0 $0 $0 $0 $209,000 Date Elementary School SRTS (ATP) (0029) No Yes 0.0% 0.0% $249,000 $10,432 $39,568 $0 $0 $0 $50,000 Cherry Ave. and S. Highland Ave. TS (0030) No No 0.0% 0.0% $455,000 $378,481 $0 $0 $0 $0 $378,481 Baseline Ave and Palmetto Ave TS (0031) No No 0.0% 0.0% $800,000 $91,618 $708,382 $0 $0 $0 $800,000 Summit Ave. Left-Turn Phasing (0032) No No 0.0% 0.0% $76,000 $1,000 $75,000 $0 $0 $0 $76,000 Street Name Sign Replacement (0033) No No 0.0% 0.0% $216,000 $1,000 $215,000 $0 $0 $0 $216,000 Cypress Ave at Summit Ave TS (0038) No No 0.0% 0.0% $160,000 $70,405 $89,595 $0 $0 $0 $160,000 Westgate at Chery and Victoria Ave (0042) No No 0.0% 0.0% $4,040,000 $6,677 $133,323 $0 $0 $0 $140,000 Etiwanda Ave TS Video Detect System (0043) No No 0.0% 0.0% $36,300 $26,877 $0 $0 $0 $0 $26,877 Randall Ave Improvements (0048) No No 0.0% 0.0% $1,540,000 $156,597 $933,403 $0 $0 $0 $1,090,000 Mango & Wabash RRFB (0050) No No 0.0% 0.0% $50,000 $1,000 $49,000 $0 $0 $0 $50,000 Live Oak & Cloverdale RRFB (0051) No No 0.0% 0.0% $50,000 $1,000 $49,000 $0 $0 $0 $50,000 S.Highland & Juniper Traffic Signal (0052) No No 0.0% 0.0% $260,000 $36,508 $1,000 $222,492 $0 $0 $260,000 Maple Ave Pavement Rehabilitation (0053) No No 0.0% 0.0% $272,000 $1,000 $271,000 $0 $0 $0 $272,000 Santa Ana & Juniper Ave TS (0054) No No 0.0% 0.0% $910,000 $11,181 $1,000 $27,819 $0 $0 $40,000 Valley & Live Oak Recon Curb Return (0057) No No 0.0% 0.0% $285,000 $23,682 $1,000 $260,318 $0 $0 $285,000 TMS Signal Upgrades (0064) No No 0.0% 0.0% $1,331,800 $5,848 $660,052 $0 $0 $0 $665,900 Catawba Ave SRTS TDA 2023 (0068) No No 0.0% 0.0% $792,696 $3,022 $393,326 $0 $0 $0 $396,348 Citywide Bus Pads TDA (0069) No No 0.0% 0.0% $84,319 $1,000 $24,296 $0 $0 $0 $25,296 Citywide RRFB (TDA)(0070) No No 0.0% 0.0% $70,000 $1,000 $16,500 $0 $0 $0 $17,500 Sierra/Riverside TS (3329) No No 0.0% 0.0% $339,310 $287,303 $52,007 $0 $0 $0 $339,310 Alder-Locust-Ramona SRTS (3339) No Yes 0.0% 0.0% $6,051,660 $522,075 $2,882,925 $0 $0 $0 $3,405,000 Cherry/Live Oak Traffic Signal Mod (3341) No No 0.0% 0.0% $1,336,000 $1,138,945 $197,055 $0 $0 $0 $1,336,000 San Sevaine Trail PH I Seg 2 (3345) No No 0.0% 0.0% $17,553,626 $355,436 $368,966 $0 $0 $0 $724,402 Arrow/Tokay TS (3354) No No 0.0% 0.0% $1,712,000 $227,043 $1,484,957 $0 $0 $0 $1,712,000 Citrus/Ceres Traffic Signal (3355) No No 0.0% 0.0% $1,533,000 $1,439,125 $93,875 $0 $0 $0 $1,533,000 Citrus/Malaga Pedestrian Xing (3356) No No 0.0% 0% $100,000 $1,000 $1,000 $98,000 $0 $0 $100,000 Cypress Ave TS/ Intersection Improvements (3361) No No 0.0% 0% $160,000 $70,405 $0 $0 $0 $0 $70,405 Alder Middle School S/W (3367) No Yes 0.0% 0% $3,770,889 $261,521 $2,504,371 $0 $0 $0 $2,765,892 Current
Estimate
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028
Jurisdiction:

FontanaWilliam Castrillon / Resource Budget Officer
(909) 350-7669
[email protected]
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

Page 1 of 2 ends

122
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:

Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028
Jurisdiction:

FontanaWilliam Castrillon / Resource Budget Officer
(909) 350-7669
[email protected]
Mango/So Highland TS (3382) No No 0.0% 0% $1,389,000 $1,024,968 $364,032 $0 $0 $0 $1,389,000 FS 78 Citrus/Chase TS (3384) No No 0.0% 0% $1,114,727 $270,823 $694,177 $0 $0 $0 $965,000 Arrow/Cypress TS (3386) No No 0.0% 0% $2,325,000 $309,165 $2,015,835 $0 $0 $0 $2,325,000 Live Oak /Village Drive TS (F3600074) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Alder Ave & Marygold Ave TS (F3600071) County is lead. No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Beech/Valley TS (F3600073) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Randall & Mango TS (F3600075) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 San Bernardino/Oleander TS (F3600076) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Cherry & Banana TS (F3600041) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Randall & Oleander TS (F3600078) No No 0.0% 0% $1,000,000 $0 $0 $0 $1,000,000 $0 $1,000,000 Beech & Walnut TS (F3600077) No No 0.0% 0% $1,000,000 $0 $0 $0 $1,000,000 $0 $1,000,000 Baseline/Tamarind TS (F3600038) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Catawba/Fontana/Randall TS (F3600047) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Cherry/Village TS (F3600044) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Arrow/Laurel TS (F3600037) No No 0.0% 0% $1,000,000 $0 $0 $0 $1,000,000 $0 $1,000,000 Knox/South Highland TS (F3600045) No No 0.0% 0% $1,000,000 $0 $0 $0 $1,000,000 $0 $1,000,000 Citywide Measure I Traffic Engineering Studies 24637507 No No 0.0% 0% $2,023,647 $148,287 $468,840 $468,840 $468,840 $468,840 $2,023,647 Citywide Measure I Customer Relations 24637013 No No 0.0% 0% $170,400 $96,960 $18,360 $18,360 $18,360 $18,360 $170,400 Citywide Measure I Street Lighting Related 24637509 No No 0.0% 0% $606,300 $122,820 $120,870 $120,870 $120,870 $120,870 $606,300 Citywide Measure I Street Striping Related 24637510 No No 0.0% 0% $375,970 $142,130 $58,460 $58,460 $58,460 $58,460 $375,970 Measure I 2010-2040 Local Cost Allocation 24637014 No No 0.0% 0% $2,251,100 $450,220 $450,220 $450,220 $450,220 $450,220 $2,251,100 Measure I 2010-2040 Local Vehicle Maintenance 24637512 No No 0.0% 0% $274,900 $53,980 $55,230 $55,230 $55,230 $55,230 $274,900 Citywide Measure I Street Related Activities / Traffic Studies 24637513 No No 0.0% 0% $517,611 $100,131 $104,370 $104,370 $104,370 $104,370 $517,611 Citywide Measure I System (Traffic Controller Cabs) 24637514 No No 0.0% 0% $1,210,220 $160,860 $262,340 $262,340 $262,340 $262,340 $1,210,220 Citywide Measure I System (Traffic Controller Equip) 24637515 No No 0.0% 0% $131,670 $126,630 $1,260 $1,260 $1,260 $1,260 $131,670 Citywide Measure I System (Traffic Signal Equip) 24637516 No No 0.0% 0% $1,949,486 $93,486 $464,000 $464,000 $464,000 $464,000 $1,949,486 Citywide Measure I System (Preventative Sig Maint) 24637517 No No 0.0% 0% $502,654 $97,094 $101,390 $101,390 $101,390 $101,390 $502,654 Citywide Measure I System (Traffic Signal Maint) 24637518 No No 0.0% 0% $5,610,070 $253,230 $1,339,210 $1,339,210 $1,339,210 $1,339,210 $5,610,070 Citywide Measure I Traffic-Related Signage 24637519 No No 0.0% 0% $204,636 $75,556 $32,270 $32,270 $32,270 $32,270 $204,636 Citywide Measure I Emergency Reserve Equipment 24637520 No No 0.0% 0% $501,173 $115,613 $96,390 $96,390 $96,390 $96,390 $501,173 Citywide Measure I Traffic Signal Maint Support 24637521 No No 0.0% 0% $117,290 $90,050 $6,810 $6,810 $6,810 $6,810 $117,290 Citywide Measure I Traffic Signal Installation Support 24637522 No No 0.0% 0% $117,290 $90,050 $6,810 $6,810 $6,810 $6,810 $117,290 Citywide Measure I Traffic Signal Communication Support 24637523 No No 0.0% 0% $95,850 $73,610 $5,560 $5,560 $5,560 $5,560 $95,850 Citywide Measure I Traffic Signal Modification/Upgrade 24637424 No No 0.0% 0% $117,540 $90,260 $6,820 $6,820 $6,820 $6,820 $117,540 Citywide Measure I Traffic Signal Timing Sync 24637425 No No 0.0% 0% $123,640 $94,960 $7,170 $7,170 $7,170 $7,170 $123,640 Citywide Measure I Traffic System Improvements 24637426 No No 0.0% 0% $115,050 $86,490 $7,140 $7,140 $7,140 $7,140 $115,050 $10,597,634 $22,015,956 $13,222,149 $7,613,520 $3,613,520 $57,062,779 Total Programming is currently 114% Total Estimated Programming: $57,062,779 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

Page 2 of 2 ends

123
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/24 Carryover Balance $20,553,398.15
FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue Total Est. Rev. $5,586,207 $5,710,856 $5,873,112 $6,032,991 $6,239,210 $29,442,375 Projects:

Speed Hump Project (0009) No No 0.0% 0.0% $200,000 $199,000 $0 $0 $0 $0 $199,000 FYA Installations (0015) No No 0.0% 0.0% $200,000 $134,825 $0 $0 $0 $0 $134,825 TruckRte/Street Name Sign Instal (0016) No No 0.0% 0.0% $100,000 $95,455 $0 $0 $0 $0 $95,455 Citywide Centracs Expansion (0027) No No 0.0% 0.0% $187,000 $1,000 $0 $0 $0 $0 $1,000 Street Name Sign Replacement (0033) No No 0.0% 0.0% $216,000 $215,000 $0 $0 $0 $0 $215,000 Mango & Wabash RRFB (0050) No No 0.0% 0.0% $50,000 $49,000 $0 $0 $0 $0 $49,000 Live Oak & Cloverdale RRFB (0051) No No 0.0% 0.0% $50,000 $49,000 $0 $0 $0 $0 $49,000 Citrus/Malaga Pedestrian Xing (3356) No No 0.0% 0.0% $100,000 $1,000 $98,000 $0 $0 $0 $99,000 W Liberty Parkway/Miller TS (0002) No No 0.0% 0.0% $829,884 $601,839 $0 $0 $0 $0 $601,839 Fontana SRTS Gap Closure (0003) No No 0.0% 0.0% $4,635,000 $2,841,834 $0 $0 $0 $0 $2,841,834 Metrolink Station Access Imprvments (0006) No Yes 0.0% 0.0% $29,490 $1,000 $0 $0 $0 $0 $1,000 Bridlepath at Oxer RRFB Project (0007) No No 0.0% 0.0% $30,000 $29,000 $0 $0 $0 $0 $29,000 Fiber Optic / Heritage Cir & Sierra TS Connectivity (0023) No No 0.0% 0.0% $405,000 $179,838 $0 $0 $0 $0 $179,838 Date Elementary School SRTS (ATP) (0029) No No 0.0% 0.0% $249,000 $39,568 $0 $0 $0 $0 $39,568 Baseline Ave and Palmetto Ave TS (0031) No Yes 0.0% 0.0% $800,000 $708,382 $0 $0 $0 $0 $708,382 Summit Ave. Left-Turn Phasing (0032) No No 0.0% 0.0% $76,000 $75,000 $0 $0 $0 $0 $75,000 Central City Park Sidewalk Improve (0037) No No 0.0% 0.0% $65,220 $1,000 $0 $0 $0 $0 $1,000 Cypress Ave at Summit Ave TS (0038) No No 0.0% 0.0% $160,000 $89,595 $0 $0 $0 $0 $89,595 Westgate at Chery and Victoria Ave (0042) No No 0.0% 0.0% $4,040,000 $133,323 $0 $0 $0 $0 $133,323 Randall Ave Improvements (0048) No No 0.0% 0.0% $1,540,000 $933,403 $0 $0 $0 $0 $933,403 S.Highland & Juniper Traffic Signal (0052) No No 0.0% 0.0% $260,000 $1,000 $222,492 $0 $0 $0 $223,492 Maple Ave Pavement Rehabilitation (0053) No No 0.0% 0.0% $272,000 $271,000 $0 $0 $0 $0 $271,000 Santa Ana & Juniper Ave TS (0054) No No 0.0% 0.0% $910,000 $1,000 $27,819 $0 $0 $0 $28,819 Valley & Live Oak Recon Curb Return (0057) No No 0.0% 0.0% $285,000 $1,000 $260,318 $0 $0 $0 $261,318 TMS Signal Upgrades (0064) No No 0.0% 0.0% $1,331,800 $660,052 $0 $0 $0 $0 $660,052 Catawba Ave SRTS TDA 2023 (0068) No No 0.0% 0.0% $792,696 $393,326 $0 $0 $0 $0 $393,326 Citywide Bus Pads TDA (0069) No No 0.0% 0.0% $84,319 $24,296 $0 $0 $0 $0 $24,296 Citywide RRFB (TDA)(0070) No No 0.0% 0.0% $70,000 $16,500 $0 $0 $0 $0 $16,500 Sierra/Riverside TS (3329) No No 0.0% 0.0% $339,310 $52,007 $0 $0 $0 $0 $52,007 Alder-Locust-Ramona SRTS (3339) No No 0.0% 0.0% $6,051,660 $2,882,925 $0 $0 $0 $0 $2,882,925 Cherry/Live Oak Traffic Signal Mod (3341) No Yes 0.0% 0.0% $1,336,000 $197,055 $0 $0 $0 $0 $197,055 San Sevaine Trail PH I Seg 2 (3345) No No 0.0% 0.0% $17,553,626 $368,966 $0 $0 $0 $0 $368,966 Arrow/Tokay TS (3354) No No 0.0% 0.0% $1,712,000 $1,484,957 $0 $0 $0 $0 $1,484,957 Citrus/Ceres Traffic Signal (3355) No No 0.0% 0.0% $1,533,000 $93,875 $0 $0 $0 $0 $93,875 Citrus/Malaga Pedestrian Xing (3356) No No 0.0% 0.0% $100,000 $1,000 $98,000 $0 $0 $0 $99,000 Alder Middle School S/W (3367) No No 0.0% 0.0% $3,770,889 $2,504,371 $0 $0 $0 $0 $2,504,371 Mango/So Highland TS (3382) No Yes 0.0% 0.0% $1,389,000 $364,032 $0 $0 $0 $0 $364,032 FS 78 Citrus/Chase TS (3384) No No 0.0% 0.0% $1,114,727 $694,177 $0 $0 $0 $0 $694,177 Arrow/Cypress TS (3386) No No 0.0% 0.0% $2,325,000 $2,015,835 $0 $0 $0 $0 $2,015,835 Current
Estimate
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2024/2025 thru 2028/2029
Jurisdiction:

FontanaWilliam Castrillon / Resource Budget Office
(909) 350-7669
[email protected]
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

Page 1 of 2 ends

124
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:

Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2024/2025 thru 2028/2029
Jurisdiction:

FontanaWilliam Castrillon / Resource Budget Office
(909) 350-7669
[email protected]
Live Oak /Village Drive TS (F3600074) No No 0.0% 0.0% $1,000,000 $0 $1,000,000 $0 $0 $0 $1,000,000 Alder Ave & Marygold Ave TS (F3600071) County is lead. No No 0.0% 0.0% $1,000,000 $0 $1,000,000 $0 $0 $0 $1,000,000 Beech/Valley TS (F3600073) No No 0.0% 0.0% $1,000,000 $0 $1,000,000 $0 $0 $0 $1,000,000 Randall & Mango TS (F3600075) No No 0.0% 0.0% $1,000,000 $0 $1,000,000 $0 $0 $0 $1,000,000 San Bernardino/Oleander TS (F3600076) No No 0.0% 0.0% $1,000,000 $0 $1,000,000 $0 $0 $0 $1,000,000 Cherry & Banana TS (F3600041) No No 0.0% 0.0% $1,000,000 $0 $1,000,000 $0 $0 $0 $1,000,000 Randall & Oleander TS (F3600078) No No 0.0% 0.0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Beech & Walnut TS (F3600077) No No 0.0% 0.0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Baseline/Tamarind TS (F3600038) No No 0.0% 0.0% $1,000,000 $0 $1,000,000 $0 $0 $0 $1,000,000 Catawba/Fontana/Randall TS (F3600047) No No 0.0% 0.0% $1,000,000 $0 $1,000,000 $0 $0 $0 $1,000,000 Cherry/Village TS (F3600044) No No 0.0% 0.0% $1,000,000 $0 $1,000,000 $0 $0 $0 $1,000,000 Arrow/Laurel TS (F3600037) No No 0.0% 0.0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Knox/South Highland TS (F3600045) No No 0.0% 0.0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 24637013 MI Customer Relation No No 0.0% 0.0% $91,800 $18,360 $18,360 $18,360 $18,360 $18,360 $91,800 24637014 MI Local Cost Alloca No No 0.0% 0.0% $2,251,100 $450,220 $450,220 $450,220 $450,220 $450,220 $2,251,100 24637424 MI Trf Sig Mods/Upgr No No 0.0% 0.0% $34,100 $6,820 $6,820 $6,820 $6,820 $6,820 $34,100 24637425 MI Trf Sig Timing Sy No No 0.0% 0.0% $35,850 $7,170 $7,170 $7,170 $7,170 $7,170 $35,850 24637426 MI Traffic Sig Impr No No 0.0% 0.0% $35,850 $7,170 $7,170 $7,170 $7,170 $7,170 $35,850 24637507 MI Traffic Engineeri No No 0.0% 0.0% $2,344,200 $468,840 $468,840 $468,840 $468,840 $468,840 $2,344,200 24637509 MI Street Lighting R No No 0.0% 0.0% $604,350 $120,870 $120,870 $120,870 $120,870 $120,870 $604,350 24637510 Street Striping Rela No No 0.0% 0.0% $292,300 $58,460 $58,460 $58,460 $58,460 $58,460 $292,300 24637512 Local Vehicle Mainte No No 0.0% 0.0% $276,150 $55,230 $55,230 $55,230 $55,230 $55,230 $276,150 24637513 MI Street Related Ac No No 0.0% 0.0% $521,850 $104,370 $104,370 $104,370 $104,370 $104,370 $521,850 24637514 System Traffic Controller Cabs No No 0.0% 0.0% $1,311,700 $262,340 $262,340 $262,340 $262,340 $262,340 $1,311,700 24637515 System Traffic Controller Wequipment No No 0.0% 0.0% $6,300 $1,260 $1,260 $1,260 $1,260 $1,260 $6,300 24637516 System Traffic Signa No No 0.0% 0.0% $2,320,000 $464,000 $464,000 $464,000 $464,000 $464,000 $2,320,000 24637517 Preventative Signal No No 0.0% 0.0% $506,950 $101,390 $101,390 $101,390 $101,390 $101,390 $506,950 24637518 MI Traffic Signal Ma No No 0.0% 0.0% $6,696,050 $1,339,210 $1,339,210 $1,339,210 $1,339,210 $1,339,210 $6,696,050 24637519 Traffic Related Sign No No 0.0% 0.0% $161,350 $32,270 $32,270 $32,270 $32,270 $32,270 $161,350 24637520 Emergency Reserve Eq No No 0.0% 0.0% $481,950 $96,390 $96,390 $96,390 $96,390 $96,390 $481,950 24637521 Traffic Signal Maint No No 0.0% 0.0% $34,050 $6,810 $6,810 $6,810 $6,810 $6,810 $34,050 24637522 Traffic Signal Insta No No 0.0% 0.0% $34,050 $6,810 $6,810 $6,810 $6,810 $6,810 $34,050 24637523 Traffic Signal Comm No No 0.0% 0.0% $27,800 $5,560 $5,560 $5,560 $5,560 $5,560 $27,800 $22,018,986 $13,320,179 $7,613,550 $3,613,550 $3,613,550 $50,179,815 Total Programming is currently 100% Total Estimated Programming: $50,179,815 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

Page 2 of 2 ends

125
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3106 Agenda Date: 7/23/2024
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Development Impact Fee Credit Agreement related to Parcel Map No. 20508 and Design Review No. 22-007
RECOMMENDATION:

Approve and authorize the City Manager to execute a Development Impact Fee Credit Agreement with CPL Slover LLC, a Delaware limited liability company, related to Parcel Map No. 20508 and Design Review No. 22-007, located north of Slover Avenue at Banana Avenue, for the required construction of offsite improvements at the intersection of Slover Avenue and Calabash Avenue.

DISCUSSION:

On June 21, 2022, the Planning Commission approved Tentative Parcel Map No. 20508 (TPM No. 22 -002) and Design Review No. 22-007 for the construction of a 289,875 square foot warehouse building, located north of Slover Avenue at Banana Avenue. The building square footage changed slightly and was permitted as a 291,742 square foot warehouse building.

Chapter 21, Article VI - Construction and/or Dedication In-Lieu of Development Impact Fees (Section 21-151 through 21-154) of the Fontana Municipal Code establishes a policy allowing in-lieu fee credit agreements between the City and developers. This provides an alternative method for satisfying a developer’s obligation to mitigate impacts from the development other than through payment of development impact fees.

This Development Impact Fee Credit Agreement for Circulation Fees will provide fee credits toward the applicant’sdevelopment impact fee obligations for the construction of infrastructure (circulation) at the intersection of Slover Avenue and Calabash Avenue as shown on Exhibit B and as follows:

Subject Development Construction In-Lieu Net Development Fee Obligation Amount Fee Obligation
Circulation $1,193,224.78 $1,221,421.98 $0.00 Total $1,193,224.78 $1,221,421.98 $0.00
City of Fontana Printed on 7/18/2024Page 1 of 2
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File #: 21-3106 Agenda Date: 7/23/2024
Agenda #: H. Category: Consent Calendar
FISCAL IMPACT:

The approval of the Development Impact Fee Credit Agreement results in a reduction of the developer’s Circulation fee for the project.

MOTION:

Approve staff recommendation.

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CPL SLOVER LLC,A DELAWARE LIMITED LIABILITY COMPANY
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PARCEL MAP NO. 20508 / DESIGN REVIEW NO. 22-007

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT

between

THE CITY OF FONTANA,
a California municipal corporation

and

CPL SLOVER LLC,
a Delaware limited liability company

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DEVELOPMENT IMPACT FEE CREDIT AGREEMENT

1. PARTIES AND DATE
This Development Impact Fee Credit Agreement (“Agreement”) is made this ______ day of July, 2024 for reference purposes only, between: The City of Fontana (“City”), a California municipal corporation and CPL SLOVER LLC, a Delaware limited liability company (“Developer”). The term “Developer” includes Developer and its successors to all or any portion of the Property. This Agreement will not become effective until the date (“Effective Date”) on which all of the following are true:
(i) This Agreement has been approved and executed by the appro priate authorities of the Developer, as defined in this Section 1, and this Agreement has been delivered to the City;
(ii) Following all legally required notices and hearings, this Agreement has been approved by the City’s City Council; and
(iii) This Agre ement has been executed by the appropriate authorities of the City and delivered to Developer.

2. RECITALS

2.1 Developer owns certain real property located in the City of Fontana, San Bernardino County, State of California, and shall be referred to herein as the “Property”. The Property is more particularly shown in Exhibit “A” attached hereto and incorporated by reference herein and consists of approximately 12.713 gross acres and 12.142 net acres.

2.2 The Developer is developing an approximately 291,742 square foot warehouse building on the Property more particularly described as Parcel Map No. 20508 / Design Rev iew No. 22-007 (“Project”).

2.3 The City has imposed certain conditions of approval on the Project in connection with the City’s issuance of a building permit for the Project, which conditions, among other things, require the payment of, among others, cert ain Circulation development impact fees (“Subject Development Fees”) as follows:

Subject Development Fee
Obligation
Construction In-Lieu
Amount
Net Development
Fee Obligation
Circulation $1,193,224.78 $1,221,421.98 $0
Total $1,193,224.78 $1,221,421.98 $0

Such fees are set based upon the City’s determination as to the square footage of the warehouse attributable to the Project as more particularly set forth in Exhibit “B” attached hereto and incorporated by reference herein.
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2.4 In satisfaction of the Subject Development Fee Obligation as identified in Recital 2.3 above, Developer shall, at its sole cost, expense and liability, construct and dedicate to the City certain public improvements as more particularly set forth in this Agreement.

3. TERMS

3.1 Payment of Subject Development Fees

3.1.1 Payment of Subject Development Fees. Developer would, in the absence of this Agreement, be obligated to pay the Subject Development Fees described in Recital 2.3 in accordance with the City’s normal fee payment schedule, as a condition to the issuance of a building permit for the Project. Such amount would total One Million One Hundred Ninety-Three Thousand Two Hundred Twenty-Four and 7 8/100ths Dollars ($1,193,224.78) (“Subject Development Fee Obligation”). However, Developer shall construct and dedicate the Subject Improvements as set forth in Section 3.2 below, at a cost to Developer of approximately One Million Two Hundred Twenty-One Thousand Four Hundred Twenty -One and 98 /100ths Dollars ($1,221,421.98). Therefore, upon Developer’s dedication to City and City’s acceptance of the Subject Improvements, as defined and set forth in Section 3.2.1, below, Developer shall be deemed to have satisfied its Subject Development Fee Obligation. Developer shall thereafter be entitled to no further payment, reimbursement or refund arising out of or related to the Subject Development Impact Fee Obligation.

3.1.2 Full Satisfaction of Subject Development Fees . The Subject Development Fee Obligation shall be satisfied f or the Project in consideration of Developer’s construction and dedication, and the City’s acceptance, of those Subject Improvements, as defined and set forth in Section 3.2.1, below, in accordance with this Agreement.

3.2 Construction and Dedication of Subject Improvements.

Developer hereby warrants and guarantees all Subject Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reas onably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Sub ject Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Subject Improvements that have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Subject Improvements. Nothing herein shall relieve 131

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Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Subject Improvement following expiration of the Warranty or any extension thereof.

Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

3.2.2 Subdivision Improvement Agreements. Developer and City have heretofore entered into one or more subdivision improvement agreements for the Project, pursuant to Government Code section 66462 (“Improvement Agreement”). All work required to be completed by Developer under this Agreement shall be subjec t to the provisions of the Improvement Agreement, including, without limitation, the security, insurance, prevailing wage, and indemnification provisions thereof.

