Fontana City Council
November 12, 2024

Tuesday, November 12, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1959 Reso. No. 2024-121
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 November 12, 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.

WORKSHOP:

A. 12:00 P.M. City Council Workshop
A. 1. City Council and Planning Joint Workshop
Foothill & Sierra Corridor, (Deputy City Manager, Phillip Burum to present).

2. Fontana Master Storm Drain Plan (Senior Project
Manager, Rob Kilpatrick, with David Evans and Associates to present).

3. Fontana Sewer Master Plan Update (Senior Engineer,
Kris Danielson with Albert A. Webb Associates to present). 21-3440
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.

2 City Council Meeting Regular Agenda November 12, 2024 A. Public Communications - Closed Session
CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: PERKINS, et al. v. CITY OF FONTANA; SGT .

KYLE GUTHRIE; ALEX MILLAN
[USDC Case No.: 5:23-cv-01272-SSS-SK]

2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957.6 City Negotiator:

Matthew Ballantyne, City Manager and Rakesha Voss,
Director of Human Resources and Risk Management .

Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining
Unit; Police Management Association; Police Benefits
Association; Police Officers Association and
Management/Confidential Employees.
21-3425
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor Warren and City Council to recognize, United States Olympian, Kyree King ( Coach John Bolton to
accept).

2. Mayor Warren and City Council to swear in new Fontana Fire Fighters.

3. Chaffey College Presentation- New Fontana Campus
Update ( Associate Superintendent of Administrative
Services and Emergency Operations, Troy Ament to
present).
21-3411
PUBLIC COMMUNICATIONS:

3 City Council Meeting Regular Agenda November 12, 2024 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 21-3409
Approve the minutes of the October 22, 2024, Regular City Council Meeting.

City Council Meeting Minutes 10-22-2024.pdfAttachments:

B. Adoption of Ordinance No. 1958 (Second Reading) ,
Authorizing the Levy of Special Taxes within Community
Facilities District No. 116M
21-3410
Second Reading/Adopt Ordinance No. 1958 Authorizing the Levy of Special Taxes within Community Facilities District No. 116M
Ord 1958.docxAttachments:

C. Approve a License Agreement with Southern California Edison (SCE) Company for I-15 Logistics (Caprock)
21-3104
Approve and authorize the City Manager to execute the License Agreement with Southern California Edison (SCE) Company for I-15 Logistics (Caprock).

DRAFT_9.8611_CITY OF FONTANA - Exhibit.pdf
SCE_Fontana Final 11042024.pdf
Attachments:

D. Adopt a Resolution Summarily Vacating Portions of Lytle Creek Road within the Ventana Specific Plan
21-3301
Adopt Resolution No. 2024-121, summarily vacating a portion of Lytle Creek Road within the City, south of Duncan Canyon Road, pursuant to Streets and Highways Code section 8830, Et. Seq.

Resolution for Summary Vacation - FINAL 10.15.24.doc
Exhibit A & Exhibit B - FINAL 10.15.24.pdf
Attachments:

4 City Council Meeting Regular Agenda November 12, 2024 E. Acceptance of Final Map for Tract No. 20580 and Authorize the City Manager to Execute a Private Street Maintenance Covenant and Agreement with RC Homes (Glen at Fontana
Borrower, LLC) for a portion of Cascade Drive within Tract No. 20580, Master Case No. 22-128, and Design Review No . 22-059
21-3333

1. Approve the Final Map for Tract No. 20580, located between Catawba Avenue and Salt Point Way, along Cascade Drive; and accept dedicated right-of-way and easements; and

2. Authorize the City Manager to enter into a Subdvision Improvement Agreement with the subdivider; and

3. Approve and authorize the City Manager to execute a Private Street Maintenance Covenant and Agremeent with RC Homes (Glen at Fontana Borrower, LLC) for a portion of Cascade Drive within Tract No. 20580, as required by Condition No. 27 of the previously adopted Conditions of Approval for Master Case No. 22-128, Tentative Tract Map 20580 (TTM22-000008), and Design Review No. 22-059.

1. TM 20580 - VICINITY MAP.pdf

2. TM 20580 - SUBDIVISION IMPROVEMENT
AGREEMENT WITH BONDS.pdf

3. TM 20580 - FINAL MAP.pdf

4. TM 20580 - ORIGINAL PC RESOLUTION 2023-030
WITH CONDITIONS.pdf
2024.11.12 File 21-3333 Private Street Maintenance
Covenant and Agreement.pdf
Attachments:

F. Approve and Authorize the City Manager to Execute Lytle Creek Road Exchange Agreement within the Ventana
Specific Plan with the Developer (HDO4 LLC)
21-3384
Approve and authorize the City Manager to execute Lytle Creek Road Exchange Agreement and all other necessary documents within the Ventana Specific Plan with HDO4 LLC.

Lytle Creek Road Exchange Agreement with Exhibits - Final

10.6.24.pdf
Attachments:

G. Accept Donation from Kaiser Permanente (Fresh, Fit & Fun Fair)
21-3397
Accept donation from Kaiser Permanente in the amount of $2,500 for use towards 2024 Fresh, Fit, & Fun Fair.
101724 Kaiser Permanente (Fresh, Fit & Fun Fair).pdfAttachments:

5 City Council Meeting Regular Agenda November 12, 2024 H. Acceptance of Final Parcel Map No. 20456 for the
Development of a Warehouse Facility at the Northwest
Corner of Cypress Avenue and Slover Avenue and the
Abandonment of a Certain Portion of Right-of-Way of Boyle Avenue
21-3399

1. Approve Final Parcel Map No. 20456, located on the north side of Slover Avenue between Oleander Avenue and Cypress Avenue.

2. Accept dedication of public streets and easements.

3. Authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right-of-way of Boyle Avenue.

PM 20456.pdf
PM 20456 VICINITY MAP.pdf
PM 20456 LAND IMPROVEMENT AGREEEMENT AND
BOND.pdf
Attachments:

I. Declaring Surplus Land- Property located 8572 Sierra Ave. 21-3408

1. Approve Resolution No. 2024-122, declaring that the City-owned property on (Assessor’s Parcel Number) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.

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

SLA Resolution 8572 Sierra.docx
0191-274-33 HCD
SLA_TA_NoticeAvailability_CoverLetter.docx
Attachments:

J. Amendment of the Conflict-of-Interest Code for the City of Fontana, Pursuant to the Political Reform Act of 1974
21-3412
Adopt Resolution No. 2024-123, of the City Council of the City of Fontana, California, adopting and approving the amended Conflict-of-Interest Code for the City of Fontana, Pursuant to the Political Reform Act of 1974.

Reso 2024- Conflict of Interest Code.doc
Fontana Amended Conflict of Interest Code 2024 REDLINE
11-12-2024.docx
Fontana Amended Conflict of Interest Code 2024
FINAL_11-12-2024.docx
2024 Local Agency Notice_Fontana.pdf
Fontana Notice of Intention 2024-c1-c1.doc
Attachments:

6 City Council Meeting Regular Agenda November 12, 2024 K. Storm Drain Development Impact Fee Credit Agreement
related to Ventana Specific Plan with HDO4, LLC
21-3421
Approve Storm Drain Development Impact Fee Credit Agreement related to Ventana Specific Plan with HDO4, LLC.

Ventana Fee Credit Agreement - Final.pdfAttachments:

L. Approve the Final Change Order with California
Professional Engineering for the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE-22)
21-3424
Authorize the City Manager to approve Change Order No. 4 with California Professional Engineering in the amount of $11,601.30 for the construction of the Citrus Avenue at Chase Road Traffic Signal Project (SB-08-DE-22).

CCO #4 (Quantity Balancing)
Vicinity Map
Attachments:

M. Authorization to Apply for 2024 Older Adults Home
Modification Grant Program
21-3430

1. Authorize the Fontana Housing Department to apply for the 2024 U.S.

Department of Housing and Urban Development Older Adults Home Modification Grant Program (OAHMP).

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely submittal and execution of the Older Adults Home Modification Grant Program (OAHMP).

N. Authorization for Submission of Letter Supporting Bus Stop Enhancements in Key Transit Corridors
21-3431
Staff recommends that the City Council approve the attached letter, authorize its submission, and authorize the Mayor to sign on behalf of the City of Fontana.

Letter to OmniTrans - City of Fontana Bus Stops
Enhancements10-2024.pdf
Attachments:

O. Declaring Surplus Land- Arrow & Spring 21-3435

1. Approve Resolution No. 2024-124 , declaring that the City-owned property on (Assessor’s Parcel Number) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq .; and approving the form of Notice of Availability.

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

7 City Council Meeting Regular Agenda November 12, 2024 SLA Resolution Spring Street parcels.docx
Spring & Arrow APN HCD
SLA_TA_NoticeAvailability_CoverLetter.docx
Attachments:

P. Award bid for 17133 Valley Blvd Improvements - The Path (BID PW-25-45-SB)
21-3436
Award bid and authorize the City Manager to execute a construction contract with Final Touch Construction (DS-25-45-SB) for improvements to 17133 Valley Blvd - The Path, formerly known as the Homelessness Prevention Resources and Care Center (HPRCC) in the amount of $428,470.00 and authorize a 15% contingency in the amount of $64,270.50.

Bid Result List - DS-25-45-SB.pdf
Project Report.pdf
Attachments:

Q. Authorization to Apply for 2024 Housing and Homelessness Incentive Program
21-3439

1. Authorize the Fontana Housing Department to apply for the 2024 San Bernardino County Housing and Homelessness Incentive Program (HHIP).

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely submittal and execution of the San Bernardino County Housing and Homelessness Incentive Program (HHIP).

R. Cost Sharing Agreement with Sunrise Ford for the Digital Reader Board Replacement
21-3379

1. Adopt Resolution No. 2024-125 and approve the cost sharing Sale Agreement with Sunrise Ford, to fund the digital freeway sign upgrade located 16005 Valley Blvd. Fontana, CA 92335.

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

Fontana- Knight Sunrise Ford LED Sign License and
Reimbursement Agreement Resolution-c1.docx
Fontana - Knight Sunrise Ford LED Sign License and
Reimbursement Agreement-c1.docx
Copy of Sale Agreement Fontana.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 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

8 City Council Meeting Regular Agenda November 12, 2024 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. Municipal Code Amendment (MCA) No. 24-006:

Consideration of an Urgency Ordinance Amending Section
30-467 of the Fontana Municipal Code Regarding
Accessory Dwelling Units and Junior Accessory Dwelling
Units to Comply with Recent Changes in State Law; and
Finding the Action to Be Statutorily Exempt from CEQA
Under Section 21080.17 of the Public Resources Code
21-3366
Open the public hearing, receive public testimony, close the public hearing and by motion:

1. Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.

2. Waive full reading and introduce for first reading by title only Ordinance No. 1959 entitled: “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA AMENDING SECTION 30-467 OF THE

CITY OF FONTANA MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
FINDING THE ACTION TO BE statutorily EXEMPT FROM CEQA under Public Resources Code § 21080.17.”
Attachment No. 1 - Urgency Ordinance
Attachment No. 2 - Exhibit A to the Urgency Ordinance
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

9 City Council Meeting Regular Agenda November 12, 2024 ADJOURNMENT:

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

10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3440 Agenda Date: 11/12/2024
Agenda #: A. Category: Consent Calendar
Workshop
Tuesday, November 12, 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
City of Fontana Printed on 11/7/2024Page 1 of 1
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11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3425 Agenda Date: 11/12/2024
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, November 12, 2024
1:00 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
City of Fontana Printed on 11/7/2024Page 1 of 1
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12 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3411 Agenda Date: 11/12/2024
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, November 12, 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 11/7/2024Page 1 of 1
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13 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3409 Agenda Date: 11/12/2024
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the October 22, 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 October 22, 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.

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City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, October 22, 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

15

CLOSED SESSION:

A. 1 P.M. CLOSED SESSION

The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, October 22, 2024.

Mayor Warren called the meeting to order at 1:02 p.m., with all m embers of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: VANESSA HENDERSON V. CITY OF FONTANA, CASE NO. CIVSB2405694

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Initiation of litigation: One Potential Case

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

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 Gr over W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, October 22, 2024.

Mayor Warren called the Regular City Council Meeting to order at 2:08 p.m.

ROLL CALL:

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

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

ABSENT: None

16

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.

CLOSED SESSION ANNOUNCEMENT:

City Attorney Ruben Duran reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action .

PROCLAMATIONS:

A. P roclamations

1. Mayor Warren and the City Council proclaimed October 2024 as National Manufacturing Month, presenting a proclamation to Cynthia Amador of California Manufacturing Technology Consulting.

SPECIAL PRESENTATIONS:

A. Special Presentations

1. Mayor Warren and the City Council recognized Sergeant Tyler Burton, Corporal Katie Beebe, and Officers Samuel Saenz, Christopher Oropesa, Hector Iniguez, Luke Gober, and Derrick Tamanaha as September 2024 Police Department Employees of the Month.

PUBLIC COMMUNICATIONS:

A. Public Communications

The following individuals spoke under public communications:

Frank Atry discussed concerns with the public comment process.

Andrea Boone of the Fontana Police Department discussed concerns with labor negotiations and compensation for public safety personnel compared to other agencies.

Danielle Holley, of the Fontana Chamber of Commerce provided the Chamber Quarterly Update.

17

Michael Gayles commended the Fontana Police Department. Also thanked the Mayor, Council and staff for their service.

Andrew of the Police Benefit Association, discussed concerns with labor negotiations.

CONSENT CALENDAR:

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

A. Approval of Minutes 21-3352
Approve the minutes of the October 8, 2024, Regular City Council Meeting.

B. Final Acceptance of the Jurupa Avenue Landscape Median 21-3310 Project
Accept as complete the work performed by KASA Construction, Inc. for the construction of the Jurupa Avenue Landscape Median Project (#37600020).

C. Acceptance of Final Map for Tract No. 20431 21-3330

1. Approve the Final Map for Tract No. 20431, located on the west side of Cherry Avenue and south of Foothill Boulevard; accept as public dedicated street and easements; and

2. Authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

D. Final Acceptance of Street, Storm Drain, Sewer, Landscape, 21-3332 and Signing & Striping Improvements on the northeast corner of Summit Avenue and Citrus Avenue for Tract No. 18825-1

1. Accept as complete the street, storm drain, sewer, landscape, and signing & striping improvements for Tract No. 18825-1, located on the northeast corner of Summit Avenue and Citrus Avenue.

2. Adopt Resolution No. 2024-115, accepting sewers in Tract No. 18825-1 as part of the City sewer system.

E. Final Acceptance of the Randall Avenue Street Improvement 21-3348 Project, from Catawba Avenue to Citrus Avenue
Accept as complete the work performed by Matich Corporation for the Randall Avenue Street Improvement Project, from Catawba Avenue to Citrus Avenue (#37600048)

18

F. Repayment of loan issued from City of Fontana to Stage Red 21-3349 Enterprise
Approving the MOU for the repayment of a seven hundred fifty thousand dollar ($750,000) inter-city loan from the City of Fontana General Fund to the Stage Red Enterprise Fund.

G. Authorization to Share Data with California Franchise Tax Board 21-3368 Adopt Resolution No. 2024-116 of the City Council of the City of Fontana authorizing the City Manager to execute an agreement between the City of Fontana and the State of California Franchise Tax Board in the Local Government Sharing Program.

H. Accept Donation from San Bernardino County Second District 21-3371 Supervisor, Jesse Armendarez (2024 Veterans Day
Celebration)
Accept donation from San Bernardino County Second District Supervisor, Jesse Armendarez in the amount of $1,000 for use towards the 2024 Veterans Day Celebration.

