Thursday, July 25, 2024
8:00 AM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Special Meeting
Ord. No.1958 Reso. No. 2024-102
Grover W. Taylor Council Chambers
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 Special City Council Meeting Special Meeting July 25, 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.
CALL TO ORDER/ROLL CALL:
A. Call To Order/Roll Call:
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
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:
2 Special City Council Meeting Special Meeting July 25, 2024 All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.
A. Approve an Easement with Southern California Edison (SCE) Company along John Previti Road (formerly Lytle Creek Road), south of Duncan Canyon Road.
21-3128
Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.
SCE Easement - Final 6.27.24.pdfAttachments:
Approve Consent Calendar Items as recommended by staff.
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.
3 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3128 Agenda Date: 7/25/2024
Agenda #: A. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve an Easement with Southern California Edison (SCE) Company along John Previti Road (formerly Lytle Creek Road), south of Duncan Canyon Road.
RECOMMENDATION:
Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.
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:
On July 27, 2021, the City of Fontana’s City Council approved MCN20-099, SPA Amendment No. 21- 004, TPM21-003 (TPM 20327), and Design Review No. 21-002. To adhere to Specific Plan requirements, the developer will be constructing improvements along John Previti Road south of Duncan Canyon Road.
As part of the construction of the improvements along John Previti Road, south of Duncan Canyon Road, the developer must acquire an easement from SCE and get California Public Utilities Commission (CPUC) approval for said improvements.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 7/24/2024Page 1 of 1
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4 RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Easement
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73503A Service Order: 802226434
Location: City of Fontana
APN: 1107-261-25 & 1107-262-09
V&LM File No: GRT204135171
SCE Document: 319065 & 342571
___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
APPROVED
VEGETATION & LAND
MANAGEMENT
BY SF DATE 06/24/2024
SCE LAW Approved: MR
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to the CITY OF FONTANA, a California municipal corporation, hereinafter called "Grantee", an easement for Road and Utility purposes, in, on, under, over, along and across that certain real property in the County of San Bernardino, State o f California, (“Grantor Property”) described as follows:
THOSE PORTIONS OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF, AS DESCRIBED IN GRANT DEED RECORDED DECEMBER 10, 1973 AS INSTRUMENT NO. 60, IN BOOK 8324, PAGE 86 AND IN GRANT DEED RECORDED NOVEMBER 10, 197 8 AS INSTRUMENT NO. 65, IN BOOK 9558 , PAGE 116, BOTH OF OFFICIA L RECORDS, IN TH E OFFICE OF THE COUNTY RECORDERS OF SAID COUNTY.
Said Road and Utility easement is more particularly described i n Exhibit “A” and more particularly depicted i n Exhibit “B” (“Easement Area”), both attached hereto and by this reference made a part hereof.
SUBJECT TO any pre -existing covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not.
The foregoing grant is made subject to the following terms and conditions:
1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purpose s, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes (“Facilities”). Grantor shall obtain all applicable permits for work within the Easement Area provided howeve r that Grantee shall not charge for any such permits. It is further acknowledged that any Facilities that remain or are situated within the Easement Area are not subject to Grantor’s franchise with the City. 5 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No.: 73503A
V&LM File No.: GRT204135171
Affects SCE Document(s): 319065 and 342571
2 2. Grantor shall not erect , construct or place, nor allow a third party to erect, construct, or place, any Facilities, building or other structure, or diminish or add to the ground level, or construct any fences, so as to unreasonably interfere with the rights of Grantee created by this Easement grant.
3. The City’s use of said Easement shall not unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such Faci lities .
4. Grantee agrees to hold harmless and indemnify Grantor, its officers, agents, and employees to the fullest extent permitted by law , from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting, in any manner whatsoever , directly or indirectly, by reason of the Grantee’s exercise of the rights herein granted or the acts or omissions of Grantee, its officer s, agents, or employees related to the exercise of such rights; provided, however, that the Grantee’s obligatio ns under this section shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability ar e caused by the sole active negligence or willful misconduct of Grantor , its contractors, consultants, subcontractors, employees, successors, and assigns.