3.2.3 Meaning of “Dedicate.” The term “dedicate,” as used in this Agreement, means to acqui re all necessary land or rights -of-way and to construct thereon the Subject Improvements required by this Agreement, and thereafter to offer to convey such land/rights -of-way and improvements to the City at no cost to the City. Developer shall offer the l and/rights-of-way and Subject Improvements at the time required by the City Engineer in the exercise of his or her reasonable discretion. The satisfaction of Developer’s obligations with respect to the dedication of the Subject Improvements described in this Section 3.2 shall be contingent upon the City Council’s acceptance of said improvements, which acceptance shall occur in a manner consistent with the City’s standard policies and standards for the acceptance of dedicated improvements.

3.3 Not a Statutory Development Agreement. This Agreement is not a statutory development agreement as described by Government Code section 65864, et seq. This Agreement confers no vested entitlements with respect to the development of the Project. This Agreement does not limit, in any way whatsoever, any authority the City may have to lawfully increase Impact Fees, change land use regulations, or otherwise lawfully exercise all powers available to the City pursuant to its police power, statutes, and judicial decision. Likewise, nothing in this Agreement shall limit, in any way, any right or remedy Developer may have to protest or challenge any unlawful increase in the Impact Fees. Except where subject to partial or total satisfaction as provided in this Agreement, Developer shall pay all Impact Fees, as they may be adjusted by the City during construction of the Project. Without limiting the generality of the foregoing paragraph, if the City at any time increases its Impact Fees, and such increases can otherwise be lawfully imposed ag ainst the Project, then Developer (or its successors, as applicable) shall pay the increased Impact Fees for only those portions of the Project (units or acreage, as applicable) for which the prior, lower Impact Fees have not yet been paid in full at the t ime provided for in this Agreement. If the City increases any Subject Development Fee, and such increase results in the value (as established by the applicable fee program) of the Subject Improvements being less than Developer’s increased Subject Developm ent Fees for only those portions of the Project for which the prior, lower Impact Fees have not yet been paid in full, then Developer shall pay the amount of the difference between the Subject Improvement’s value and the increased amount of the Subject Development Fees.

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(i) The City may terminate this Agreement in its entirety and shall have no obligation to reduce the Developer 's Subject Development Fee Obligation as set forth in Section 3.1 ; provided, however, that the City shall either (1) reimburse the Developer for the Developer’s actual third -party costs (without interest) incurred with respect to any public improvements satisf actorily completed and dedicated to the City prior to termination, or (2) reimburse the Developer’s Impact Fee obligation in a particular category in an amount equal to the Developer’s actual third -party costs (without interest) incurred with respect to the public improvements related to that category that are satisfactorily completed and dedicated to the City prior to termination; provided, however, that the maximum amount of the reimbursement paid or credit given pursuant to (1) or (2) above shall not exc eed the cost for the public improvements satisfactorily completed and dedicated prior to termination as set forth in the applicable fee program or study upon which the applicable Impact Fee is based; or
(ii) The City may terminate this Agreement in its ent irety and shall have no obligation to credit to Developer the Subject Impact Fee reduction as set forth in Section 3.1; provided, however, that the City shall either (1) reimburse the Developer for the value (“Incomplete Value”), as determined in the City Engineer’s reasonable discretion, of any public improvements that are not satisfactorily completed and dedicated to the City prior to termination; or (iii) The City may exercise any other right or remedy available to it at law or in equity.

3.5 No Waiver. Developer’s or the City’s failure to insist on performance of any of the terms or conditions of this Agreement or to exercise any right, remedy or privilege, or Developer’s or the City’s waiver of any breach hereunder, shall not thereafter be deemed a subsequent waiver of any other terms, conditions, or rights, remedies or privileges, whether of the same or similar type. No party will be deemed to have waived any rights under this Agreement unless the waiver is made in writing and signed by the waiving p arty’s duly authorized representative. All rights and remedies provided for under this Agreement are cumulative.

3.6 Cooperation. The parties agree to cooperate with each other in furthering the purposes of this Agreement. The parties hereby agree to ta ke such other actions and execute such other reasonable documents as are consistent with this Agreement and as are reasonably necessary to effectuate this Agreement; provided, however, that the foregoing shall not require the City to take any legislative act or exercise its discretion in any particular manner.

3.7 Entire Agreement. This Agreement contains the final and complete agreement between the parties with respect to the matters herein discussed and supersedes all previous communications and agreement s between them, either oral or written, to the extent such prior communications and agreements are inconsistent with this Agreement.

3.8 No Agency. Each party acknowledges that it is not the agent or fiduciary of the other. 133

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3.9 No Assignment . This Ag reement, including, without limitation, the parties’ obligations under Section 3.2, is not assignable, in whole or in part, by Developer, without the prior written consent of the City, and any attempt to make such assignment shall be void and shall constitute an incurable material default under this Agreement.

3.10 Attorneys’ Fees. In the event that any action or proceeding is commenced to regarding any term of this Agreement, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party’s costs of suit and reasonable attorneys’ fees. The prevailing party shall be as determined by the court in accordance with Code of Civil Procedure section 1032. The attorneys’ costs and expert fees recoverable pursuant to this Section 3.10 include, without limitation, attorneys’ costs and expert fees incurred on appeal and those incurred in enforcing any judgment rendered. Attorneys’ costs and fees may be recovered as an element of costs in the underlying action or proceeding or in a separa te recovery action.

3.11 Notices. All notices, demands or other communications (collectively, “Notices”) required or allowed by this Agreement shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three (3) business days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of delivery by facsimile transmission to the recipient named below. All Notices shall be addressed as follows:

If to the City: City of Fontana
8353 Sierra Avenue
Fontana, CA 92334-0518
Attn: City Manager

With copies to: Best Best & Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Attn: Ruben Duran

If to Developer: CPL SLOVER LLC
2442 Dupont Drive
Irvine, CA 92612
Attn: Jacob R. LeBlanc

With copies to: CPL Slover LLC
c/o Panattoni Development Company, Inc.
7887 E. Belleview Avenue., Suite 475
Denver, CO 80111
Attn: Lauren Kerns

and

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Reinhart Boerner Van Deuren s.c.
1401 Lawrence Street, Suite 1600
Denver, CO 80202
Attn: Jennifer L. Stenman, Esq.

Any party may, by notice given at any time, require subsequent Notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of Notice of change shall not be invalidated by the change.

3.12 Governing Law. This Agreement and its provisions shall in all respects be interpreted, construed, enforced and governed by and under the laws of the State of California, without regard to its conflict of laws principles.

3.13 Consent to Jurisdiction, Venue and Service . Any action or proceeding brought respecting this Agreement shall be instituted and maintained in the appropria te court in the County of San Bernardino, California. Developer hereby forgoes and waives any provision of State or Federal law or judicial decision providing for a change of venue from such court on the grounds that the City is or may be a party to any such action or proceeding, including, without limitation, California Code of Civil Procedure section 394. Each party hereby irrevocably consents to the personal jurisdiction of the court. Service of process may be made in any manner provided by law.

3.14 Modification. This Agreement may be modified only by another written instrument duly authorized and executed by the parties. The foregoing notwithstanding, the City Manager is hereby authorized to make such minor amendments to this Agreement on behalf of the City as the City Manager may deem prudent and necessary in its administration, with the co ncurrence of the City Attorney.

3.15 Severability. The provisions of this Agreement are specifically made severable. If any clause, provision, rights and/or rem edy provided for herein is unlawful or unenforceable, the remainder of this Agreement shall remain in effect and be enforced as if such clause, provision, right and/or remedy were not contained herein.

3.16 Rules of Construction. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against, either the City or Developer. Section headings in this Agreement are for convenience only and are not to be considered as a part of this Agreement or in any way limiting or amplifying the provisions hereof. All provisions and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identification of t he person or persons, firm or firms, corporation or corporations may require. This Agreement is the product of mutual negotiation and drafting efforts. Accordingly, the judicial rule of construction that ambiguities in a document are to be construed aga inst the drafter of that document shall have no application to the interpretation or enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence not directly in conflict with the express terms hereof to ascertain and give effect to the intent of the parties to this Agreement.
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3.17 Execution/Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all such counterparts together shall constitute the entire agreement of the parties hereto.

3.18 Authorization. Each individual executing this Agreement hereby represents and warrants that he or she has the full power and authority to execute this Agreement on beha lf of the named parties.

[Signatures on Following Pages]
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S-1

SIGNATURE PAGE
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
City:

CITY OF FONTANA,
a California municipal corporation

By:

Matthew C. Ballantyne
City Manager
Attest:

By:

Germaine Key, City Clerk
Approved as to form:

Best Best & Krieger LLP
City Attorney

By:

Phillip Burum, Deputy City Manager
Development Services Organization

By:

Gia Kim
Public Works Director/City Engineer

[Signatures continued on next page]

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S-2

SIGNATURE PAGE
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
Developer:

CPL SLOVER LLC,
a Delaware limited liability company
By: CP LOGISTICS PLATFORM, LLC,
a Delaware limited liability company,
its Sole Member
By: PANATTONI CLP, LLC,
a Delaware limited liability company,
its Administrator
By: PANATTONI CLP OPERATOR, LLC,
a Delaware limited liability company,
its Manager
By:

Name: Lauren M. Kerns
Its: Vice President

138

EXHIBIT A
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
Depiction of Property
[Attached, consisting of 1 Sheet]

139
140

EXHIBIT B
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
Subject Development Fees
[Attached, consisting of 1 Sheet]

141
I. TRAFFIC/CIRCULATION FEE

CIRCULATION ELEMENT IMPACT FEE QUANTITY FEE TOTAL
Industrial 291,742 BLDG SF $4.090 $1,193,224.78
Total Construction Credit $1,221,421.98
TOTAL OBLIGATION - REMAINING FEES DUE ($28,197.20)

CIRCULATION CONSTRUCTION CREDIT QUANTITY

PROGRAM

COST TOTAL

SLOVER AVENUE & CALABASH AVENUE - TRAFFIC SIGNAL
MOBILIZATION(S) 1 LS 27,000.00$ $27,000.00
TRAFFIC SIGNAL 1 LS 427,088.69$ $427,088.69
TRAFFIC CONTROL 1 LS 36,922.00$ $36,922.00
STAKING 1 LS 6,500.00$ $6,500.00
GRADING 3,692 SF 11.17$ $41,239.64
ASPHALT PAVING PATCH BACK 220 SF 25.15$ $5,533.00 STREET SIGNING & STRIPING 1 LS 10,075.00$ $10,075.00 ACCESS RAMP PER CITY STANDARD 1003 4 EA 2,203.26$ $8,813.04 9" PCC PAVEMENT PER CITY STANDARD 1008 2,826 SF 20.00$ $56,520.00 FENCING RELOCATION 1 LS 7,355.00$ $7,355.00
SWPPP 1 LS 9,297.00$ $9,297.00
FIRE HYDRANT RELOCATION 1 LS 20,940.00$ $20,940.00 RELOCATE & REPLACE POWER POLES 5 EA 43,200.00$ $216,000.00 POTHOLING 1 LS 66,272.00$ $66,272.00
SUBTOTAL - SLOVER AVENUE & CALABASH AVENUE - TRAFFIC SIGNAL $939,555.37 SUBTOTAL - CIRCULATION CONSTRUCTION CREDIT $939,555.37
CONSTRUCTION CONTINGENCY (10%) $93,955.54
$187,911.07
TOTAL - CIRCULATION CONSTRUCTION CREDIT $1,221,421.98
CONSTRUCTION SOFT COSTS: DESIGN & PERMITS/FEES, CONSTRUCTION MANAGEMENT - (20%)

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
SLOVER & BANANA PROJECT - 14090 SLOVER AVENUE, FONTANA, CA PARCEL MAP NO. 20508
EXHIBIT "B"

SUBJECT DEVELOPMENT FEES
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EXHIBIT C
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
Subject Improvements
[Attached, consisting of 1 Sheet]

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144
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3116 Agenda Date: 7/23/2024
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of Tract No. 20018 In-Tract Improvements: Street, Sewer, Storm Drain, and Signing & Striping
RECOMMENDATION:

1. Accept as complete the In-Tract Improvements: Street, Sewer, Storm Drain, and Signing & Striping for Tract No. 20018, located on the east side of Lytle Creek Road, north of Summit Avenue.

2. Adopt Resolution No. 2024-064, accepting the In-Tract sewer system for Tract No. 20018 as part of the City sewer system.

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

DISCUSSION:

D.R. Horton Los Angeles Holding Company, Inc. constructed in-tract Improvements: street, streetlights, sewer, storm drain, and signing and striping for Tract No. 20018. The private community is located on the east side of Lytle Creek Road, north of Summit Avenue. Tract No. 20018 is a residential development and has a total of 156 lots.

The City Council of the City of Fontana, during a regular meeting on November 14, 2023, accepted as complete the off-site improvements for Tract 20018 and accepted the public sewers in Tract No. 20018 as part of the city sewer system per Resolution No. 2023-103.

The street, sewer, storm drain, and signing & striping in-tract improvements for Tract 20018 are now complete and acceptance by the City Council is required pursuant to Fontana Municipal Code, Section 26-184(b). The streetlight improvements are installed by Southern California Edison (SCE) and will be an SCE facility, therefore, acceptance by the City Council is not required.

The street, streetlight, sewer, storm drain, and signing & striping in-tract improvements have been completed to the satisfaction of the Department of Engineering. By accepting the improvements as complete, the City will be taking over the maintenance of these improvements. SCE will be taking over the maintenance of the streetlight improvements.

This action will also authorize the release of the Faithful Performance Bond, which was posted to City of Fontana Printed on 7/18/2024Page 1 of 2
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File #: 21-3116 Agenda Date: 7/23/2024
Agenda #: I. Category: Consent Calendar
This action will also authorize the release of the Faithful Performance Bond, which was posted to guarantee performance of the Subdivision Agreement. It will also authorize the release of the Labor and Material Bond after six (6) months and the Warranty Bond after twelve (12) months, less the total of any claims received by this date. The street, storm drain, and sewer improvements have met all Conditions of Approval and the improvements were inspected by the Department of Engineering.

Tract Map No. Bond No._ Bond Amount_ Bond Type_
20018 LICX1210807 $4,061,931.00 Faithful Performance 20018 LICX1210807 $4,061,931.00 Labor and Materials FISCAL IMPACT:

As part of the action to accept as complete the street, sewer, storm drain, and signing & striping in- tract improvements on for Tract No. 20018, these improvements will be deemed complete, and the City will take over operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2024-25 revised budget in the Public Works Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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SUBDIVISION IMPROVEMENT AGREEMENT

Tract Map No.: 20018

THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and D.R. Horton Los Angeles Holding Company Inc ("Subdivider"):

WHEREAS, the application for tentative Tract Map No. 20018, was conditionally approved on July 14, 2020 ; and

WHEREAS, Subdivider is the owner of that certain parcel of land defined by the Final Map and Subdivider proposes to do and perform certain work of imp rovement thereon as set forth in this agreement; and

WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, the terms and conditions of which are incorporated herein by reference; and

WHEREAS, Subdivider declares acknowledgement the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and

WHEREAS, a Fi nal Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council;

NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:

1. General requirements:

Subdivider shall , at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer of the City of Fontana.

All required improvements have an estimated cost of construction totaling Four Million Six ty-One Thousand Nine Hundred Thirty -One Dollars ($4,061,931.00) as shown on Exhibit " A". Improvements are shown on approved plans on file with City Engineer.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculation of the amount of securities 147

Revised – KE -9/17/20

required pursuant to the provisions of section (2), below . Subdivider’s obligation to complete the improveme nts, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider’s surety in connection with the securities required pursuant to the provisions of section (2), below.

2. Security:

Subdivider shall, at all times, guarantee its performance of this agreement by furnishing to City and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by City for the purposes and in the amounts as follows:

a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and

b. To secure payment to any contracto r, sub -contractor, pers ons renting equipment or furn ishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and

c. To guarantee or warranty the work done pur suant to this agreement for a period of one (1) year following acceptance thereof by City Council of the City of Fontana against any defective work or labor done or defective materials furnished in the am ount of 20% of the esti mated cost of construction of the improvements; and

d. To warranty the setting of required subdivision monuments within one - year following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A".

e. To guarant ee the landscape maintenance of all landscape improvements for a period of one year (1) year following acceptance of thereof by the City.

The securities required by this agreement shall be kept on file with the City Clerk.

The terms of the security docu ments required by this agreement are hereby incorporated in this agreement by reference and copies attached hereto.

The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub -contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the 148

Revised – KE -9/17/20

City Council, less the total o f all claims to which t he City has been given proper notice.

Securities may be released upon the final completion and acceptance of the work subject to the provisions herein. The City Council, in its absolute discretion, may release a portion of the secu rity given for faithful performance of the improvement work as the improvement progresses upon application thereof by the Subdivider.

3. Time of Completion:

All of the required improvements shall be completed within 24 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Subdivider shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay.

In addition to the extension for the reasons referenced in the foregoing paragraph, Subdivider may submit a written request , Exhibit “B” , for a discretionary extension of the time for completion of the improvements to the City Engineer.

The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If a n extension of time is granted it shall in no way af fect the validity of this contract or release the surety on the securities referenced herein.

In the event that Subdivider fails to complete the improvements within the required period or any approved e xtension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. If City pursues completion of the improvement work, it may require Subdivider, or his surety, t o pay the City in advan ce, sufficient monies to cove r the City's cost in completing construction of the improvements.

Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Subdivid er, or Subdivider’s surety pursuant to Section 2 of this Agreement, has provided the City Engineer with written notice of Subdivider’s intent to abandon or otherwise not complete the improvements.

4. Effective Date of Agreement:

This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted 149

Revised – KE -9/17/20

the Final Map for reco rdation by the County Recorder of the County of San Bernardino.

5. Utility Deposits - Statements:

Prior to the commencemen t of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and the City Engineer, signed by the Subdivider, and each public utility involved, to the eff ect that Subdivider has made all deposits legally required by such public utility for the connection/extension of any and all public serving utilities to be provided to or within the subdivision.

6. Permits - Compliance with Law:

Subdivider shall, at Su bdivider's expense, obt ain all necessary permits and licenses, pay all charges, fees and taxes, and give all necessary and incidental notices to the due and lawful prosecution of the work.

7. Definition and Ownership of Improvements:

The term "improveme nts" means: grading, pa ving, curbs and gutters, path ways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specificati ons which have been pre pared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of the City of Fontana . No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, approved and permitted by the City Engin eer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.

8. Obligations of Subdivider:

Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the C ity thereof shall in no way relieve Subdivider of satisfactorily performing all work on the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the C ity as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlik e manner and in accordance with responsible construction practices.

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Revised – KE -9/17/20

9. Superintendence by Subdivider:

Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory to the City Engineer, to supervise the work at all tim es during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.

10. Repair and Replacements:

Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whoms oever or by combinat ion of such owners. Any such re pair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.

11. Inspection by City:

Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.

12. Approval by City Engineer.

All required improvemen ts shall be construc ted under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this co ntract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaire d or replaced, by th e Subdivider, to the satisfactio n of the City Engineer before the final acceptance of completed work and release of security.

13. Liability for Performance Injury or Damage:

Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any erro r or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any 151

Revised – KE -9/17/20

cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.

14. Indemnification and Release:

Prior to the co mmencement of any wo rk pursuant to this contract, Su bdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees agains t loss or liability which may ar ise during the work or which may result from any of the work herein required to be done, including all costs of defending and claim arising as a result thereof. Minimum liability and property damage insu rance shall not be l ess than $250,000 for all damages arising out of bodily injury to a death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any occurrence; and not less than $250,000 for all damages and/or destruction of prop erty in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period.

Such policy shall be in favor of Subdivider or its contractors and of the Ci ty, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. The policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation.

The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, lo ss, damage and liabi lity, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or non -performance of any of or all work to be done in and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, t he Subdivider's agents, employees, and sub -contractors, while engaged in the performance if the work.

15. Liability of Subdivider:

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance b y the City shall in no way elimi nate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an 152

Revised – KE -9/17/20

acceptance and approval of any or all of the required improvements in said subdivision.

16. Relationship of Contractors:

It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are n ot agents of the City, if any, a re those of independent contractors.

17. Repair or Reconstruction of Defective Work:

If, within a period of up to one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements for work done under t his Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the Cit y), repair or replace or reconst ruct any defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or r eplacements to be made before Su bdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labo r and materials, or warranty obl igations under this agreement.

18. Warranty:

Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and accep tance thereof by the City , and the setting of all required Final Map monuments.

19. Assignment:

This agreement shall not be assignable by Subdivider without written consent of City.

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IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, having been duly executed by the Subdivider herein named on the day of , 20 being duly signed by its undersigned representative(s) pursuant to authority of its governing body.

SUBDIVIDER CITY OF FONTANA

By: By:

Shannon Yauchzee, Interim City Manager

By: Attest:

Tonia Lewis, City Clerk

APPROVED AS TO FORM:

By:

Ruben Duran, City Attorney

APPROVED AS TO CONTENT:

By:

Ricardo Sandoval, City Engineer

Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities

D.R. Horton Los Angeles Holding
Company, Inc.

Name: VICKI GULLION_________
Title: ASSISTANT SECRETARY_
154

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Exhibit “A”

INSERT ENGINEER’S

COST ESTIMATE

IN THIS SPOT

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STAFF USE ONLY
ENGINEERING PC NO.
__________________

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE **EXHIBIT "A"**
SHEET 1
DATE: _____________________
DEVELOPER PROJECT NAME__________________
ENGINEER TRACT MAP NO._________________
PHONE NO. PARCEL MAP NO. _______________

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _
4" SIDEWALK S.F. 5.00 _
ACCESS RAMP EA 2500.00 _
DRIVE WAY APPROACHES S.F. 11.00 _
ASPHALT CONCRETE DIKES L.F. 11.00 _
FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _
*A.C. TON 90.00 _
*A.C.OVERLAY(1"MI.THICKNESS) S.F. .80 _
**PCC CURB ONLY (MEDIAN) L.F. 16.00 _
ADJUST SEWER MANHOLE TO GRADE EA 500.00 _

ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00 _
ADJUST WATER VALVES TO GRADE EA 250.00 _
BARRICADES L.F. 40.00 _
2 X 4 REDWOOD HEADER L.F. 5.00 _
*REMOVAL OF A.C. PAVEMENT S.F. .66 _
**REMOVAL OF P.C.C. CURB L.F. 6.00 _
*REMOVAL OF A.C. BERM L.F. 5.00 _
RETAINING WALL H=2 1/2 FT.

OR LESS L.F. 40.00 ________
BLOCK WALL H=6 FEET L.F. 50.00 ________
AGGREGATE BASE TON 30.00 _ __
GUARD POSTS EA 70.00 _
GUARD PANEL (WOOD) L.F. 40.00 _
SAWCUT L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 25 0.00 _
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________ ______________________ ________ EA _______ ________ STREET IMPROVEMENT SUBTOTAL __
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
==== NAME SIGNS
ELPC20-000035

APPROVED
Permit No.:ELPC20-000035
By: Gabriel Guerrero
Date: 09/03/2020

DEPARTMENT OF ENGINEERING
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SHEET 2

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP L.F. 90.00 ________
* 24" RCP L.F. 110.00 ________
* 30" RCP L.F. 200.00 ________
* 36" RCP L.F. 220.00 ________
* 42” RCP ________ L.F. 240.00 ________
* 48" RCP L.F. 260.00 ________
* 54" RCP L.F. 280.00 ________
* 60" RCP L.F. 300.00 ________
* 66” RCP ________ L.F. 320.00 ________
* 78” RCP ________ L.F. 340.00 ________
* 24” CMP ________ L.F. 90.00 ________
* 60” CMP ________ L.F. 320.00 ________
CATCH BASIN/CURB INLET:

W=7 EA 4,000.00 ________
W=10 EA 4, 500.00 ________
W=14 EA 6,000.00 ________
W=21 EA 11,000.00 ________
W=28 EA 14,000.00 ________
JUNCTION STRUCTURE EA 3,200.00 ________

TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00 ________
DISCHARGE STRUCTURE EA 2,800.00 ________
MANHOLES EA 2,500.00 ________
LOCAL DEPRESSION EA 1,250.00 ________
GRATE INLET STRUCTURE EA 2,100.00 ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
STORM DRAIN IMPROVEMENT SUBTOTAL ________
* REINFORCE CONCR ETE PIPE

SANITARY SEWER IMPROVEMENTS
MANHOLES 60" DIAMETER EA 4,500.00 ________
MANHOLES 48" DIAMETER EA 4,000.00 ________
DROP MAN HOLES EA 4,500.00 ________
WYES EA 100.00 ________
CLEANOUTS EA 600.00 ________

REMODELING OF EXISTING
MANHOLE EA 950.00 ________
** 4" VCP L.F. 50.00 ________
** 6" VCP L.F. 6 0.00 ________
** 8" VCP L.F. 70.00 ________
** 10" VCP L.F. 80.00 ________
** 12" VCP L.F. 90.00 ________
** 15" VCP L.F. 100.00 ________
__________________ ________ L.F. _______ ________
__________________ ________ L.F. _______ ________
SANITARY SEWER IMPROVEMENT SUBTOTAL ________
** VITRIFIED CLAY PIPE
X 4'
XXXXXXX 96" CMP
XXX SDR-35 XXXXX 40.00
XXX SDR-35 XXXXX 37.00
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SHEET 3

TRAFFIC SIGNALS/SIGN/STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 50K _
TWO CORNERS L.S. 100K _
TRAFFIC SIGNAL NEW L.S. 250K _
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 _
PAINT TRAFFIC STRIPE(2 COATS) L.F. .65 _
PEDESTRIAN CROSSWALK STRIPING L.F. .65 _

PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50 ________
PAVEMENT MARKER (REFLECTIVE) EA 4.00 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 250.00 _
___________________ ________ EA ________ ________
___________________ ________ EA ________ ________
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL __

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. $12.00 _
CENTER MEDIAN S.F. $12.00 _
LANDSCAPING IMPROVEMENTS SUBTOTAL __________
"STOP"
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SHEET 4
SUBTOTALS:

STREET IMPROVEMENT SUBTOTAL....................___________________ STORM DRAIN IMPROVEMENTS SUBTOTAL..............___________________ SANITARY SEWER IMPROVEMENTS SUBTOTAL...........___________________ TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........___________________

IMPROVEMENT SUBTOTAL ===================
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*)

CFD LANDSCAPE IMPROVEMENTS ....................___________________ SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ...___________________ STREET LIGHTS _______ @ $5,000 ................___________________ CUCAMONGA COUNTY WATER DISTRICT FACILITIES.....___________________

IMPROVEMENT SUBTOTAL.... ===================
ADD 35%..................... ____________________

BONDING TOTAL........___________________

APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMP. DWG. NO._____________________
STREET LIGHT DWG. NO.____________________
SEWER IMP. DWG. NO.______________________
STORM DRAIN IMP. DWG. NO. _______________
TRAFFIC SIGNAL DWG. NO.__________________
SIGNING & STRIPING DWG. NO.______________
159

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SUBDIVISON IMPROVEMENT AGREEMENT
Tract Map No.:

Exhibit “B”

I, D.R. Horton Los Angeles Holding Company Inc. (Subdivider’s name here) am the owner of the property to which this Request is being made for of a Time Extension for Project No. Tract 20018 - Onsite Improvements .