I. Accept Donation from Fontana Unified School Board Member, 21-3372 Adam Perez (2024 Veterans Day Celebration)
Accept donation from Fontana School Board Member, Adam Perez in the amount of $1,000.00 for use towards the 2024 Veterans Day Celebration.

J. Proposed Business License Penalty Fee Waiver for Crown 21-3380 Cedar Inc.

Consider proposal to waive delinquency fee

K. A Sum in Lieu of Utility Undergrounding Deferral and Lien 21-3382 Agreement and Sum in Lieu of Utility Undergrounding Lien with Aman Brar for Assessor Parcel Number 0236-052-47.

1. Staff recommends that the City Council approve the Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement and Sum in Lieu of Utility Undergrounding Lien with Aman Brar for Assessor Parcel Number 0236- 052-47.

2. Authorize the City Manager, or his designees, to sign and approve the Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement and Sum in Lieu of Utility Undergrounding Lien with Aman Brar for Assessor Parcel Number 0236-052-47.

L. A Sum in Lieu of Utility Undergrounding Deferral and Lien 21-3383 Agreement and Sum in Lieu of Utility Undergrounding Lien with Jadel Enterprises, LLC for Assessor Parcel Number
0236-081-48.
19

1. Staff recommends that the City Council approve the Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement and Sum in Lieu of Utility Undergrounding Lien with Jadel Enterprises, LLC for Assessor Parcel Number 0236-081-48.

2. Authorize the City Manager, or his designees, to sign and approve the Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement and Sum in Lieu of Utility Undergrounding Lien with Jadel Enterprises, LLC for Assessor Parcel Number 0236-081-48.

PUBLIC HEARINGS:

A. Request to Continue the Public Hearing, Election, and 21-3355 Resolutions on Formation of the City of Fontana Community Facilities District No. 115M (Parcel Map No. 19156)
Staff recommends that the City Council open and continue the public hearing on the formation of the City of Fontana Community Facilities District No. 115M, County of San Bernardino, State of California (“CFD No. 115M”), to the December 10, 2024 City Council meeting.

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

B. Public Hearing, Election, and Resolutions on Formation of 21-3356 Community Facilities District No. 116M (Tract Map No. 20511) Immediately after conducting a Public Hearing on the formation of the City of Fontana Community Facilities District No. 116M, County of San Bernardino, State of California (the “Dis trict” or “Community Facilities District No. 116M”)

Mayor Warren asked for any members of the public who wish to file a written protest prior to the opening of the public hearing for the Formation of Community Facilities District No. 116M.

There was no one who wished to file a protest.

Mayor Warren opened the public hearing.

City Clerk Key announced that there were no written correspondences received for this item.

Accountant II Justin Marietta provided the staff report.

With no one interested to speak in favor or opposition of this item Mayor Warren closed the Public Hearing.
20

ACTION: Motion was made by Mayor Pro Tem Garcia , seconded by Council Member Cothran and passed by a vote of 5-0 to adopt the following:

1. Adopt Resolution No. 2024-117, Establishing the City of Fontana Community Facilities District No.116M and the Boundaries thereof (the “Resolution of Formation”).

2. Adopt Resolution No. 2024-118, Calling a Special Election and Submitting to the Voters of Community Facilities District No. 116M a Proposition Regarding the Annual Levy of Special Taxes within Community Facilities District No. 116M to Pay the Costs of Certain Services to be Provided by Community Facilities District No. 116M and a Proposition Establishing an Appropriations Limit for Community Facilities District No. 116M (the “Resolution Calling the Election”).

3. Conduct the Special Election.

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

Following the motion, Mayor Warren asked City Clerk Key to open the ballots and announce the results of the election.

City Clerk Key announced that the City received one ballot in favor of Proposition A and Proposition B.

ACTION: Motion was made by Cou ncil Member Roberts , seconded by Council Member Sandoval to move the following by a vote of 5-0 as follows:

4. Adopt Resolution No. 2024-119, Declaring the Results of the Special Election for Community Facilities District No. 116M on the Propositions with Respect to (i) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be provided by Community Facilities District No. 116M and (ii) the Establishment of an Appropriations Limit (the “Resolution Declaring Election Results”).

5. Conduct First Reading (Read title only, and waive further reading) of Ordinance No. 1958, Authorizing the Levy of a Special Tax within Community Facilities District No. 116M (the “Ordinance”).

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

21

NEW BUSINESS:

A. New Business
A. Fiscal Year 2024-25 First Quarter Budget Status Report 21-3344 Approve the recommended Fiscal Year 2024-25 First Quarter Budget adjustments.

Chief Financial Officer Jessica Brown provided the staff report.

ACTION: Motion was made by Council Member Sandoval , seconded by Mayor Pro Tem Garcia 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 and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

B. Issuance of Special Tax Bonds for CFD #112 (The Gardens 21-3358 Phase One)
Adopt Resolution No. 2024-120, of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 112 (The Gardens Phase One) Special Tax Bonds, Series 2024, in an aggregate principal amount of not to exceed $32,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions.

Accountant II Justin Marietta 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 “ B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Matt Ballantyne did not have any comments.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

City Clerk Key did not have any comments.

City Treasurer Koehler-Brooks did not have any comments. 22

Council Member Roberts congratulated members of the Police Gang Unit who were recognized at today’s meeting.

Council Member Cothran congratulated all local, county, state and federal candidates running in the November 5, 2024, election.

Mayor Pro Tem Garcia provided an update on the recent ribbon cutting ceremonies for the Forge District downtown parking structure and the new fencing at Miller Park.

Mayor Warren expressed her gratitude to the students at Tokay Elementary School for participating in a recent meet-and-greet event. She also shared highlights from the 2024 AARP Livable Communities Conf erence, where she spoke on behalf of Fontana, one of only three U.S. cities selected to participate. Additionally, Mayor Warren extended her thanks to community members, city staff, and vendors who contributed to the Fresh, Fit, and Fun event, as well as t o Kevin Moore from the West Valley Water District for attending today's meeting.

She concluded by announcing that today’s meeting would be adjourned in memory of Noelle Wiggins from Loveland Church and Narciso Idilio Sanchez, father of Planning Commissioner Idilio Sanchez.

ADJOURNMENT:

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

1.Noelle Wiggins

2.Narciso Idilio Sanchez

Mayor Warren adjourned the meeting at 3:06 p.m. to the Regular City Council Meeting on Tuesday, November 12, 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

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON NOVEMBER 12, 2024.

_______________________
Germaine Key
City Clerk
23 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3410 Agenda Date: 11/12/2024
Agenda #: B. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Adoption of Ordinance No. 1958 (Second Reading), Authorizing the Levy of Special Taxes within Community Facilities District No. 116M..End
RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1958 Authorizing the Levy of Special Taxes within Community Facilities District No. 116M
COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

Ordinance No. 1958 was introduced by a vote of 5-0 at the October 22, 2024, Regular City Council Meeting.

FISCAL IMPACT:

This action will establish the District, which will levy each property within its boundaries using special tax formulas outlined in the Rate and Method of Apportionment of Special Tax. The District’s Fiscal Year 2025-26 maximum special tax has been established at $737 per unit for taxable residential property and $8,217 per acre of taxable non-residential property, in the event non-residential property is subsequently developed. The maximum special tax is subject to a 2% increase per year, effective July 1, 2026. All costs for establishing the District have been paid by the Developer with ongoing yearly maintenance services costs paid by the property owners subject to the special tax.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 11/7/2024Page 1 of 1
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24 1 of 2

ORDINANCE NO. 1958

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

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 116M, COUNTY OF

SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING THE LEVY

OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT

WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”), California has, among other things, initiated proceedings, held a public hearing, conducted an election , and received a favorable vote from the qualified electors authorizing the levy of special taxes in the City of Fontana Community Facilities District No. 116M, County of San Bernardino, State of California (the “District”), all as authorized pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”).

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

Section 1. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant t o that certain Rate and Method of Apportionment as set forth in Appendix “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).

Section 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year and all future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.

Section 3. The special taxes herein authorized to be levied , to the extent possible, shall be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties and the same procedure, sale, and lien priority in any case of delinquency as applicable for ad valorem property taxes; provided, however, the District may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations.

Section 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes.

The lien of the special tax shall continue in force and effect until the special tax obligation is canceled in accordance with law or until the special tax ceases to be levied by the City Council.

25 Ordinance No.1958

2 of 2
Section 5. This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance , or a summary of it, to be published in a newspaper of general circulation in the City.

APPROVED AND ADOPTED 12th day of November, 2024

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 Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 22nd day of October, 2024, and was finally passed and adopted on the 12th day of November, 2024 to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
City Clerk of the City of Fontana

________________________________
Mayor of the City of Fontana

ATTEST:

________________________________
City Clerk

26 A-1

APPENDIX A

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 116M OF THE

CITY OF FONTANA, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA

A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Fontana Community Facilities District No. 116M ("CFD No. 116M") and collected each Fiscal Year, commencing in Fiscal Year 2025 -2026, in an amount determined by the City Council of the City of Fontana, through the application of the Rate and Method of A pportionment as described below. All of the real property in CFD No. 116M, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

"Acre” or “Acreage" means the land area expressed in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the CFD Administrator using the boundaries set forth on such map or plan.

"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CF D No. 116M, including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 116M or any designee thereof of complying with City or CFD No. 116M disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 116M or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 116M for any other administrative purposes of CFD No. 116M, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

27 A-2

"Assessor’s Parcel" means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

"Assessor’s Parcel Map" means an official map of the County Assessor of the County of San Bernardino designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County of San Bernardino for purposes of identification.

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

“CFD No. 116M” means the City of Fontana Community Facilities District No. 116M.

"City" means the City of Fontana, California.

"Council" means the City Council of the City of Fontana, acting as the legislative body of CFD No. 116M.

"County" means the County of San Bernardino.

"Developed Property" means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property for which (i) a Final Residential Subdivision has been recorded with the County as of January 1 of the previous Fiscal Year or (ii) a building permit for new construction has been issued on or before January 1 of the previous Fiscal Year for a non-residential use.

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

"Final Subdivision" means (i) a subdivision of property by recordation of a final map, parcel map, or lot li ne adjustment approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq. ) that creates individual lots or parcels for which building permits may be issued, or (ii) for condominiums, a final map approved by th e City and a condominium plan recorded pursuant to California Civil Code Section 4285 that creates an individual lot(s) for which a building permit(s) may be issued without further subdivision. The term "Final Subdivision" shall not include any Assessor’s Parcel Map or subdivision map or portion thereof that does not create individual lots for which a building permit may be issued, including Assessor’s Parcels that are designated as remainder parcels. Notwithstanding the above, a condominium plan for which one or more building permits have been issued, but no individual lots have been created for such building permits, shall be considered a Final Subdivision, and 28 A-3

the portion of the condominium plan for which building permits have been issued shall be defined as Developed Property.

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

30. "Land Use Class" means any of the classes listed in Table 1 below.

"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C hereof, that can be levied by CFD No. 116M in any Fiscal Year on any Assessor’s Parcel.

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

"Property Owner Association Property" means, for each Fisc al Year, any Assessor’s Parcel within the boundaries of CFD No. 116M that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year.

“Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property.

"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 116M that is (i) owned by, irrevocably offered or dedicated to the federal government, the State, the County, the City, or any local government or other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by a public utility easement making impractical its use for any purpose other than that set forth in the easement. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred.

“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Taxes for CFD No. 116M.

"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property, to fund the Special Tax Requirement.

"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 116M to pay for: (1) maintenanc e services authorized to be financed by 29 A-4

CFD No. 116M, (2) Administrative Expenses, (3) anticipated delinquent special taxes (such delinquent special taxes shall be estimated based on the delinquency rate in CFD No. 116M for the previous Fiscal Year), and (4) less a credit for funds available to reduce the annual Special Tax levy, if any, as determined by the CFD Administrator.

"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 116M which are not exempt from the Special Tax pursuant to law or Section E below.

“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property which are not categorized as Developed Property.

"Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessment roll finalized as of the last preceding January 1.

B. ASSIGNMENT TO LAND USE CATEGORIES

For each Fiscal Year, commencing with Fiscal Year 2025 -2026, all Taxable Property within CFD No. 116M shall be categorized as either Developed Property or Undeveloped Property, and shall be subject to the Special Tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

The Fiscal Year 2025 -2026 Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be equal to the amount shown in the table below:

TABLE 1
Fiscal Year 2025-2026
Maximum Special Tax for Developed Property
Land Use Class FY 2025-2026 Maximum Special Tax
Final Residential Subdivision $737 per lot
Non-Residential Property $8,217 per Acre

30 A-5

On each July 1, commencing July 1, 2026, the Maximum Special Tax for Developed Property shall increase by two percent (2%) per Fiscal Year.

2. Undeveloped Property

The Maximum Special Tax for each Assessor’s Parcel classified as Undeveloped Property shall be equal to $0 per Acre.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2025 -2026 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and the City shall provide for the levy of the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:

The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the Maximum Special Tax for such Assessor’s Parcel.

E. EXEMPTIONS

No Special Tax shall be levied on (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical t heir utilization for other than the purposes set forth in the easement, (iv) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v) or any Assessor’s Parcel that has a Welfare Exemption. Should an Assessor’s Parcel, however, no longer be classified as items (i) -(v) above, including Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax -exempt status will, without the necessity of any action by the Council, terminate.

The exempt status of any property will be determined by the CFD Administrator and such determination shall be final.

F. MANNER OF COLLECTION

The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem property taxes; provided, however, that CFD No. 116M may directly bill the Special Tax, and/or m ay collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 116M.

31 A-6

G. TERM OF SPECIAL TAX

The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, unless no longer required to pay for the authorized services as determined at the discretion of the Council.

H. APPEALS

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

The CFD Administrator shall interpre t this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals.

Any decision of the CFD Administrator shall be subject to appeal to the Council whose decision shall be final and binding as to all persons.

I. PREPAYMENT

No prepayments of the Special Tax are permitted.

32 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3104 Agenda Date: 11/12/2024
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a License Agreement with Southern California Edison (SCE) Company for I-15 Logistics (Caprock)
RECOMMENDATION:

Approve and authorize the City Manager to execute the License Agreement with Southern California Edison (SCE) Company for I-15 Logistics (Caprock).

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.

DISCUSSION:

On June 2, 2020, the City of Fontana Planning Commission approved MCN No. 15-078 and Design Review No. 16-003 to consolidate twelve parcels into two parcels and a remainder parcel, totaling approximately 83 acres for the development of a new commerce building totaling approximately 1,171,788 square feet. To adhere to the conditions of approval, the developer is constructing intersection improvements at Sierra Avenue and Coyote Canyon Road.