5. Grantee agrees to pay to Grantor, upon demand, any and all reasonable costs of relocation and/or construction of such Facilities which may be or become necessary by reason of the Grantee’s exercise of the rights granted pursuant to this Easement.
6. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of thirty -five (35.00) feet between their equipment and any and all overhead electric conductors.
7. Grantor shall have full unobstructed access to its Facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind within the Easement Area at all times.
8. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the Easement Area or immediately proximate thereto and which, in the opinion of Grantor, enda nger or interfere with the proper operation or maintenance of said Facilities , to the extent necessary to prevent any such interference or danger.
9. The Easement Area is to be used only for the purposes specified herein and in the event:
a. the Easement Area is not so used for two years; or
b. the Easement Area is be vacated as a road and utility right of way;
the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the Easement Area.
10. Upon termination or reversion of the rights herein granted, Grantee shall execute and d eliver to Grantor, within thirty (30) days after service of a written demand therefore, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Gran tor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the fai lure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation o f said notice, be conclusive evidence against 6 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No.: 73503A
V&LM File No.: GRT204135171
Affects SCE Document(s): 319065 and 342571
3 Grantee and all persons claiming und er Grantee of the termination or reversion of the rights herein given.
11. As a controlling part of the consideration for the execution and delivery of this instrument by Granto r, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given (the construction of a road and related improvements) , regardless of the time performed, and any other work or improvement commenced wi thin two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collectively called “Im provement”) shall be done without any cost or expense whatsoever to Grantor, and that in the even t a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees th at it shall reimburse Grantor for the full amount of any and all such special assessment or assessm ents so levied for said Improvement and paid by Grantor.
12. Also as a controlling part of the consideration for the execution and deliver y of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain th e Improvement to be located on the Easement Area at its own expense.
13. Grantee hereby recognizes Grantor’s titl e and interest in and to th e Easement Area and agrees never to assail or resist Grantor’s title or interest therein.
14. Any earth fill placed by Grant ee within the boundaries of the Easement Area shall have a relative compaction density of ninety percent (90%).
15. Grantee ag rees that all construction equipment, when not in use, shall be parked clear of Grantor's right of way in the Easement Area and/or rendered immobile.
16. Grantee agrees to provide sixteen (16.00) foot wide commercial type driveway(s) with curb depression(s) capable of supporting forty (40.0) tons on a three-axle truck at such locations within the Easement as specified by the Grantor.
17. Grantee agrees to maintain the Easement Area in good condition and repair.
18. Grantee shall place identification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any facilities, structures or equip ment located by Grantee in the underground of the Easement Area.
19. Any underground facilities shall be buried in the g round so that the tops thereof shall be not less than thirty -six (36.00) in ches below the surface of the ground, shall be capable of support ing three-axle vehicles weighing up to forty (40) tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used.
20. Grantee shall promptly and properly replace the earth over any underg round facilities, shall tamp or water-settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible.
21. The two-year limitation contained in paragraph 11 above to the contrary notwithstanding, Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/or other improvements which may at any time be installed within the Easement Area , which special assessment or assessments have been paid by Grantor.
22. Grantee agrees to install o ne (1.0) twenty (20.00) foot -wide double-drive gate at a location within the Easement Area specified by Grantor.
7 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No.: 73503A
V&LM File No.: GRT204135171
Affects SCE Document(s): 319065 and 342571
4 23. Grantee agrees that all fencing and metallic structures installed within the Easement Area shall be adequately grounded.
24. Prior to construction of any Facilities, Grantor shall provide plans for its Facilities and any related improvements to Grantee for Grantee’s approval , which shall not be unreasonably conditioned, withheld, or delayed. Grantee agrees that no additional structures other than those approved in the plans, will be installed on the Easement Area.
25. Grantee agrees not to store flammable materials nor store any vehicle on the Easement Area.
26. Grantee agrees that d uring any period of construction activity, it will periodically water down the construction area within the E asement Area, so as to prevent dust contamination of Grantor's facilities.