Name: Todd Funk
Subdivider’s Signature:

Subdivider’s Address: 2280 Wardlow Circle, Ste 100
Corona, CA 92280
Date:
(Attached Notary Acknowledgment)

CITY OF FONTANA
BY: DATE:

Ricardo Sandoval, City Engineer

[ ] DENY

[ ] APPROVED

NEW DATE:

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161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
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RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FON TANA ACCEPTING THE IN-TRACT SEWER SYSTEM FOR TRACT NO. 2 0018 AS PART OF THE CITY’S SEWER SYSTEM.

WHEREAS, Section 23-388 of the Code of the City of Fontana provides that each addition to or extension of the sewer systems shall be accepted by Resolution of the City Council; and

WHEREAS, the Resolution of Acceptance shall contain the term s of any special consideration which shall apply to the sewer so accepted.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California hereby accepts as a part of the City’s s ewer system the in-tract sewer system constructed for Tract No. 20018 located on the east side of Lytle Creek Road, north of Summit Avenue.

APPROVED AND ADOPTED this 23
rd day of July, 2024.

READ AND APPROVED AS TO LEGAL FORM:

____________________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resol ution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 23 rd day of July, 2024,
by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

178
Resolution No. 2024-____
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ATTEST:

City Clerk

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3117 Agenda Date: 7/23/2024
Agenda #: J. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a License Agreement with San Bernardino County Transportation Authority (SBCTA) for the Construction of the Cypress Storm Drain Project
RECOMMENDATION:

1. Approve and authorize the City Manager to execute a License Agreement with San Bernardino County Transportation Authority (SBCTA) for the Construction of the Cypress Storm Drain Project
COUNCIL GOALS:
· To invest in the City’sinfrastructure (streets, sewers, parks, etc.) by maintaining and improving the City's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The Cypress Storm Drain project includes installation of a new storm drain system along Cypress Avenue from Orange Way to Foothill Boulevard, and along Foothill Boulevard from Cypress Avenue to Sierra Avenue. A new raised landscaped median will also be extended on Foothill Boulevard from 600 feet east of Cypress Avenue to Sierra Avenue. These improvements are being designed to control storm water flow through these roadways. This project is part of a comprehensive Master Storm Drain system to provide flood protection to this area.

SBCTA owns the right-of-way where the Pacific Electric Trail (PE Trail) crosses the proposed storm drain improvements. A License Agreement by and between SBCTA and the City is required for all construction and maintenance of the proposed storm drain system located at the PE Trail crossing.

Under the terms of this License Agreement, SBCTA grants the City of Fontana a non-exclusive, revocable license to construct and maintain the new storm drain system at the PE Trail crossing.

FISCAL IMPACT:

The license agreement requires a $1,200.00 annual administration fee. Funds are currently budgeted for FY2024-25 in the General Fund, account number 10137505.8021.

MOTION:

Approve staff recommendation.

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Agenda #: J. Category: Consent Calendar
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PROJECT LOCATION
Cypress Avenue Storm Drain Project (PROJECT NO. 3361)
N01 inch = 800 feet1600800
182

SBCTA Contract No. 23-1002970

LICENSE AGREEMENT

BETWEEN

SBCTA

AND

CITY OF FONTANA
183
License Agreement – Cypress Avenue
City of Fontana
1 SBCTA Contract No. 23-1002970

LICENSE AGREEMENT
This License Agreement (“LICENSE”) is made and entered into as of the date executed by SBCTA, by and between SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a county transportation authority pursuant to California Public Utility Code §§130800 et seq. (“SBCTA”), and, CITY OF FONTANA, a municipal corporation (“LICENSEE”), upon and in consideration of the agreements, covenants, terms and conditions below.

PART I – BASIC LICENSE PROVISIONS
The Basic License Provisions provided in this Part I and the Standard License Provisions set forth in Part II of this License, together with all Exhibits and Attachments referenced in either, are incorporated into and made part of this License. In the event of conflict between Part I and Part II or of any Exhibits and Attachments, Part I shall control.

1. Parties
SBCTA’s Address:

Attn: Transit and Rail Programs
1170 West 3rd Street, 2nd Floor
San Bernardino, California 92410-1715
909-884-8276
LICENSEE’s Address:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335

Point of Contact: Jeffrey Kim, Engineering Manager
Telephone: (909) 350-6724
E-mail: [email protected]

2. Recitals

2.1 SBCTA. SBCTA is the owner in fee of certain properties located throughout San Bernardino County.

2.2 L icensee. LICENSEE wishes to enter certain properties owned by SBCTA in order to do the following: (1) maintain existing utilities and appurtenant facilities in, on, over, under or across such properties; and/or (2) install and maintain new utilities and appurtenant facilities in, on, over, under or across such properties.

2.3 S
cope of License. The LICENSE will serve as an agreement permitting the LICENSEE to maintain and install existing utilities and appurtenant facilities, which are preliminarily approved by SBCTA. A Map of the Premises and Improvements are attached, substantially in the form of EXHIBIT “A”.

2.4 C
onsideration. This LICENSE is made in consideration of the terms, conditions and mutual covenants herein, the sufficiency of which are hereby acknowledged. 184
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City of Fontana
2 SBCTA Contract No. 23-1002970

3. Description of the Premises.

City: Fontana Subdivision: Baldwin Park
Address and/or Milepost Location:

Transverse crossing along the centerline of Cypress Avenue APN: 0191-121- 34 Milepost: 531.88
Approximate Area: 1,600 square feet: 0.0367 acres
[See EXHIBIT A - Map/Improvement Plan]
Description and Dimensions of the Premises Area:

Storm drain improvements, a transverse crossing of SBCTA’s Redlands Subdivision along the centerline of Cypress Avenue, 80 feet in length and 20 feet in width.

Allowable Improvements, Facilities and Uses. LICENSEE shall construct only the following improvements and/or facilities and conduct or permit only the following uses on the Premises:

Description of the Improvements, Utility and/or Appurtenances:

One 96-inch reinforced concrete pipe storm drain with 120-inch steel casing.

Use of the Premises:

Operation, maintenance and repair of Improvements.

4. Term.

Commencement Date: The date upon which SBCTA executes this License Agreement Term (check one):

A. Month-to-month
B. Until End Date: (subject to termination pursuant
to the terms of this License – see especially Standard License Provisions §2.2)

5. Fees.

A. Administration Fee: $1,200 per year or portion thereof, payable annually in advance, beginning on January 1 st, 2025 and, notwithstanding and in lieu of the anniversary described in Section 3.1.1, on January 1st each year thereafter.

B. B ase Use Fee (check one):
i. $ per month, payable monthly in advance
185
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City of Fontana
3 SBCTA Contract No. 23-1002970
ii. $ 0.00 per year, payable annually in advance
C. Additional Use Fee (check one):
i. One-time fee: $
ii. Other fee: $ NONE

D. Base Use Fee Adjustment Dates (check if applicable):
i. CPI Adjustment: Annually, effective on the first day of the anniversary month of the Commencement Date, based on the published Consumer Price Index (or its successor) (“CPI”) as defined in Section 3.2.1 of the Standard License Provisions.
ii. Fair Market Rate Adjustment: At intervals of not less than three (3) years, based on the then current fair market rental value of the Premises as set forth in Section 3.2.2 of the Standard License Provisions. iii. Other: NONE

6. Indemnity and Insurance Requirements.

LICENSEE shall fully comply with all terms and obligations contained within the LICENSE, which are incorporated herein by this reference, as well as all insurance and indemnity requirements. However, if SBCTA allows, in its sole discretion, LICENSEE to obtain insurance varying from the requirements set forth in the LICENSE, which requirements shall be attached hereto in EXHIBIT “B” Insurance Requirements for License and incorporated herein by reference.

Such varying insurance shall be subject to the requirements set forth in Section 9 of the LICENSE

IN WITNESS WHEREOF, this LICENSE was duly executed by the Parties identified in Item 1 of this Part I on the dates below, and is effective as the date executed by SBCTA.

LICENSEE: SBCTA:

CITY OF FONTANA,
a municipal corporation

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

By: By:

Name: Matt Ballantyne Name: Raymond W. Wolfe
Title City Manager Title: Executive Director
Date: Date:
186
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City of Fontana
4 SBCTA Contract No. 23-1002970
PART II – STANDARD LICENSE PROVISIONS

TABLE OF CONTENTS
Section Page

1. GRANT AND SCOPE OF LICENSE 5

2. TERM, TERMINATION AND SURRENDER 6

3. PAYMENTS 8

4. TAXES 10

5. LIENS 10

6. ASSUMPTION OF RISK AND WAIVER 11

7. DEFAULT, BREACH AND REMEDIES 11

8. INDEMNIFICATION 13

9. INSURANCE 13

10. MAINTENANCE AND REPAIR 14

11. ALTERATIONS AND CONSTRUCTION 15

12. CONTRACTORS; APPROVAL AND INSURANCE 15

13. REIMBURSEMENT 15

14. LANDSCAPING 16

15. MARKERS 16

16. COMPLIANCE WITH LAWS 16

17. SBCTA’S RIGHT OF ACCESS 16

18. ENVIRONMENTAL ASSESSMENT 17

19. HAZARDOUS/TOXIC MATERIAL USE AND IDEMNITY 17

20. UNDERGROUND STORAGE TANKS 18

21. CONDEMNATION 19

22. BROKER'S FEES 19

23. SUBORDINATE RIGHTS 19

24. ABANDONMENT 19

25. GENERAL PROVISIONS 20
Exhibits:
“A” Map/Improvement Plans
“B” Insurance Requirements for License
“C” Permitted Hazardous Material
“D” Additional Provisions
187
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City of Fontana
5 SBCTA Contract No. 23-1002970

PART II - STANDARD LICENSE PROVISIONS

1. GRANT AND SCOPE OF LICENSE

1.1. Grant of License. SBCTA hereby grants a non- exclusive, revocable license to LICENSEE in, on, over, under, across and along the real property of SBCTA in the location shown in the diagram attached hereto as Exhibit “A” and described in Item 3 of the Basic License Provision s (the “Premises”), for construction, installation, operation, alteration, maintenance, reconstruction and/or removal of the Improvements described in Item 3 of the Basic License Provisions, and any usual and necessary related appurtenances thereto (the “I mprovements”), for the purposes described in Item 4 of the Basic License Provisions, together with rights for access and entry onto the Premises as necessary or convenient for the use of the Improvements and for no other purpose. In connection with this grant of license, LICENSEE, its employees, agents, customers, visitors, invitees, licensees, consultants and contractors (collectively, “LICENSEE’s Parties”) subject to the provisions hereof, may have reasonable rights of entry and access onto adjoining real property of SBCTA if necessary for the use of the Improvements or the Premises, with the time and manner of such entry and access to be subject to SBCTA’s prior written approval. The Premises, adjoining real property of SBCTA and personal property of SBCTA located thereon shall hereinafter collectively be referred to as “SBCTA Property.”

1.2. C
ondition of Premises. LICENSEE acknowledges that it has inspected the Premises in its present condition, including without limitation, all existing environmental conditions. LICENSEE accepts the Premises “as is” as suitable for the purpose for which the Premises are licensed and assumes all risk with respect to all present conditions of the Premises, whether patent or latent, including, without limitation, all existing environmental conditions. Taking of possession by LICENSEE shall be conclusive to establish that the Premises are in good and satisfactory condition when possession is taken.

1.3. Us
e . The Premises and the Improvements shall be used only for the purposes specified in Item 4 of the Basic License Provisions and for such lawful purposes as may be directly incidental thereto, and no other purpose. No change shall be made by LICENSEE in the use of the Premises, the Improvements or the commodity or product being conveyed through the Improvements (if any) without SBCTA’s prior written approval.

1.4. No
n -exclusive and Revocable Nature of License. The LEASE granted herein is not exclusive and SBCTA specifically reserves the right to grant other licenses within the Premises. LICENSEE agrees that notwithstanding the Improvements made by LICENSEE to the Premises or other sums expended by LICENSEE in furtherance of this LICENSE, the license granted herein is fully revocable by SBCTA in accordance with the terms of this LICENSE.

1.5. E
asements . SBCTA reserves to itself the right, from time to time, to grant such easements, rights and dedications that SBCTA deems necessary or desirable, and to cause the recordation of parcel maps, easement agreements and covenants, conditions and restrictions, so long as such easements, rights, dedications, maps and covenants, 188
License Agreement – Cypress Avenue
City of Fontana
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conditions and restrictions do not unreasonably interfere with the permitted use of the Premises by LICENSEE. LICENSEE shall sign any of the aforementioned documents upon request of SBCTA and failure to do so shall constitute a material breach of this LICENSE.

2. TERM, TERMINATION AND SURRENDER

2.1. Term of License. The term of this LICENSE shall commence on the “Commencement Date” specified in Item 5 of the Basic License Provisions. If Item 5.A of the Basic License Provisions is checked, this LICENSE shall continue in full force and effect on a month-to-month basis. If Item 5.B of the Basic License Provisions is checked, then this LICENSE shall be a license for the term specified in said Item 5.B . The term of this LICENSE as provided above is referred to as the “Term.”

2.2. T ermination .

2.2.1. Convenience. If Item 5.A is checked, this LICENSE shall continue in full force and effect on a month-to-month basis until terminated by either Party on ninety (90) days’ prior written notice. If Item 5.B is checked, this LICENSE shall continue in full force and effect until the End Date, unless SBCTA, acting by its Executive Director or his or her designee, for any reason and in its sole and absolute discretion, determines that this LICENSE is no longer i n SBCTA’s best interests. In which case, SBCTA may terminate this LICENSE on ninety (90) days’ prior written notice, but SBCTA shall also return to LICENSEE, within thirty (30) days after the termination, the pro-rata portion of any annual Use Fee paid by the LICENSEE for the portion of the agreed term that will not be used by LICENSEE.

2.2.2. Cause. SBCTA may terminate this LICENSE for cause in accordance with the provisions hereof, including, without limitation, Section 24 (Abandonment), Section 7 (Default, Breach and Remedies) and Section 25.11 (Assignment). In addition, SBCTA shall have the right to immediately, without notice and at LICENSEE’s expense, terminate this LICENSE upon discovery of any default set forth in Section 7.1(d) and abate any such public nuisance and/or dangerous condition.

2.2.3. P ublic Use. In addition to any and all other termination rights of SBCTA described herein, LICENSEE hereby expressly recognizes and agrees that the Premises are located on SBCTA property that may be developed for public projects and programs which may be implemented by SBCTA or other public agencies, such as, but not limited to: rail and bus transitways, bikeways, walkways, beautification projects, roadways, parking facilities, flood control and drainage facilities, and/or any other public or other governmental uses (collectively and individually “Public Use”); and that LICENSEE’s use of the Premises under this LICENSE is a temporary, interim use as to which LICENSEE has no right to nor expectation of use for any particular length of time that may be terminated by SBC TA by ninety (90) days written notice to LICENSEE as set forth in Section 2.2.1 above. Accordingly, as a condition to 189
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entering into this LICENSE, LICENSEE expressly acknowledges and agrees that:
(a) SBCTA may terminate this LICENSE as set forth above for any Public Use, to be determined in the sole and absolute discretion of SBCTA’s Executive Director, or designee;
(b) LICENSEE shall NOT object to, oppose, or protest at any approval proceeding, nor file suit to prevent or delay, any Public Use when planned, proposed or implemented on or adjacent to the Premises; (c) If SBCTA’s Executive Director, or designee, at any time, or from time to time, determines in his or her sole and absolute discretion, that there is a need for the Premises or any adjoining property for a Public Use and such Public Use requires relocation or removal of the Improvements, LICENSEE shall reconstruct, alter, modify, relocate or remove its Improvements, as directed by SBCTA or any parties having operating rights over the Premises, at LICENSEE’s sole cost and expense, within ninety (90) days after written notice from SBCTA; and
(d) LICENSEE expressly assumes all risk of any future Public Use as determined by SBCTA and in the event SBCTA terminates this LICENSE and requires LICENSEE to vacate the Premises for any Public Use, LICENSEE shall not, as a res ult of such termination and vacation of the Premises, be entitled to receive any:
(i) relocation assistance, moving expenses, goodwill or other payments under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601 et seq. and/or the California Relocation Assistance Law, as amended, California Government Code §7260 et seq; and
(ii) compensation under any eminent domain or inverse condemnation law.

2.2.4. Penalty: If LICENSEE fails to terminate use of the Premises and/or restore the Premises as required in Item 2.3 below, on or before the End Date specified in Item 5.B of the Basic License Provisions or the termination date established as otherwise provided in this License (“Termination Date”), then, in addition to any and all other remedies available to SBCTA under the terms of this LICENSE or at law or equity, SBCTA may so restore the Premises and LICENSEE shall pay a Penalty equal to twice the Base Use Fee in effect on the day prior to the Termination Date, plus twice any Additional Use Fee, calculated and payable on a monthly basis, for the number of months (partial months counting as whole months) from the Termination Date to the dat e that LICENSEE has terminated use and restored the Premises to the required condition. In the event that any Additional Use Fee is set as a percentage of revenues, or on some other variable basis, it shall be calculated based on the average for the prior twelve month period or if in effect less than one year, the monthly average from the effective date to the day prior to the Termination 190
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Date. LICENSEE shall indemnify SBCTA against all liabilities, costs and damages sustained by SBCTA by reason of such failure to terminate and restore.

2.3. Termination of Use and Restoration of Premises . Upon the Termination Date, unless otherwise requested in writing by SBCTA prior to the Termination Date, LICENSEE, at its own cost and expense, shall immediately remove all alterations additions and Improvements made by LICENSEE to the Premises and restore the SBCTA Property as nearly as possible to the same state and condition as existed prior to the construction, reconstruction or installation of said Improvements. Should LICENSEE fail to comply with the requirements of the preceding sentence, SBCTA may at its option (i) perform the same at LICENSEE’s expense (including costs, interest, and fees), which LICENSEE agrees to pay to SBCTA on demand, or (ii) assume title and ownership of said Improvements. No termination hereof shall release LICENSEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Improvements are removed and the SBCTA Property is restored.

3. PAYMENTS

3.1. Fees. As consideration for the rights herein granted, LICENSEE agrees to pay to SBCTA the Administration and Use Fees specified in Item 6 of the Basic License Provisions, adjusted as set forth in Section 3.2.

3.1.1. Administration Fee. The Administration Fee set forth in Item 5.A of the Basic License Provisions shall be due and payable, without demand, annually in advance prior to each anniversary of the execution date of this LICENSE.

3.1.2. B
ase Use Fee. If Item 6.B.i of the Basic License Provisions is checked, the first month’s Base Use Fee noted therein shall be due and payable, without demand, upon LICENSEE’s execution of this LICENSE. Thereafter, the Base Use Fee, as such fee may be adjusted pursuant to the provisions of Section 3.2, shall be due and payable, without demand, on or before the first day of each calendar month succeeding the Commencement Date during the Term. The Base Use Fee for any fractional calendar month at the commencement or end of the Term shall be prorated on a daily basis. If Item 6.B.ii of the Basic License Provisions is checked, the annual Use Fee amount, as such fee may be adjusted pursuant to the provisions of Section 3.2, shall be due and payable, without demand, annually in advance on or before the anniversary month of the Commencement Date for the convenience of both Parties, without affecting the Term of this LICENSE as specified in Section 2.1 of the Basic License Provisions.

3.1.3. Additional Use Fee. If Item 6.C.i of the Basic License Provisions is checked, the one-time fee noted therein shall be due and payable upon execution of this LICENSE by LICENSEE. If Item 6.C.ii of the Basic License Provisions is checked, the fee noted therein shall be due and payable as indicated in Item

6.C.ii.
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3.2. Use Fee Adjustment.

3.2.1. Annual CPI Adjustment . If Item 6.D.i of the Basic License Provisions is checked, then the Base Use Fee shall be increased, but not decreased, as provided below on the first day of each month during which an annual anniversary of the Commencement Date occurs unless another date is provided in Item 5 of the Basic License Provisions (the “Adjustment Date”). If no adjustment is made at the annual anniversary date, an adjustment may nevertheless be made at a subsequent date and thereafter at not less than annual intervals. The adjusted Base Use Fee as of each Adjustment Date shall be the greater of the Base Use Fee on the day preceding that Adjustment Date or that amount multiplied by a fraction, the numerator of which is the latest CPI figure as of the month that is three (3) months prior to the month during which the particular Adjustment Date occurs and the d enominator of which is the latest CPI figure as of the month that is three (3) months prior to the month containing the prior Adjustment Date or, if there has been no prior Adjustment, three (3) months prior to the first day of the anniversary month of the Commencement Date. As used in this section, the “CPI” means the Consumer Price Index for Urban Wage Earners and Clerical Workers, Riverside/San Bernardino/Ontario, all items (DECEMBER 2017 = 100), published by the U.S. Department of Labor, Bureau of Labor Statistics (Bureau) as Series Id: CWURS49CSA0, or if such index is no longer published, the U.S. Department of Labor’s most comprehensive official index then in use that most nearly corresponds to the index named above. If it is calculated from a base different from the base period DECEMBER 2017 = 100, figures used for calculating the adjustment shall first be converted to the base period used under a formula supplied by the Bureau.

If a comparable index shall no longer be published by the U.S. Department of Labor, another index generally recognized as authoritative shall be substituted by SBCTA.

3.2.2. Fa
ir M arket Adjustment . If Item 6.D.ii of the Basic License Provisions is checked, then, at intervals of not less than three (3) years, the Base Use Fee (as such fee may be adjusted by Section 3.2.1, above) payable under this Section 3 shall be increased, but not decreased, in order to adjust the fee to the then fair market rental value of the Premises as determined by SBCTA in good faith.

Such increases shall be effective as of thirty (30) days after written notice from SBCTA to LICENSEE of such adjustment, or the date specified in such written notice, whichever is later. If no adjustment is made at any three (3) year interval, an adjustment may nevertheless be made on any subsequent date and thereafter at intervals of not less than three (3) years apart.

3.2.3. O
ther Adjustment . If Item 6.D.iii of the Basic License Provisions is checked, then, in addition to any adjustments required under Items 6.D.i and 6.D.ii, the adjustment set forth in 6.D.iii shall be applied in accordance with its terms.

3.3. Late Charge. LICENSEE acknowledges that late payment by LICENSEE of any payment owed to SBCTA under this LICENSE will cause SBCTA to incur costs not contemplated by this LICENSE, the exact amount of such costs being extremely 192
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difficult and impracticable to determine. Therefore, if any payment due from LICENSEE is not received by SBCTA within thirty (30) days without demand, annually in advance of the anniversary month of the Commencement Date, LICENSEE shall pay to SBCTA an additional sum of ten percent (10%) of the overdue payment as a late charge, up to a maximum amount of $500 for each late payment. The Parties agree that this late charge represents a fair and reasonable estimate of the administrative costs that SBCTA will incur by reason of a late payment by LICENSEE. Acceptance of any late payment charge shall not constitute a waiver of LICENSEE’s default with respect to the overdue payment, nor prevent SBCTA from exercising any of the other rights and remedies available to SBCTA under this LICENSE, at law or in equity. In addition, any payment not made within thirty (30) days of the anniversary month of the Commencement Date shall bear interest at the rate of fourteen percent (14%) per annum, or the highest legally allowable rate, whichever is lower, until paid in full.

4. TAXES
LICENSEE shall be liable for and agrees to pay promptly and prior to delinquency, any tax or assessment, including but not limited to any possessory interest tax as described in California Revenue and Taxation Code Section 107, levied by any governmental authority: (a) against the Improvements, the Premises and/or any personal propert y, fixtures or equipment located on or placed on the Premises, whether owned by LICENSEE or any person or entity acting for or at the request of LICENSEE; or (b) as a result of the LICENSEE’s or the Improvements’ operations.

5. LIENS
LICENSEE will fully and promptly pay for all materials joined or affixed to the Improvements or Premises, and fully and promptly pay all persons who perform labor upon said Improvements or Premises. LICENSEE shall not suffer or permit to be filed or enforced against the Premises or the Improvements, or any part thereof, any mechanics’, materialmen ’s, contractors’, or subcontractors’ liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance, Work, activities, or operations of LICENSEE, or out of any other claim or demand of any kind. The term “Work” under this LICENSE means any construction, reconstruction, installation, restoration, alteration, repair, replacement, or removal, other than normal maintenance. LICENSEE shall provide SBCTA with immediate written notice of any such liens, claims, demands, or stop notices that are placed against the Premises or the Improvements. LICENSEE shall pay or cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with attorney’s fees incurred by SBCTA with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend SBCTA from any and all such obligations and claims, including attorney’s fees. LICENSEE shall furnish evi dence of payment upon request of SBCTA. LICENSEE may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to SBCTA in compliance with applicable California law. If LICENSEE does not discharge any mechanic’s lien or stop notice for works performed for LICENSEE, SBCTA shall have the right to discharge same (including by paying the claimant) and LICENSEE shall reimburse SBCTA for the cost of such discharge, as well as any associated costs and fees, within ten (10) business days after billing. SBCTA reserves the right at any time to post and maintain on the Premises such notices as may be necessary to protect SBCTA against liability for all such liens and claims. The provisions of this section shall survive the termination of this LICENSE. 193
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6. ASSUMPTION OF RISK AND WAIVER
To the maximum extent allowed by law, LICENSEE assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Improvements, the SBCTA Property and any other property of, or under the control or custody of, LICENSEE, which is on or near the Premises, caused by LICENSEE’s negligence or intentional misconduct.

LICENSEE’s assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the SBCTA Property, accident or fire or other casualty on the SBCTA Property, and electrical discharge, noise or vibration resulting from SBCTA’s transit operations on or near the SBCTA Property, caused by LICENSEE’s negligence or intentional misconduct. The term “SBCTA” as used in this section shall include: (i) any transit or rail-related company validly operating upon or over SBCTA’s tracks or other property, and (ii) any other persons or companies employed, retained or engaged by SBCTA. LICENSEE, on behalf of itself and its officers, directors, affiliates, employees, agents, independent contractors and subcontractors and anyone directly or indirectly employed by LICENSEE or for whose acts LICENSEE is liable (collectively, “Personnel”), as a material p art of the consideration for this LICENSE, hereby waives all claims and demands against SBCTA for any such loss, damage or injury of LICENSEE and/or its Personnel, except where caused by the negligence or willful misconduct of SBCTA or a third party. In that connection, LICENSEE expressly waives the benefit of California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing th e release, which if known by him must have materially affected his settlement with the debtor.

The provisions of this section shall survive the termination of this LICENSE.

7. DEFAULT, BREACH AND REMEDIES

7.1. Licensee Default. LICENSEE shall be deemed to have breached and be in default under this LICENSE when any of the following occurs:
(a) LICENSEE shall fail to make any payment or any reimbursement to SBCTA required herein when due;
(b) LICENSEE shall vacate all or a substantial portion of the Premises, whether or not LICENSEE is in default of the payment or other charges due under this LICENSE; (c) LICENSEE shall fail to comply with any other term, provision or covenant of this LICENSE, and shall not cure such failure within thirty (30) days after written notice thereof to LICENSEE; or
(d) LICENSEE shall create or maintain, or allow any other person or entity to create or maintain, any public nuisance or any condition that fails to comply with any applicable federal, state, SBCTA or rail operator specifications or safety regulations or that presents a danger to public safety or a safety hazard to any operations, personnel, passengers or property of SBCTA or any rail carrier operating upon the affected rail line(s) on the Premises or SBCTA’s adjacent right of way. 194
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7.2. SBCTA’s Remedies.