As part of the construction intersection improvements, the developer must acquire an easement from SCE and obtain California Public Utilities Commission (CPUC) approval for said improvements. As a result, the duration to acquire said easement/approval may take up to a year. The developer is requesting that the City enter into a temporary 5-year License Agreement with SCE for an interim road improvement solution. The interim road improvements would facilitate a safe right-turning movement from Coyote Canyon Road to Sierra Avenue while the ultimate improvements are being constructed. The developer will pay the cost specified in the License Agreement (SCE Doc. 306332 Att., Contract No. 9.8611) on behalf of the City.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Printed on 11/7/2024Page 1 of 1
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33 DRAFT
34 SCE Doc. 306332 Att. Contract No. 9.8611

Initial (_______)/(_____/______)
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Rev9 2023-03-08 JR-JC

CITY OF FONTANA

L I C E N S E A G R E E M E N T

I N D E X O F A R T I C L E S

1. USE

2. TERM

3. CONSIDERATION

4. INSURANCE

5. LICENSOR’S USE OF THE PROPERTY

6. LICENSEE’S IMPROVEMENTS

7. LICENSEE'S PERSONAL PROPERTY

8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES

9. ACCESS AND CLEARANCES

10. PARKING

11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)

12. FLAMMABLES, WASTE AND NUISANCES

13. PESTICIDES AND HERBICIDES

14. HAZARDOUS MATERIALS AND WASTE

15. SIGNS

16. FENCING AND EXISTING FIXTURES

17. PARKWAYS AND LANDSCAPING

18. IRRIGATION EQUIPMENT

19. UNDERGROUND TANKS

20. UNDERGROUND FACILITIES

21. UTILITIES

22. TAXES, ASSESSMENTS AND LIENS

23. EXPENSE

24. ASSIGNMENTS

25. COMPLIANCE WITH LAWS AND REGULATIONS

26. GOVERNING LAW

27. INDEMNIFICATION; ASSUMPTION OF RISK; RELEASE

28. TERMINATION

29. EVENTS OF DEFAULT

30. REMEDIES

31. LICENSEE’S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION

32. LIMITATION OF LIABILITY

33. NON-POSSESSORY INTEREST

34. WAIVER

35. AUTHORITY

36. ELECTRIC AND MAGNETIC FIELDS
35 SCE Doc. 306332 Att. Contract No. 9.8611

Initial (_______)/(_____/______)
Licensor/Licensee
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Rev9 2023-03-08 JR-JC

37. INDUCED VOLTAGES

38. NOTICES

39. RECORDING

40. COMPLETE AGREEMENT

41. SIGNATURE AUTHORITY

42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS

ADDENDUM(S)

36 SCE Doc. 306332 Att. Contract No. 9.8611

Initial (_______)/(_____/______)
Licensor/Licensee
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Rev9 2023-03-08 JR-JC

LICENSE AGREEMENT

THIS LICENSE AGREEMENT (this “Agreement”) is entered into between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and CITY OF FONTANA, a California municipal corporation, called "Licensee";

WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee, its designees and invitees (together identified hereinafter as “Licensee Parties”) the license for the purpose of constructing and maintaining an underground conduit and cable, a traffic signal and a temporary public road for the benefit of public use, including but not limited to facilitating the construction and development o f nearby properties , and storage of personal property during the construction of the conduit and road , on and within a portion of Assessor’s Parcel Number 0239-092- 08, situated in the City of Fontana, County of San Bernardino, State of California more fully described and depicted in Exhibit A attached hereto and made a part hereof (“Property”) , upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.

Acknowledgment of License and Disclaimer of Tenancy

Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in this Agreement (the “License Privilege”). Licensee further acknowledges and agrees that:

● The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels.

● Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.

● The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property.

● Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement.

● In consideration of Licensor’s grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License.

● Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement. 37 SCE Doc. 306332 Att. Contract No. 9.8611

Initial (_______)/(_____/______)
Licensor/Licensee
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Rev9 2023-03-08 JR-JC

1. Licensee’s Use of the Property: Licensee will cause the construction and maintenance of an underground conduit and cable, and traffic signal for a temporary public road for the benefit of public use. Licensee and Licensee’s Parties will store their personal property at the Property during construction. Licensee will utilize the Property for temporary public road purposes. Licensor makes no representation, covenant, warranty or promise that the Property , and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee’s use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30.

2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of , 2024 and ending on the last day of 2029. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason.

3. Consideration: Licensee will pay to Licensor the sum of Six Thousand Two Hundred Seventy Five and 63/100 Dollars ($6,275.63) upon the execution and delivery of this Agreement for the full term of this Agreement. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor.

In addition, Licensee shall pay to Licensor a nonrefundable administrative fee in the amount of Seven Hundred Fifty Dollars ($750), which is intended to defray some preparation costs and other expenses incurred by Licensor arising out of the development and implementation of this Agreement. Such payment shall be made with the initial license fee payment and is not refundable under any circumstances.

All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent (10%) of the full amount that was due on said date. To the extent a payment is not made within sixty (60) days, Licensor may increase the late fee to twenty percent (20%) of the full amount due.

Licensor shall further be entitled to any other costs associated with collection of the unpaid amounts.

Payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department – Accounts Receivable.

4. Insurance: During the term of this Agreement, Licensee shall maintain, or cause to be maintained, the following insurance:
(a) Workers’ Compensation with statutory limits, under the laws of the State of California and Employer’s Liability with limits of not less than $ 1,000,000.00 each accident, disease/each employee, and d isease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance , including contractual liability and products liability, with limits not less than $1,000,000.00 per occurrence and $1,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees 38 SCE Doc. 306332 Att. Contract No. 9.8611

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as additional insureds, but only for Licensee’s negligent acts or omissi ons; (ii) contain separation of insureds or cross-liability clause, and (i ii) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the negligent acts of the Licensor. (c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non -owned and hired vehicles on the Property.
(d) Self - Insurance: Licensee may self-insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self -insurance is maintained under a self-insurance program reasonably satisfactory to Licensor. Licensee may submit written verification of self-insurance to meet the above insurance requirements.

The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and groun ds for immediate termination purs uant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 “Notices”, at least ten days prior to the effective date of this Agreement, and thereafter at lea st ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days’ notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non -payment of a premium, Licensee must provide to Licensor at least ten (10) days’ prior written notice before the effective date of cancellation.

5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times and for any purpose, and the right to conduct any activity on the Property ; provided, however, that Licensor shall endeavor to minimize its imp acts to Licensee Parties’ use of the Property while on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops loc ated on the Property , nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor’s activities under this Article.

6. Licensee's Improvements: Licensor has approved Licensee’s improvement plans, which were developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that , should Licensee make any changes to the approved plans, Licensor may modify or add to the conditions contained in the Appendix hereto, based on determinants including but not limited to individual site characteristics, Licensor’s existing or potential operating needs or Licensee’s proposed use(s) after consultation with Licensee. Licensee must submit, for Licensor's prior written approval which shall not be unreasonably withheld, plans for any modifications to such improvements.

To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor’s use of the Property.

Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements , other legal requirements, or the generally accepted standard of care.

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Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Property and/or any fixtures thereon.

7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee’s personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be r evoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.

Licensee shall be responsible for any damage to the Property and/or Licensor’s personal property arising out of Licen see’s activities on the Property, including its use and/or removal of Licen see’s personal property. Licensee further ackn owledges and agrees that L icensor is not responsible for Licensee’s personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee’s personal property at any time.

(ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non -party to this Agreement ; provided, however, th at Licensee may permit Licensee’s Parties to store their personal property on the Property during the construction on the temporary road .

Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- Licensee’s Parties personal property.

8. Height Limitations and Vertical Clearances : Any equipment used by Licensee or Licensee’s Parties, on the Property, will be used and operated so as to maintain minimum clearance s from all overhead electrical conductors as designated in the table below:

Vehicle/ Equipment Vertical Clearance
500 kV 35 feet
220 kV – 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet

All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove or relocate at Licensee’s expense, any tree and/or other planting.

9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and a t no time will there be any interference with the free movement of Licensor's equipment , personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curv ature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:
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a. A 50-foot-radius around suspension tower legs , H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.

NOTE: Additional clearance may be required by Licensor for structures.

10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor. Notwithstanding the foregoing, (a) Licensee and Licensee’s Parties are permitted to park and store their motor vehicles in accordance with plans approved by Licensor during the construction and active repair and maintenance of the temporary road and (b) Licensee Parties are permitted to park malfunctioning motor vehicles that have become disabled temporarily (less than 24 hours) on the Property.

11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.

12. Flammables, Waste and Nuisances : Unless permitted by Licensor in writing, Licensee will not, or allow others, to place , use, or store any flammable or combustible materials or waste materials on the Property or commit any waste to the Property. Licensee will be liable for any damage, nuisance or disturbance caused by the construction of Licensee’s improvements as it relates to the provisions of this section. Licensee will not permit dogs on the Property.

13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard , and all materials contaminated by such sub stances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law.

14. Hazardous Material and Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to the use, management, storage, or disposal of waste, including, but not limited to hazardous, toxic or infectious materials. Unless permitted by Licensor in writing, Licensee will not, or allow others to, place, use, or store any hazardous, toxic or infectious materials and/or waste on the Property. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, an d are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.

15. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within five (5) days from the date on which the Licensee learns of graffiti on such approved signs shall remove, or shall cause to be removed, any signs containing graffiti or shall otherwise remove, or cause to be removed, such graffiti from the signs. Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee’s use of the Property, (ii) offensive to the public , or (iii) which Licensor, in its reasonable discretion, deems objectionable.

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16. Fencing and Existing Fixtures : Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor . Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.

17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.

18. Irrigation Equipment : Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.

19. Underground and Above-Ground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval in accordance with Article 6.

20. Underground Facilities : Any underground faciliti es must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle.

Licensee will compact any earth excavated to a compaction of ninety percent (90%).

21. Utilities: If applicable, Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.

22. Taxes, Assessments and Liens: If applicable, Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above -mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law.

23. Expense: Licen see Parties will perform and pay all obligations of Licensee under this Agreement. All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee Parties, without obligation by Licensor to make payment o r incur cost or expense for any such matters or things.

24. Assignments: The Parties will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party.
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25. Compliance with Laws and Regulations: In the matter of Licensee’s use of the Property, Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall also comply with the requirements of every addendum attached hereto. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision.

26. Governing Law : The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California.

27. Indemnification; Assumption of Risk; Release: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whats oever, by reason of this Agreement or the use of the Property by Licensee or any person claiming under Licensee (collectively, “Claims”); provided, however, that Licensee’s obligation to hold harmless, defend and indemnify the indemnified parties shall not extend to Claims arising from Licensor’s gross negligence or willful misconduct . Licensee agrees to assume all risk of loss by fire, flood, earthquake, theft, accident, or casualty of any kind, which may affect the Property, any improvements constructed o r installed thereon by Licensee, Licensee’s use of the Property, or exercise of the rights granted herein. Licensee releases and waives all claims against Licensor and each of the indemnified parties for loss or damage caused by, arising out of, or in any way connected with Licensor’s or Licensee’s use of the Property or the exercise of the rights granted herein , except for those claims arising from of the indemnified parties’ gross negligence or willful misconduct .

28. Termination: Licensor may terminate this Agreement (a) at any time, and for any reason upon nine (9) months’ notice in writing to Licensee or (b) pursuant to Article 30, upon a material default.

Termination does not release Licensee from any liability or obligation (indemnity or ot herwise) which Licensee may have incurred prior to such termination. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as wel l as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee’s failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non -payment of the License fee, Licensor shall refund any previously collected/pre -paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement.

29. Events of Default : In addition to material defaults otherwise described herein, The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee:

(a) Any failure by Licensee to pay the consideration due under Article 3.

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(b) The abandonment or vacating of the Property by Licensee.

(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24.

(d) The failure to cure any violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency applicable to Licensee’s activities under this Agreement within thirty (30) days of learning of such violation.

(e) Any attempt to exclude Licensor from the Property.

(f) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's privileges hereunder where possession is not restore d to Licensee within sixty (60) days; the attachment, execution or other judicial seizure of substantially all of Licensee's privileges hereunder, where such seizure is not discharged within sixty (60) days.

(g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f" of this Article which has not been stayed or dismissed within ninety (90) days after the commencement thereof.

(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property.

(i) With respect to items not otherwise listed in Article 29.a -h, the failure by Licensee to observe and perform any other provision of this Agreement to be ob served or performed by Licensee, provided that Licensor shall first provide written notice of such fa ilure and Licensee shall be considered in material default where such failure continues for a total of thirty-one (31) or more consecutive days from the date of the notice. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement.

30. Remedies: In the event of any material default by Licensee, in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee.

31. Licensee’s Personal Property Upon Termination or Expiration : In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee’s sole cost and expense , no less than forty-five (45) days from the earlier of t he effective termination date or expiration date, remove the road and all improvements installed by Licensee, as well as all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to as close to the condition it was in at the inception of the Licensee’s use of the Property, in a manner satisfactory to Licensor.

If Licensee fails o r refuses to remove any of Licen see’s personal property, building(s), fixture(s) or structure(s) from the Property no less than forty-five (45) days from the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, 44 SCE Doc. 306332 Att. Contract No. 9.8611

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destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee’s personal property.

Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee’s personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris left on the Property by Licensee, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee Parties’ use of the Property, and (iv) the restoration of the Property to the condition it was in at the inception of Licensee’s use of the Property. Licensee agrees to pay such expenses to Licensor upon demand.

32. Limitation of Liability for Damage to Licensees Personal Property, Buildings, Structures and Fixtures:

IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,

WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR’S LIABILITY PURSUANT TO THIS A GREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR’S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE’S PERSONAL PROPERTY,

BUILDING(S), STRUCTURE(S) OR FIXTURE(S), THE TOTAL LIABILITY OF LICENSOR SHALL NOT

EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.

FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE’S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,

LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,

LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 32 SHALL EXPR ESSLY SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property .

34. Waiver: The parties shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver of any provision of this Agreement must be in a writing signed by the waiving party. No waiver of any provision shall be deemed a w aiver of any other provision or of any subsequent breach of the same or any other provision. A party’s consent to or approval of any act shall not be deemed to render unnecessary the obtaining of consent to or approval of any subsequent act. Licensor’s acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor’s termination of the Agreement.

35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69 -C, this Licens e is made conditional upon the right of the Licensor either on order of the Pub lic Utilities Commission or on Grantor’s own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor’s service to its patrons or consumers, it shall appear necessary or desirable to do so. 45 SCE Doc. 306332 Att. Contract No. 9.8611

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Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor’s rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities.

36. Electric and Magnetic Fields (“EMF”) : There are numerous sources of power frequency electric and magnetic field (“EMF”), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns.

While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.

Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share wi th Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property.

37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the “Structures”) in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as “Induced Voltages”) unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (in cluding, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regardi ng the Structures and to implement such mitigation measures at its sole cost and expense.

Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor’s own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures. 46 SCE Doc. 306332 Att. Contract No. 9.8611

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38. Notices: All notices required to be given by either party shall be made in writing and shall be deemed to have been given and received (a) when personally delivered, or delivered by same - day courier; or (b) on the third business day after mailing by registered or certified mail, postage prepaid, return receipt requested; or (c) upon delivery when sent by prepaid overnight express delivery service (e.g., FedEx, UPS); or (d) when sent by email and upon the receipt by the sending party of written confirmation by the receiving party. Notices shall be addressed as follows:

To Licensor: Southern California Edison Company
Vegetation & Land Management
Land Management – Eastern Region
2 Innovation Way
Pomona, CA 91768
Email: [email protected]

To Licensee: City of Fontana
Attn: Department of Engineering
8353 Sierra Avenue
Fontana, CA 92335
Email: [email protected]

Business Telephone No. (909) 350-6655

Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.

39. Recording: Licensee will not record this Agreement.

40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. Any appendices, addenda and exhibits attached hereto are incorporated herein and made an integral part hereof. This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties. In case any provis ion in this Agreement shall be deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent o f such invalidity, illegality or unenforceability.

41. Signature Authority : Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein.

42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate . 47 SCE Doc. 306332 Att. Contract No. 9.8611

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LICENSOR:

SOUTHERN CALIFORNIA EDISON COMPANY

By___________________________________________

MONICA CONTRERAS
Real Estate Advisor
Land Management – Eastern Region
Vegetation & Land Management

_____________________
Date

LICENSEE:

________________________

CITY OF FONTANA

By: Matthew Ballantyne, City Manager

_____________________
Date

ATTEST:

Germaine Keys, City Clerk

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APPENDIX

Guidelines for Standard Licensee Improvements

The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein a fter referred to as “Licensor” for consideration and approval prior to the start of any construction on “Licensor” property.

Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent “Licensor” towers, poles, guy wires or other “Licensor” facilities.

The plan must show the locations of all “Licensor” towers and poles, 16-foot-wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a “north arrow” and the Licensee’s name.

SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants)

1. Shade structures must maintain minimum spac ing of 50 feet between shade structure locations, should be placed perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shade structures will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles

3. Shade structures must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately ground ed in accordance with plans approved and stamped by a California electrical engineer
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials. 49 SCE Doc. 306332 Att. Contract No. 9.8611

Initial (_______)/(_____/______)
Licensor/Licensee
- 2 -

Rev9 2023-03-08 JR-JC

SHADEHOUSES/HOTHOUSES
(Definition: A simple, non -flammable, enclosed structure design ed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)

1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in pe rpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles

3. Shadehouses/hothouses must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded in accordance with plans approved and stamped by a California electrical engineer
d. Covering must be non-flammable and manufactured with non-hydrocarbon materials

GREENHOUSES
(Definition: An enclosed structure designed to control temperature an d/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis.

IRRIGATION SYSTEMS / WELLS

1. Maximum diameter of pipe: 3 inches

2. All pipes must be plastic Schedule 40 or better

3. No irrigation system will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50 -foot radius around suspension tower legs, H-Frames, and poles 50 SCE Doc. 306332 Att. Contract No. 9.8611

Initial (_______)/(_____/______)
Licensor/Licensee
- 3 -

Rev9 2023-03-08 JR-JC
c. 100-foot radius around dead-end tower legs, H-Frames, and poles

4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way

5. Suitable identification markers will be required on main controllers and valves

6. Locations of main shut off valve will be provided and shown on a plot plan

7. Underground facilities must have a minimum cover of three feet

8. Earth disturbed must be compacted to ninety percent (90%)

LANDSCAPING

1. No trees will be permitted under the overhead electrical conductors or w ithin 20 feet of the area directly located under the outer circumference of the overhead conductors, which is commonly known as the “drip line.”

2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet

3. Placement of large rocks (boulders) must be approved in writing by Licensor

4. Any mounds or change of grade must be approved in writing by Licensor

5. No cactus or thorny shrubs will be permitted

6. Retaining walls, planters, etc. may be considered on a case-by-case basis and must be approved in writing by Licensor

7. No crushed or freshly laid asphalt will be permitted

TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor’s prior permission. Trailers must meet the following criteria to be considered : Trailers must meet the following criteria:
a. Must have axles and wheel and be able to be moved
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet

2. No trailers will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles 51 SCE Doc. 306332 Att. Contract No. 9.8611

Initial (_______)/(_____/______)
Licensor/Licensee
- 4 -

Rev9 2023-03-08 JR-JC
e. Under or within 10 feet of the conductor “drip lines”

3. Sewer or gas lines to trailers must be approved in writing by Licensor

4. Location of all electrical and telephone lines must be approved in writing by Licensor

5. Electrical lines must be installed by a licensed -general contractor.

6. Trailers shall not be used for residential purposes

7. Toxic or flammable materials will not be permitted in trailers

8. Adequately grounded in accordance with plans approved and stamped by a California electrical engineer

PARKING AREAS

Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the “drip lines” without Licensor’s prior written approval. Parking spaces to be identified under the approved site plan. “No Parking” striping may be required in areas where additional clearance is required.

MATERIAL STORAGE

1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities.

2. Licensee must provide Licensor with a list of material stored on the right of way

3. No toxic or flammable materials will be permitted

4. No materials shall be stored within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50 - foot radius around suspension tower legs, H-Frames, and poles c. 100 - foot radius around dead-end tower legs, H-Frames, and poles d. 25 feet from anchors/guy wires, poles and wood poles

5. Storage of materials not to exceed a maximum height of 15 feet

6. No storage of gasoline, diesel or any other type of fuel will be permitted

7. Any fencing around the storage areas must have Licensor’s prior written approval . 52 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3301 Agenda Date: 11/12/2024
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adopt a Resolution Summarily Vacating Portions of Lytle Creek Road within the Ventana Specific Plan
RECOMMENDATION:

Adopt Resolution No. 2024-121, summarily vacating a portion of Lytle Creek Road within the City, south of Duncan Canyon Road, pursuant to Streets and Highways Code section 8830, Et. Seq.

COUNCIL GOALS:
· To promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The City owns fee title to a portion of a street within the City named Lytle Creek Road, located south of Duncan Canyon Road as further described and depicted in Exhibit A and Exhibit B of the attached Resolution (“Property”).

This reach of Lytle Creek Road was acquired from the County of San Bernardino through an Annexation. Lytle Creek Road has not been used for ten (10) years and has had street barricades put up to prevent use.

Section 8331 of the California Streets and Highways Code authorizes the City Council to summarily vacate (utilizing an expedited process) a street or highway if the street or highway has been impassible for vehicular travel for a period of five (5) consecutive years and if no public money has been expended for maintenance on the street or highway during such period. These conditions are met for the Property, therefore the Property is eligible for summary vacation by adoption of the attached Resolution.

After the Resolution is adopted, the public right-of-way comprising the street on the Property will no longer constitute a public right-of-way. The City Clerk will record the Resolution and the vacation will then be officially complete. Certain notices to utility entities will be issued if and as required by law.

Staff has determined that the proposed vacation is exempt under Section 15305 (Minor Alterations in Land Use Limitations) of the State CEQA Guidelines because it will not result in any change in land use or density. Further, none of the exceptions under Section 15300.2 of the CEQA Guidelines are City of Fontana Printed on 11/7/2024Page 1 of 2
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53 File #: 21-3301 Agenda Date: 11/12/2024
Agenda #: D. Category: Consent Calendar
applicable to the proposed vacation.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2024-121

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

PURSUANT TO A N EXEMPTION FROM THE CALIFORNIA

ENVIORNMENTAL QUALITY ACT, SUMMARILY VACATING A

PORTION OF THE STREET NAMED LYTLE CREEK ROAD WITHIN THE

CITY SOUTH OF DUNCAN CANYON ROAD PURSUANT TO STREETS
AND HIGHWAYS CODE SECTION 8330 ET SEQ., DETERMINING THAT

SUCH VACATION IS CONSISTENT WITH THE CITY'S ADOPTED

GENERAL PLAN , AND DIRECTING STAFF TO F ILE A NOTICE OF EXEMPTION.

WHEREAS, the City of Fontana holds in fee that certain property located within the City consisting of a portion of a street commonly designated as Lytle Creek Road”, more specifically described and depicted in the attached Exhibit A and Exhibit B ("Property"); and

WHEREAS, The Property qualifies as a “street” under Streets and Highways Code section 8308 because it is a former public right-of-way consisting of a road or street for vehicular travel; and

WHEREAS, the Property is no longer necessary because it fell out of use and was impassable; and

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

WHEREAS, the City of Fontana has no use for the Property for street purposes; and

WHEREAS, this vacation of the streets on the Property is made pursuant to the requirements of California Streets and Highways Code, Division 9. - Change of Grade and Vacation, Part 3. - Public Streets, Highways, and Service Easements Vacation Law (Streets & Highways Code sections 8300 et seq.), Chapter 4. - Summary Vacation; and

WHEREAS, Section 8331 of the California Streets and Highways Code authorizes the City Council to summarily vacate a street or highway if the street or highway has been impassible for vehicular travel for a period of five consecutive years and if no public money has been expended for maintenance on the street or highway during such period; and

WHEREAS, the street constituting the Property has been impassible for vehicular travel for a period of five consecutive years preceding this resolution (barriers were actually put up preventing physical access), and no public money has been expended for maintenance on the street constituting the Property during such period; and 55 Resolution 2024-121
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WHEREAS, On July 5, 2022, the City of Fontana’s Planning Commission approved MCN No. 20-099R1, Specific Plan Amendment (SPA) No. 21-001 and General Plan Amendment (GPA) No. 21 -006. The project was consistent with the City of Fontana’s General Plan. The proposed General Plan Amendment was to amend portions of the general plan land use designation for the Ventana Specific Plan to General Commercial (C-G), Medium-Family Residential (R-MF), Regional Mixed Use (RMU), and Multi-Family Medium/High (R-MFMH) to be consistent with the new Planning Areas of the proposed specific plan amendment. This would allow for the establishment of new Planning Areas that will have unique land uses, development standards, design guidelines and circulation plan within this development. During this process, the Planning Commission considered and reported on the location, purpose, and general circulation of the streets with the comprehensive amendment of the SPA which was consistent with the City of Fontana General Plan , and all other legal prerequisites to the adoption of this Resolution have occurred.

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

Section 1. Incorporation of Recitals . The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.

Section 2. Consideration of General Plan Conformity. The proposed vacation is consistent with the land use designation of the General Plan of general commercial and regional mix-use. The finding are based on the fact that the portion of Lytle Creek road right-of-way is not part of the City’s General Plan Community Mobility and Circulation Element, and in part, on the following General Plan policies:

Community Mobility and Circulation Element Policy : The project is consistent with Chapter 9, Section E: Policies and Actions to Achieve the Goals, Goal No. 1: “The City of Fontana has a comprehensive and balanced transportation system and multimodal accessibility the top of citywide transportation planning, as well as accommodating freight movement.”

Community Mobility and Circulation Element Policy : The project is consistent with Chapter 9, Section E: Goal No. 4, "Fontana’s neighborhood streets maintain a residential character and support a range of transportation options.”

Community Mobility and Circulation Element Policy: The project is consistent with Chapter 9, Section E: Policies and Actions to Achieve the Goals, Goal No. 5: “Fontana’s commercial and mixed-use areas include a multifunctional street network that ensures a safe, 56 Resolution 2024-121
3 of 6

comfortable, and efficient movement of people, goods, and services to support a high quality of life and economic vitality.”

Section 3. Order of Vacation. The City Council finds that the street consisting of the Property has been impassible for vehicular travel for a period of fiv e consecutive years pr eceding this resolution, and no public money has been expended for maintenance on the street during such period , and the Property is unnecessary for present or prospective public use. 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 Easements Vacation Law (Sections 8300 et seq.), Chapter 4. - Summary Vacation, hereby orders the vacation of the public right of way on the Property and any as more particularly described and depicted in the attached Exhibit A and Exhibit B, respectively, and after the date this Resolution is recorded, the public right of way comprising the street will no longer constitute a public right of way.

Section 4. CEQA Finding. The vacation is exempt from further review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the State CEQA Guidelines because it will not result in any change in land use or density. Further, none of the exceptions under CEQA Guidelines Section 15300.2 are applicable to the vacation. Staff is directed to file a Notice of Exemption.

Section 5. Certification, Recordation and Retention. The City Clerk shall cause a certified copy of this Resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in t he 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 6. Notice. The City Engineer and/or City Clerk are authorized and directed to provide written notice of the a doption of this Resolution to any qualifying governmental entity, public utility, or other entity who has submitted a valid request for notice of vacation proceedings pursuant to Streets and Highways Code Section 8346.

Section 7. Effective Date . This Resolution shall become effective upon its adoption. Upon the recordation required hereby, the vacation is complete, and the street vacated no longer constitutes a street.

APPROVED AND ADOPTED this 12th day of November, 2024.

READ AND APPROVED AS TO LEGAL FORM:

____________________________________
City Attorney
57 Resolution 2024-121
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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 on the 12th day of November, 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

58 Resolution 2024-121
5 of 6

EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY

59 Resolution 2024-121
6 of 6

EXHIBIT “B”

MAP OF PROPERTY

60 EXHIBIT A

LEGAL DESCRIPTION

LYTLE CREEK ROAD VACATION

SHEET 3 OF 7
CITY INDEX NO. 6246
M:\Mapping\1655\004\Legals\Lytle Creek Quitclaim Deed\1655-004 Lytle Creek Quitclaim Deed.docx

THAT CERTAIN PORTION OF LYTLE CREEK ROAD IN THE CITY OF FONTANA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED PER RELINQUISHMENT RECORDED FEBRUARY 5, 1979 IN BOOK 9615 PAGES 1084 AND 1085 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING

WITHIN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND

MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24 AS SHOWN ON PARCEL MAP NO. 20327 IN BOOK 258 PAGES 37 THROUGH 40, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;

THENCE ALONG THE NORTH LINE OF SAID SECTION 24 AS SHOWN PER SAID PARCEL MAP SOUTH 89°21'51" WEST 1475.62 FEET TO THE SOUTHEASTERLY LINE OF PARCEL 4477 RECORDED MARCH 17 1975 IN BOOK 8636 PAGE 3 OF

OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;

THENCE ALONG SAID SOUTHEASTERLY LINE OF PARCEL 4477, SOUTH 00°38'03" EAST, 15.97 FEET AND SOUTH 53°47'30" WEST, 24.11 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET SOUTH FROM SAID NORTH LINE OF SECTION 24, SAID POINT BEING THE TRUE POINT OF BEGINNING;

THENCE CONTINUING ALONG THE SOUTHEASTERLY LINE AS DESCRIBED IN SAID PARCEL 4477 AND AS DESCRIBED IN PARCEL 4423 -1 RECORDED SEPTEMBER 10, 1976 IN BOOK 9009 PAGE 656 OF OFFICIAL RECORDS IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THROUGH THE FOLLOWING COURSES:

SOUTH 53°47'30" WEST 23.64 FEET TO THE BEGINNING OF A NON -

TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,033.11 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 56°54'22" EAST;

THENCE SOUTHWESTERLY ALONG SAID CURVE, 594.11 FEET, THROUGH A CENTRAL ANGLE OF 32°56'56";

THENCE SOUTH 66°02'34" WEST, 424.13 FEET TO THE BEGINNING OF A

TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,967.33 FEET;

61 EXHIBIT A

LEGAL DESCRIPTION

LYTLE CREEK ROAD VACATION

SHEET 4 OF 7
CITY INDEX NO. 6246
M:\Mapping\1655\004\Legals\Lytle Creek Quitclaim Deed\1655-004 Lytle Creek Quitclaim Deed.docx THENCE SOUTHWESTERLY ALONG SAID CURVE, 305.10 FEET, THROUGH A CENTRAL ANGLE OF 05°53'28" TO THE WEST LINE OF SAID NORTHWEST QUARTER;

THENCE ALONG SAID WEST LINE NORTH 00°59'55" WEST, 68.30 FEET TO THE

NORTHERLY LINE OF SAID LYTLE CREEK ROAD, AND THE BEGINNING OF A NON-

TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,027.34 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 29°13'29" WEST;

THENCE ALONG SAID NORTHERLY LINE AND SAID CURVE NORTHEASTERLY ALONG SAID CURVE, 248.29 FEET, THROUGH A CENTRAL ANGLE OF 04°41'57" TO THE SOUTHEASTERLY RIGHT OF WAY OF INTERSTATE 15 PER HARD COPY RIGHT OF WAY MAP NO. RW000096 AND AS SHOWN ON RECORD OF SURVEY NO. 16-064 IN BOOK 158 PAGES 50 THROUGH 56 INCLUSIVE, OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;

THENCE ALONG SAID SOUTHE ASTERLY RIGHT OF WAY OF INTERSTATE 15 THROUGH THE FOLLOWING COURSES:

NORTH 74°26'13" EAST, 357.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 349.04 FEET;

THENCE EASTERLY ALONG SAID CURVE, 1 77.15 FEET, THROUGH A CENTRAL ANGLE OF 29°04'49";

THENCE NORTH 45°21'24" EAST, 277.35 FEET TO THE BEGINNING OF A

NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 1,000.11 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 44°37'22" WEST;

THENCE NORTHEASTERLY ALONG SAID CURVE, 51.26 FEET, THROUGH A CENTRAL ANGLE OF 02°56'12";

THENCE NORTH 45°38'29" EAST, 93.83 FEET TO AN ANGLE POINT THEREIN;

THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE AND ITS NORTHERLY PROLONGATION NORTH 00°38'00" WEST, 41.16 FEET TO SAID PARALLEL LINE LYING 30 FEET SOUTH OF SAID NORTH LINE OF SECTION 24;

THENCE ALONG SAID PARALLEL LINE NORTH 89°21'51" EAST, 108.59 FEET TO THE TRUE POINT OF BEGINNING;

62 EXHIBIT A

LEGAL DESCRIPTION

LYTLE CREEK ROAD VACATION

Sheet 3 OF 5

M:\Mapping\1655\004\Legals\Lytle Creek Vacation Quitcl aim\1655-004 Lytle Creek Quitclaim.docx THE ABOVE DESCRIBED PARCEL CONTAINS 57,731 SQUARE F EET OR 1.325 ACRES, MORE OR LESS.