27. This Grant of Easement shall not become effective unless and until it is approved by the California Public Utilities Commission (CPUC) pursuant to and in accordance with Public Util ities Code Section 851. Grantor may terminate this Easement to the extent the CPUC either withholds its consent or imposes conditions on the approval that are objectionable to Grantor.
IN WITNESS WHEREOF, said Southern California Edison Company has caus ed this instrument to be executed this _______ day of _____________________ , 20____.
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By: __________________________________
Monica Contreras
Real Estates & Facilities Advisor
Land Management – Eastern Region
Vegetation & Land Management
8 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No.: 73503A
V&LM File No.: GRT204135171
Affects SCE Document(s): 319065 and 342571
5 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfu lness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on t he
basis of satisfactory evidence to be the person(s) whose name (s) i s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on th e instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
9 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No.: 73503A
V&LM File No.: GRT204135171
Affects SCE Document(s): 319065 and 342571
6 GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to co mply with and perform each and all of said terms, covenants and conditions.
DATED as of this _______ day of _____________________ , 20____.
CITY OF FONTANA,
a California municipal corporation
By:
Name:
Title:
Attest:
Name:
Title:
10 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No.: 73503A
V&LM File No.: GRT204135171
Affects SCE Document(s): 319065 and 342571
7 A Notary Public or other officer co mpleting this certificate v erifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the pe rson(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
11 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No.: 73503A
V&LM File No.: GRT204135171
Affects SCE Document(s): 319065 and 342571
8 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on t he
basis of satisfactory evidenc e to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on th e instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
12 EXHIBIT “A”
LEGAL DESCRIPTION
SERIAL NO. 73503A
1107-262-09 AND 1107-261-25
EASEMENT FOR ROAD AND UTILITY PURPOSES
W.O. 802226434 – NOT. 204135171
Sheet 8 of 11
City Index no. 6268
THAT PORTION OF LAND IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, LYING WITHIN A PORTION OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED
STATES GOVERNMENT TOWNSHIP PLAT THEREOF, SAID PORTION DESCRIBED AS FOLLOWS:
PARCEL 1 SCE DOC. NO. 319065
BEGINNING AT THE SOUTHWESTERLY CORNER OF RIGHT OF WAY - LYTLE CREEK ROAD RECORDED AS DOCUMENT NO. 2021-0555720 IN OFFICIAL RECORDS OF SAID COUNTY ON DECEMBER 13, 2021 AND A POINT ON THE SOUTHERLY LINE OF THE NORTH
HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24;
THENCE NORTH 89°20'13" EAST, 58.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 516.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 32°37'48" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, 198.78 FEET, THROUGH A CENTRAL ANGLE OF 22°04'18" TO A POINT OF CUSP AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 867.10 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 63°28'37" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE, 159.93 FEET, THROUGH A CENTRAL ANGLE OF 10°34'04" TO THE POINT OF BEGINNING.
CONTAINING 3,090 SQUARE FEET, MORE OR LESS.
PARCEL 2 SCE DOC. NO. 342571
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THAT CERTAIN 330’ WIDE EASEMENT RECORDED AS DOCUMENT 9558 PAGE 116 IN OFFICIAL RECORDS OF SAID COUNTY ON NOVEMBER 10, 1978 AND EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24;
THENCE NORTH 00°55'45" WEST, 251.26 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 584.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 71°16'55" WEST;
THENCE SOUTHERLY ALONG SAID CURVE, 200.26 FEET, THROUGH A CENTRAL ANGLE OF 19°38'50";
13 SERIAL NO. 73503A
W.O. 802226434 – NOT. 204135171
Sheet 9 of 11
City Index no. 6268
THENCE SOUTH 00°14'09" WEST, 66.29 FEET;
THENCE NORTH 71°14'04" EAST, 37.13 FEET TO THE POINT OF BEGINNING.
CONTAINING 6574 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
KURT R. TROXELL, P.L.S. 7854
DATE PREPARED: 4/17/2024
14 15
16