7.2.1. Termination. Upon the occurrence of LICENSEE’s default and breach, is not cured within thirty (30) days (or such longer period as may be necessary in the circumstances and agreed to in writing by SBCTA), SBCTA shall have the right, by giving notice to LICENSEE, to terminate this LICENSE as of the end period specified in the notice to cure, and at any time thereafter to recover possession of the Premises or any part thereof and expel and remove therefrom LICENSEE and any other person occupying the same, by any lawful means, and again repossess and enjoy the Premises without prejudice to any of the remedies that SBCTA may have under this LICENSE, at law or equity by reason of LICENSEE’s default or of such termination.

7.2.2. C
orrective Measures . Should LICENSEE default on, breach, or fail to keep, observe or perform any agreement, covenant, term or condition on its part herein contained, then, in addition to any other available rights and remedies, SBCTA at its option may perform any corrective measures deemed by SBCTA in its sole and absolute discretion to be necessary or appropriate to protect public health or safety, or SBCTA’s legitimate governmental or proprietary interests or the interests of its railroad operators, at LICENSEE’s expense (including fees, costs and interest) which LICENSEE agrees to pay to SBCTA upon demand.

7.2.3. C
osts. If SBCTA incurs any cost or expense occasioned by the default of LICENSEE (including but not limited to attorneys’ fees and costs), then SBCTA shall be entitled to receive such costs together with interest on all funds SBCTA expends at the lesser of fourteen percent (14%) per annum or the maximum rate allowed by law, whichever is lower, including without limitation, brokers’ fees incurred by SBCTA in connection with relicensing the whole or any part of the Premises; the costs of removing and storing LICENSEE’s or other occupant’s property; the costs of repairing, altering, and/or otherwise restoring the Premises to a safe and suitable condition, useable and acceptable to SBCTA, rail operators and future licensees; and all reasonable expenses incurred by SBCTA in enforcing or defending SBCTA’s rights and remedies, including reasonable attorneys’ fees whether or not suit is actually filed.

7.2.4. R
emedies Cumulative . All rights, privileges and remedies of the parties are cumulative and not alternative or exclusive to the extent permitted by law except as otherwise provided herein

7.3. S
BCTA Default and Licensee’s Remedies . SBCTA shall not be in default under this LICENSE unless SBCTA fails to perform obligations required of SBCTA within sixty (60) days after written notice is delivered by LICENSEE to SBCTA specifying the obligation which SBCTA has failed to perform; provided, however, that if the nature of SBCTA’s obligation is such that more than sixty (60) days are required for performance, then SBCTA shall not be in default if SBCTA commences performance within such sixty (60) day period and thereafter diligently prosecutes the same to 195
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completion. LICENSEE’s exclusive remedies shall be an action for specific performance.

8. INDEMNIFICATION

8.1. LICENSEE, on behalf of itself and its successors and assigns, agrees to indemnify, defend (by counsel satisfactory to SBCTA), and hold harmless SBCTA, and its officers, directors, employees, agents, consultants, contractors, permittees, successors and assigns (individually and collectively, “Indemnitees”), to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts’ and attorneys’ fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with (i) the acts or omissions to act of the LICENSEE or its Personnel (as defined in Section 6 (Assumption of Risk and Waiver) or invitees of LICENSEE in connection with the SBCTA Property or the presence upon or performance of activities by LICENSEE or its Personnel with respect to the SBCTA Property, (ii) bodily injury to or death of any person (including employees of Indemnitees) or damage to or loss of use of property resulting from such acts or omissions of LICENSEE o r its Personnel, or (iii) non- performance or breach by LICENSEE or its Personnel of any term or condition of this LICENSE, in each case whether occurring during the Term of this LICENSE or thereafter.

8.2. The LICENSEE acknowledges that any construction allowed on the Premises pursuant to this LICENSE is not being performed for SBCTA’s benefit or on SBCTA’s account and that this is an agreement allowing LICENSEE and/or its contractor(s) to enter upon SBCTA’s Property as an accommodation within the meaning of California Civil Code Section 2782.1. Therefore, the foregoing indemnity shall be effective regardless of any negligence on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of Indemnitees, and is in addition to any other rights or remedies which Indemnitees may have under the law or under this LICENSE. Upon request of SBCTA, LICENSEE shall provide insurance coverage for possible claims or losses covered by the indemnification and defense provisions of this LICENSE.

8.3. Claims against the Indemnitees by LICENSEE or its Personnel shall not limit the LICENSEE’s indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may r esult in any limitation on the amount or type of damages, compensation, or benefits payable by or for LICENSEE or its Personnel under workers’ compensation, disability benefits or other employee benefits laws or insurance.

8.4. The indemnification and defense obligations of LICENSEE set forth in this section shall survive the termination and End Date of this LICENSE.

9. INSURANCE

9.1. SBCTA’s Insurance. SBCTA may maintain insurance covering the Premises and SBCTA’s ownership and operation thereof in such types and amounts as it deems necessary in its sole discretion. Such insurance shall be for the sole benefit of SBCTA 196
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and under its sole control. LICENSEE’s insurance policies shall provide primary coverage to SBCTA; when any such policy issued to SBCTA provides duplicate coverage or is similar in coverage, SBCTA’s policy will be excess over LICENSEE’s policies.

9.1.1. Licensee’s Insurance. LICENSEE, at its sole cost and expense, shall obtain and maintain in full force and effect during the Term of this LICENSE insurance as required by SBCTA in the amounts and coverages specified and issued by insurance companies as described in, and meeting all other requirements set forth in EXHIBIT “B”. SBCTA reserves the right, throughout the Term of this LICENSE, to review and change the amount and type of insurance coverage it requires at such time LICENSEE requests an amendment or modification to this LICENSE, if applicable, in connection with any Work to be performed on the Premises. Prior to (i) e ntering the Premises or (ii) performing any Work or maintenance on the Premises, LICENSEE shall furnish SBCTA with insurance endorsements and/or certificates evidencing the existence, amounts and coverages of the insurance required to be maintained hereunder. SBCTA shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by LICENSEE under this LICENSE. Self-insurance is not permitted, however, SBCTA may, in its sole and absolute discretion, permit self-insurance on a case by case, coverage by coverage basis where the LICENSEE has documented, to SBCTA’s sole satisfaction, sufficient available assets and/or available funds and sufficient legal security in those assets to assure SBCTA that its risk is not greater than it would have been with acceptable insurance coverage, and otherwise meeting SBCTA’s self-insurance requirements. The privilege to self-insure with respect to any coverage required to be maintained hereunder may be granted or revoked by SBCTA at its sole and absolute discretion at any time. Upon revocation of self -insurance privilege, LICENSEE shall immediately provide all required insurances.

9.2. M
odifications to Insurance . Should any action by the LICENSEE require SBCTA to increase fire and extended coverage insurance premiums, or if LICENSEE’s vacation of the Premises causes any increase in such premiums, then LICENSEE shall pay as an additional fee to SBCTA the amount of such increase upon demand by SBCTA, the amount required to correct at LICENSEE’s expense the cause of such disallowance, penalty or surcharge to the satisfaction of the particular insurance authority.

10. MAINTENANCE AND REPAIR
LICENSEE, at LICENSEE’s sole expense, shall during the Term of this LICENSE maintain the Improvements within the Premises, and the Premises itself, in a good condition, free from weeds, litter, debris, refuse or other nuisance, and shall perform all mainte nance and clean -up of the Premises and the Improvements as necessary to keep the Premises and the Improvements in good order and condition to SBCTA’s sole satisfaction. If any portion of the SBCTA Property, including improvements or fixtures, suffers damage by reason of the access to or Use of the Premises by LICENSEE or LICENSEE’s employees, agents, customers, invitees, licensees, consultants, contractors and subcontractors (collectively, “LICENSEE’s Parties”), including but not limited to damage arising from any tests or investigations conducted upon the Premises by 197
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LICENSEE or LICENSEE’s Parties, LICENSEE shall, at its own cost and expense, immediately repair all such damage and restore the SBCTA Property to as good a condition as before such cause of damage occurred. Repair of damage shall include, without limitatio n, re -grading and resurfacing of any holes, ditches, indentations, mounds or other inclines created by any excavation by LICENSEE or LICENSEE’s Parties. LICENSEE shall not perform any maintenance on railroad tracks and facilities without express prior written approval of and direction from SBCTA or the railroads with valid operating authority over SBCTA’s lines and compliance with all applicable standards, specifications and safety requirements.

11. ALTERATIONS AND CONSTRUCTION
Except as otherwise provided herein, LICENSEE shall make no alterations, additions or Improvements to the Premises without obtaining the prior written consent of SBCTA in each instance. Any work performed or caused to be performed by LICENSEE on the Improvements or the Premises shall be performed (a) at LICENSEE’s sole cost and expense; (b) in accordance with any and all applicable permit requirements, laws, rules, regulations and safety requirements (including SBCTA’s rules and regulations), and (c) in a manner which is (i) equal to or greater than the then applicable standards of the industry for such work, and (ii) satisfactory to SBCTA.

LICENSEE shall submit written notice and work plans to SBCTA for review and approval at least thirty (30) days prior to commencement of any work on the Premises. Any such work must be carried out pursuant to the work plans approved in writing by SBCTA and in compliance with any and all SBCTA rules, regulations and other requirements. SBCTA shall have the right at any time and from time to time to post and maintain notices of non- responsibility. Unless otherwise requested by SBCTA, upon completion of any work, LICENSEE shall restore the SBCTA Property to its condition immediately preceding the commencement of such work.

12. CONTRACTORS; APPROVAL AND INSURANCE
Any of LICENSEE’s Parties performing any Work on the Improvements or the Premises shall first be approved in writing by SBCTA and acquire all required right of entry permits and authorizations from SBCTA and any rail operator utilizing affected or adjacent railroad tracks. With respect to such Work, LICENSEE shall, at its sole cost and expense, obtain and maintain in full force and effect throughout the term of such Work, insuranc e, as required by SBCTA, in the amounts and coverage specified on and issued by insurance companies as described in EXHIBIT “B”.

Additionally, LICENSEE shall cause any and all of its contractors and subcontractors which may (i) be involved with such Work, or (ii) may, for any reason, need to enter onto the Premises, to obtain and maintain in full force and effect during the Term of this LICENSE, or throughout the term of such Work (as applicable), insurance, as required by SBCTA, in the amounts and coverage specified on, and issued by insurance companies as described in EXHIBIT “B”. SBCTA reserves the right, throughout the Term of this LICENSE, to review and change the amount and type of insurance coverage it requires at such time LICENSEE requests an amendment or modification to this LICENSE, if applicable, in connection with any Work to be performed on the Premises.

13. REIMBURSEMENT
LICENSEE agrees to reimburse SBCTA for all reasonable costs and expenses that SBCTA incurs in connection with Work on or maintenance of the Premises or the Improvements, including, but not limited to, costs incurr ed by SBCTA in furnishing any materials or performing any labor, reviewing LICENSEE’s Work plans and inspecting any Work, installing or removing protection 198
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beneath or along SBCTA’s tracks, furnishing of watchmen, flagmen and inspectors as SBCTA deems necessary and such other items or acts as SBCTA in its sole discretion deems necessary to monitor or aid in compliance with this LICENSE, protect the safety of, and railway operations upon, its tracks and right -of-way, and to otherwise protect its interests. The costs and expenses addressed in this Section 13 shall include all costs that SBCTA incurs in complying with the Work or maintenance requirements of the railroads with valid operating authority over SBCTA’s lines.

14. LANDSCAPING
If required by SBCTA, then LICENSEE, at its sole cost and expense, shall install barrier landscaping to shield the Improvements from public view. SBCTA shall have the right to review and approve landscaping plans prior to installation. All landscaping acti vities shall be done in accordance with the provisions of Section 11 above (Alterations and Construction).

15. MARKERS
Except as modified by any additional provisions attached at Exhibit “D”, project markers in form and size satisfactory to SBCTA, identifying the Improvements and their owner(s), shall be installed and constantly maintained by and at the expense of LICENSEE at such locations as SBCTA shall designate. Such markers shall be relocated or removed upon request of SBCTA without expense to SBCTA. Absence of markers in or about SBCTA Property does not constitute a warranty by SBCTA of the absence of subsurface installations.

16. COMPLIANCE WITH LAWS
LICENSEE shall comply with all applicable federal, state and local laws, regulations, rules and orders in its Work on, or maintenance, inspection, testing or use of, the SBCTA Property, and shall furnish satisfactory evidence of such compliance promptly upon request of SBCTA. LICENSEE shall obtain all required permits or leases required by any governmental authority for its use of the Premises, at its sole cost and expense. LICENSEE shall comply with all SBCTA policies, rules and regulations applicable to its properties. Subject to SBCTA’s approval, LICENSEE shall at its own cost and expense install and construct all physical improvements to or needed to serve the Premises that are required by any federal, state or local building code or other law or regulation applicable to the Premises, or that are made necessary by the nature of LICENSEE’s use of the Premises. LICENSEE shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at LICENSEE’s sole expense.

17. SBCTA’S RIGHT OF ACCESS

17.1. Inspections. SBCTA shall have the right at any time (upon provision of reasonable notice of inspection to LICENSEE) or in case of emergency (without notice), to inspect the Premises in order to protect SBCTA’s interests therein and to monitor compliance with this LICENSE, including compliance with applicable federal, state and local laws, regulations, rules and orders. Failure to submit to or cooperate with any inspection may result in termination of the LICENSE

17.2. T ests . If, in SBCTA’s sole judgment, any installation on, or use or condition of the Premises may have an adverse effect on the Premises or SBCTA Property, adjacent property or SBCTA’s operations, SBCTA shall be permitted to conduct any tests or 199
License Agreement – Cypress Avenue
City of Fontana
17 SBCTA Contract No. 23-1002970
assessments, including but not limited to environmental assessments, of, on or about the Premises, as it determines to be necessary or useful to evaluate the condition of the Premises. LICENSEE shall cooperate with SBCTA in any tests or inspections deemed necessary by SBCTA.

17.3. Costs. LICENSEE shall pay or reimburse SBCTA, as appropriate, for all reasonable costs and expenses incurred due to tests, inspections or any necessary corrective Work, maintenance and inspections thereafter. SBCTA may establish an inspection fee, which may be changed from time to time, as part of an inspection program. The user shall pay such fee for each such inspection. Failure to pay the fee may result in termination of the LICENSE.

17.4. S ale or Lease of Premises . SBCTA may at any time place on or about the Premises (including the Improvements) any ordinary “for sale” and “for lease” signs.

LICENSEE shall also permit SBCTA and its agents, upon request, to enter the Premises or any part thereof, at reasonable times d uring normal business hours, to show the Premises to prospective tenants, purchasers or mortgagees.

18. ENVIRONMENTAL ASSESSMENT
Upon execution of this LICENSE, SBCTA may, in its sole discretion and if applicable, require LICENSEE to retain a duly licensed environmental consultant acceptable to SBCTA who shall perform an environmental assessment of the Premises and LICENSEE’s and LICENSEE’s Parties’ business activities and prepare a report on LICENSEE’s and/or LICENSEE’s Parties’ compliance with the provisions of this section. If determined by SBCTA to be necessary or useful to evaluate the condition of the Premises, SBCTA may require LICENSEE to cause a similar environmental assessment to be conducted on an annual basis, and/or upon or within one (1) year after the expiration or earlier termination of this LICENSE, the cost of which shall be the sole responsibility of LICENSEE. LICENSEE shall provide a copy of the report or reports from the consultant(s) promptly to SBCTA upon receipt and upon request shall promptly provide to SBCTA a copy of all data, documents and other information prepared or gathered in connection therewith.

19. HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY

19.1. LICENSEE shall operate and maintain the Premises in compliance with all Environmental Laws, and shall not cause or permit the Premises to be in violation of any Environmental Law which is now or may hereafter become applicable to LICENSEE or the Premises. As used herein, “Environmental Law(s)” means any federal, state or local environmental, health and/or safety -related law, regulation, standard, decision of a court, permit or permit conditions, currently existing or as amended or adopted in the future. Except for any Hazardous Material expressly approved by SBCTA in writing as shown on Exhibit “C”, LICENSEE shall not cause or permit, or allow any of LICENSEE’s Parties to cause or permit, any Hazardous Material to be brought upon, stored, used, generated, treated or disposed of on or about the SBCTA Property. Any Hazardous Material on the site shall be stored, used, generated and disposed of in accordance with all applicable Environmental Laws. As used herein, “Hazardous Material” means any chemical, substance or material, including any mixture or solution, which by virtue of its properties or effects is potentially harmful to health, safety or property, or which is now or becomes in the 200
License Agreement – Cypress Avenue
City of Fontana
18 SBCTA Contract No. 23-1002970
future listed, defined or regulated in any manner under any Environmental Law as a hazardous or dangerous material or substance.

19.2. LICENSEE shall indemnify, defend (by counsel acceptable to SBCTA) and hold harmless the Indemnitees, as defined in Section 8 (Indemnification), from and against all loss, liability, claim, damage, cost or expense (including without limitation, any fines, penalties, judgments, litigation expenses, attorneys’ fees, and consulting, engineering, and construction fees and expenses) incurred by Indemnitees as a result of (a) LICENSEE’s breach of any prohibition or provision of this section, or (b) any release of Hazardous Material upon or from the Improvements or the Premises or contamination of the SBCTA Property which: (i) occurs due to the use and occupancy of the Improvements or the Premises by LICENSEE or LICENSEE’s Parties, or (ii) is made worse due to the act or failure to act of LICENSEE or LICENSEE’s Parties.

19.3. The foregoing indemnity shall be effective regardless of any negligence on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of Indemnitees; shall survive expiration or termination of this LICENSE; and is in addition to any other rights or remedies which Indemnitees may have under the law or under this LICENSE.

19.4. In addition, in the event of any release on or contamination of the Premises, LICENSEE, at its sole expense, shall promptly take all actions necessary to clean up the affected property (including the SBCTA Property and all affected adjacent property – whether or not owned by SBCTA) and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of SBCTA and any governmental authorities having jurisdiction, unless such release or contamination was solely caused by the gross negligence or willful misconduct of SBCTA.

20. UNDERGROUND STORAGE TANKS

20.1. NEITHER LICENSEE NOR LICENSEE’S PARTIES SHALL INSTALL OR USE

ANY UNDERGROUND STORAGE TANKS ON THE PREMISES UNLESS

SPECIFICALLY APPROVED IN ADVANCE IN WRITING BY SBCTA, WHICH APPROVAL MAY BE WITHHELD IN SBCTA’S SOLE DISCRETION.

20.2. At SBCTA’s option, upon the termination of this LICENSE at any time and for any reason, LICENSEE shall, prior to the effective date of such termination, remove and close all underground storage tanks and related equipment installed by LICENSEE, and clean up and remove all Hazardous Material in, on, under and about the Premises, caused by such installation, in accordance with the requirements of all Environmental Laws and to the satisfaction of SBCTA and any governmental authorities having jurisdiction thereover, and deliver to SBCTA a copy of a certificate of closure issued for such tanks by the appropriate governmental authority. Upon acceptance of the planned use of an underground storage tank, the LICENSEE may be required to obtain an Environmental Liability policy with limits approved by SBCTA’s Risk Manager. 201
License Agreement – Cypress Avenue
City of Fontana
19 SBCTA Contract No. 23-1002970

21. CONDEMNATION
In the event all or any portion of the Premises shall be taken or condemned for public use by a governmental agency or any other party having the power of eminent domain (including conveyance by deed in lieu of or in settlement of condemnation proceedings) , LICENSEE shall receive compensation (if any) only for the taking and damage to the Improvements. Any other compensation or damages arising out of such taking or condemnation awarded to LICENSEE are hereby assigned by LICENSEE to SBCTA.

22. BROKER’S FEES
LICENSEE represents and warrants that it has dealt with no broker, agent or other third party in connection with this transaction and LICENSEE agrees to indemnify and hold SBCTA harmless from and against any claims by any broker, agent or other party claiming a commission or other form of compensation by virtue of having dealt with LICENSEE with regard to obtaining this LICENSE.

23. SUBORDINATE RIGHTS
This LICENSE is subject and subordinate to the prior and continuing rights and obligation of SBCTA, its successors and assigns, to use the SBCTA Property in the exercise of its powers and in the performance of its duties, including those as a public transportation body, and to all Bonds, and their respective indentures, issued by SBCTA in any of its capacities and/or by any of its affiliated entities now in place or hereafter issued. Accordingly, there is reserved and retained unto SBCTA, its successors, assigns and permittees, the right to construct, reconstruct, operate, maintain, use and/or relocate existing and future rail tracks, facilities and appurtenances and existing and future transportation, communication, pipeline and other facilities and appurtenances in, upon, over, under, across and along the SBCTA Property or any portion thereof, and in connection therewith the right to grant and convey to others, rights and interests to the SBCTA Property or the Premises and in the vicinity of the Improvements, regardless of any effect or impact on the Improvements. LICENSEE shall bear all costs and losses it incurs associated with any modifications to the Improvements necessary to accommodate SBCTA’s exercise of any right hereunder. This LICENSE is subject to all licenses, leases, eas ements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title (“title exceptions”) which may affect the SBCTA Property now or hereafter. This LICENSE is executed and delivered by SBCTA without any warranty of title, express or implied, and the words “grant” or “convey” as used herein shall not be construed as a warranty of title or a covenant against the existence of any such title exceptions.

24. ABANDONMENT
Should LICENSEE at any time abandon the use of the Improvements or the Premises, or any part thereof, or fail at any time for a continuous period of ninety (90) days to use the same for the purposes contemplated herein, then this LICENSE shall terminate to the extent of the portion so abandoned or discontinued, and in addition to any other ri ghts or remedies, SBCTA shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this LICENSE.
202
License Agreement – Cypress Avenue
City of Fontana
20 SBCTA Contract No. 23-1002970

25. GENERAL PROVISIONS

25.1. Notices. All notices and demands which either of the Parties is required to or desires to give to the other shall be made in writing by personal delivery, by express courier service or by certified mail postage prepaid, and addressed to the other Party at its address set forth in the Basic License Provisions. Either of the Parties may change its address for the receipt of notice by giving written notice thereof to the other Party in the manner herein provided. Notices shall be effective only upon receipt by the Party to whom notice or demand is given.

25.2. G
overning Law . This LICENSE shall be governed by the laws of the State of California.

25.3. B inding Effect . The terms, provisions and covenants and conditions contained in this LICENSE shall apply to, inure to the benefit of, and be binding upon, the parties hereto and upon their respective heirs, legal representatives, successors and permitted assigns, except as otherwise herein expressly provided. If more than one person executes this LICENSE as LICENSEE, then each shall be jointly and severally liable for all obligations of LICENSEE hereunder.

25.4. No T
hird Party Beneficiaries. This LICENSE is not intended by either party to confer any benefit on any third party other than the constituent members of SBCTA, including without limitations any broker, finder, or brokerage firm.

25.5. S everability . If any term, covenant, condition or provision of this LICENSE, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this LICENSE, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

25.6. In
terest on Past-due Obligations. Except as expressly herein provided, any amount due to SBCTA that is not paid when due shall bear interest, beginning on the 31 st date of when due, without demand, at the maximum rate then allowable by law. Such interest will be due SBCTA as it accrues. Payment of such interest shall not excuse or cure any default by LICENSEE under this LICENSE, provided, however, that interest shall not be payable on late charges incurred by LICENSEE..

25.7. C aptions. The captions included in this LICENSE are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this LICENSE or any provision hereof, or in any way affect the interpretation of this LICENSE.

25.8. S urvival of Obligations. All obligations of LICENSEE hereunder not fully performed as of the expiration or earlier termination of the Term of this LICENSE shall survive the expiration or earlier termination of this LICENSE, including without limitation all indemnity and defense obligations, all payment obligations with respect to Fees and all obligations concerning the condition of the SBCTA Property and the Improvements.

25.9. Wai
ver of Covenants or Conditions. The waiver by either Party of any term, covenant, agreement or condition under this LICENSE shall not invalidate this LICENSE, nor 203
License Agreement – Cypress Avenue
City of Fontana
21 SBCTA Contract No. 23-1002970
shall it be considered a waiver by it of any other covenant or condition or of the same covenant or condition in another instance. To the extent patterns of practice between the Parties are inconsistent with the terms of this LICENSE, such patterns of practice shall not waive in part or in full SBCTA’s right to insist upon strict accordance with any of the provisions of this LICENSE. The subsequent acceptance of payments hereunder by SBCTA shall not be deemed to be a waiver of any preceding breach by LICENSEE of any provisions, covenant, agreement or condition of this LICENSE, other than the failure of LICENSEE to pay the particular pa yment so accepted, regardless of SBCTA's knowledge of such preceding breach at the time of acceptance of such payment.

25.10. Effective Date/Nonbinding Offer . Submission of this LICENSE for examination or signature by LICENSEE does not constitute an offer of or option for a license, and it is not effective as a license or otherwise until executed and delivered by both SBCTA and LICENSEE. Each individual executing this LICENSE on behalf of SBCTA or LICENSEE represents and warrants to the other Party that he or she is authorized to do so.

25.11. A ssignment. This LICENSE and the license granted herein are personal to the LICENSEE. LICENSEE shall not assign or transfer (whether voluntary or involuntary) this LICENSE in whole or in part, or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of SBCTA, which may be withheld in SBCTA’s sole and absolute discretion, and any attempted act in violation of the foregoing shall be void and without effect and be a material breach of this LICENSE, which gives SBCTA the right to immediately terminate this LICENSE and seek all other available remedies for breach. Notwithstanding the foregoing, LICENSEE may, with SBCTA’s consent, assign or transfer this LICENSE to any entity that it controls, is controlled by, or is under common control with LICENSEE.

25.12. E
ntire Agreement; Amendments . This LICENSE, including all attached Exhibits, constitutes the entire agreement between the Parties and supersedes all prior verbal or written agreements and understandings between the Parties with respect to the items set forth in t his LICENSE. The Parties each acknowledge that no representations, inducements, promises or agreements, oral or written, have been made by either SBCTA or LICENSEE, or anyone acting on behalf of SBCTA or LICENSEE, other than those contained in this LICENSE . No amendments, changes, revisions, or discharges, at any time in whole or in part, of this LICENSE shall be binding upon the Parties unless they are in writing and executed by the Parties.

25.13. A
ttorneys’ Fees . If either SBCTA or LICENSEE commences or engages in, or threatens to commence or engage in, an action by or against the other party arising out of or in connection with this LICENSE or the Premises, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys’ fees and other costs incurred in connection with the action, preparation for such action, any appeals relating thereto and enforcing any judgments rendered in connection therewith. If SBCTA becomes involved in any action, threatened or actual, by or against anyone not a party to this LICENSE, but arising by reason of or related to any act or omission of LICENSEE or LICENSEE’s Parties, LICENSEE agrees to pay SBCTA’s reasonable 204
License Agreement – Cypress Avenue
City of Fontana
22 SBCTA Contract No. 23-1002970
attorneys’ fees and other costs incurred in connection with the action, preparation for such action, any appeals relating thereto and enforcing any judgments rendered in connection therewith.

25.14. Nondiscrimination. LICENSEE certifies and agrees that all person s employed by LICENSEE and LICENSEE’s affiliates, subsidiaries, or holding companies, and any contractors retained by LICENSEE with respect to the Premises, are and shall be treated equally without regard to or because of race, religion, ancestry, national origin, or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act.

25.15. F
urther Acts. LICENSEE agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this LICENSE, including, at SBCTA’s sole discretion, the relocation of the Improvements and the license granted hereby.