AS SHOWN ON PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

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: 8/29/2023
63 949.474.196015535 Sand Canyon AveIrvine, California 92618fuscoe.com RFULLCIRCLETHINKINGENGINEERINGFUSCOESuite 100
64 949.474.196015535 Sand Canyon AveIrvine, California 92618fuscoe.com RFULLCIRCLETHINKINGENGINEERINGFUSCOESuite 100
65 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3333 Agenda Date: 11/12/2024
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Acceptance of Final Map for Tract No. 20580 and Authorize the City Manager to Execute a Private Street Maintenance Covenant and Agreement with RC Homes (Glen at Fontana Borrower, LLC) for a portion of Cascade Drive within Tract No. 20580, Master Case No. 22-128, and Design Review No. 22-059
RECOMMENDATION:

1. Approve the Final Map for Tract No. 20580, located between Catawba Avenue and Salt Point Way, along Cascade Drive; and accept dedicated right-of-way and easements; and

2. Authorize the City Manager to enter into a Subdvision Improvement Agreement with the subdivider; and

3. Approve and authorize the City Manager to execute a Private Street Maintenance Covenant and Agremeent with RC Homes (Glen at Fontana Borrower, LLC) for a portion of Cascade Drive within Tract No. 20580, as required by Condition No. 27 of the previously adopted Conditions of Approval for Master Case No. 22-128, Tentative Tract Map 20580 (TTM22-000008), and Design Review No. 22-059.

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:

Tract No. 20580 is located between Catawba Avenue and Salt Point Way, along Cascade Drive. The project consists of forty-eight (48) detached single-family residences, including four (4) affordable residences, a recreation area, and associated improvements on a 6.8 gross acres site.

The Tentative Tract Map No. 20580 (TTM22-000008) was approved by the Planning Commission on September 5, 2023. All conditions precedent to submitting the final map have been completed by the applicant. The subdivider, RC Homes (Glen at Fontana Borrower, LLC), has complied with all the Conditions of Approval and has dedicated the required right-of-way and easements as part of the project. The tract map has been reviewed by the City Engineer and is found to be substantially in conformance to the approved tentative tract map.

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66 File #: 21-3333 Agenda Date: 11/12/2024
Agenda #: E. Category: Consent Calendar
In addition, an authorization is requested for the City Manager to enter into a Subdivision Improvement Agreement with the subdivider to guarantee the completion of required infrastructure in accordance with the Subdivision Map Act.

Furthermore, an authorization is required for the City Manager to enter into a Private Street Maintenance Covenant and Agreement with RC Homes (Glen at Fontana Borrower, LLC) for a portion of Cascade Drive within Tract No. 20580. This agreement is required by Condition No. 27 of the previously adopted Conditions of Approval for Master Case No. 22-128, Tentative Tract Map 20580 (TTM22-000008), and Design Review No. 22-059.

This agreement ensures the proper long-term maintenance of the privately owned portion of Cascade Drive, which includes an easement dedicated to the City for public access. The Developer is responsible for all associated costs. This protects the City from future maintenance liabilities and ensures continued public upkeep and accessibility of the subject roadway.

FISCAL IMPACT:

This action will only approve the tract map for recordation and authorize permits for the construction of the development, therefore, there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 11/7/2024Page 2 of 2
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67 68
69 70
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91 TRACT MAP NO. 20580BEING A SUBDIVISION OF THE SOUTHEASTQUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.M.

92 TRACT MAP NO. 20580BEING A SUBDIVISION OF THE SOUTHEASTQUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.M.

93 TRACT MAP NO. 20580BEING A SUBDIVISION OF THE SOUTHEASTQUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.M.

ONTARIO FWY

FOOTHILL FWY

W FOOTHILL BLVD

SIERRA AVE

SAN BERNARDINO FWYBASELINE AVE

CITRUS AVECHASE ROAD
94 TRACT MAP NO. 20580BEING A SUBDIVISION OF THE SOUTHEASTQUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.M.

SURVEYOR'S NOTES

EASEMENTS
95 DocuSign Envelope ID: 62753415- 8363- 4DD6- B4EF- 4856A22027A3 RESOLUTION NO. PC 2023- 030

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA APPROVING TENTATIVE TRACT MAP NO. 22- 008 ( TRACT NO. 20580) AND DESIGN REVIEW NO. 22- 059, TO CONSTRUCT 48

SINGLE- FAMILY UNITS WITH A RECREATION AREA THAT

ENCOMPASSES A MINIMUM OF FOUR AFFORDABLE UNITS PER THE
STATE DENSITY BONUS LAW; DETERMINING THAT THE PROJECT

HAS BEEN REVIEWED UNDER A PREVIOUS FINAL ENVIRONMENTAL
IMPACT REPORT STATE CLEARINGHOUSE NO. ( 2016021099),
PURSUANT TO SECTION 15126 AND 15183 OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT ( CEQA) GUIDELINES AND SECTION

8. 10 OF THE CITY OF FONTANA' S 2019 LOCAL CEQA GUIDELINES.

WHEREAS, the locations of 15912, 15936 and 15956 Chase Road ( Assessor Parcel Numbers: 0228- 151- 17, - 18, and 19) (" Property") were annexed on October 8, 1981 under LAFCO 2098A; and
WHEREAS, on September 27, 2022, the City of Fontana received an application from applicant Matt Livingston (" Applicant") on behalf of RC Homes Inc. to approve Tentative Tract Map No. 22-008 ( Tract No. 20580) and Design Review No. 22- 059 to subdivide three ( 3) existing lots into a single- family residential development with forty- eight ( 48) lots and recreation area on approximately 6.8 adjusted gross acres of land comprising the Property; and
WHEREAS, the Applicant desires to utilize the State Density Bonus Law California Government Code Sections 65915 — 65918) which permits a density bonus to exceed the density limit of the Zoning Code with the provision of affordable units; and WHEREAS, the project is located in the Single Family ( R- 1) District zone which permits 34. 1 units. Pursuant to Fontana Municipal Code Section 30-434, the 34. 1 units would round up to allow 35 units for the project; and
WHEREAS, the Applicant is providing four ( 4) very low affordable units in the project. Pursuant to State Density Bonus Law, the Applicant is entitled to a 35 percent density bonus, which calculates to 13 units and brings the total project to 48 units that encompasses the four ( 4) very low affordable units; and WHEREAS, the Applicant has requested the following waivers: minimum lot size, average lot size, lot width, lot depth, lot coverage, front setbacks, side setbacks, rear setbacks, setback variations and side entry garages per California Government Code Sections 65915 — 65918; and
WHEREAS, the incentives/ concessions requested by the Applicant are to not require block walls between the lots California Government Code Sections 65915 — 65918; and

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WHEREAS, these incentives/ concessions result in identifiable and actual cost reductions, will not have a specific adverse impact on health and safety or on any real property that is listed in the California Register of Historical Resources and is not contrary to state or federal law; and
WHEREAS, the City of Fontana wishes to protect and preserve the quality of life throughout the City, through effective land use and planning; and WHEREAS, Conditions of Approval have been prepared and attached hereto as Exhibit " A" for Tentative Tract Map No. 22-008 ( TTM No. 20580) and Exhibit " B" for Design Review Project No. 22- 059; and
WHEREAS, all notices required by statute and the City Municipal Code have been given as required; and
WHEREAS, the owners of property within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing; and a notice of the public hearing was published in the local Fontana Herald newspaper on September 10th, 2023, posted at City Hall, and on site at the project site; and WHEREAS, a Notice of Determination has been prepared for this project pursuant Section 15162 and 15183 of the California Environmental Quality Act and Section 6.22 of the 2019 Local Guidelines for Implementing CEQA; and
WHEREAS, on September 5, 2023, a duly noticed public hearing on Tentative Tract Map No. 22- 008 ( Tract No. 20580) and Design Review No. 22- 059 was held by the City of Fontana' s Planning Commission (" Planning Commission") to consider testimony and evidence presented by the Applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto; and
WHEREAS, the Planning Commission carefully considered all information, evidence, and testimony presented at its public hearing on September 5, 2023 pertaining to Tentative Tract Map No. 22- 008 ( Tract No. 20580) and Design Review No. 22- 059; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

Section 1. Recitals. The above recitals are incorporated herein by reference.

Section 2. CEQA. The Planning Commission hereby determines that the project has been reviewed under Final EIR ( SCH No. 2016021099) for the General Plan that was certified by the City Council on November 13, 2018 and based on CEQA Guidelines,

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Sections 15162 through 15164 et seq, Section 15183, and Section 8. 10 of the City of Fontana' s 2019 Local CEQA Guidelines, the Planning Commission finds that the previously certified Final EIR has adequately identified the impacts associated with Design Review No. 22- 055 and Tentative Tract Map No. 22- 008 ( Tract No. 20580).

Section 3. Tentative Tract Map Findings. The City of Fontana' s, Planning Commission hereby makes the following findings for Tentative Tract Map No. 22-008 TTM 20508) in accordance with Section No. 26- 55 ( e) " Findings for approval" of the Fontana Zoning and Development Code:

Finding No. 1:

Findings of Fact:

Finding No. 2:

Findings of Fact:

Finding No. 3:

Findings of Fact:

The proposed map is consistent with the City' s General Plan and any applicable specific plan.

The Applicant is utilizing the State Density Bonus Law which prohibits local municipalities from enforcing zoning code regulations that would prohibit the density allowed by the State Law. Four ( 4) Very Low affordable units for the project which allow an increase of 35% more units than what is permitted by the Zoning Code. The Zoning Code allows 34. 1 units, but the State Law allows up to forty- eight ( 48) units for this project. Zoning Code regulations of the Single Family ( R- 1) District that have requirements for minimum square footage, and minimum lot and width dimensions cannot be enforced because they are waivers of the Zoning Code that would allow the Applicant to build at the density permitted by the State Density Bonus Law.

The design or improvements of the proposed subdivision are consistent with the general plan and any applicable specific plan.

The General Plan Land Use designation is Single Family ( R-SF).

This Land Use District allows for single- family development.

Although this District limits the density to five ( 5) units per acre, the State Law allows the Applicant to exceed the Zoning Code requirement as stated above. The project meets the specifications of the General Plan, more specifically, those of Goal 2 ( General Plan

15.34) that call for creating " connected neighborhoods". The project site will connect Cascade Drive for residents of the project site and current residents which currently dead ends on both sides of the site.

The site is physically suitable for the type and density of the development.

The project site is of an adequate size to accommodate the development and the existing topography is relatively flat. The site

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Finding No. 4:

Findings of Fact:

Finding No. 5:

Findings of Fact:

Finding No. 6:

Findings of Fact:

Section 4.
has existing block walls that will adequately screen the project site and meet the height limits of the zoning code.

The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

The design of Tentative Tract Map No. 22- 008 ( TTM No. 20580) is not likely to cause substantial environmental damage nor substantially and unavoidably injure fish or wildlife or their habitat.

The project will not have a significant effect on the environment with mitigation as a result of project implementation per CEQA. Technical studies were conducted for this project and findings were made that the previously adopted Environmental Impact Report and Mitigation Monitoring and Reporting Program adequately identified any potential impacts associated with the project. The previously adopted Mitigation Monitoring and Reporting Program has been prepared and made a part of the environmental documentation and Conditions of Approval for this project.

The design of the subdivision or type of improvements will not cause serious public health problems.

The design of Tentative Tract Map No. 22-008 ( TTM No. 20580) will not cause public health problems. The project was evaluated to ensure there would be no impacts or mitigation measures required beyond those anticipated in the General Plan EIR. Improvements include connection to the public sewer, connection to the public storm drain, sidewalks, drainage, and grading to provide a safe and well - designed project for the area.

That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

The design of Tentative Tract Map No. 20580, and associated public improvements, will not conflict with access easements acquired by the public. The Property is accessed from Cascade Drive and Chase Road, which are publicly maintained streets. Currently there are no other public access easements through or within the project site.

Design Review Findings. The Planning Commission hereby makes the following findings for Design Review No. 22- 059 in accordance

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Finding No. 1:

Findings of Fact:

Finding No. 2:

Findings of Fact:

Finding No. 3:

Findings of Fact:
with Section No. 30- 120 " Findings for Approval" for Design Review of the Zoning and Development Code:

The proposal is consistent with the General Plan, Zoning and Development Code, and any applicable Specific Plan.

The project is located in the Single Family Residential ( R-SF) general plan land use designation. The Applicant is utilizing the State Density Bonus Law which restricts the application of Zoning Laws.

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe, and desirable development promoting the public health, safety, and welfare of the community.

Although the project does not meet the standards of the Zoning Code, the project the project has attractive architecture and landscaping. The architectural features include a variety of designs such as Spanish, Cottage, Ranch, Bungalow, Farmhouse, and key design features such as window trimming, banding, siding, carriage lights, accent colors, recessed windows and decorative metal fixtures. Landscaping is incorporated to ensure that the lots meet the Zoning Code requirement for adequate trees, shrubs and
groundcover. Though not required, the Applicant has included a recreation area that consists of a swimming pool, barbeque area and fitness room.

There are four ( 4) affordable housing units integrated into the site with the same floor plans and lot design as the market rate units. As identified by State legislature, the housing crisis in California has highlighted the need for increased housing. By allowing a higher density of units, and providing affordable units, the project is addressing this demand.

The Project is as safe in design as is otherwise required by the Fontana Municipal Code.

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well - designed facility while enhancing the character of the surrounding neighborhood.

The project has attractive architecture and landscaping. The architectural features include a variety of designs such as Spanish, Cottage, Ranch, Bungalow, Farmhouse, and key design features such as window trimming, banding, siding, carriage lights, accent

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colors, recessed windows and decorative metal fixtures.

Landscaping is incorporated to ensure that the lots meet the Zoning Code requirement for adequate trees, shrubs and groundcover.

Though not required, the Applicant has included a recreation area that consists of a swimming pool, barbeque area and fitness room.

The project will result in housing that is necessary for both the area and region. The project includes street improvements, sidewalks, drainage, grading and perimeter and privacy walls to provide a safe and well -designed neighborhood. The project has been reviewed by the City of Fontana' s Planning, Engineering, Building and Safety and Fire Prevention Departments for site circulation, access, and safety.

These structures will be built pursuant to all applicable building, zoning, and fire codes per the review of these departments and Conditions of Approval.

Finding No. 4: The site improvements are appropriate and will result in a safe, well - designed facility.

The project site improvements are appropriate and will result in a safe, well - designed development. The tract of homes are designed with the appropriate pavement, curbs, gutters and sidewalks. The project has been reviewed by the City of Fontana' s Planning, Engineering, Building and Safety, and Fire Prevention Departments for site circulation, access, and safety to ensure the project meets State and local code requirements and Conditions of Approval have been implemented promote safety and a well designed site. The character of the surrounding neighborhood reflects residential uses.

Section 5. Approval. Based on the foregoing, the City of Fontana' s Planning Commission hereby approves:

A. Tentative Tract Map No. 22- 008 (Tract No. 20580) and Design Review No. 22- 059, subject to the conditions of approval, which are attached hereto as Exhibit " A" and Exhibit " B" to this Resolution and incorporated herein by this reference.

B. In accordance with State Density Bonus Law the following incentive/ concessions are granted: block walls are not required along the side and rear property lines.

C. In accordance with State Density Bonus Law the following waivers are granted: minimum lot size, average lot size, lot width, lot depth, lot coverage, front setbacks, side setbacks, rear setbacks, setback variations and side entry garages.

Section 6. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department,

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8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code, Section No. 21081. 6.

Section 7. Certification. The Secretary shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 5thday of September 2023.

City of Fontana
Cathline Fort, Chairperson
ATTEST:

I, Idilio Sanchez, Vice Chairperson of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 5thday of September 2023, by the following vote, to -wit:

AYES: QUINTANA, SANCHEZ, SANGHA, FORT
NOES:

ABSENT: THRASHER
ABSTAIN:

Idilio Sanchez, Vice Chairperson

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CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 22- 128 DATE: September 5, 2023 Tentative Tract Map 20580 ( TTM No. 22- 008)
LOCATION: 15912, 15936 & 15956 Chase Road ( Accessor Parcel Number [ APN]: 0228- 151- 17, - 18 and - 19).

PLANNING DEPARTMENT:

1. The applicant/ developer/ property owner shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant' s proposed project or to any approvals of the Planning Commission and/ or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third -party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City for such legal fees and costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/ or costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/ or any parties bringing such forth.

The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant' s sole and exclusive remedy shall be limited to declaratory/ injunctive relief, mandate, and/ or specific performance.

2. This Tentative Tract Map shall become null and void two ( 2) years from the date of approval unless the Final map is recorded or the applicant applies for an extension

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of time in accordance with the provisions in the Subdivision Map Act and the provisions in the City' s Municipal Code.

3. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits.

4. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until all of the following have occurred:

A. All requirements of the City of Fontana' s Municipal Code shall be complied with.

B. All Conditions of Approval imposed on this project have been fulfilled.

C. All of the improvements, construction, alteration, and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City' s final inspection and acceptance of the work.

5. The applicant shall underground all utilities, which for the purpose of this condition shall also include all boxes, structures and/ or other equipment located in the public right- of-way, any public utility easement( s) and on any private property, to the satisfaction of the Director of the Planning Department. A note to this effect shall be placed on the map prior to recordation of the final map.

6. In the event that one or more of the Conditions of Approval for this project needs to be amended and/ or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/ deletion, provided that City manager shall bring such proposed amendment/ deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty ( 60) days following the City Manger' s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections No. 30- 30 and Sections No. 30- 31 of the Municipal Code.

7. Upon discovery of any cultural tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All cultural tribal and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/ consultant. If the resources are Native American in origin, interested Tribes as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue other parts of the project while evaluation takes place.

Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe.

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Any historic archaeological material that is not Native American in origin shall be curated at a public, non- profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.

Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years' experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

8. The construction contractor will use the following source controls at all times:

A. Use of noise -producing equipment will be limited to the interval from 8:00 a.m. to 5:00 p.m., Monday through Friday.

B. For all noise -producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

C. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating ( tuned -up) and lubricated, and that mufflers are working adequately.

D. Have only necessary equipment onsite.

E. Use manually adjustable or ambient -sensitive backup alarms. When working adjacent to residential use( s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary:
i. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.
ii.Temporarily enclose localized and stationary noise sources.

9. Prior to issuance of building permits, the project proponent shall pay the City' s development impact fees.

10. The applicant/ developer/ property owner shall provide clustered and/ or individual mailbox( es) for the delivery of mail to future residents of the development. The

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location shall be convenient for the residents and not block the line - of - sight for pedestrians or vehicle traffic.

11. The mailboxes shall be made of durable material and shall be installed in a manner that is resistant to vandalism and meets the requirements of the Post Office. The Post Office currently approves freestanding mailboxes that are F-series and wall -mounted boxes that are 4C series. The developer is responsible for contacting the Post Office for the type and location of the mailboxes within their development.

Any replacements of the mailboxes subsequent to the original installation shall be the responsibility of the developer, each individual homeowner and/ or the homeowners association, and the Post Office.

12. Prior to final map approval, the applicant shall provide to City Staff for the City' s review and approval, and shall execute and record against the subject property in the San Bernardino County Recorder' s Office, a regulatory agreement in a form and substance approved by City Staff and the City Attorney. The regulatory agreement shall require, among other things, that a minimum of four ( 4) residential units on four 4) single family residential lots be and remain " very low affordable units" as described and for the period of time set forth in California Govt. Code Sec. 65915 through 65918 and related State statutes. For this purpose, the applicant shall deposit with the City prior to submitting the regulatory agreement for City review and approval the sum of three thousand dollars ($ 3,000) to reimburse the City for City Staff and City Attorney time in reviewing, revising and negotiating the agreement, provided that the City will promptly refund to the applicant any unused portion of such deposit."

13. The development shall maintain an active Homeowner' s Association (" HOA") at all times. The City shall be the third party to the HOA' s Covenants Conditions and Restrictions solely for the purpose of enforcing property and maintenance standards.

Modified by the Planning Commission on September 5, 2023) BUILDING AND SAFETY DEPARTMENT:

14. The applicant/ developer/ property owner shall comply with the latest adopted edition of the following codes as applicable:

A. California Building Code
B. California Residential Code
C. California Electrical Code
D. California Mechanical Code
E. California Plumbing Code
F. California Energy Code
G. California Fire Code
H. California Green Building Standards Code

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15. The applicant/ developer/ property owner shall install an automatic fire suppression system, which is required in all new construction per FMC Chapter 11 Article II. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

16. The applicant/ developer/ property owner shall verify that any temporary building, trailer, commercial coach, etc. installed and/ or used in connection with a construction project complies with FMC Chapter 5 Article XIV.

17. The applicant/ developer/ property owner shall verify that all perimeter/ boundary walls are designed and constructed so that the outer/ exterior face of the wall is as close as possible to the lot line. In any case, the outer/ exterior face of the wall shall be within two ( 2) inches of the lot line. Distances greater than two ( 2) inches may be approved prior to construction by the Building Official on a case -by -case basis for extenuating circumstances.

18. The applicant/ developer/ property owner shall have the tract map recorded prior to the issuance of any building permits.

19. The applicant shall comply with the following grading requirements:

A. Grading plans shall be submitted to and approved by Building & Safety. The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run- offs.

B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.

D. A recorded drainage acceptance agreement is required from adjoining property( s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drainage structures shall be one half ( 0.50) percent for concrete and one ( 1.0) percent for all other, or as otherwise approved by the Building Official.

G. Drainage water shall not pass from an ` improved' type of drainage structure to an unimproved' type of drainage structure ( e. g., concrete swale to a dirt swale) unless otherwise approved by the Building Official.

H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.

The on - site drainage system shall, as a minimum, be designed to handle the run- off generated by a ten ( 10) year storm. Check for flooding of all on -site structures buildings) and all adjacent properties during a hundred ( 100) year storm.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/ or permit boundary lines. These sections shall clearly indicate:
i. The relationship between the proposed finished on -site grade elevations and the

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existing adjacent property grade elevations ( Indicate any additional drainage water that may come from an adjacent property.);
ii. The ground cover/ finished surface material being proposed ( e. g., type of pavement, plant material, etc.);
iii. All proposed drainage structures;
iv. Any proposed and/ or required walls or fencing.

20. The applicant shall verify that all exterior lighting shall be oriented, directed, and/ or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/ CONSTRUCTION PERMITS

21. The following items shall be completed and/ or submitted to Building & Safety — as applicable — prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector ENGINEERING DEPARTMENT:

22. The Project shall be served by the City' s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer.

23. The Applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on -site and off -site utilities. Completion of all undergrounding of on -site and off -site utilities is required by Section 27-52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

24. The Applicant shall maintain all improvements and utilities within the public right- of-way, including street sweeping, prior to issuance of final certificate of occupancy by the City.

PRIOR TO ISSUANCE OF GRADING PERMIT

25. The Applicant shall submit and gain approval of a complete Water Quality Management Plan report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

PRIOR TO MAP RECORDATION

26. Applicant shall provide a Subdivision Improvement Agreement, with accompanying security.

The agreement shall be executed on City -provided forms.

27. Applicant shall submit and execute a Maintenance Agreement for the ongoing maintenance for Cascade Drive ( Private Street) which will contain a public access easement.

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PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

28. The Applicant shall record All map' s, right- of-way dedications, easements, reciprocal access agreement as required for the development.

29. The Applicant shall submit engineered improvement plans and obtain full approval. All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/ or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

30. The Applicant/ Engineer to provide the City of Fontana with As Built/ Record Drawings for all public improvement plans.

31. The Applicant/ Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all survey monuments within the project limits and replace any existing survey monuments damaged or removed during construction.

32. The Applicant/ Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

33. The Applicant/ Landscape Architect shall provide a " Landscape Certificate of Compliance" certifying that the work has been designed, installed, and will be maintained in accordance with the City of Fontana' s Model Water Efficiency Landscape Ordinance ( Ordinance 1743, FCC Section 28).

34. All sewers shall be video inspected by applicant/ contractor. Sewer video shall include clean - out connection, clean - out to lateral segment, lateral, and main line.

Contractor performing the video inspection must have a NASSCO PACP, LACP, and MACP certification. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff with an accompanying full report. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

35. All storm drains shall be video inspected by applicant/ contractor. Storm drain video shall include main lines and laterals. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

36. The Applicant/ Engineer of Record shall submit a conforming copy of the recorded Memorandum of Agreement for the Water Quality Management Plan and Storm Water Best Management Practices transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

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FIRE DEPARTMENT:

37. Jurisdiction: The above referenced project is under the jurisdiction of the Fontana fire Protection District ( herein " Fire Department"). Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department.

38. Fire Access Road Width: Prior to map recordation, all fire access roadways shall be designed to meet the requirements for this development and shall be approved by the Fire Department. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty- six ( 26) foot unobstructed width and vertically to fourteen ( 14) feet six ( 6) inches in height.

Buildings three ( 3) stories in height or more shall have a minimum access of thirty ( 30) feet unobstructed width and vertically to fourteen ( 14) feet six ( 6) inches in height. California Fire Code Chapter 5 & SBCoFD Standard A- 1.

39. Turnaround: An approved turnaround shall be provided at the end of each roadway one hundred and fifty ( 150) feet or more in length. Cul- de- sac length shall not exceed six hundred ( 600) feet; all roadways shall not exceed a 12% grade and have a minimum of nineteen ( 19) foot inside radius and a forty- five 45) foot outside radius for all turns. California Fire Code Chapter 5 & SBCoFD Standard A- 1.

40. Street Signs: Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site. California Fire Code Chapter 5 & SBCoFD Standard A- 2.

41. Fire Lanes: The applicant shall submit a site plan to the Fire Department for review and approval of all proposed signage and striping for all fire access roadways. All curbs adjacent to fire lanes shall be painted red and " No Parking, Fire Lane" signs shall be installed on public and private roads in accordance with approved standards. SBCoFD Standard A- 2.

42. Water System Residential: Prior to map recordation or lot line adjustment, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix B of the California Fire Code. A minimum of one new six ( 6) inch fire hydrant assembly with two ( 2) two and one half ( 2 1/ 2) inch and one ( 1) four ( 4) inch outlet ( 4" x2. 5" x2. 5") shall be provided. All fire hydrants shall be spaced no more than six hundred ( 600) feet apart as measured along vehicular travel -ways. California Fire Code Chapter 5 SBCoFD Standard W- 2.

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The Fire Flow for this project shall be: 1,500 GPM for a two- hour duration at 20 psi residual operating pressure. Fire Flow is based on a 1,650 Square Foot structure.

43. Hydrant Marking: Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W- 2.

44. Water System Certification: The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the jobsite. California Fire Code Chapter 5.

45. Combustible Protection: Prior to combustibles being placed on the project site an approved paved roadway providing fire access and fire hydrants providing an acceptable fire flow shall be installed. California Fire Code Chapter

5. 46. Fire Sprinkler- NFPA # 13D: An automatic life safety fire sprinkler system complying with NFPA 13D and Fire Department standards is required. A fire sprinkler contractor shall submit three ( 3) sets of detailed plans with hydraulic calculations and manufacturer specification sheets to the Fire Department for approval. The required fees shall be paid at the time of plan submittal.

California Fire Code Chapter 9 & SBCoFD Standard F- 2.

47. Fire Extinguishers: Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department.

California Fire Code Chapter 9.

48. Residential Addressing: The street address shall be installed on the building with numbers that are a minimum of four ( 4) inches in height and with a one half ( 1/2) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street. Where the building is fifty ( 50) feet or more from the roadway, additional contrasting four ( 4) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B- 1

49. Secondary Access: The development shall have a minimum of two points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A- 1

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50. Spark Arrestor: An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with Fire Department requirements.

California Fire Code Chapter 6.

51. San Bernardino County Fire Standards: Items not directly called out on these Conditions of Approval, shall also adhere to currently adopted San Bernardino County Fire Standards and California Fire Code.

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CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 22- 128
Design Review Project No. 22- 059
DATE: September 5, 2023
LOCATION: 15912, 15936 & 15956 Chase Road ( Accessor Parcel Number [ APN]: 0228- 151- 17, - 18 and - 19).

PLANNING DEPARTMENT:

1. The applicant/ developer/ property owner shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant' s proposed project or to any approvals of the Planning Commission and/ or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third -party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City for such legal fees and costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/ or costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/ or any parties bringing such forth.

The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant' s sole and exclusive remedy shall be limited to declaratory/ injunctive relief, mandate, and/ or specific performance.

2. This Design Review shall become null and void two ( 2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary

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building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

3. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits.

4. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until all of the following have occurred:

A. All requirements of the City of Fontana' s Municipal Code shall be complied with.

B. All Conditions of Approval imposed on this project have been fulfilled.

C. All of the improvements, construction, alteration, and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City' s final inspection and acceptance of work.

5. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of the Planning Department or his/ her designee. Major structural and aesthetic changes exceeding the codified parameters of administrative policy shall be presented to the Planning Commission for approval. Changes made without approval as stated herein, will prevent the occupancy of the residential structure until corrections are approved in writing by all appropriate staff.

6. The Director of the Planning Department, or his/her designee, shall have the authority for minor architectural changes focusing around items such as window treatments, color combinations, facade treatments, and architectural relief.

Questions on the interpretation of this provision or changes not clearly within the scope of this provision shall be submitted to the Planning Commission for consideration under a Revision to the Design Review.

7. Upon discovery of any cultural tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All cultural tribal and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/ consultant. If the resources are Native American in origin, interested Tribes as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue other parts of the project while evaluation takes place.

Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the

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Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non- profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.

Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years' experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

8. The construction contractor will use the following source controls at all times:

A. Use of noise -producing equipment will be limited to the interval from 8:00 a.m. to 5:00 p.m., Monday through Friday.

B. For all noise -producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

C. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating ( tuned -up) and lubricated, and that mufflers are working adequately.

D. Have only necessary equipment onsite.

E. Use manually adjustable or ambient - sensitive backup alarms. When working adjacent to residential use( s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary:
i. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.
ii. Temporarily enclose localized and stationary noise sources.

9. Foam treatment used for architecture features and/ or projections located on the first floor ( under 14- foot) shall be covered with concrete or similar durable material a minimum of 1/4 inch thick, or as determined by the Director of the Planning Department.