25.16. T
ime of Essence. Time is of the essence for this LICENSE.

25.17. Certificates. LICENSEE agrees from time to time within thirty (30) days after request of SBCTA, to deliver to SBCTA, or SBCTA’s designee, an estoppel certificate stating that this LICENSE is in full force and effect, the date to which all applicable payments have been paid, the unexpired Term of this LICENSE and such other matters pertaining to this LICENSE as may be requested by SBCTA.

25.18. S ecurity Measures . LICENSEE hereby acknowledges that the payments payable to SBCTA hereunder do not include the cost of guard service or other security measures, and that SBCTA shall have no obligation whatsoever to provide same. LICENSEE assumes all responsibility for the protection of LICENSEE, LICENSEE’s Parties and their property from acts of third parties.

25.19. P
erformance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment “under protest” and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part t hereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this LICENSE.

25.20. N
o Recording. LICENSEE shall not record or permit to be recorded in the official records of the county where the Premises are located, this LICENSE, any memorandum of this LICENSE or any other document giving notice of the existence of this LICENSE or the license granted hereby.

25.21. F lagmen . Where applicable, as a part of or in addition to all other safety obligations, LICENSEE shall maintain, at LICENSEE’s expense, competent flagmen to protect and control movement of vehicles and equipment of LICENSEE or any other user of the Premises while upon the Premises, consistent with any applicable laws and regulations 205
License Agreement – Cypress Avenue
City of Fontana
23 SBCTA Contract No. 23-1002970
regarding work protection, including the rules and policies of SBCTA and/or any railroad operator having rights to utilize any affected or adjacent railroad tracks.

25.22. Additional Provisions. Those additional provisions set forth in Exhibit “D”, if any, are hereby incorporated by this reference as if fully set forth herein. To the extent that any additional provisions in Exhibit “D” conflict with the provisions contained in this Part II, Standard License Provisions, the provisions in Exhibit “D” shall control.

25.23. C ounterparts. This LICENSE may be executed in counterparts, which constit ute one document. The parties shall execute this LICENSE in duplicate and intend each countersigned original to have identical legal effect.
206
Exhibit “A”
City of Fontana

EXHIBIT “A”

MAP/IMPROVEMENT PLANS

License Agreement – Cypress Avenue SBCTA Contract No. 23-1002970 207

J\VENl!JE

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License Agreement - City of Fontana
Exhibit "A" - MAP
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APN
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Mile Post
531.88
Grade Type
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Nearest Cross Street
Cypress Avenue
Branch/Line
Baldwin Park
Orientation
Transversal
City/Community
Fontana
Agreement Type
License Agreement
Contract Number
23-1002970

SAN BERNARDINO COUNTY

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209

EXHIBIT “B”

INSURANCE REQUIREMENTS FOR LICENSE AGREEMENT

License Agreement – Cypress Avenue SBCTA Contract No. 23-1002970 Exhibit “B”
City of Fontana
210
License Agreement - Cypress Avenue
Exhibit “B” – Insurance Requirements
City of Fontana
SBCTA Contract No. 23-1002970
1 Exhibit “B”

INSURANCE REQUIREMENTS

1. AGREEMENT shall mean the license to which this Exhibit is attached. WORK shall mean any activity or use permitted under the AGREEMENT. The holder of the AGREEMENT is hereinafter referred to as PERMITTEE. PERMITTEE shall at all times during the term of the AGREEMENT or for such other periods as required herein, procure and maintain broad form insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the use of SBCTA property hereunder by the PERMITTEE, its agents, representatives, employees, or subcontractors, with coverage at least as broad as the following minimum requirements specified below. Selected subparagraphs to this Paragraph 1 shall apply:

1.1. Worker’s Compensation/Employer’s Liability. The policies must include the following:
• Coverage A. Statutory Benefits
• Coverage B. Employer’s Liability
• Bodily Injury by accident - $1,000,000 per accident
• Bodily Injury by disease - $1,000,000 policy limit/$1,000,000 each employee Such policies shall contain a waiver of subrogation in favor of the parties named as Indemnitees below. Such insurance shall be in strict accordance with the applicable workers’ compensation laws in effect during performance of the WORK by PERMITTEE, any subcontractor of any tier. All subcontractors of any tier performing any portion of the WORK for PERMITTEE shall also obtain and maintain the same insurance coverage as specified in this subparagraph, with a waiver of subrogation in favor of PERMITTEE and all parties named as Indemnitees by the AGREEMENT.

Where coverage is provided through the California State Compensation Insurance Fund, the requirement for a minimum A.M. Best rating does not apply.

1.2. Commercial General Liability. The policy must include the following:
• PERMITTEE shall maintain commercial general liability (CGL) insurance (Insurance Services Office (ISO) Form CG 00 01), and if necessary excess/umbrella commercial liability insurance, with a combined limit of liability of not less than $7,000,000 each occu rrence. If the AGREEMENT value is equal to or in excess of $25,000,000, then the combined limit of liability shall be no less than $25,000,000 each occurrence.
• The policy shall, at a minimum, include coverage for any and all of the following: bodily injury, property damage, personal injury, broad form contractual liability (including coverage to the maximum extent possible for the indemnifications in the AGREEMENT), premises -operations (including explosion, collapse and underground coverage), duty to defend in addition to (without reducing) the limits of the policy(ies), and products and completed operations. o $7,000,000 per occurrence limit for property damage or bodily injury o $1,000,000 per occurrence limit for personal injury and advertising injury o $2,000,000 per occurrence limits for products/completed operations coverage (ISO Form 20 37 10 01) if SBCTA’s Risk Manager determines it is in SBCTA’s best interests to require such coverage,
o If a general aggregate applies, it shall apply separately to this project/location. The project name must be indicated under “Description of Operations/Locations” (ISO Form CG 25 03).
• Coverage is to be on an “occurrence” form. “Claims made” and “modified occurrence” forms are not acceptable.
• A copy of the declaration page or endorsement page listing all policy endorsements for the CGL policy must be included.
211
License Agreement - Cypress Avenue
Exhibit “B” – Insurance Requirements
City of Fontana
SBCTA Contract No. 23-1002970
2 All subcontractors of any tier performing any portion of the WORK for PERMITTEE shall also obtain and maintain the CGL insurance coverage with limits not less than:
• Each occurrence limit: $1,000,000
• General aggregate limit: $2,000,000
• Personal injury and advertising limit $1,000,000
• Products-completed operations aggregate limit $2,000,000 All subcontractors’ deductibles or self-insured retentions must be acceptable to SBCTA’s Risk Manager.

1.2.1. Contractual Liability – Railroads. The CGL policy shall not exclude coverage of contractual lability relating to railroads or shall be endorsed by ISO Form CG 24 17, or equivalent acceptable to SBCTA, to remove such exclusions to coverage.

1.3. Umbrella/Excess CGL. The policy must include the following:
• If the PERMITTEE elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability policy limits and/or the primary commercial automobile liability policy limits, then the policy must include the following:
o The umbrella or excess policy shall follow form over the PERMI TTEE’s primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage.
o The umbrella or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy.
o The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. o The umbrella or excess policy must also extend coverage over the automobile policy if it is to be used in combination with the primary automobile policy to meet the total insurance requirement limits.

There shall be no statement limiting the coverage provided to the parties listed as additionally insureds or as indemnitees in the AGREEMENT.

1.4. Commercial Auto. The policy must include the following:
• A total limit of liability of not less than $5,000,000 each accident. This total limit of liability may be met by combining the limits of the primary auto policy with an umbrella or excess policy in accordance with Section 1.3 (Umbrella/Excess CGL), above. • Such insurance shall cover liability arising out of any vehicle, including owned, hired, leased, borrowed and non-owned vehicles assigned to or used in performance of the WORK. • Combined Bodily Injury and Property Damage Liability insurance The commercial automobile liability insurance shall be written on the most recent edition of ISO Form CA 00 01 or equivalent acceptable to SBCTA.

1.5. Pollution Liability The policy must include the following:
• $2,000,000 per claim or occurrence limits/$4,000,000 in the aggregate • If the WORK involves mold identification / remediation, the policy shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold. • If the WORK involves lead-based paint or asbestos identification/remediation, the policy shall 212
License Agreement - Cypress Avenue
Exhibit “B” – Insurance Requirements
City of Fontana
SBCTA Contract No. 23-1002970
3 not contain lead-based paint or asbestos exclusions.

1.6. Railroad Protective Liability Insurance: Insurance Services Office Form Railroad Protective Liability, AAR-AASHTO (ISO/RIMA), in the name of SCRRA with respect to the operations they or any of their subcontractors perform on the Property. Minimum Limits: $2 million per occurrence, combined single limit, for coverage and for losses arising out of injury to or death of all persons and for physical loss or damage to or destruction of Property, including the loss of use thereof. A $6 million annual aggregate shall apply. If providing coverage on the London claims- made form, the following provisions shall apply:
• The limits of liability shall be not less than $3 million per occurrence, combined single limit. A $9 million aggregate may apply.
• Declarations item 6, extended claims made date, shall allow an extended claims made period no shorter than the length of the original policy period plus one year. • If equivalent or better, wording is not contained in the policy form, the following endorsement must be included:
o It is agreed that "physical damage to Property" means direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbed, catenaries, signals, bridges or buildings.

In cases of low hazard activity and insignificant risk to rail facilities, and if the exposure to the track is physically separated by a building, floor or a continuous fence (no thoroughfares) and the employees of the Contractor are explicitly notified, trained, and supervised such that they are not permitted to have any contact with the track or its related improvements, the Railroad Protective Liability Insurance requirement may be waived by SBCTA, or its designated representative, in SBCTA’s sole and absolute discretion, wher e SBCTA’s agreements and obligations with rail operators allow it.

2. General Provisions

2.1. Qualifications of Insurance Carriers. If policies are written by insurer carriers authorized and admitted to do business in the state of California, then the insurer carriers must have a current A.M.

Best rating of A-VIII or better. If policies are written by insurance carriers that are non -admitted but authorized to conduct business in the state of California, then they must meet the current A.M.

Best rating of A-:X or better, unless otherwise approved in writing by SBCTA’s Risk Manager.

2.2. Additional Insurance Coverage. All policies, except those for Workers’ Compensation insurance, shall be endorsed by ISO Form CG 20 36, or if not available, then ISO Form CG 20 35, to name San Bernardino County Transportation Authority and its officers, directors, members, employees, agents and volunteers, as additional insureds (“Addition al Insureds”). With respect to general liability arising out of or connected with work or operations performed by or on behalf of the PERMITTEE permitted under this AGREEMENT, coverage for such Additional Insureds shall not extend to liability to the extent prohibited by section 11580.04 of the Insurance Code. The additional insured endorsements shall not limit the scope of coverage for SBCTA to vicarious liability but shall allow coverage for SBCTA to the full extent provided by the policy.

2.3. Proof of Covera ge. Evidence of insurance in a form acceptable to SBCTA’s Risk Manager, including declarations pages of each policy, certificates of insurance and the required additional insured endorsements, shall be provided to SBCTA’s Procurement Analyst prior to issuance of the NTP or prior to commencing any WORK, as SBCTA specifies. Certificate(s) of insurance, as evidence of the required insurance shall: be executed by a duly authorized representative of each insurer; show compliance with the insurance requirements set forth in the AGREEMENT together with Exhibit B; set forth deductible amounts applicable to each policy; list all exclusions which are added by endorsement to each policy; and also include the Contract Number and the SBCTA 213
License Agreement - Cypress Avenue
Exhibit “B” – Insurance Requirements
City of Fontana
SBCTA Contract No. 23-1002970
4 Project Manager’s name on the face of the certificate. If requested in writing by SBCTA, PERMITTEE shall submit complete copies of all required insurance policies within ten (10) business days of a written request by SBCTA.

2.4. Deductibles. Regardless of the allowance of exclusions or deductibles by SBCTA, CONTRACTOR shall be responsible for any deductible or self-insured retention (SIR) amount and shall warrant that the coverage provided to SBCTA is consistent with the requirements of this Article. CONTRACTOR will pay, and shall require its sub - CONTRACTORS to pay, all deductibles, co-pay obligations, premiums and any other sums due under the insurance required in this Article. Any deductibles or self - insured retentions must be declared to and approved in writing by SBCTA’s Risk Manager. At the option of SBCTA, if the deductible or SIR is greater than $50,000 or five (5) percent of the amount of coverage required under this Contract, whichever is less, the CONTRACTOR shall guarantee that either : (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects to SBCTA, its directors, officials, officers, employees and agents; or, (2) the CONTRACTOR shall procure a bond guaranteeing the amount of the deductible or self-insured retention.

SBCTA will have the right, but not the obligation, to pay any deductible or SIR due under any insurance policy. If SBCTA pays any sums due under any insurance required above, SBCTA may withhold said sums from any amounts due to CONTRACTOR. The Contractor’s policies will neither obligate nor prohibit SBCTA or any other Additional Insured, from paying any portion of any Contractor’s deductible or SIR.

2.5. PERMITTEE’s and Subcontractors’ Insurance will be Primary. All policies required to be maintained by the PERMITTEE or any subcontractor with the exception of Professional Liability and Worker’s Compensation shall be endorsed, with a form at least as broad as ISO Form CG 20 01 04 13), to be primary coverage, and any coverage carried by any of the Additional Insureds shall be excess and non -contributory. Further, none of PERMITTEE’s nor subcontractors’ pollution, automobile, general liability or other liability policies (primary or excess) will contain any cross-liability exclusion barring coverage for claims by an additional insured against a named insured.

2.6. Waiver of Subrogation Rights. To the fullest extent permitted by law, PERMITTEE hereby waives all rights of recovery under subrogation against the Additional Insureds named herein, and any other consultant, subconsultant or sub- subconsultant performing work or rendering services on behalf of SBCTA, in connection with the planning, development and construction of the Project.

To the fullest extent permitted by law, PERMITTEE shall require similar written express waivers and insurance clauses from each of its subcontractors of every tier. PERMITTEE shall require all of the policies and coverages required in Exhibit B to waive all rights of subrogation against the Additional Insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided shall not prohibit PERMITTEE from waiving the right of subrogation prior to a loss or claim.

2.7. Cancellation. If any insurance company elects to cancel or non- renew coverage for any reason, PERMITTEE will provide SBCTA thirty (30) days prior written notice of such cancellation or nonrenewal. If the policy is cancelled for nonpayment of premium, PERMITTEE will provide SBCTA ten (10) days prior written notice. In any event, PERMITTEE will provide SBCTA with a copy of any notice of termination or notice of any other change to any insurance coverage required herein which PERMITTEE receives within one business day after PERMITTEE receives it by submitting it to SBCTA at [email protected] to the attention of SBCTA’ s Procurement Analyst, and by depositing a copy of the notice in the U.S. Mail in accordance with the notice provisions of the AGREEMENT.

2.8. Enforcement. SBCTA may take any steps as are necessary to assure PERMITTEE’s compliance 214
License Agreement - Cypress Avenue
Exhibit “B” – Insurance Requirements
City of Fontana
SBCTA Contract No. 23-1002970
5 with its insurance obligations as identified within the AGREEMENT and / or Exhibit B. Failure to continuously maintain insurance coverage as provided herein is a material breach of contract.

In the event the PERMITTEE fails to obtain or maintain any insurance coverage required, SBCTA may, but is not required to, maintain this coverage and charge the expense to the PERMITTEE or withhold such expense from amounts owed PERMITTEE, or terminate the AGREEMENT. The insurance required or provided shall in no way li mit or relieve PERMITTEE of its duties and responsibility under the Contract, including but not limited to obligation to indemnify, defend and hold harmless the Indemnitees named below. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve PERMITTEE for liability in excess of such coverage, nor shall it preclude SBCTA from taking other actions as available to it under any other provision of the Contract or law. Nothing contained herein shall relieve PERMITTEE, or any subcontractor of any tier, of their obligations to exercise due care in the performance of their duties in connection with the WORK, and to complete the WORK in strict compliance with the AGREEMENT.

2.9. No Waiver. Failure of SBCTA to enforce in a timely manner any of the provisions of Exhibit B shall not act as a waiver to enforcement of any of these provisions at a later date.

2.10. Contractors and Subcontractors Insurance. Insurance required of the PERMITTEE shall be also provided by subcontractors, or by PERMITTEE on behalf of all subcontractors, to cover WORK, performed by said subcontractors, permitted under the AGREEMENT. PERMITTEE may reduce types and the amounts of insurance limits provided by subcontractors to be proportionate to the amount of the subcontractor’s contract and the level of liability exposure for the specific type of work performed by the subcontractor. PERMITTEE shall be held responsible for all modifications, deviations, or omissions in these insurance requirements as they apply to subcontractor.

2.11. Higher limits. If PERMITTEE maintains higher limits than the minimums shown above, SBCTA shall be entitled to coverage for the higher limits maintained by PERMITTEE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to SBCTA.

2.12. Special Risks or Circumstances. SBCTA reserves the right to modify any or all of the above insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
215
License Agreement – Cypress Avenue
Exhibit “C”
City of Fontana
SBCTA Contract No. 23-1002970

EXHIBIT “C”

PERMITTED HAZARDOUS MATERIAL
No hazardous material is permitted to be used or stored on Premises. 216
License Agreement – Cypress Avenue
Exhibit “D”
City of Fontana
SBCTA Contract No. 23-1002970

EXHIBIT “D”

ADDITIONAL REQUIREMENTS
217
License Agreement – Cypress Avenue
Exhibit “D” - Additional Requirements
City of Fontana
SBCTA Contract No. 23-1002970
1 Exhibit "D"

ADDITIONAL REQUIREMENTS
The following Additional Requirements are imposed on the Tenant/Licensee/Permittee and all of its contractors, subcontractors, employees, laborers or other persons performing any work upon SBCTA property on behalf of Tenant/Licensee/Permittee, and are made part of the terms of the Lease/License/Permit to which this Exhibit D is attached (“Agreement”).

As used hereinafter, the term “Contractor” shall include the Tenant/Licensee/Permittee and each and every one of its contractors, subcontractors, employees, laborers, agents or other persons performing any work upon SBCTA property on behalf of Tenant/Licensee/Permittee; and the term “railroad operator” or “operating railroad” shall mean Southern California Regional Rail Authority (SCRRA), Burlington Northern Santa Fe Railroad Railway Company (BNSF) and/or any other railroad company or rail carrier having operating rights over rail lines owned or controlled by SBCTA.

Contractor shall fully comply with each and every one of the Additional Requirements below which is in any way applicable to the type of use, construction, installation or facility allowed under the Contractor’s Agreement and approved by SBCTA as required thereunder (“Permitted Use”). The inclusion of an Additional Requirement below that is not in any way applicable to the Contractor’s Permitted Use shall not imply any right, permission or consent to expand the Permitted Use in any way.

1. Contractor agrees to execute and deliver to each railroad operator prior to commencing any work within the rail ri ght-of-way, a railroad Right of Entry Agreement which will include agreement to abide by each railroad operator’s rules and requirements for construction on railway property. Contractor shall secure approval from SBCTA and each railroad operator of the design of any structures and facilities prior to commencing work on their construction or installation.

2. Contractor will acquire and comply with any and all additional permits required by the railroad operator(s), affected public utilities and/or by any government agency having jurisdiction. Any permit fees, inspection fees, flagging fees, or costs associated with the use or maintenance of the Premise by any governmental agency, department, or organization, and any labor expenses for the installation or maintenance of any permitted improvements are the Contractor’s sole responsibility. Fully conformed copies of all permits are to be provided to SBCTA. Additional permits required of the Contractor may include but are not limited to encroachment permits, Storm Water Pollution Prevention Plans, environmental permits, temporary use permits, regulatory permits and third party utility permits. Contractors shall have all original executed agreements and permits on hand while on site and will present them on demand of representative of SBCTA and/or the railroad operator(s). Prior to the commencement of work, the contractor shall submit to SBCTA for review and approval, a description of the work process including a detaile d schedule of all work activities to be carried out on SBCTA property.

SCRRA’s Right of Way Engineers Office - (909) 394 - 3418; BNSF’s Roadmaster Office - (909) 386 - 4061
218
License Agreement – Cypress Avenue
Exhibit “D” - Additional Requirements
City of Fontana
SBCTA Contract No. 23-1002970
2 Exhibit "D"

3. Contractor at its sole cost and expense shall obtain and maintain, in full force and effect, insurance, as required by SBCTA and the railroad operator(s) during the entire construction period. The Contractor shall furnish copies of the insurance certificates to SBCTA and all affected railroad operators.

4. Contractor agrees to comply with instructions of SBCTA and each railroad operator’s Employee-In-Charge (EIC) and other representatives in relation to the proper manner of protection of the tracks and the traffic moving thereon, pole lines, signals and other property of SBCTA or its member ag encies, tenants or licensees at or in the vicinity of the work, and shall perform the work at such times as not to endanger or interfere with safe and timely operations of railroad operators or of SBCTA’s track and other facilities.

5. Contractor will call th e appropriate operating railroad to arrange for flagging services a minimum of fifteen (15) working days prior to beginning work. Although every effort is made to accommodate schedules, prior notification does not guarantee the availability of protective/flagging services for the proposed date of work. The SCRRA/BNSF flagman/EIC has sole authority to protect safe railroad operations and infrastructure, therefore, only they and their representatives are permitted to perform flagging operations within the railroad right-of-way. At all times the contractor shall follow the flagman/EIC’s direction. Contractor’s work may not proceed in the absence of a flagman in accordance with applicable rules. At no time shall any contractor be permitted to cross any track or place or maintain any personnel or equipment within the railroad right-of- way without the permission of the railroad flagman.

SCRRA’s Flagging Office (213) 305-8424
BNSF’s Flagging Office (909) 386-4061

6. Prior to the start of construction and at the contractor’s expense, all personnel including subcontractors and third parties shall complete SCRRA’s/BNSF’s Third Party Safety Training course, which is required for all work near or within the railroad right -of-way.

Evidence of training must be supplied upon request of SBCTA and its representatives.

No work may commence on the railroad right -of-way until this training has been completed. The contractor shall make the necessary arrangements for each equipment operator to have constant and direct radio contact with their foreman. The foreman will in turn have constant and direct contact with the SCRRA/BNSF flagman/EIC.

7. Contractor shall be responsible for the location and protection of any and all surface, sub- surface, and overhead lines, structures and improvements. Contractor shall not damage, destroy or interfere with any existing encumbrances, licenses and rights (whether public or private), granted upon or relating to the railroad right-of-way. It shall be th e Contractor’s responsibility to contact Underground Alert and locate all underground facilities prior to the commencement of construction. At the same time, the contractor shall notify the operating railroad for signal and communications cables and conduits mark-outs. Contractor shall obtain permission from the owners of any fiber optic, gas, electrical, water, oil or other lines which may be impacted by work on or any use of the Premises by Contractor.

SCRRA Signal Department (909) 592-1346
219
License Agreement – Cypress Avenue
Exhibit “D” - Additional Requirements
City of Fontana
SBCTA Contract No. 23-1002970
3 Exhibit "D"

BNSF Signal Department (909) 386-4051

8. In case of signal emergencies or grade crossing problems, the contractor shall call the following emergency numbers.

SCRRA Signal Emergency Department (888) 446-9721
BNSF Signal Emergency Department (909) 386-4051

9. Contractor shall prepare and submit traffic control plan for SBCTA/SCRRA approval for projects that will affect vehicular traffic at an existing highway-rail grade crossing.

10. If SBCTA or any of its associated rail entities or railroad operators deem it necessary in the future, to modify, or to build additional, track or tracks or other facilities in connection with the operation of its railroad, at the request of SBCTA, contractor shall modify, at its own expense, any or all of its permitted facilities to conform to the rail facilities.

11. Both Contractor and SBCTA acknowledge that the Premises is Licensed in “AS IS” condition and any track removal, grading, paving and fencing as may be necessary or required to meet Contractor’s needs will be the sole responsibility and at the sole cost of the Contractor and subject to SBCTA’s and any affected operating railroad’s prior review and approval, which may be withheld in SBCTA’s or the affected operating railroad’s sole and absolute discretion. SBCTA or the affected operating railroad may require that any track removal and/or other work within the right-of-way be done by SBCTA or the railroad operator, respectively, but all such work shall remain at the sole cost of the Contractor, who may be required to deposit the estimated cost plus 25% in advance of the work, subject to refund or additional charge at the conclusion of the work. No permanent structures may be constructed on the premises without SBCTA’s prior written approval. Contractor will be responsible for the removal of any or all permitted improvements upon termination of Agreement as directed by SBCTA.

12. Contractor shall pay for any and all utilities for its benefit, security and use.

13. SBCTA makes no warranties as to the suitability of the location for Contractor’s intended use, and Contractor assumes all risks as to environmental compliance, zoning, visibility, or any other factors which may affect Contractor’s intended use of the premises.

14. Boring of carrier or direct burial utilities by directional boring methods is prohibited.

15. Signs are not permitted on or along the perimeter of the Premises unless such signs were requested and approved under Contractor’s original proposal and covered by the required insurance. The contractor shall install permanent signs identifying the location of pipes at the edge of the railroad right-of-way unless within a public grade crossing. 220
License Agreement – Cypress Avenue
Exhibit “D” - Additional Requirements
City of Fontana
SBCTA Contract No. 23-1002970
4 Exhibit "D"

16. Contractor shall not bring upon or use any import soil on the Premises in conjunction with any purposes allowed under this Agreement, until said import soil has been laboratory tested by a certified hazardous waste testing laboratory and the test results have been approved by SBCTA. Additionally, any soil currently existing on the Premises may not be spread on the Premises unless and until it is characterized as clean soil to the reasonable satisfaction of SBCTA. All soil piles are to be placed on a barrier to prevent intermingling with surface soils.

17. Contractor shall keep the Premises free and clear of weeds, trash, vegetation, unauthorized vehicle parking and graffiti and from occupancy by transients/homeless persons or individuals. Contractor shall be fully responsible for all maintenance and maintenance of adjoining SBCTA property that is required or necessary in connection with Contractor’s use of Premises.

18. Prior to commencement of construction, the contractor shall submit to SBCTA / SCRRA a plan showing the proposed method of casing installation, construction access, stockpile locations, SWPPP control measures, fencing type and location and a milestone schedule.

19. For pipelines carrying flammable or hazardous materials, the contractor shall adhere to special conditions stated in the Right of Entry (ROE) Agreement.

20. The jacking and receiving pits shall be constructed outside of the railroad right of way unless shown on the SBCTA approved plans and shall not be located between any track and the automatic signal gate arms. The contractor shall layout the proposed jack and bore pits prior to the commencement of work. Only after the SBCTA/SCRRA inspector has approved the layout will the Contractor be allowed to begin work.

21. Contractor shall construct a temporary fence along the railroad right–of-way, or along the edge of pits closest to the track, on both sides of the pit, extending 50-feet in both directions from the pit, and measuring a minimum of 6-feet high. Fences are not required for work at grade crossings. Contractor shall pave the Premises area with asphalt or concrete, when requested, around the entire perimeter of the property as described in the Agreement in Part I and Exhibit “A”. Contractor shall be responsible for total expense of fencing and asphalt.

22. All jack and bore operations within the railroad right -of-way shall be performed continuously on a 24-hour basis until work is completed with a SCRRA/BNSF flagman and SCRRA/BNSF inspector present at all times. Should work begin without the flagman and inspector present, the work will be halted and any casing installed will be abandoned in place, pressure grouted full, and capped to the satisfaction of SBCTA.