10. If solar panel systems are installed on the roof of any residential structure, the installation shall be on top or above the approved roof tile. If a solar panel system is flush mounted to the roof, matching roof tiles shall be replaced immediately upon removal of the solar panels.

11. All garage doors shall be metal, sectional roll -up and have windows as required by the Zoning Code.

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12. Wall -mounted decorative lighting fixtures shall be provided at the front porch area as well as on each side of the garage door.

13. Prior to the issuance of a Certificate of Occupancy, the applicant/ developer/ property owner shall underground all utilities, which for the purpose of this condition shall also include all boxes, structures and/ or other equipment located in the public right- of-way, any public utility easement( s) and on any private property, to the satisfaction of the Director of the Planning Department or his/her designee.

14. All new block walls shall be constructed with a decorative block and capped with a prefabricated block cap.

15. The following electrical outlets and garage door opener will be provided in all garages:

A. Install one automatic garage door opener for the double garage door.

B. Install at least one duplex receptacle within garage.

16. In the event that one or more of the Conditions of Approval for this project needs to be amended and/ or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/ deletion, provided that City manager shall bring such proposed amendment/ deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty ( 60) days following the City Manger' s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections No. 30- 30 and Sections No. 30- 31 of the Municipal Code.

17. The applicant/ developer shall comply with the mitigation measures identified in the Initial Study Monitoring and Reporting Program as approved by the Planning Commission on September 5, 2023.

18. Prior to the earlier of (a) recordation of the final tract map for City of Fontana Master Case No. 22- 128 ( Tentative Tract Map No. 22- 008) and ( b) issuance of a building permit for any construction in the proposed project, the applicant shall record in the San Bernardino County Recorder' s Office a fully executed regulatory agreement, as approved by the City, as described and otherwise set forth in Condition 12 of the City' s approval of Tentative Tract Map No. 22- 008.

19. The development shall maintain an active Homeowner' s Association (" HOA") at all times. The City shall be a third party to the H.O.A. in the event the development cannot maintain said H. O. A.

Prior to Issuance of Building / Construction Permits

20. The applicant/ developer/ property owner shall provide clustered and/ or individual mailbox( es) for the delivery of mail to future residents of the development. The location shall be convenient for the residents and not block the line - of -sight for pedestrians or vehicle traffic.

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21. The developer shall notify the residents on the adjacent parcels to the west of the site on Cascade Drive, that the existing wood fence will be removed. The developer shall provide a copy of written communications and certified mail numbers to the Planning Department to the satisfaction of the Director of Planning.

22. The mailboxes shall be made of durable material and shall be installed in a manner that is resistant to vandalism and meets the requirements of the Post Office. The Post Office currently approves freestanding mailboxes that are F-series and wall -mounted boxes that are 4C series. The developer is responsible for contacting the Post Office for the type and location of the mailboxes within their development.

Any replacements of the mailboxes subsequent to the original installation shall be the responsibility of the developer, each individual homeowner and/ or the homeowners association, and the Post Office.

BUILDING AND SAFETY DEPARTMENT:

23. The applicant/ developer/ property owner shall comply with the latest adopted edition of the following codes as applicable:

A. California Building Code
B. California Residential Code
C. California Electrical Code
D. California Mechanical Code
E. California Plumbing Code
F. California Energy Code
G. California Fire Code
H. California Green Building Standards Code

24. The applicant/ developer/ property owner shall install an automatic fire suppression system, which is required in all new construction per FMC Chapter 11 Article II.

Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

25. The applicant/ developer/ property owner shall verify that any temporary building, trailer, commercial coach, etc. installed and/ or used in connection with a construction project complies with FMC Chapter 5 Article XIV.

26. The applicant/ developer/ property owner shall verify that all perimeter/ boundary walls are designed and constructed so that the outer/ exterior face of the wall is as close as possible to the lot line. In any case, the outer/ exterior face of the wall shall be within two ( 2) inches of the lot line. Distances greater than two ( 2) inches may be approved prior to construction by the Building Official on a case -by -case basis for extenuating circumstances.

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27. The applicant/ developer/ property owner shall have the tract map recorded prior to the issuance of any building permits.

28. The applicant shall comply with the following grading requirements:

A. Grading plans shall be submitted to and approved by Building & Safety. The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run- offs.

B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.

D. A recorded drainage acceptance agreement is required from adjoining property( s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drainage structures shall be one half ( 0.50) percent for concrete and one ( 1. 0) percent for all other, or as otherwise approved by the Building Official.

G. Drainage water shall not pass from an `improved' type of drainage structure to an `unimproved' type of drainage structure ( e.g., concrete swale to a dirt swale) unless otherwise approved by the Building Official.

H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.

The on - site drainage system shall, as a minimum, be designed to handle the run- off generated by a ten ( 10) year storm. Check for flooding of all on -site structures ( buildings) and all adjacent properties during a hundred ( 100) year storm.

I The grading plans shall, as a minimum, contain sections at all lot lines and/ or permit boundary lines. These sections shall clearly indicate:
i. The relationship between the proposed finished on -site grade elevations and the existing adjacent property grade elevations ( Indicate any additional drainage water that may come from an adjacent property.); ii. The ground cover/ finished surface material being proposed ( e.g., type of pavement, plant material, etc.);
iii. All proposed drainage structures;
iv. Any proposed and/ or required walls or fencing.

29. The applicant shall verify that all exterior lighting shall be oriented, directed, and/ or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

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PRIOR TO ISSUANCE OF BUILDING/ CONSTRUCTION PERMITS

30. The following items shall be completed and/ or submitted to Building & Safety — as applicable — prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector ENGINEERING DEPARTMENT:

31. The Project shall be served by the City' s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer.

32. The Applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on -site and off -site utilities. Completion of all undergrounding of on -site and off -site utilities is required by Section 27- 52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

33. The Applicant shall maintain all improvements and utilities within the public right- of- way, including street sweeping, prior to issuance of final certificate of occupancy by the City.

PRIOR TO ISSUANCE OF GRADING PERMIT

34. The Applicant shall submit and gain approval of a complete Water Quality Management Plan report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

PRIOR TO MAP RECORDATION

35. Applicant shall provide a Subdivision Improvement Agreement, with accompanying security. The agreement shall be executed on City -provided forms.

36. Applicant shall submit and execute a Maintenance Agreement for the ongoing maintenance for Cascade Drive ( Private Street) which will contain a public access easement.

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

37. The Applicant shall record All map' s, right- of-way dedications, easements, reciprocal access agreement as required for the development.

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38. The Applicant shall submit engineered improvement plans and obtain full approval.

All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/ or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

39. The Applicant/ Engineer to provide the City of Fontana with As Built/ Record Drawings for all public improvement plans.

40. The Applicant/ Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all survey monuments within the project limits and replace any existing survey monuments damaged or removed during construction.

41. The Applicant/ Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

42. The Applicant/ Landscape Architect shall provide a " Landscape Certificate of Compliance" certifying that the work has been designed, installed, and will be maintained in accordance with the City of Fontana' s Model Water Efficiency Landscape Ordinance ( Ordinance 1743, FCC Section 28).

43. All sewers shall be video inspected by applicant/ contractor. Sewer video shall include clean - out connection, clean - out to lateral segment, lateral, and main line.

Contractor performing the video inspection must have a NASSCO PACP, LACP, and MACP certification. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff with an accompanying full report. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

44. All storm drains shall be video inspected by applicant/ contractor. Storm drain video shall include main lines and laterals. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

45. The Applicant/ Engineer of Record shall submit a conforming copy of the recorded Memorandum of Agreement for the Water Quality Management Plan and Storm Water Best Management Practices transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

FIRE DEPARTMENT:

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46. Jurisdiction: The above referenced project is under the jurisdiction of the Fontana fire Protection District ( herein " Fire Department"). Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department.

47. Fire Access Road Width: Prior to map recordation, all fire access roadways shall be designed to meet the requirements for this development and shall be approved by the Fire Department. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty- six ( 26) foot unobstructed width and vertically to fourteen ( 14) feet six ( 6) inches in height. Buildings three ( 3) stories in height or more shall have a minimum access of thirty ( 30) feet unobstructed width and vertically to fourteen ( 14) feet six ( 6) inches in height. California Fire Code Chapter 5 & SBCoFD Standard A- 1.

48. Turnaround: An approved turnaround shall be provided at the end of each roadway one hundred and fifty ( 150) feet or more in length. Cul- de-sac length shall not exceed six hundred ( 600) feet; all roadways shall not exceed a 12% grade and have a minimum of nineteen ( 19) foot inside radius and a forty- five ( 45) foot outside radius for all turns. California Fire Code Chapter 5 & SBCoFD Standard A- 1.

49. Street Signs: Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site. California Fire Code Chapter 5 & SBCoFD Standard A- 2.

50. Fire Lanes: The applicant shall submit a site plan to the Fire Department for review and approval of all proposed signage and striping for all fire access roadways. All curbs adjacent to fire lanes shall be painted red and " No Parking, Fire Lane" signs shall be installed on public and private roads in accordance with approved standards. SBCoFD Standard A- 2.

51. Water System Residential: Prior to map recordation or lot line adjustment, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix B of the California Fire Code. A minimum of one new six ( 6) inch fire hydrant assembly with two ( 2) two and one half ( 2 1/2) inch and one 1) four ( 4) inch outlet ( 4" x2. 5" x2. 5") shall be provided. All fire hydrants shall be spaced no more than six hundred ( 600) feet apart as measured along vehicular travel - ways. California Fire Code Chapter 5 & SBCoFD Standard W- 2.

The Fire Flow for this project shall be: 1,500 GPM for a two- hour duration at 20 psi residual operating pressure. Fire Flow is based on a 1,650 Square Foot structure.

52. Hydrant Marking: Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W- 2.

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53. Water System Certification: The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the jobsite. California Fire Code Chapter 5.

54. Combustible Protection: Prior to combustibles being placed on the project site an approved paved roadway providing fire access and fire hydrants providing an acceptable fire flow shall be installed. California Fire Code Chapter 5.

55. Fire Sprinkler- NFPA # 13D: An automatic life safety fire sprinkler system complying with NFPA 13D and Fire Department standards is required. A fire sprinkler contractor shall submit three ( 3) sets of detailed plans with hydraulic calculations and manufacturer specification sheets to the Fire Department for approval. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9 & SBCoFD Standard F- 2.

56. Fire Extinguishers: Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. California Fire Code Chapter 9.

57. Residential Addressing: The street address shall be installed on the building with numbers that are a minimum of four ( 4) inches in height and with a one half ( 1/2) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street.

Where the building is fifty ( 50) feet or more from the roadway, additional contrasting four ( 4) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B- 1

58. Secondary Access: The development shall have a minimum of two points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCoFD Standard A- 1

59. Spark Arrestor: An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with Fire Department requirements. California Fire Code Chapter 6.

60. San Bernardino County Fire Standards: Items not directly called out on these Conditions of Approval, shall also adhere to currently adopted San Bernardino County Fire Standards and California Fire Code.

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DocuSign
Certificate Of Completion
Envelope Id: 6275341583634DD6B4EF4856A22027A3
Subject: Complete with DocuSign: PC Resolution 2023- 030. docx Source Envelope:

Document Pages: 27
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: ( UTC- 08: 00) Pacific Time ( US & Canada)
Record Tracking
Status: Original
10/ 12/2023 105: 53 PM
Signatures: 2
Initials: 0
Holder: Maria Torres
mtorres@fontanaca. gov
Signer Events Signature
Cathline Fort
cathl inefort@verizon. net
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 10/ 14/ 2023 102: 19 PM
ID: ad80c50c- ca7d- 40df- 879e- 65339c2f3674
Idilio Sanchez
idilio. ms@abscollision. co

PRESIDENT
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 8/8/2017 103: 02 PM
ID: c08a4011- f4e8- 46b0- alcb- 9233fcdb1d37
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Maria Torres
mtorres@fontanaca. gov
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Signature Adoption: Drawn on Device
Using IP Address: 75. 83. 120. 169
Signed using mobile
Signature Adoption: Drawn on Device
Using IP Address: 162. 233. 247. 103
Signature
Status
Status
Status
Status
Status
COPIED
Status: Completed
Envelope Originator:

Maria Torres
8353 Sierra Avenue
Fontana, CA 92335
mtorres@fontanaca. gov
IP Address: 192. 146. 186. 123
Location: DocuSign
Timestamp
Sent: 10/ 12/2023 105: 56 PM
Viewed: 10/ 14/2023 102: 19 PM
Signed: 10/ 14/2023 102: 20 PM
Sent: 10/ 14/2023 102: 20 PM
Viewed: 10/ 17/2023 103: 20 PM
Signed: 10/ 17/20231 03: 21 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 10/ 17/2023 103: 21 PM
Resent: 10/ 17/2023 103: 21 PM
123
Carbon Copy Events
Kathy Kasinger
Kkasinger@fontana. org
Records Coordinator
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 6/26/ 2023 112:01 PM
ID: 313ff663- c622- 41d0- ac8d- 292f7d782a66
Witness Events
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Completed
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Status
COPIED
Signature
Signature
Status
Hashed/ Encrypted
Security Checked
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Security Checked
Status
Electronic Record and Signature Disclosure
Timestamp
Sent: 10/ 17/20231 03: 21 PM
Viewed: 10/ 19/2023 108: 41 AM
Timestamp
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Timestamps
10/ 12/ 2023 105: 56 PM
10/ 17/ 20231 03: 20 PM
10/ 17/ 20231 03: 21 PM
10/ 17/ 20231 03: 21 PM
Timestamps
124
Electronic Record and Signature Disclosure created on: 2/2/ 2017 106: 54 AM Parties agreed to: Cathline Fort, Idilio Sanchez , Kathy Kasinger

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fontana ( we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc.

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PRIVATE STREET MAINTENANCE COVENANT AND AGREEMENT

This PRIVATE STREET MAINTENANCE COVENANT AND AGREEMENT (“Agreement”) is made and entered into as of ______________ (“Effective Date”) by and between Glen at Fontana Borrower, LLC, a Delaware limited liability company (“Developer”) and the City of Fontana, a municipal corporation of the State of California (“City”). The Developer and City may be referred to herein as the “Party” or collectively as the “Parties.”

RECITALS

A. Developer is the owner of certain real property located in the City of Fontana, County of San Bernardino, State of California as more particularly described in Exhibit A1 and depicted in Exhibit A2, attached hereto and incorporated herein by this reference (“Subject Property”).

B. Developer will construct, or will cause to be constructed, an extension of Cascade Drive across the Subject Property as more particularly described in Exhibit B1 and depicted in Exhibit B2, attached hereto and incorporated herein by this reference (“Cascade Extension”).

C. City has consented, through its approval of planning applications TTM 22-008 and DPR 22-059 (“Planning Applications”), that the Cascade Extension will remain a private street.

D. City has further required, through the Conditions of Approval (“Conditions”) for the Planning Applications, that Developer enter into this Agreement to provide for on-going maintenance of the Cascade Extension. Owner shall be solely responsible for costs of said maintenance.

E. The parties desire to set forth the standards for which the Cascade Extension shall be maintained.

AGREEMENT

1. Recitals. The Recitals are true, correct and incorporated by this reference as though fully set forth herein.

2. Term. The Term of this Agreement shall commence on the Effective Date and shall remain in effect in perpetuity unless otherwise terminated by City in writing.

3. Cascade Extension. The Cascade Extension shall remain open and available to public vehicular and pedestrian traffic at all times.

4. Private Improvements. Owner covenants and agrees to maintain in place the Cascade Extension improvements as permitted by the City under GRADE-24-00002 in perpetuity, except as revisions to the improvements may be approved by the City as evidenced by an issued building permit. Any future private improvements must comply with the City’s then current design and construction standards and practices.