23. The contractor shall submit to SBCTA/SCRRA for review, drawings and calculations for any shoring that may affect or be influenced by the railroad tracks. All shoring designs shall comply with the requirements of, and be approved by, SBCTA and/or the affected operating railroad. All drawings and calculations shall be signed and stamped by a California licensed Civil or Structural Professional Engineer. 221
License Agreement – Cypress Avenue
Exhibit “D” - Additional Requirements
City of Fontana
SBCTA Contract No. 23-1002970
5 Exhibit "D"

24. Prior to commencement of work, the contractor shall submit to SBCTA/SCRRA for review, load calculations for the proposed jacking casing with applied load as defined by Cooper E-80 with a 50% added impact load. The calculations shall be signed and stamped by a California licensed Civil or Structural Professional Engineer.

25. Should ground water or loose or unstable soils conditions be encountered during construction, the contractor shall immediately stop work, notify the railroad flagman, provide necessary structural support to track and other railroad structures, and notify the affected operating railroads and SBCTA. It shall be the responsibility of the contractor to make necessary corrections to the construction process to allow for said conditions.

26. All underground utilities under railroad tracks shall be encased in a larger pipe or conduit called the “casing pipe”. Said casing pipe shall be installed across the entire width of the railroad right-of-way and shall extend beyond the right of way a minimum of 10-feet. The top of the casing shall have a minimum depth of 6-feet below the top of tie and a minimum depth of 5- feet below ground surface including bottom of ditches and other low points within the railroad right-of- way. All ends of the casing pipe shall be sealed unless otherwise authorized by SBCTA. Casing and carrier pipes shall be constructed to prevent leakage of any substance. When casing pipes are sealed at each end, vent pipes shall be installed. All casing pipes shall be installed with a minimum slope of 1%. Installation of casing pipes by open trenching is prohibited.

27. Abandoned pipes shall be removed from their casing pipes. The empty casing pipe shall be pressure grouted full for the entire length of the pipe. Should there be no casing pipe; the abandoned pipe shall be pressure grouted full the entire length of the pipe. A SBCTA / SCRRA inspector must be present during the grouting process.

28. Casing jacking shall adhere to the following requirements:
a. This method shall be in accordance with the American Railway Engineering and Maintenance of Way Association recommended practices, Volume 1, Chapter 1, Part 4, “Earth Boring and Jacking Culvert Pipe Through Fills.” This operation shall be conducted without hand-mining ahead of the pipe and without the use of any type of boring, augering, or drilling equipment.
b. Bracing and backstops and jacks shall be designed and used with sufficient rating so that the jacking can progress without stoppage (except for adding lengths of pipe) until the leading edge of the pipe reaches the receiving pit. c. During jacking, an earth plug 1.5 times the diameter of the casing shall be maintained at all times. Jacking operations shall be continuous on a non- stop, 24- hour per day basis until the jacking operation is completed. 222
License Agreement – Cypress Avenue
Exhibit “D” - Additional Requirements
City of Fontana
SBCTA Contract No. 23-1002970
6 Exhibit "D"

29. Casing boring shall adhere to the following requirements:
a. This method consists of pushing the pipe into the fill with a boring auger rotating within the pipe to remove the spoil. When augers or similar devices are used for casing replacement, the front of the pipe shall be provided with mechanical arrangements or devices that will positively prevent the auger from leading the casing so that there will be no unsupported excavation ahead of the casing. The auger and cutting head arrangement shall be removable from within the pipe in the event an obstruction is encountered. The over-cut by the cutting head shall not exceed the outside diameter of the pipe by more than one -half inch. The face of the cutting head shall be arranged to provide reasonable obstruction to the free flow of soft or poor material.
b. The use of water or other liquids to facilitate casing placement and /or spoil removal is prohibited.
c. Plans and descriptions of the auger stop arrangement to be used shall be submitted to SBCTA / SCRRA for approval prior to commencement of work. d. Any method which employs simultaneous boring and jacking or drilling and jacking for pipes over 8 -inches in diameter that does not adhere to the above requirements will not be permitted. For casings 8- inches and smaller in diameter, augering or boring without the same requirements may be considered if approved by SBCTA/SCRRA.

30. If an obstruction is encountered during installation of the casing pipe that will stop the forward action of the pipe, and it becomes evident that it is impossible to advance the pipe, operations will cease and the pipe shall be abandoned in- place and pressure grouted full before continuing with work. Location, length, and depth of abandoned casing pipes and carrier pipes shall be shown on the as-built drawings.

31. Bored or jacked installations shall have a bored -hole diameter essentially the same as the outside diameter of the casing plus the thickness of the protective coating. If voids should develop or if the bored -hole diameter is greater than the outside diameter of the casing pipe, plus coating, by more than approximately 1- inch, grouting or other methods as approved by SBCTA/SCRRA shall be employed to fill such voids.

32. Pressure grouting of the soils before or during jacking or boring may be required to stabilize the soil, control water, prevent loss of material, and prevent settlement or displacement of the ground and/or tracks. Grout shall be cement, chemical or other special injection material selected to accomplish the necessary stabilization. The grouting contractor shall be a specialist in the field with a minimum of 5 -years continuous experience of successfully grouting soil. Materials to be used and the method of injection shall be prepared by a California licensed Geotechnical Engineer, or by an experienced and qualified company specializing in this work and submitted for approval by SBCTA/SCRRA prior to the commencement of work. Proof of experience and competency shall accompany the submission.
223
License Agreement – Cypress Avenue
Exhibit “D” - Additional Requirements
City of Fontana
SBCTA Contract No. 23-1002970
7 Exhibit "D"

33. When water is known or expected to be encountered, pumps of sufficient capacity to handle the flow shall be maintained at the site and be constantly attended operationally on a 24- hour per day ba sis until the SBCTA/SCRRA inspector determines their operation can be safely halted. When dewatering, close observation shall be maintained to detect any settlement or displacement of track, ground, or facilities.

34. The dewatering system shall lower and maintain the ground water level a minimum of 2- feet below the invert at all times during construction by utilizing well points, vacuum well points, or deep wells to prevent the inflow of water or water and soil into the heading.

Ground water observation wells may be required to demonstrate that the dewatering requirements are being complied with.

35. The proposed methods of dewatering shall be submitted to SBCTA/SCRRA prior to the commencement of work. The discharge from the dewatering operations in the vicinity of the railroad shall be carefully monitored. Should excessive fine soils particles, pollutants, or hazardous materials or fluids be observed at any time during the dewatering process, the dewatering shall be halted immediately and cannot resume until the unsatisfactory condition is remedied to the satisfaction of the SBCTA/SCRRA inspector.

36. All backfilling shall be at 90% relative dry compaction. For areas within or that affect the railroad right-of-way, the contractor shall submit a compaction report prepared by a California licensed Geotechnical Professional Engineer prior to release of any deposited fund balance.

37. The Contractor shall remove all temporary facilities constructed on the railroad right -of- way, debris, and other items not originally at the site prior to construction and shall notify SBCTA and any affected operating railroad that all construction has been completed. After as-builts have been received, SBCTA inspects the construction site and signs-off the work, SBCTA will release any unused deposit funds it holds. Contractor shall be responsible to arrange refunds due from any affected operating railroads.

38. A minimum of five feet (5’) clearance is required above signal and communication lines for overhead crossings.

39. Poles for any use within the railroad right-of-way must be located fifty-feet (50’) out from the centerline of the railroad main, branch and running tracks, CTC sidings, and heavy tonnage spurs. Pole locations adjacent to industry track must provide at least a ten foot (10’) clearance from the centerline of track, when measured at right angle s. If located adjacent to curved track, then said clearance must be increased at the rate of 1.5 inches per degree of curved track.

40. Regardless of the voltage, un- guyed poles shall be located a minimum distance from the centerline of any track, equal to the height of the pole above the ground–line plus ten feet (10’). If guying is required, the guys shall be placed in such a manner as to keep the pole from leaning/falling in the direction of the tracks.

41. Poles must be located a minimum distance from the railr oad signal and communication line equal to the height of the pole above the ground-line or else be guyed at right angles to the lines. High voltage towers (34.5 kV and higher) must be located off railroad right - of-way.
224
License Agreement – Cypress Avenue
Exhibit “D” - Additional Requirements
City of Fontana
SBCTA Contract No. 23-1002970
8 Contract SBCTA
Initials
Exhibit "D"

42. Grade crossings or temporary grade crossing must not be installed under or within five- hundred feet (500’) of the end of any railroad bridge, or three hundred feet (300’) from the centerline of any culvert or switch area.

43. For overhead crossings, complete spanning of the property is encouraged with supportive structures and appurtenances located outside of the railroad property. For electric supply and communication lines, normally the crossing span shall not exceed one -hundred fifty- feet (150’) with adjacent span not exceeding 1.5 times the crossing span length. For heavier type construction, longer spans will be considered.

44. To ensure that overhead crossings are clear from contact with any equipment passing under such wires, communication lines shall be constructed with a minimum clearance above top of rail of twenty-eight feet (28’).. Electric lines must have a fluorescent ball marker on low wire over centerline track.

45. The utility owner will label the poles closest to the crossing with the owner’s name and telephone number for emergency contact.

46. Overhead flammable and hazardous material lines are prohibited.

47. Because inductive interference from certain types of lines have the potential to disrupt the railroad signal and communication systems causing failures with the signals, communication, and at -grade crossing warning devices, . SBCTA may require that an inductive coordination study be performed prior to approval of the permitted use at the expense of the utility owner for proposed electrical lines crossing tracks.

48. Joint-use construction is encouraged at locations where more than one utility or type of facility is involved. However, electricity and petroleum, natural gas or other flammable materials shall not be combined.

225
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3118 Agenda Date: 7/23/2024
Agenda #: K. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Development Impact Fee Credit Agreement related to Parcel Map No. 20250 (TPM No. 20 -015), MCN No. 20-054, Design Review No. 20-022
RECOMMENDATION:

Approve and authorize the City Manager to execute a Development Impact Fee Credit Agreement with Sierra Avenue Industrial, LLC, a Delaware limited liability company, related to Parcel Map No. 20250 located north of Slover Avenue between Cypress Avenue and Juniper Avenue, for the required construction of offsite improvements along Slover Avenue.

DISCUSSION:

On December 21, 2021, the Planning Commission approved Tentative Parcel Map No. 20250 (TPM No. 20-015), MCN No. 20-054, and Design Review No. 20-022 for the construction of a 705,735 sq. ft. warehouse building, located north of Slover Avenue between Cypress Avenue and Juniper Avenue. The building square footage changed slightly and was permitted as a 690,967 sq. ft. warehouse building.

This Development Impact Fee Credit Agreement for Circulation Fees will provide fee credits toward the applicant’sdevelopment impact fee obligations for the construction of infrastructure (circulation) along Slover Avenue as shown on Exhibit B and as follows:

Subject Development Construction In-Lieu Net Development Fee Obligation Amount Fee Obligation
Circulation $2,494,390.87 $1,622,122.38 $872,268.49 Total $2,494,390.87 $1,622,122.38 $872,268.49
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File #: 21-3118 Agenda Date: 7/23/2024
Agenda #: K. Category: Consent Calendar
FISCAL IMPACT:

The approval of the Development Impact Fee Credit Agreement results in a reduction of the developer’sCirculation fee for the project. This is possible since the developer will be constructing improvements valued at $1,622,122.38. The developer is still obligated to pay the remaining Circulation fee of $872,268.49.

MOTION:

Approve staff recommendation.

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SIERRA AVENUE INDUSTRIAL, LLCA DELAWARE LIMITED LIABILITY COMPANY 228
16498.00001\9162190.1

PARCEL MAP NO. 20250 / DESIGN REVIEW NO. 20-022

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT

between

THE CITY OF FONTANA
a California municipal corporation

and

SIERRA AVENUE INDUSTRIAL, LLC,
a Delaware limited liability company

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DEVELOPMENT IMPACT FEE CREDIT AGREEMENT

1. PARTIES AND DATE
This Development Impact Fee Credit Agreement (“Agreement”) is made this ______ day of July, 2024 for reference purposes only, between: The City of Fontana (“City”), a California municipal corporation and Sierra Avenue Industrial, LLC, a Delaware limited liability company (“Developer”). The term “Developer” includes Developer and its successors to all or any portion of the Property. This Agreement will not become effective until the date (“Effective Date”) on which all of the following are true:
(i) This Agreement has been approved and executed by the appropriate authorities of the Developer, as defined in this Section 1, and this Agreement has been delivered to the City;
(ii) Following all legally required notices and hearings, this Agreement has been approved by the City’s City Council; and
(iii) This Agreement has been executed by the appropriate authorities of the City and delivered to Developer.

2. RECITALS

2.1 Developer owns certain real property located in the City of Fontana, San Bernardino County, State of Califor nia, and shall be referred to herein as the “Property”. The Property is more particularly shown in Exhibit “A” attached hereto and incorporated by reference herein and consists of approximately 35.070 gross acres and 32.274 net acres.

2.2 The Developer is developing an approximately 690,967 square foot warehouse building on the Property more particularly described as Parcel 1 of Parcel Map No. 20250 (“Project”).

2.3 The City has imposed certain conditions of approval on the Project in connection with the City’s issuance of a building permit for the Project, which conditions, among other things, require the payment of, among others, certain Circulation development impact f ees (“Subject Development Fees”) as follows:

Subject Development Fee
Obligation
Construction In-Lieu
Amount
Net Development Fee
Obligation
Circulation $2,494,390.87 $1,622,122.38 $872,268.49
Total $2,494,390.87 $1,622,122.38 $872,268.49

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16498.00001\9162190.1

3. TERMS

3.1 Payment of Subject Development Fees

Therefore, upon Developer’s dedication to City and City’s acceptance of the Subject Improvements, as defined and set forth in Section 3.2.1 , below, Developer shall be deemed to have satisfied its Subject Development Fee Ob ligation. Developer shall thereafter be entitled to no further payment, reimbursement or refund arising out of or related to the Subject Development Impact Fee Obligation.

3.1.2 Full Satisfaction of Subject Development Fees . The Subject Development Fee O bligation shall be satisfied for the Project in consideration of Developer’s construction and dedication, and the City’s acceptance, of those Subject Improvements, as defined and set forth in Section 3.2.1, below, in accordance with this Agreement.

3.2 Construction and Dedication of Subject Improvements.

3.2.1 Construction and Dedication of Subject Improvements . In satisfaction of the Subject Development Fees for the Project as set forth in Recital 2.3, Developer shall, at its sole cost, expense and liability, develop and dedicate to the City those certain public Circulation improvements (“Subject Improvements” ) described in Exhibit “C -1 & C -2” attached hereto and incorporated by reference herein. Developer shall develop the Subject Improvements in accordance with plans and specifications to be approved by the City, in accordance with then-current City public works standards and policies. The Subject Improvements shall be dedicated to the City as provided in Section 3.2.3. Developer hereby warrants and guarantees all Subject Improvements against any defective work or labor done, or defective materials furnish ed in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by Ci ty (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Subject Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Subject Improvements that have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional 231

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one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Subject Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Subject Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

3.2.2 Subdivision Improvement Agreements. Developer and City have heretofore entered into one or more subdivision improvement agreements for the Project, pursua nt to Government Code section 66462 (“Improvement Agreement”). All work required to be completed by Developer under this Agreement shall be subject to the provisions of the Improvement Agreement, including, without limitation, the security, insurance, pre vailing wage, and indemnification provisions thereof.

3.2.3 Meaning of “Dedicate.” The term “dedicate,” as used in this Agreement, means to acquire all necessary land or rights -of-way and to construct thereon the Subject Improvements required by this Agreement, and thereafter to offer to convey such land/rights -of-way and improvements to the City at no cost to the City. Developer shall offer the land/rights -of-way and Subject Improvements at the time required by the City Engineer in the exercise of his or her reasonable discretion. The satisfaction of Developer’s obligations with resp ect to the dedication of the Subject Improvements described in this Section 3.2 shall be contingent upon the City Council’s acceptance of said improvements, which acceptance shall occur in a manner consistent with the City’s standard policies and standards for the acceptance of dedicated improvements.

3.3 Not a Statutory Development Agreement . This Agreement is not a statutory development agreement as described by Government Code section 65864, et seq. This Agreement confers no vested entitlements with re spect to the development of the Project. This Agreement does not limit, in any way whatsoever, any authority the City may have to lawfully increase Impact Fees, change land use regulations, or otherwise lawfully exercise all powers available to the City p ursuant to its police power, statutes, and judicial decision. Likewise, nothing in this Agreement shall limit, in any way, any right or remedy Developer may have to protest or challenge any unlawful increase in the Impact Fees. Except where subject to pa rtial or total satisfaction as provided in this Agreement, Developer shall pay all Impact Fees, as they may be adjusted by the City during construction of the Project. Without limiting the generality of the foregoing paragraph, if the City at any time increases its Impact Fees, and such increases can otherwise be lawfully imposed against the Project, then Developer (or its successors, as applicable) shall pay the increased Impact Fees for only those portions of the Project (units or acreage, as applicable) for which the prior, lower Impact Fees have not yet been paid in full at the time provided for in this Agreement. If the City increases any Subject Development Fee, and such increase results in the value (as established by the applicable fee program) of the Subject Improvements being less than Developer’s increased Subject Development Fees for only those portions of the Project for which the prior, lower Impact Fees have not yet been paid in full, then Developer shall pay the amount of the difference betw een the Subject Improvement’s value and the increased amount of the Subject Development Fees.

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3.4 City’s Remedies Upon Default . Subject to Section 3.2 , if the Developer fails to complete and offer for dedication a particular public improvement described in Section 3.2 in the manner required by this Agreement then the City may, upon fifteen (15) days’ prior written notice to the Developer, exercise any one or more of the following remedies, independently or conjunctively:
(i) The City may terminate this Agreement in its entirety and shall have no obligation to reduce the Developer's Subject Development Fee Obligation as set forth in Section 3 .1; provided, however, that the City shall either (1) reimburse the Developer for the Developer’s actual third -party costs (without interest) incurred with respect to any public improvements satisfactorily completed and dedicated to the City prior to termi nation, or (2) reimburse the Developer’s Impact Fee obligation in a particular category in an amount equal to the Developer’s actual third -party costs (without interest) incurred with respect to the public improvements related to that category that are satisfactorily completed and dedicated to the City prior to termination; provided, however, that the maximum amount of the reimbursement paid or credit given pursuant to (1) or (2) above shall not exceed the cost for the public improvements satisfactorily com pleted and dedicated prior to termination as set forth in the applicable fee program or study upon which the applicable Impact Fee is based; or
(ii) The City may terminate this Agreement in its entirety and shall have no obligation to credit to Developer t he Subject Impact Fee reduction as set forth in Section 3.1; provided, however, that the City shall either (1) reimburse the Developer for the value (“Incomplete Value”), as determined in the City Engineer’s reasonable discretion, of any public improvement s that are not satisfactorily completed and dedicated to the City prior to termination; or (iii) The City may exercise any other right or remedy available to it at law or in equity.

No party will be deemed to have waived any rights under this Agreement unless the waiver is made in writing and signed by the waiving party’s duly authorized representative. All rights and reme dies provided for under this Agreement are cumulative.

3.6 Cooperation. The parties agree to cooperate with each other in furthering the purposes of this Agreement. The parties hereby agree to take such other actions and execute such other reasonable documents as are consistent with this Agreement and as are reasonably necessary to effectuate this Agreement; provided, however, that the foregoing shall not require the City to take any legislative act or exercise its discretion in any particular manner. 233

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3.7 Entire Agreement. This Agreement contains the final and complete agreement between the parties with respect to the matters herein discussed and supersedes all previous communications and agreements between them, either oral or written, to the extent such prior communications and agreements are inconsistent with this Agreement.

3.8 No Agency. Each party acknowledges that it is not the agent or fiduciary of the other.

3.9 No Assignment . This Agreement, including, without limitation, the parties’ obligations under Section 3.2, is not assignable, in whole or in part, by Developer, without the prior written consent of the City, and any attempt to make such assignment shall be void and shall constitute an incurable material default under this Agreement.

3.10 Attorneys’ Fees . In the event that any action or proceeding is commenced to regarding any term of this Agreement, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be ent itled to recover from the other party the prevailing party’s costs of suit and reasonable attorneys’ fees. The prevailing party shall be as determined by the court in accordance with Code of Civil Procedure section 1032. The attorneys’ costs and expert fees recoverable pursuant to this Section 3.10 include, without limitation, attorneys’ costs and expert fees incurred on appeal and those incurred in enforcing any judgment rendered.

Attorneys’ costs and fees may be recovered as an element of costs in the underlying action or proceeding or in a separate recovery action.

If to the City: City Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92334-0518
With copies to: Best Best & Krieger LLP
2855 E. Guasti Rd., Suite 400
Ontario, CA 91767
Attn: Ruben Duran
If to Developer: Sierra Avenue Industrial, LLC
2442 Dupont Drive
Irvine, CA 92612
Attn: Jacob R. LeBlanc
and
234

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16498.00001\9162190.1
MetLife Investment Management
601 South Figueroa Street, Suite 2900
Los Angeles, CA 90017
Attn: James Williams
With copies to: Ballard Spahr LLP
1225 17th Street, Suite 2300
Denver, CO 80202-5596
Attn: Alicia B. Clark, Esq.

3.12 Governing Law . This Agreement and its provisions shall in all respects be interpreted, construed, enforced and governed by and under the laws of the State of California, without regard to its conflict of laws principles.

3.13 Consent to Jurisdiction, Venue and Service . Any action or proceeding brought respecting this Agreement shall be instituted and maintained in the appropriate court in the County of San Bernardino, California. Developer hereby forgoes and waives any provision of State or Federal law or judicial decision providing for a change of venue from such court on the groun ds that the City is or may be a party to any such action or proceeding, including, without limitation, California Code of Civil Procedure section 394. Each party hereby irrevocably consents to the personal jurisdiction of the court. Service of process may be made in any manner provided by law.

3.14 Modification. This Agreement may be modified only by another written instrument duly authorized and executed by the parties. The foregoing notwithstanding, the City Manager is hereby authorized to make such mi nor amendments to this Agreement on behalf of the City as the City Manager may deem prudent and necessary in its administration, with the co ncurrence of the City Attorney.

3.15 Severability. The provisions of this Agreement are specifically made severable . If any clause, provision, rights and/or remedy provided for herein is unlawful or unenforceable, the remainder of this Agreement shall remain in effect and be enforced as if such clause, provision, right and/or remedy were not contained herein.

All provisions and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the i dentification of the person or persons, firm or firms, corporation or corporations may require. This Agreement is the product of mutual negotiation and drafting efforts.

Accordingly, the judicial rule of construction that ambiguities in a document are t o be construed against the drafter of that document shall have no application to the interpretation or enforcement of 235

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this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence not directly in conflict with the express terms hereof to ascertain and give effect to the intent of the parties to this Agreement.

3.18 Authorization. Each individual executing this Agreement hereby represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the named parties.
[Signatures on Following Pages]

236

16498.00001\9162190.1

SIGNATURE PAGE
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT

CITY OF FONTANA
By: ________________________________
Matthew C. Ballantyne
City Manager
Attest:

By: ________________________________
Germaine Key, City Clerk
Approved as to form:
__________________________
Best Best & Krieger LLP
City Attorney
By: _____________________________
Phillip Burum, Deputy City Manager
Development Services Organization
By: _____________________________
Gia Kim
Public Works Director/City Engineer

[Signatures continued on next page]
237

16498.00001\9162190.1

SIGNATURE PAGE
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
DEVELOPER:

SIERRA AVENUE INDUSTRIAL, LLC,
a Delaware limited liability company
By: SIERRA AVENUE INDUSTRIAL PG, LLC,
a Delaware limited liability company,
its Managing Member
By: PDC SOCAL LLC,
a Delaware limited liability company,
its Manager
By: __________________________
Jacob R. LeBlanc
Local Partner

238

16498.00001\9162190.1

EXHIBIT A
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
Depiction of Property
[Attached, consisting of 1 Sheet]

239
240

16498.00001\9162190.1

EXHIBIT B
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
Subject Development Fees
[Attached, consisting of 1 Sheet]

241
I. TRAFFIC/CIRCULATION FEE
CIRCULATION ELEMENT IMPACT FEE QUANTITY FEE TOTA L
Industrial 690,967 SF 3.61$ 2,494,390.87$ Total Construction Credit 1,622,122.38$
TOTAL OBLIGATION ‐ REMAINING FEES DUE 872,268.49$
CIRCULATION CONSTRUCTION CREDIT QUANTITY

PROGRAM

COST TOTAL
TRAFFIC SIGNAL ‐ SLOVER & JUNIPER:

MOBILIZATION 1 LS 4,586.37$        4,586.37$
ACCESS RAMP PER CITY STANDARD 1003 3 EA 19,762.85$     59,288.56$ STREET SIGNING & STRIPING 1 LS 6,606.68$        6,606.68$ TRAFFIC CONTROL 1 LS 7,796.41$        7,796.41$
STAKING 1 LS 5,332.74$        5,332.74$
TRAFFIC SIGNAL 1 LS 459,948.21$   459,948.21$
TRAFFIC SIGNAL INTERCONNECT 1,325 LF 63.79$             84,521.75$ SUBTOTAL ‐ TRAFFIC SIGNAL 628,080.71$
SLOVER AVENUE (SOUTH OF 22' SOUTH OF CURB):

MOBILIZATION 1 LS 5,954.25$        5,954.25$
8" CURB & GUTTER 2,435 LF 22.87$             55,688.45$ ASPHALT GRIND & OVERLAY 84,676 SF 1.46$                123,626.96$ STREET SIGNING & STRIPING 1 LS 6,606.68$        6,606.68$ LANDSCAPING & COBBLE 1 LS 336,297.52$   336,297.52$
TRAFFIC CONTROL 1 LS 7,796.41$        7,796.41$
STAKING 1 LS 13,295.47$     13,295.47$
GRADING 14,088 SF 5.00$                70,440.00$
SUBTOTAL ‐ SLOVER AVENUE 619,705.74$
SUBTOTAL ‐ CIRCULATION CONSTRUCTION CREDIT 1,247,786.45$ CONSTRUCTION CONTINGENCY (10%) 124,778.64$
CONSTRUCTION SOFT COSTS: DESIGN & PERMITS/FEES, CONSTRUCTION MANAGEMENT (20%) 249,557.29 $ TOTAL ‐ CIRCULATION CONSTRUCTION CREDIT 1,622,122.38$
EXHIBIT "B"
DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
SIERRA AVENUE INDUSTRIAL, LLC ‐ 16604 SLOVER AVENUE, FONTANA, CA PARCEL MAP NO. 20250
SUBJECT DEVELOPMENT FEES
242

16498.00001\9162190.1
EXHIBIT C-1 & C-2
TO

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
Subject Improvements
[Attached, consisting of 2 Sheet]

243
244
245
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3119 Agenda Date: 7/23/2024
Agenda #: L. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Citrus Avenue at Ceres Avenue Traffic Signal Project RECOMMENDATION:

Accept as complete the work performed by Dynalectric dba KDC Inc. for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (#37603355).

DISCUSSION:

On July 12, 2022, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (KDC Inc.) in the amount of $650,088.00 with a 10% contingency in the amount of $65,008.80 for the Citrus Avenue at Ceres Avenue Traffic Signal Project (#37603355).

The proposed improvements for the project consisted of installing two new signals on Citrus Avenue to aid in circulation and ease congestion. One signal is located at the intersection of Citrus Avenue and Ceres Avenue, while the second is located at the at-grade Metrolink crossing just north of the intersection.

Following entering into a contract in July 2022, staff encountered procurement and several unforeseen delays, including additional railroad flagging costs, execution of SCRRA contract amendments, signal cabinet upgrades, and additional railroad improvements. These resulted in a project completion date of June 2024. KDC Inc. completed construction of the project on June 14, 2024. The project was successfully completed for the final contract amount of $709,202.21, an increase of 9.09% from the original contract amount of $650,088.00, and $5,894.59 under the total authorized budget. All work has been completed to the satisfaction of the City.

FISCAL IMPACT:

As part of the action to accept the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (#37603355) as complete, the City will take over the operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2024-25 revised City of Fontana Printed on 7/18/2024Page 1 of 2
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File #: 21-3119 Agenda Date: 7/23/2024
Agenda #: L. Category: Consent Calendar
budget under the Public Works Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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N01 inch = 600 feet1200600PROJECT LOCATIONCITRUS AVE AND CERES AVE TRAFFIC SIGNAL PROJECT 248
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3121 Agenda Date: 7/23/2024
Agenda #: M. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Emergency Management Training Policy
RECOMMENDATION:

Adopt City of Fontana Emergency Management Training Policy.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by minimizing impacts from disasters through emergency and disaster preparedness.
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.

DISCUSSION:

The City of Fontana Emergency Management Training Policy aims to improve public safety during emergencies and disasters. Implementing this policy enhances the preparedness and operational readiness of City personnel. While first responders are consistently trained and activated to manage incidents, other City staff may be activated for incidents that, due to their scale or complexity, require coordination of resources beyond field response. This policy prepares City staff for their roles in support of disaster events, such as those that involve multiple agencies and jurisdictions, necessitate the dissemination of public information to the community, require prolonged response and recovery operations, or demand strategic decision-making and policy direction from City leadership.

The Emergency Management Training Policy mandates continuous training for City staff, ensuring they are prepared to act swiftly and effectively in coordination, planning, and support functions that ensure effective response and recovery before, during, and after an incident. The training complies with Federal and State regulations, specifically the Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS). The policy’s strategic approach directs resources towards the most critical training needs, supporting high standards of disaster preparedness and maintaining a dynamic, well-prepared team. As a result, residents receive timely and effective assistance during emergencies, ultimately safeguarding lives and property.

FISCAL IMPACT:

Internal resources and grant funding will be leveraged whenever possible. Additional costs for training are not anticipated but may arise in the future.

MOTION:

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File #: 21-3121 Agenda Date: 7/23/2024
Agenda #: M. Category: Consent Calendar
Approve staff recommendation.

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File in City Administrative Manual Distribution: All Employees

City of Fontana

POLICY AND PROCEDURES

Subject:

Emergency Management Training Page
1 of XX
Section
20-
Effective Date
07-09-2024
Issued Date
07-09-2024

Resolution Number:

Approval Date:

I. PURPOSE
To establish a structured and comprehensive emergency management training and exercise program that is compliant with Federal and State regulations. This policy aims to enhance the preparedness and operational readiness of city personnel by delivering targeted training that covers the full spectrum of emergency functions and responsibilities. In California, all public employees are designated as Disaster Service Workers (DSWs) under California Government Code Section 3100-3109. This means that all city staff are expected to be trained and available to serve in disaster response roles as needed. The policy underscores the commitment of the City of Fontana to maintain high standards of readiness in disaster preparedness and emergency management through a consistent, scheduled, and systematic training regimen.

II. GENERAL POLICY
This policy mandates that all city staff involved in emergency response undergo continuous training in accordance with the Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS) principles as referenced in the. Federal Emergency Management Agency, National Incident Management System Training Program, 2020 and the California Governor's Office of Emergency Services, EOC Position Credentialing Program Resource Guide, 2022. To ensure these standards are met, the city will develop, regularly review, and update an Integrated Preparedness Plan (IPP). This plan strategically directs the city's limited resources towards training and exercises that address the most critical needs, thereby optimizing preparedness efforts across all departments.

III. SCOPE
This policy applies to all City of Fontana emergency response staff, in line with California's designation of public employees as Disaster Service Workers.

IV. POLICY
A. Training Requirements for Specific Roles

1. All City Staff
o Disaster Service Worker Orientation
o SEMS Basics (available online or in-person)
 IS 100: Introduction to the Incident Command System (ICS)  IS 700: An Introduction to the National Incident Management System (NIMS)
 G 606: Standardized Emergency Management System (SEMS)

2. Emergency Operations Center (EOC) Team
o Available Online
251
City of Fontana

POLICY AND PROCEDURES

Subject:

Emergency Management Training Page
2 of 4
Section
xx-xx

Effective Date
07-09-2024
Issued Date
07-09-2024

Resolution Number:

Approval Date:

New Policy Distribution: All Employees
File in City Administrative Manual

 SEMS Basics
 IS 200: Basic Incident Command System for Initial Response  IS 800: National Response Framework, An Introduction
 IS 2200: Basic Emergency Operations Center Functions
o In-Person Courses
 G 191: EOC/ICS Interface
 G 775: Emergency Operations Management & Operations
 G 626E Essentials: EOC Action Planning
 EOC Position Specific Training (G 611, E/L/G 2300, or as available)

3. Communications Staff
o Available Online
 SEMS Basics
 IS 29: Public Information Officer Awareness
 IS 42: Social Media in Emergency Management
o In-Person Courses
 G 290/291: Basic PIO & JIC/JIS
 E/L 0338: Advanced PIO

4. Alert & Warning Staff
o Available Online
 IS 247: Integrated Public Alert and Warning System (IPAWS) for Alert Originators
 IS- 51: Integrated Public Alert and Warning System (IPAWS) for Alerting Administrators

5. Emergency Services Staff
o SEMS Basics
o ICS 300: Intermediate Incident Command System
o ICS 400: Advanced Incident Command System
o IS 800: National Response Framework (NRF), an Introduction o FEMA Professional Development Series
 IS 120: An Introduction to Exercises
 IS 230: Fundamentals of Emergency Management
 IS 235: Emergency Planning
 IS 240: Leadership and Influence
 IS 241: Decision Making and Problem Solving
 IS 242: Effective Communication
 IS 244: Developing and Managing Volunteers

6. DOC Staff
o Training tailored to the needs of the Department Operations Center (DOC), provided either in-house or through external providers. Examples include Red 252
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POLICY AND PROCEDURES

Subject:

Emergency Management Training Page
3 of 4
Section
xx-xx

Effective Date
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Issued Date
07-09-2024

Resolution Number:

Approval Date:

New Policy Distribution: All Employees
File in City Administrative Manual

Cross Shelter Operations, CalOES Safety Assessment Program, and CESA Cybersecurity training.

7. Elected and Appointed Officials
o Disaster Leadership Training
B. Training Implementation

1. All city personnel designated in emergency response roles will participate in initial and ongoing training sessions as established by their department head unless expressly stated in this or other applicable City policy or plan. Emergency management-related training must be reported to Emergency Services to ensure proper documentation.

2. Online Training: A list of available online training will be provided during onboarding and available on CityNet or by request from Emergency Services.

3. In-Person Training: In-person training sessions will be organized by Emergency Services whenever possible, or by the respective department for specialized training.

These training sessions will be included in the Integrated Preparedness Plan (IPP) for prioritization and tracking. Post-training evaluations will be conducted to assess effectiveness.

4. Outside Training: City staff may attend training hosted by external agencies upon recommendation from Emergency Services and with department head authorization. A list of organizations offering emergency management training will be available on CityNet and can be requested from Emergency Services. Whenever possible, upcoming training opportunities will be communicated to personnel or department heads for distribution to relevant staff and/or posted on CityNet.

5. Travel Training: Training hosted outside San Bernardino and Riverside counties must be approved per the City’s travel policy.

C. Continuous Improvement
The City will leverage training evaluations and exercise after-action reviews to continually refine and enhance training curricula and disaster response strategies.

V. ENFORCEMENT
All city staff involved in emergency response roles must comply with the training requirements outlined in this policy. Non-compliance may result in disciplinary action as per the City’s administrative procedures.

IV. DEFINITIONS
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City of Fontana

POLICY AND PROCEDURES

Subject:

Emergency Management Training Page
4 of 4
Section
xx-xx

Effective Date
07-09-2024
Issued Date
07-09-2024

Resolution Number:

Approval Date:

New Policy Distribution: All Employees
File in City Administrative Manual

Terms Definitions
Department
Operations Center
(DOC)
A department-level EOC. DOCs can be used at all SEMS levels above the field response level, depending on the impacts of the emergency, demographic nature of the agency or organization, local policy and procedures, and configuration of communications systems.

Disaster Service
Worker (DSW)
Per California Government Code, Sections 3100-3109, all public employees in California are considered disaster service workers and are required to engage in disaster service activities during a declared emergency.

Emergency
Management
A coordinated and integrated approach to managing and responding to emergencies and disasters, involving planning, organizing, directing, and implementing measures across all phases of emergencies. Emergency Management handles strategic direction, resource coordination, and support functions. This includes establishing Emergency Operations Centers (EOCs) to facilitate communication, coordination, and information sharing among agencies.

Emergency Operations
Center (EOC)
A location from which centralized emergency management can be performed. EOCs provide overall centralized coordination to ensure that there is an effective response.

National Incident
Management System
(NIMS)
The National Incident Management System (NIMS) guides all levels of government, nongovernmental organizations and the private sector to work together to prevent, protect against, mitigate, respond to and recover from incidents. The National Incident Management System (NIMS) Training Program helps to mitigate risk by achieving greater preparedness. The training program facilitates training and qualification of emergency management personnel to NIMS concepts and principles.

Standardized
Emergency
Management System
(SEMS)
The system required by California Emergency Services Act for managing incidents in California. SEMS incorporates the use of the Incident Command System (ICS), multi-agency coordination, the operational area concept, and mutual aid agreements. State guidance, “Type III EOC Position Credentialing Standards”, recommends additional training that enhances preparedness for disaster response roles.

254
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3124 Agenda Date: 7/23/2024
Agenda #: N. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve an Increase in Construction Contingency for the Courtplace Housing Development (Infrastructure Improvements), Project Bid No. DE-24-124-SB RECOMMENDATION:

1. Approve and authorize the City Manager to increase the construction contingency in the amount of $2,013,647.60, for a total contingency amount of $2,500,000.00.

2. Appropriate $1,000,000.00 from Storm Drain Fund 622, I-10 South watershed area and $170,000.00 will be allocated from Sewer Expansion Fund 623.

DISCUSSION:

The Courtplace Housing Development (Infrastructure Improvements) Project includes installation of a storm drain system, sanitary sewer system, restoration of existing improvements, and the modification of an existing detention basin located at 11196 Sierra Avenue to include partial backfilling and construction of a concrete basin diversion structure.

On January 23, 2024, City Council authorized the City Manager to execute a Construction Contract with Weka, Inc. of San Bernardino, CA for the construction of the Courtplace Housing Development (Infrastructure Improvements) Project in the amount of $4,863,524.00 and authorize a 10% contingency in the amount of $486,352.40.

The project has encountered unforeseen conditions as follows:
· Precise grading plans to construct the new detention basin and access road have been provided to the contractor as a change order request.
· A sewer redesign was required due to a utility conflict. The new proposed location will require additional roadway restorations, additional traffic control, and have construction inefficiencies. · Additional Biological Monitoring Services needed to be conducted due to a coyote den being observed during the survey.

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File #: 21-3124 Agenda Date: 7/23/2024
Agenda #: N. Category: Consent Calendar
· An asbestos waterline has been identified on Juniper Avenue that requires removal and proper abatement.
· Additional unforeseen utility conflicts and site conditions may be anticipated for the duration of the project.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $1,170,000.00. There will be $1,000,000.00 allocated from the Storm Drain Fund 622, I-10 South watershed area and $170,000.00 will be allocated from Sewer Expansion Fund 623. These funds will be allocated to 37600063-622-A-8331 and 37600063-623-A-8331 respectively. The remaining amount of $843,647.60 is currently available within the project budget. This request will be included in the next quarterly budget report.

MOTION:

Approve staff recommendation.

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N01 inch = 600 feet1200600

PROJECT LOCATIONCOURTPLACE HOUSING DEVELOPMENT PROJECT
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3133 Agenda Date: 7/23/2024
Agenda #: O. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Accept Additional Carbon Reduction Program (CRP) Grant Funds for the San Sevaine Trail Phase 1, Segment 2 Project
RECOMMENDATION:

Approve and authorize the City Manager to accept the CRP Grant Funds in the amount of $1,500,000.00 for the San Sevaine Trail Phase 1, Segment 2 Project and authorize staff to request reimbursements per grant requirements.

DISCUSSION:

The San Sevaine Trail Phase 1, Segment 2 Project is a 1.25-mile long multi-user trail beginning at the Pacific Electric Trail in the City of Fontana to Banyan Street in the City of Rancho Cucamonga.

The trail will be constructed along the west side of the Etiwanda Creek/San Sevaine Flood Control Channel.

In September 2023, the City Council accepted a CRP Grant from San Bernardino Transportation Authority (SBCTA) and SCAG in the amount of $2,721,400 for the San Sevaine Trail Phase 1, Segment 2 Project. The project was released for bid in Fall 2023 and the lowest bid received was approximately $3.5 Million higher than the allocated budget, creating a project shortfall. To ensure the project stayed on schedule with the SCAG Transportation Control Measure (TCM) Designation committing the project to a timely completion, a construction contract was awarded by the City Council in December 2023.

SBCTA agreed to work with the City to apply for additional CRP funding to offset the local funds that were needed to fully fund the construction project. In June 2024, the City was notified by SBCTA that additional CRP funds in the amount of $1,500,000 were approved by the SCAG Regional Council for the project.

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File #: 21-3133 Agenda Date: 7/23/2024
Agenda #: O. Category: Consent Calendar
Construction of the project began in May 2024 and is expected to be completed in early 2025.

Staff requests that the City Council accept the grant and authorize staff to appropriate the additional grant funds as required and request reimbursement as the project progresses.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in revenues and appropriations of $1,500,000 in Fund 301 for the San Sevaine Trail Phase 1, Segment 2 Project 37600345-301-C-8330 and will be included in the FY2024-25 First Quarter Budget Report.

MOTION:

Approve staff recommendation.

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2023-2026 CRP-CMAQ-STBG Project Award List
CTC Agency Project Name SCAG Ranking
Requested Fund
Source
Requested
Amount
Recommended
Fund Source
Recommended
Funding Award CMAQ STBG CRP
ICTC City of Imperial Aten Blvd Sidewalk Installation
Project, Phase I Highly Recommended CMAQ $132,000 CMAQ $132,000 $132,000 ICTC City of Imperial Aten Blvd Sidewalk Installation
Project, Phase II Highly Recommended CMAQ $112,000 CMAQ $112,000 $112,000 ICTC City of Imperial Aten Blvd Sidewalk Installation
Project, Phase III Highly Recommended CMAQ $144,000 CMAQ $144,000 $144,000 ICTC City of Imperial EV Electric Charging Station
Installation of EV Purchase, Phase III Highly Recommended CRP $311,000 CRP $311,000 $311,000 ICTC ICTC Imperial County Region EV Charging
Station Feasibility Study Highly Recommended CRP $150,000 CRP $150,000 $150,000 ICTC City of Imperial P Street Rehabilitation from Aten Blvd to Rosarito Drive, Phase I Highly Recommended* STBG $519,000 STBG $519,000 $519,000 ICTC City of El Centro ROW Utility Relocations for the S.

Imperial Ave Phase IV Highly Recommended* STBG $520,000 STBG $520,000 $520,000 ICTC City of Brawley Western Avenue Improvement
Project Highly Recommended* STBG $599,000 STBG $599,000 $599,000 ICTC City of Imperial EV Charging Station Installation of EV Purchase, Phase I Recommended CRP $311,000 CRP $311,000 $311,000 ICTC City of Imperial EV Charging Station Installation of EV Purchase, Phase II Recommended CRP $311,000 CRP $311,000 $311,000 LA Metro City of Pasadena
17 Fuel Cell Electric Buses for
Pasadena Transit System Legacy
Project
Highly Recommended CRP $2,500,000 CRP $2,500,000 $2,500,000 LA Metro City of Glendale
City of Glendale Electrification of
Beeline Bus Fleet and Maintenance
Facility
Highly Recommended CMAQ $7,680,000 CMAQ $7,680,000 $7,680,000 LA Metro San Gabriel Valley COG City of Pomona Transit
Improvement Program Highly Recommended CRP $8,144,500 CRP $8,144,500 $8,144,500 LA Metro City of Torrance City of Torrance Traffic Signal Safety Updates Highly Recommended* STBG $1,667,595 CRP $1,667,595 $1,667,595 LA Metro LA Metro EB SR-91 Atlantic to Cherry
Improvements Project Highly Recommended STBG $24,333,000 STBG $24,333,000 $24,333,000 LA Metro LADOT Exposition II West Bikeways -
Northvale Gap Closure Highly Recommended CMAQ $13,279,500 CMAQ/STBG $13,279,500 $9,779,500 $3,500,000 LA Metro City of Culver City Jefferson Enhanced Transit Service Highly Recommended CMAQ $9,530,321 CMAQ $9,530,321 $9,530,321 LA Metro San Gabriel Valley COG La Verne A Line Transit Oriented Development Pedestrian Bridge Highly Recommended STBG $16,000,000 STBG $16,000,000 $16,000,000 LA Metro LA County
Link Willowbrook and Kind Medical
Center Shuttles Zero Emission
Vehicles
Highly Recommended CMAQ $1,327,950 CRP $1,327,950 $1,327,950 LA Metro City of Culver City Metro Bike Share Westside
Connectivity Project Highly Recommended CRP $1,018,614 CRP $1,018,614 $1,018,614 LA Metro LA Metro Metro Bus Division 18 Charging
Infrastructure Project Highly Recommended CRP $24,000,000 CRP $24,000,000 $24,000,000 LA Metro LADOT Mid-City Low Stress Bicycle
Enhancement Corridors Highly Recommended CMAQ $1,810,419 CMAQ $1,810,419 $1,810,419 LA Metro City of Culver City MOVE Culver City Sepulveda and Jefferson Corridors Highly Recommended CRP $1,674,248 CRP $1,674,248 $1,674,248 LA Metro City of Pico Rivera
Regional Trail Entrances and City
Entry Points Safety Improvements
Project
Highly Recommended* STBG $2,434,664 CRP $2,434,664 $2,434,664 LA Metro LA County South Whittier Community Bikeway
Access Improvement Project Highly Recommended* STBG $17,060,021 STBG $17,060,021 $17,060,021 LA Metro City of Long Beach Studebaker Corridor Complete Streets Project Highly Recommended STBG $5,000,000 STBG $5,000,000 $5,000,000 LA Metro LA County Sunshine Shuttle Zero Emission
Vehicles Highly Recommended CMAQ $3,762,525 CRP $3,762,525 $3,762,525 LA Metro City of LA Western Our Way - Walk and Wheel
Improvement Project Highly Recommended* STBG $6,639,750 CRP $6,639,750 $6,639,750 OCTA OCTA Zero Emission Bus Purchase Highly Recommended CRP $15,048,000 CRP $15,048,000 $15,048,000 OCTA City of Huntington Beach
Banning Avenue Roundabout &
Southeast Corridor Complete
Streets Improvements
Highly Recommended CMAQ/STBG $5,000,000 CMAQ/STBG $5,000,000 $4,016,000 $984,000 OCTA City of Fullerton Harbor Blvd Complete Streets
Improvement Project Highly Recommended CMAQ/STBG $4,854,000 STBG $4,854,000 $4,854,000 OCTA City of Irvine Harvard Avenue Complete Streets
and Safety Improvements Highly Recommended CMAQ/STBG $4,312,000 CMAQ/STBG $4,312,000 $3,608,000 $704,000 OCTA City of Tustin Main Street Enhancement Project Highly Recommended CMAQ/STBG $3,172,000 CMAQ/STBG $3,172,000 $802,360 $2,369,640 OCTA City of Mission Viejo Mission Viejo Quad Cities Trail Highly Recommended CMAQ $4,787,200 CMAQ $4,787,200 $4,787,200 OCTA City of Buena Park Orangethorpe Avenue Complete
Streets Planning Study Highly Recommended STBG $308,000 STBG $308,000 $308,000 OCTA City of Orange Riverdale Avenue Complete Streets
Improvements Highly Recommended CMAQ/STBG $2,573,000 CMAQ/STBG $2,573,000 $2,127,200 $445,800 OCTA City of Laguna Niguel
South Forbes Road Oso Creek Trail
Active Transportation
Enhancements
Highly Recommended CMAQ/STBG $3,415,000 STBG $3,415,000 $3,415,000 OCTA City of Irvine Venta Spur Trail & Jeffrey Road
Pedestrian and Bicycle Bridge Highly Recommended CMAQ/STBG $5,000,000 CMAQ/STBG $5,000,000 $4,000,000 $1,000,000 RCTC Coachella Valley Association
of Governments
Addressing Climate Change,
Emergencies, and Sandstorms
(ACCESS)
Highly Recommended STBG $33,350,000 STBG $7,589,150 $7,589,150 RCTC City of Banning
Electric Charging Infrastructure to
Support City of Banning's Transition
to Zero Emissions
Highly Recommended CRP $488,666 CRP $488,666 $488,666
RCTC RCTC I-15 Express Lanes Project Southern
Extension (I-15 ELPSE) Highly Recommended STBG $24,000,000 STBG $18,700,000 $18,700,000 RCTC Riverside Transit Agency Purchase of Five Replacement Zero- Emission Vehicles Recommended CRP $6,469,350 CRP $5,000,000 $5,000,000 RCTC SunLine Transit Agency SunLine Hydrogen Fueling Station - Division III Recommended* CRP $2,680,200 CRP/STBG $2,680,200 $1,210,850 $1,469,350 SBCTA Town of Apple Valley Bear Valley Bridge Active
Transportation Project Elements Highly Recommended CRP $1,382,200 CRP $1,382,200 $1,382,200 SBCTA City of Rancho Cucamonga City Center Boulevard Design - Haven Avenue & Foothill Boulevard Highly Recommended CRP $3,000,000 CRP $3,000,000 $3,000,000 SBCTA San Bernardino County Del Rose Sidewalks Highly Recommended CRP $961,000 CRP $961,000 $961,000 Packet Pg. 61
Attachment: CRP-CMAQ-STBG Program Award and Contingency and Not Recommended Lists (2023-2026 CRP-CMAQ-STBG Project Selection 260
2023-2026 CRP-CMAQ-STBG Project Award List
CTC Agency Project Name SCAG Ranking
Requested Fund
Source
Requested
Amount
Recommended
Fund Source
Recommended
Funding Award CMAQ STBG CRP
SBCTA City of Montclair
Fremont Avenue - Arrow Highway
Active Transportation
Improvements
Highly Recommended CRP $975,000 CRP $975,000 $975,000
SBCTA SBCTA I-10 Corridor Freight and Managed
Lane Project Highly Recommended CMAQ/STBG $23,000,000 CMAQ/STBG $23,000,000 $7,000,000 $16,000,000 SBCTA City of Fontana San Sevaine Trail Highly Recommended CRP $1,500,000 CRP $1,500,000 $1,500,000 SBCTA City of San Bernardino Arrowhead Grove EV Charging Stations Installation Recommended CRP $1,405,800 CRP $1,405,800 $1,405,800 SBCTA SBCTA Regional San Bernardino County
VMT Mitigation Bank Recommended CRP $2,000,000 CRP $2,000,000 $2,000,000 VCTC City of Oxnard City of Oxnard Accessible Pedestrian Enhancements Project Highly Recommended CRP $699,765 CRP $699,765 $699,765 VCTC VCTC Countywide Community Outreach
for Public Transit Highly Recommended CMAQ $171,000 CMAQ $171,000 $171,000 VCTC Gold Coast Transit District Going Green - Hydrogen Fuel Transition Project Highly Recommended CRP $2,500,000 CRP $2,500,000 $2,500,000 VCTC City of Thousand Oaks Lynn Road Class IV Bike Lanes and Pedestrian Improvements Highly Recommended STBG $2,000,000 STBG $1,350,000 $1,350,000 VCTC City of Camarillo Pleasant Valley Road Bike Lanes
Class II (ST-5006) Highly Recommended STBG $1,500,000 STBG $1,500,000 $1,500,000 VCTC Oxnard Harbor District/Port
of Hueneme
Port of Hueneme North Terminal
Shore Power Project Highly Recommended CRP $1,469,949 CRP $1,469,949 $1,469,949 VCTC VCTC Santa Paula Branch Line Trail Master
Plan Update and EIR-EIS Highly Recommended STBG $1,600,000 STBG $1,600,000 $1,600,000 VCTC Ventura County Ventura Avenue Pedestrian and Bike
Lane Improvements Highly Recommended CMAQ $500,000 CRP $500,000 $500,000

VCTC VCTC
Ventura County Community Traffic
Calming and Pedestrian and Bicycle
Safety Program (CTCP)
Highly Recommended STBG $300,000 STBG $300,000 $300,000 VCTC Gold Coast Transit District Ventura Road Demonstration Route Highly Recommended CMAQ $1,300,000 CMAQ $1,300,000 $1,300,000 VCTC City of Simi Valley Simi Valley Electric Bus Portable Battery Chargers Recommended CRP $168,000 CRP $168,000 $168,000 *Ranking updated for Program Balancing purposes $312,862,237 $279,682,037 $57,000,000 $129,861,461 $92,820,576 Packet Pg. 62
Attachment: CRP-CMAQ-STBG Program Award and Contingency and Not Recommended Lists (2023-2026 CRP-CMAQ-STBG Project Selection 261
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3134 Agenda Date: 7/23/2024
Agenda #: P. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Adoption of the City of Fontana Emergency Management Strategic Plan RECOMMENDATION:

1. Adopt the City of Fontana Emergency Management Strategic Plan.

2. Authorize the Emergency Services Coordinator to implement the Strategic Plan.

3. Approve the strategic objectives and related actions outlined in the Strategic Plan.

COUNCIL GOALS:
· Improve public safety by minimizing impacts from disasters through emergency and disaster preparedness.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.

DISCUSSION:

The City of Fontana Emergency Management Strategic Plan identifies key issues, overarching goals, and strategic objectives to build a robust and capable emergency management program. This plan is designed to foster a disaster-ready and resilient community through comprehensive strategies for resource allocation, staff activities, funding, planning efforts, and preparedness measures.

The Strategic Plan emphasizes community resilience and engagement by educating the public on disaster readiness, increasing community involvement through programs like the Community Emergency Response Team (CERT), and strengthening partnerships with other agencies.

Emergency planning is enhanced through the development and maintenance of comprehensive plans, including the Emergency Operations Plan, Local Hazard Mitigation Plan, and Integrated Preparedness Plan. Additionally, the Strategic Plan focuses on maximizing operational coordination and response by providing consistent training, improving communication, and ensuring the availability of essential resources and supplies.

The Emergency Management Strategic Plan is a living document that will be regularly updated to reflect changing priorities and the evolving environment of threats, hazards, and risks. Its adoption City of Fontana Printed on 7/18/2024Page 1 of 2
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File #: 21-3134 Agenda Date: 7/23/2024
Agenda #: P. Category: Consent Calendar
will guide the continuous improvement of the City’s emergency management capabilities and capacities.

FISCAL IMPACT:

Implementation of the Emergency Management Strategic Plan will require the allocation of existing resources and may necessitate additional funding for specific objectives. Detailed financial impacts and funding requirements will be addressed in subsequent budget proposals and grant applications.

MOTION:

Approve staff recommendation.

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CITY OF FONTANA

Emergency Management
Strategic Plan

A strategy towards continued city
disaster readiness and resilience.

2024 - 2027
264
2 TABLE OF CONTENTS

OVERVIEW .......................................................................................................... 3 MISSION AND VISION ......................................................................................... 4 STRATEGIC GOALS ............................................................................................ 5 STRATEGIC OBJECTIVES .................................................................................. 6 GOAL 1: PROMOTE COMMUNITY RESILIENCE AND ENGAGEMENT ...... 6 GOAL 2: ENHANCE EMERGENCY PLANNING ............................................ 6 GOAL3: MAXIMIZE OPERATIONAL COORDINATION AND RESPONSE.... 7 ALIGNMENT WITH CITY OF FONTANA 2023-2025 STRATEGIC PLAN ............ 9 STRATEGIC PLAN MATRIX .............................................................................. 10 GOAL 1: PROMOTE COMMUNITY RESILIENCE AND ENGAGEMENT .... 10 GOAL 2: ENHANCE EMERGENCY PLANNING .......................................... 12 GOAL 3: MAXIMIZE OPERATIONAL COORDINATION AND RESPONSE. 15 ACRONYMS AND ABBREVIATIONS ................................................................. 17 DEFINITIONS ..................................................................................................... 17

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3 OVERVIEW

The City of Fontana Emergency Management Strategic Plan identifies key issues, overarching goals, and strategic objectives that, when resourced and achieved, will lead to a more robust and capable emergency management program. This program aims to create a disaster -ready and resilient community by providing a strategic framework for applying resources, staff activities, funding, planning efforts, and preparedness measures. The plan ensures a purposeful and methodical approach to addressing emerging emergency management issues, applying scarce resources to continuous capability and capacity building, and informing budget and grant management.

As a living document, the Emergency Management Strategic Plan requires continuous modifications to reflect jurisdictional priorities and the evolvi ng environment of threats, hazards, and risks. Under the City Administrative Services Office, the City of Fontana Emergency Management Program is dedicated to coordinating comprehensive preparedness, response, mitigation, and recovery efforts for emergenci es and disasters beyond everyday capabilities. This collaborative program integrates efforts across multiple departments and agencies, emphasizing regular training, continuous updates to emergency plans and procedures, and active community engagement. Thro ugh this approach, the City aims to foster a culture of preparedness and resilience, empowering both city staff and community members to effectively manage and recover from disasters.

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4 MISSION AND VISION

CITY OF FONTANA MISSION STATEMENT

We seek and embrace every opportunity to enrich the lives of those who live, work, play, and invest in the City of Fontana.

EMERGENCY MANAGEMENT PROGRAM MISSION

To cultivate community resilience to disasters through proactive all - hazard preparedness and mitigation and coordinated response and recovery efforts.

EMERGENCY MANAGEMENT PROGRAM VISION

A community united in resilience against disasters.

EMERGENCY MANAGEMENT PROGRAM VISION STRATEGY

To achieve a community united in resilience against disasters, the City of Fontana will prioritize continuous improvement in emergency preparedness by leveraging cutting -edge technologies and incorporating best practices in emergency management.

The City will enhance disaster readiness and recovery capabilities by educating and engaging the community, fostering robust
intergovernmental partnerships, and ensuring staff are well -trained and equipped to respond to emergencies.

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5 STRATEGIC GOALS

1. COMMUNITY RESILIENCE AND ENGAGEMENT
 Foster a disaster-resilient community by educating and engaging the public, empowering community members through training, and strengthening partnerships with other agencies.

2. EMERGENCY PLANNING
 Enhance emergency preparedness by developing and maintaining comprehensive plans, ensuring continuous improvement, and preparing for efficient recovery and continuity of operations.

3. OPERATIONAL COORDINATION AND RESPONSE
 Maximize coordination and response capabilities by providing consistent training, improving communication, and ensuring the availability of essential resources and supplies.

For each of these three goals, the City has identified a set of Strategic Objectives and critical initiatives or tasks necessary to achieve these goals. 268
6 STRATEGIC OBJECTIVES

GOAL 1: PROMOTE COMMUNITY RESILIENCE AND

ENGAGEMENT

OBJECTIVE 1.1: Promote a Disaster-Resilient Community.

Educate the public on hazard and risk reduction strategies, critical lifesaving skills, and self -sustaining disaster readiness activities. Reduce the community's vulnerability to disasters through public awareness & education campaigns.

OBJECTIVE 1.2: Foster Community Involvement and Preparedness.

Actively seek community input and feedback on emergency management plans and initiatives. Regularly update the public on emergency management issues, programs, and accomplishments through various communication channels.

Increase participation in the Community Emergency Response Team (CERT) Volunteer Program.

OBJECTIVE 1.3: Train and Empower Community Members.

Train and empower individuals, businesses, faith-based organizations, and community groups through Listos and Community Emergency Response Team (CERT) training programs. Equip community members with the skills needed to effectively respond to and recover from disasters.

OBJECTIVE 1.4: Enhance Intergovernmental Relations and Partnerships.

Work cooperatively with neighboring jurisdictions and establish partnerships with public agencies to enhance regional emergency management capabilities.

Pursue financial participation from state, federal, and other sources to bolster local emergency management efforts.

GOAL 2: ENHANCE EMERGENCY PLANNING

OBJECTIVE 2.1: Develop and Maintain an Integrated Preparedness Plan.

Create and maintain an Integrated Preparedness Plan (IPP) to coordinate and align training and exercises, increasing the City's capability to respond to relevant threats and hazards. Ensure continuous improvement by regularly updating the plan based on lessons learned from exercises and real-world incidents and to align with City priorities and best practices.
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7 OBJECTIVE 2.2: Update the Emergency Operations Plan (EOP).

Update and maintain the Emergency Operations Plan (EOP) and annexes to ensure it addresses current and emerging threats and risks. This plan will outline the structure and protocols for coordinated response to emergencies.

OBJECTIVE 2.3: Update the Local Hazard Mitigation Plan (LHMP).

Ensure comprehensive hazard identification and risk assessment in the Local Hazard Mitigation Plan (LHMP). This plan will focus on reducing long-term risks to life and property from natural and man-made hazards.

OBJECTIVE 2.4: Update the Emergency Management Strategic Plan.

Regularly review and update the Emergency Management Strategic Plan to address emerging threats and changing city priorities. This plan will provide strategic direction for the development and implementation of the City’s Emergency Management Program.

OBJECTIVE 2.5: Develop the Disaster Recovery Plan.

Create a detailed Disaster Recovery Plan to guide post-disaster actions and ensure efficient recovery. This plan will outline the processes for restoring services, rebuilding infrastructure, and supporting affected individuals and communities.

OBJECTIVE 2.6: Develop a Continuity of Government (COG) and Continuity of Operations (COOP) Plan.

Ensure the continuity of government and essential services during and after a disaster through COG/COOP plans. These plans will outline procedures to maintain governmental functions and essential operations under all conditions.

OBJECTIVE 2.7: Enhance Departmental Emergency Preparedness Planning.

Collaborate with various city departments to develop and update their specific emergency plans, ensuring alignment with the overall emergency management strategy and addressing specific departmental needs.

GOAL3: MAXIMIZE OPERATIONAL COORDINATION AND

RESPONSE

OBJECTIVE 3.1: Train, Exercise, and Credential Emergency Response Staff. 270
8 Administer an ongoing Integrated Preparedness Plan to ensure consistent training and exercises for City Disaster Service Workers, EOC Staff, and Emergency Management Program staff in accordance with local needs and state and national emergency responder requirements. This will enhance the skills and readiness of all personnel involved in emergency response.

OBJECTIVE 3.2: Enhance Emergency Operations Centers (EOC).

Evaluate, equip, and exercise the Primary EOC, Alternate EOC, and establish a second Alternate EOC to ensure redundancy and operational capability. Ensure staff are trained and exercised to use these facilities to a state of readiness consistent with local needs and state and national standards.

OBJECTIVE 3.3: Enhance Operational Coordination and Communication.

Improve operational coordination and communication across all departments and with external partners through the implementation of advanced communication technologies, regular inter-agency meetings, and the establishment of clear protocols for information sharing during emergencies.
271
9 ALIGNMENT WITH CITY OF FONTANA 2023-
2025 STRATEGIC PLAN

City Goal Emergency Management Objectives
Improve Public Safety Objective 1.1: Promote a Disaster-Resilient Community
Objective 1.3: Train and Empower Community
Members
Objective 2.1: Integrated Preparedness Plan
Objective 2.2: Update EOP
Objective 2.3: Update LHMP
Objective 2.5: Disaster Recovery Plan
Objective 2.6: COG/COOP Plan
Objective 3.1: Staff Training
Objective 3.2: EOC Enhancement
Objective 3.3: Coordination & Communication

Operate in a Businesslike
Manner
Objective 3.3: Coordination & Communication
Objective 1.2: Community Feedback

Increase Citizen
Involvement
Objective 1.2: Community Feedback
Objective 1.3: Community Training

Practice Sound Fiscal
Management
Objective 1.4: Partnerships & Funding
Objective 2.4: Strategic Plan Update

Concentrate on
Intergovernmental
Relations
Objective 1.4: Partnerships & Funding

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10 STRATEGIC PLAN MATRIX

GOAL 1: PROMOTE COMMUNITY RESILIENCE AND

ENGAGEMENT
Objective 1.1: Promote a Disaster-Resilient Community
Task 1.1.1 Update the Ready Fontana website.
 Time Frame: Annually
 Output or Outcome: Up-to-date preparedness information for the public  EMAP Standard: 4.6
Task 1.1.2 Update and distribute the Ready Fontana guide.  Time Frame: FY 25
 Output or Outcome: Enhanced public education through up-to-date print and electronic materials
 EMAP Standard: 4.6
Task 1.1.3 Create and run a social media campaign focusing on seasonal or emergent hazards.
 Time Frame: FY 25 and ongoing
 Output or Outcome: Increased public awareness
 EMAP Standard: 4.6
Task 1.1.4 Conduct 2 community workshops on disaster readiness activities.  Time Frame: FY 26
 Output or Outcome: Community engagement
 EMAP Standard: 4.6
Objective 1.2: Foster Community Involvement and Preparedness Task 1.2.1 Establish a feedback mechanism for community input on emergency management plans.
 Time Frame: FY 25
 Output or Outcome: Enhanced community involvement
 EMAP Standard: 4.6
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11 Task 1.2.2 Regularly update the public on emergency management programs.  Time Frame: Annually
 Output or Outcome: Increased public awareness
 EMAP Standard: 4.6
Task 1.2.4 Increase CERT volunteer enrollment by 10%.
 Time Frame: 2025
 Output or Outcome: Increased CERT volunteer base
 EMAP Standard: 4.6
Objective 1.3: Train and Empower Community Members
Task 1.3.1 Offer 3 CERT training sessions and 3 Listos training sessions in English and Spanish annually.
 Time Frame: Annually
 Output or Outcome: Increased community preparedness
 EMAP Standard: 4.5
Task 1.3.2 Certify 50 community members through CERT and Listos programs.  Time Frame: Annually
 Output or Outcome: Empowered community members
 EMAP Standard: 4.5
Objective 1.4: Enhance Intergovernmental Relations and
Partnerships
Task 1.4.1 Secure funding from at least 1 state or federal source.  Time Frame: Annually
 Output or Outcome: Increased funding for emergency management  EMAP Standard: 3.3
Task 1.4.2 Participate in 1 regional emergency management exercise.  Time Frame: FY 26
 Output or Outcome: Enhanced regional collaboration
 EMAP Standard: 4.7
274
12 Task 1.4.3 Participate in regional emergency management committees and working groups.
 Time Frame: Annually
 Output or Outcome: Regular participation in regional committees  EMAP Standard: 4.7
GOAL 2: ENHANCE EMERGENCY PLANNING
Objective 2.1: Develop and Maintain an Integrated Preparedness Plan
Task 2.1.1 Develop the initial draft of the Integrated Preparedness Plan (IPP).  Time Frame: FY 25
 Output or Outcome: Draft Integrated Preparedness Plan  EMAP Standard: 4.1
Task 2.1.2 Conduct a review and update of IPP based on feedback from exercises and updated threats and hazards.
 Time Frame: FY 26
 Output or Outcome: Updated Integrated Preparedness Plan  EMAP Standard: 4.1
Objective 2.2: Update the Emergency Operations Plan (EOP) Task 2.2.1 Complete the review and initial update of the EOP.  Time Frame: FY 25
 Output or Outcome: Updated EOP
 EMAP Standard: 4.1
Task 2.2.2 Conduct training sessions on Emergency Operations Plan.  Time Frame: FY 25
 Output or Outcome: Staff is trained on EOP
 EMAP Standard: 4.5
Task 2.2.3 Establish and conduct an annual review and update process for the EOP.
 Time Frame: FY 26, FY 27
 Output or Outcome: Regularly updated EOP
 EMAP Standard: 4.4
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13 Task 2.5.3 Test the Emergency Operations Plan through an exercise.  Time Frame: FY 27
 Output or Outcome: Tested and exercised EOP
 EMAP Standard: 4.4
Objective 2.3: Update the Local Hazard Mitigation Plan (LHMP) Task 2.3.1 Complete the 5-year update of the LHMP.
 Time Frame: FY 25
 Output or Outcome: FEMA-approved LHMP
 EMAP Standard: 4.1
Task 2.3.2 Conduct annual reviews of the LHMP and track mitigation actions.  Time Frame: FY 26, FY 27
 Output or Outcome: Coordinated mitigation actions & updated LHMP  EMAP Standard: 4.1
Objective 2.4: Update the Emergency Management Strategic Plan
Task 2.4.1 Create and implement a work plan and monitor progress.  Time Frame: FY 25
 Output or Outcome: Comprehensive work plan aligned with strategic goals
 EMAP Standard: 4.4
Task 2.4.2 Conduct annual Strategic Plan reviews and adjust objectives as needed.
 Time Frame: FY 26 and ongoing
 Output or Outcome: Updated Strategic Plan
 EMAP Standard: 4.4
Objective 2.5: Develop the Disaster Recovery Plan
Task 2.5.1 Draft the Disaster Recovery Plan framework.
 Time Frame: FY 26
 Output or Outcome: Draft Disaster Recovery Plan framework  EMAP Standard: 4.4
276
14 Task 2.5.2 Conduct stakeholder meetings to refine the Disaster Recovery Plan.  Time Frame: FY 26
 Output or Outcome: Refined Disaster Recovery Plan
 EMAP Standard: 4.4
Objective 2.6: Develop a Continuity of Government (COG) and Continuity of Operations (COOP) Plan
Task 2.6.1 Develop the initial COG/COOP framework.
 Time Frame: FY 26
 Output or Outcome: Initial COG/COOP framework
 EMAP Standard: 4.2
Task 2.6.2 Conduct continuity plan development sessions for departments.  Time Frame: FY 27
 Output or Outcome: Informed Continuity Plan
 EMAP Standard: 4.5
Objective 2.7: Coordinate Departmental Emergency
Preparedness Planning
Task 2.7.1 Collaborate with the IT department to develop a Cybersecurity Annex for the EOP.
 Time Frame: FY 26
 Output or Outcome: Cybersecurity Plan
 EMAP Standard: 4.2
Task 2.7.2 Partner with the Community Services Department to create a Mass Care and Shelter Annex for the EOP.
 Time Frame: FY 26
 Output or Outcome: Mass Care and Shelter Plan
 EMAP Standard: 4.2
Task 2.7.3 Work with the Finance Department to update disaster-related policies.  Time Frame: FY 26
 Output or Outcome: Updated disaster Finance policies & procedures  EMAP Standard: 4.2
277
15 Task 2.7.4 Coordinate with the Human Resources and Police Departments to revise and enhance active assailant response plans.
 Time Frame: FY 27
 Output or Outcome: Enhanced active assailant response plans  EMAP Standard: 4.2
Task 2.7.4 Collaborate with the Public Works Department to develop a Disaster Debris Management Plan.
 Time Frame: FY 27
 Output or Outcome: Enhanced active assailant response plans  EMAP Standard: 4.2
GOAL 3: MAXIMIZE OPERATIONAL COORDINATION AND

RESPONSE
Objective 3.1: Train, Exercise, and Credential Emergency Response Staff
Task 3.1.1 Train City staff in NIMS, SEMS, & ICS.
 Time Frame: FY 26
 Output or Outcome: Established ongoing training program  EMAP Standard: 4.5
Task 3.1.2 Conduct quarterly training and exercise sessions for EOC staff.  Time Frame: Annually
 Output or Outcome: Trained and exercised EOC staff
 EMAP Standard: 4.4
Task 3.1.3 Establish or ensure relevant emergency response staff credentialing.  Time Frame: FY 27
 Output or Outcome: Credentialed EOC staff and other relevant staff  EMAP Standard: 4.5
Objective 3.2: Enhance Emergency Operations Centers (EOC) Task 3.2.1 Ensure Primary EOC readiness for activation.  Time Frame: FY 25
 Output or Outcome: Primary EOC is ready for activation within 15 minutes
278
16  EMAP Standard: 4.1
Task 3.2.2 Ensure Alternate EOC readiness for activation.  Time Frame: FY 26
 Output or Outcome: Alternate EOC is ready for activation within 45 minutes
 EMAP Standard: 4.1
Task 3.2.3 Establish and operationalize a Second Alternate EOC and ensure readiness for activation.
 Time Frame: FY 27
 Output or Outcome: Second Alternate EOC is ready for activation in 1 hour
 EMAP Standard: 4.1
Objective 3.3: Enhance Operational Coordination and
Communication
Task 3.3.1 Develop and test protocols for information sharing during emergencies.
 Time Frame: FY 25
 Output or Outcome: Established information sharing protocols  EMAP Standard: 4.3
Task 3.3.2 Conduct quarterly inter-departmental coordination meetings.  Time Frame: FY 26
 Output or Outcome: Regular inter-departmental coordination  EMAP Standard: 4.7
279
17 ACRONYMS AND ABBREVIATIONS

CERT - Community Emergency Response Team
COG - Continuity of Government
COOP - Continuity of Operations Plan
EOC - Emergency Operations Center
EOP - Emergency Operations Plan
EMAP - Emergency Management Accreditation Program
IPP - Integrated Preparedness Plan
LHMP - Local Hazard Mitigation Plan
NIMS - National Incident Management System
SEMS - Standardized Emergency Management System

DEFINITIONS

Community Emergency Response Team. A 20 -hour federally certified emergency preparedness and response training program delivered to the public by the City. This U.S. Department of Homeland Security p rogram delivers a combination of lecture and hands-on lifesaving skills to citizen volunteers.

Continuity of Government (COG). A plan that ensures the continued functioning of government and its essential functions during and after a disaster or emergency.

Continuity of Operations Plan (COOP). A plan that ensures the continuation of essential functions and services during and after a disaster or emergency. It includes procedures for maintaining critical operations.

Emergency Operations Center (EOC). The facility where the centralized coordination and management of emergency response activities occur. It serves as the command center for operations, communications, and coordination during emergencies.

Emergency Operations Plan (EOP). The comprehensive plan that outlines the City's approach to emergency response. It includes the structure and protocols for coordinated response activities and provides guidance for managing emergencies and disasters.

Emergency Management Accreditation Program (EMAP). An indep endent, voluntary accreditation program for emergency management programs. It is based on standards derived from the National Fire Protection Association (NFPA) 1600 Standard on Disaster/Emergency Management and Business Continuity Programs.

Integrated Pr eparedness Plan (IPP). A comprehensive framework used by emergency management agencies to coordinate and align training, exercises, and 280
18 continuous improvement efforts to the most pressing threats and hazards across all aspects of emergency management.

Local Hazard Mitigation Plan (LHMP). A plan that identifies local hazards, assesses risks, and outlines strategies to reduce or eliminate long -term risks to people and property from natural and man -made hazards. It is developed in accordance with the Disaster Mitigation Act of 2000.

National Incident Management System (NIMS). A standardized approach to incident management and response established by the U.S. Department of Homeland Security. It provides a common framework for emergency management and response across all levels of government, non -governmental organizations, and the private sector.

Standardized Emergency Management System. SEMS is required by California Government Code Section 8607, a state adopted and required incident management system. SEMS is closely aligned with NIMS.

281
19 QUESTIONS AND COMMENTS:

City of Fontana
Administrative Services Office
Emergency Management Program

8353 Sierra Avenue
Fontana, CA 92335

[email protected]
(909) 350-7603

282
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3138 Agenda Date: 7/23/2024
Agenda #: Q. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for May 2024.

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

DISCUSSION:

The May 2024 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.

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POLICE DEPARTMENT

MONTHLY REPORT
May 2024
284

NOTEWORTHY EVENTS
• Fontana Police Air Support Unit conducted emergency preparedness training at the Rose Bowl.
• Fontana Police Recruitment Team held a recruitment event and participated in the “Working Dogs for Warriors” walk event.
• Fontana Police participated in the National Police Memorial event in Upland. • ICAC arrested several individuals for child pornography. • A high profile attempted murder case at the Metrolink was solved by the work of Fontana Police Detectives.
• RRT, Gangs, and Narcotic Units seized multiple illegal firearms and narcotics.

KA1
285
Slide 2
KA1 Kevin Anderson, 2/9/2021
286
287

CITYWIDE
• Priority 1 response time- 4:15 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,638
• Total Traffic Accidents- 247
• Non-Injury- 215, Injury - 32
• Total arrests- 541
• Hispanic- 370, White- 65 , Black- 88, All others races- 18 • Total Group A Offenses- 738
• Crimes Against Persons- 170
• Crimes Against Property- 374
• Crimes Against Society- 194
288
CITYWIDE• Crimes Against Person- 170
• Homicide- 0
• Sex Offenses- 5
• Assault- 154
• Kidnapping- 2
• Other- 9
• Crimes Against Property- 374
• Robbery- 9
• Burglary- 31
• Larceny- 139
• Destruction of Property- 50
• Fraud- 28
• Possession of Stolen Property- 48
• Motor Vehicle Theft- 57
• Other Miscellaneous Property Crimes- 12
• Crimes Against Society- 194
• Drug and Paraphernalia Possession- 151
• Possession of Child Pornography- 8
• Possession of Weapons- 34
• Other Miscellaneous Crimes- 1
289

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
290
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 73
• Crimes Against Persons- 13
• Crimes Against Property- 56
• Crimes Against Society- 4
291
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 162
• Crimes Against Persons- 50
• Crimes Against Property- 89
• Crimes Against Society- 23
292
BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 318
• Crimes Against Persons- 82
• Crimes Against Property- 131
• Crimes Against Society- 105
293
Beat 4

AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 138
•Crimes Against Persons- 24
•Crimes Against Property- 90
•Crimes Against Society- 24
294

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] 295
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3144 Agenda Date: 7/23/2024
Agenda #: R. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the ARPA - Fiber to City Parks Project (Bid No. DE-24-180-SB) RECOMMENDATION:

1. Award Bid and authorize the City Manager to execute a construction contract with On Demand Contractors, Inc. for the construction of the ARPA - Fiber to City Parks Project in the amount of $376,200.00 and authorize a 10% contingency in the amount of $37,620.00 (Bid No. DE-24-180- SB).

3. Approve a transfer of $116,542.00 from Project 37600059, ARPA Fiber to City Facilities, to Project 37200006, Jack Bulik Park.

4. Approve a transfer of $109,490.00 from Project 37600059, ARPA Fiber to City Facilities, to Project 37200007, Veterans Park.

DISCUSSION:

The City determined the need for new conduit and fiber to be installed in specific areas of the City to connect Veterans Park and Jack Bulik Park to our central Police Station, Traffic Management Center (TMC), and Information Technology programs and systems.

BB&K, the City’s legal counsel, reviewed and approved the American Rescue Plan Act (ARPA) City of Fontana Printed on 7/18/2024Page 1 of 2
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File #: 21-3144 Agenda Date: 7/23/2024
Agenda #: R. Category: Consent Calendar
eligibility of the Fiber to City Parks project under Federal Use Category 5.0 Infrastructure subsection

5.21 Broadband-Other. This project is included as part of the council approved ARPA expenditure plan utilizing ARPA funds received from the U.S.Department of Treasury, under the Water, Sewer, and Broadband Infrastructure Federal Use Category, to expand the City’s existing broadband infrastructure. The improvements consist of installing fiber optic cable, conduit, splice vaults, and splice canisters to obtain one continuous run. Once completed, the project will create dedicated fiber optic lines to Jack Bulik and Veterans Parks, providing stronger and more reliable bandwidth, promoting safety within the public facilities, and increase responsiveness from local emergency responders.

On June 27, 2024, at 2:00 p.m. the bids for this contract were opened. A total of 13 bids were received, ranging from $376,200.00 to $1,129,625.36. On Demand Contractors, Inc. is the lowest bidder in the amount of $376,200.00. The Engineer's estimate was $438,364.89. After reviewing the proposed bid documents, Purchasing staff has determined On Demand Contractors, Inc. to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $413,820.00. The available budget for the contract in Project 37200006 is $150,000.00. The available budget in Project 37200007, after the FY 23-24 fourth-quarter adjustment, will be $70,000. Considering all project expenses, an additional $226,032.00 is being requested and will be transferred from the ARPA Fiber to City Facilities Project, 37600059-302-A. The requests will be included in the next quarterly budget report.

MOTION:

Approve staff recommendation.

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PROJECT LOCATION
N0 16008001 inch = 800 feet

JACK BULIK SPORTS CENTER & VETERANS PARKFIBER OPTIC CONNECTIVITY PROJECT 298
Bid Results
ARPA Fiber to Parks (Veteran’s & Jack Bulik) Project
DE-24-180-SB

1. On Demand Contractors, Inc. $376,200.00
Whittier, CA

2. GA Technical Services, Inc. $402,692.20
Glendora, CA

3. Innovative Engineering Systems $524,540.89
Bakersfield, CA

4. Servitek Electric, Inc. $593,690.00
Norwalk, CA

5. SECC Corporation $609,097.20
Corona, CA

6. Elecnor Belco Electric, Inc. $686,888.00
Chino, CA

7. Fortte Construction, Inc. $699,730.00
Buena Park, CA

8. Crosstown Electrical & Data, Inc. $716,986.00
Irwindale, CA

9. Golden Sun Firm & Co., Inc. $735,750.00
Van Nuys, CA

10. Techsico, Inc. $744,354.00
San Marcos, CA

11. HP Communications, Inc. $774,129.60
Corona, CA

12. DBX, Inc. $1,014,400.00
Temecula, CA

13. Martin Construction, Inc. $1,129,625.36
Yucaipa, CA

299
City of Fontana
Fiber to Parks (Veteran’s & Jack Bulik) ARPA (DE-24-180-SB), bidding on 06/27/2024 2:00 PM (PDT)

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Fontana City CouncilJuly 23, 2024

Fontana City Council
July 23, 2024