5. Maintenance Obligations of Developer. Developer hereby covenants and agrees to maintain the Cascade Extension in good and operable condition at all times and in a manner equivalent to that of other similar public streets maintained by City and as further set forth in this Agreement. Maintenance standards shall include, but not limited to, the following:

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RECORDING REQUESTED BY AND MAIL TO: Fidelity National Title 2365 Northside Drive, Suite 600 San Diego, CA 92108 ATTN: Theresa Robertson WHEN RECORDED RETURN TO: City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Attn: Gia Kim, City Engineer APN: 0228-151-17, 18 & 19 128

a. Street Sweeping. Developer shall contract with City’s street sweeping contractor. Street sweeping shall occur every other week on a day selected by the City’s street sweeping contractor. Seasonal and special adjustments shall be made at the discretion of the City’s street sweeping contractor, on a case-by-case basis.
b. Asphalt Concrete Pavement: Developer shall cause potholes and any other damage to the asphalt, concrete and pavement of the Cascade Extension, and areas affected by such damage, to be repaired within forty eight (48) hours of an occurrence. Repairs shall be completed by a licensed professional and in full compliance with the standards set forth by the City. The affected area shall be restored to its original condition including any surroundings affected by the repair or initial damage. c. Re-slurry of Street: Developer shall cause the Cascade Extension to be re-slurred by or before every fifth (5) year anniversary of the Effective Date of this Agreement. The slurry shall be completed by a licensed professional and in full compliance with the standards set forth by City. Developer shall coordinate with the City of Fontana Engineering Department seven (7) business days prior to initiating the improvement. d. Re-surface of Street: Developer shall cause the street to be resurfaced by or before every twentieth (20) year anniversary of the Effective Date of this Agreement or as deemed necessary by the City. The resurfacing shall be completed by a licensed professional and in full compliance with the standards set forth by City. Developer shall coordinate with the City of Fontana Engineering Department seven (7) business day prior to initiating the improvement.
e. Repair of Curb & Gutter: Developer shall cause the curbs and gutters to be repaired within one (1) week of occurrence by a licensed professional and in full compliance with the standards set forth by City. The affected area shall be restored to its original condition including any surroundings affected by the repair or initial damage.
f. Driveway Approaches: Developer shall cause any driveway approaches to be repaired within two (2) weeks of damage. Repairs shall be made in accordance with the City’s then-current design and construction standards.
g. Concrete Sidewalk: Developer shall cause all concrete sidewalks to be repaired within two (2) weeks of damage. Repairs shall be made in accordance with the City’s then-current design and construction standards.
h. Drainage Inlets: Developer shall conduct annual inspections of all drainage inlets. Additional subsequent inspections are required after extreme weather events. If the inlet or surrounding materials are damaged repairs and replacements shall be made per approved plans by a licensed professional to bring the area back to its original condition and in accordance with the standards of the City. In the case of extreme weather conditions all drainage inlets will be inspected and cleared of debris collected. i. Access to Manholes: Developer shall inspect all manholes on a bi-annual basis, any deficiencies limiting access to manholes shall require the replacement of the respective materials per approved plans as provided by Developer in Building Permits. Any pavement disturbed in the process shall be restored to original condition.

6. Costs. All costs associated with Developer’s Maintenance Obligations herein shall be borne solely by Developer.

7. City Approval. All maintenance and improvements performed under this Agreement shall be subject to City approval.

8. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails to comply with the provisions of this Agreement, the City may deliver written notice to Developer identifying the specific defects regarding the Developer Maintenance Obligations outlined herein. Developer shall have such time as provided in Section 5 herein to remedy the specified defects, and if no timeframe is provided the Developer shall have thirty (30) calendar days from the date of the City’s notice, to correct the City’s concerns. If Developer cannot correct such defect within the timeframe provided under Section 5 or otherwise by this Section 8, then Developer shall be afforded a reasonable amount of additional time to correct such defects provided Developer commences corrective action within the timeframe specified under Section 5 or otherwise by this Section 8 and diligently pursues such correction.

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9. If Developer disagrees in good faith with City’s concerns, Developer shall notify City of such disagreement within five (5) calendar days of receipt of such notice and the parties shall discuss in good faith the City’s concerns and Developer’s disagreement with such concerns. Notwithstanding the foregoing, if City determines an emergency situation exists which must be remedied immediately, then City will provide written notice to Developer specifying the emergency situation and requiring that the emergency situation remedied within twenty-four (24) hours or City may remedy such emergency situation on its own and submit an invoice to Developer for immediate payment.

If Developer fails to correct the specific defects identified by the City within the time period set forth above, the City shall have the right to remedy those defects. The City may retain, at its election, its own contractors, Developer’s contractors or any other appropriate third party to remedy the defects identified by the City. Any costs incurred by the City shall be solely borne by the Developer. The City shall provide an invoice for the cost incurred and Developer shall remit payment to the City within thirty (30) days from receipt of the invoice. The Parties agree that any maintenance undertaken by the City under this Section 8 shall not terminate the maintenance obligation of Developer.

Notwithstanding the foregoing, the City retains the right to any collection remedies it may have according to law.

10. City’s Costs of Maintenance a Lien. If the City incurs costs in remedying Developer’s failure to maintain the Subject Property in accordance with Section 5, the City shall make a demand on the Developer for payment in accordance with Section 8. If Developer fails to pay the City within thirty (30) days of the date the demand was made, the City may make the costs a lien upon the real property as described in Exhibit A1 and depicted in Exhibit A2 by recording a notice that it has incurred expenses under the terms of this Agreement with the County Recorder of San Bernardino. The notice shall state that the City has incurred the costs under the terms of this Agreement and shall state the amount, together with a statement that such cost are unpaid, and that such costs draws simple interest at the rate of seven (7) percent a year until paid.

11. Grant of License. Developer grants the City a non-exclusive irrevocable license in, on, across and over the Subject Property for all purposes under this Agreement, including the City’s right to maintain the Cascade Extension pursuant to the terms and covenants set forth herein. The City shall have the right to enter upon the Subject Property for all such purposes under this Agreement. Nothing herein shall be deemed or construed to be a limitation upon the Developer’s right to use its property in any manner it deems acceptable, provided that those uses do not unreasonably interfere with the City’s rights as outlined herein.

12. Indemnity. The Developer agrees to indemnify, defend, protect and hold the City free and harmless from any and all loss, liability, claims, damages and expenses (including, but not limited to, attorneys’ fees and costs) (“Liabilities”) arising from the exercise of the City’s rights herein or from Developer’s failure to comply with the terms and covenants herein. As used herein and where applicable in this Agreement, the term “Developer” shall also include the Developer’s officers, officials, employees and agents.

13. Insurance of Developer. Before beginning any work under this Agreement, the Developer shall procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work consisting of the ongoing maintenance and any future improvements by the Developer and its agents, representatives, employees, and subcontractors. The Developer shall provide proof satisfactory to the City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Developer shall maintain the insurance policies required by this Section throughout the term of this Agreement and shall produce copies of said policies to the City upon demand. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

14. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given upon personal delivery or as of the second business day after mailing in the United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person as either party may designate:

City:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attention: Gia Kim
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Developer:

Glen at Fontana Borrower, LLC
Address: 550 N Larchmont Blvd. Suite 201, Los Angeles CA 90004

15. Recording. The Developer shall record this Agreement in the Office of the San Bernardino County Recorder.

16. Validity. If any one or more of the terms, provisions, covenants, or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

17. Headings. The titles or headings of the sections of this Agreement are not a part of the Agreement and shall have no effect upon the construction of or interpretation of this Agreement.

18. Binding Effect. This Agreement, and the terms, provisions, covenants, and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

19. Exhibits. All Exhibits attached and referred to in this Agreement are hereby incorporated herein as though fully set forth herein (and shall be deemed to be a part of this Agreement).

20. Waiver. The waiver by one Party of any breach by any other Party of any of the terms, provisions, covenants, and conditions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement.

21. Entire Agreement. This Agreement, including all exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

22. Compliance with Laws. The Developer shall each comply with all applicable laws, ordinances, codes, and regulations (collectively “laws”) of the federal, state, and local governments, including without limitation, any and all laws specified elsewhere in this Agreement.

23. Governing Law. This Agreement shall be governed by and in accordance with the laws of the State of California.

24. Venue. In the event that suit shall be brought by either Party to this Agreement, the Parties agree that venue shall be exclusively vested in the state courts of the County of San Bernardino.

25. Counterparts. This Agreement may be signed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. A copy, original or facsimile with all signatures appended together shall be deemed a fully executed Agreement.

26. Successor and Assigns. The Developer makes this Agreement on behalf of itself and its successors and assigns.

This Agreement shall run with the Subject Property and shall inure to the benefit of the City and be binding upon the Developer, future owners, and their heirs, successors and assignees, and shall continue in effect until the release of this Agreement by the City, in its sole discretion.

27. Authority to Execute. The individuals executing this Agreement and the instruments referenced herein each represent and warrant that they have the legal power, right and actual authority to bind their respective Parties to the terms and conditions hereof and thereof.

[SIGNATURES ON THE FOLLOWING PAGE]

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SIGNATURE PAGE TO

PRIVATE STREET MAINTENANCE COVENANT AND AGREEMENT
In witness thereof, the City has caused this Agreement to be executed as of the day and year first written above.

City of Fontana

By:

Matthew Ballantyne
City Manager
Glen at Fontana Borrower, LLC

By:

Matthew Livingston
Vice President
ATTEST:

By:

Germaine Key
City Clerk
APPROVED AS TO FORM:

By:

Ruben Duran
City Attorney

By : ________________________________
Phillip Burum, Deputy City Manager

By:_________________________________
Gia Kim
Director of Public Works/City Engineer

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CED\ 30712-0031\ 772529.2 5/2/2023 -7-
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 the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Notary Public (SEAL)

City Index No. 6288
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CED\ 30712-0031\ 772529.2 5/2/2023 -7-
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 the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Notary Public (SEAL)

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EXHIBIT A1

LEGAL DESCRIPTION FOR PROJECT BOUNDARY

THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

BEGINNING AT THE SOUTHWEST CORNER OF TRACT NO. 16724 AS FILED IN BOOK 316, PAGES 7 THROUGH 9 RECORDS OF SAID COUNTY, ALSO KNOWN AS THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°05’11” EAST, 660.16 FEET ALONG THE EAST LINE OF TRACT 12314 AS FILED IN BOOK 240, PAGES 3 THROUGH 10 RECORD OF SAID COUNTY; THENCE NORTH 89°51’30” EAST, 451.52 FEET ALONG THE NORTH LINE OF TRACT 18244 AS FILED IN BOOK 341, PAGES 10 THROUGH 15 RECORD OF SAID COUNTY; THENCE NORTH 00°07’42” WEST, 660.11 FEET ALONG THE WEST LINE OF TRACT 17389 AS FILED IN BOOK 335, PAGES 70 THROUGH 72 RECORD OF SAID COUNTY; THENCE SOUTH 89°51’55” WEST, 451.04 FEET ALONG THE SOUTH LINE OF TRACT 16724 AS FILED IN BOOK 316, PAGES 7 THROUGH 9 RECORDS OF SAID COUNTY TO THE TRUE POINT OF BEGINNING.

CONTAINING 297,910 SQUARE FEET OR 6.839 ACRES, MORE OR LESS.

SEE EXHIBIT “A2” ATTACHED HERETO AND MADE A PART HEREOF.

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EXHIBIT B1

LEGAL DESCRIPTION FOR CASCADE DRIVE

BEING A STRIP OF LAND 64 FEET WIDE LOCATED IN THE CITY OF FONTANA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID STRIP OF LAND CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 16724 AS FILED IN BOOK 316, PAGES 7 THROUGH 9 RECORDS OF SAID COUNTY; THENCE SOUTH 00°05’11” EAST, 143.90 FEET ALONG THE EAST LINE OF TRACT 12314 AS FILED IN BOOK 240, PAGES 3 THROUGH 10 RECORD OF SAID COUNTY TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°54’29” EAST, 358.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVING SOUTH; THENCE ALONG SAID CURVE HAVING A RADIUS OF 350.00 FEET, 46.09 FEET THROUGH A CENTRAL ANGLE OF 07°32’41” TO A POINT OF REVERSE CURVE HAVING RADIUS OF 350.00 FEET, 46.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°35’44” TO THE WEST LINE OF TRACT 17389, MORE OR LESS, AS FILED IN BOOK 335, PAGES 70 THROUGH 72 RECORDS OF SAID COUNTY.

CONTAINING 28,890 SQUARE FEET OR 0.663 ACRES, MORE OR LESS.

SEE EXHIBIT “B2” ATTACHED HERETO AND MADE A PART HEREOF.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3384 Agenda Date: 11/12/2024
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve and Authorize the City Manager to Execute Lytle Creek Road Exchange Agreement within the Ventana Specific Plan with the Developer (HDO4 LLC) RECOMMENDATION:

Approve and authorize the City Manager to execute Lytle Creek Road Exchange Agreement and all other necessary documents within the Ventana Specific Plan with HDO4 LLC.

COUNCIL GOALS:
· To promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On July 5, 2022, the City of Fontana’s Planning Commission recommended certification of the Supplemental Environmental Impact Report for the Ventana at Duncan Canyon Specific Plan Amendment Project (SCH No. 2021100400) (“Supplemental EIR), and approved MCN20-099R1, SP Amendment No. 21-001, and GP Amendment No. 21-006. On July 26, 2022, the City of Fontana’s City Council certified the Supplemental EIR and approved MCN20-099R1, SPA Amendment No. 21- 001, and GPA No. 21-006 within the Ventana Specific Plan.

The City owns fee title to a portion of a street named Lytle Creek Road, located south of Duncan Canyon Road within the City, as further described and depicted in Exhibit “A” and Exhibit “B” of the Lytle Creek Road Exchange Agreement.

Lytle Creek Road was acquired from the County of San Bernardino through an Annexation. Lytle Creek Road has not been used for ten (10) years and has had street barricades put up to prevent use. The Developer (HDO4 LLC) has dedicated a portion of property within the Ventana Specific Plan to the City for the purpose of relocating Lytle Creek Road from its current location. The relocated Lytle Creek Road now bisects the Ventana Specific Plan and has been subsequently renamed to John Previti Avenue. The City and Developer are now processing the Agreement to memorialize this exchange of Lytle Creek Road for the improvements and dedication of John Previti Avenue.

FISCAL IMPACT:

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

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File #: 21-3384 Agenda Date: 11/12/2024
Agenda #: F. Category: Consent Calendar
MOTION:

Approve staff recommendation.

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AGREEMENT REGARDING LYTLE CREEK ROAD EXCHANGE
This Agreement Regarding Lytle Creek Road Exchange (“Agreement”) is entered into as of November ___, 2024 (“Effective Date”), by and between the City of Fontana, a municipal corporation (“City”), and HDO4 LLC, a New Mexico limited liability company (“Land Owner”). City and Land Owner are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

R E C I T A L S
This Agreement is made and entered into with regard to the following facts, each of which is acknowledged as true and correct by the Parties to this Agreement:

A. Land Owner owns that certain real property commonly known as the Ventana Specific Plan (the “VSP Property”), which Land Owner purchased from the City on November 5, 2020, pursuant to a Disposition and Development Agreement, dated July 2, 2020 (the “DDA”).

B. Land Owner processed various entitlements through the City as related to the VSP Property under Master Case Number 20-099, including Specific Plan Amendment (SPA) No. 21-004, Tentative Parcel Map (TPM) No. 21-003, and Design Review (DR) No. 21-004 for site and architectural design for the proposed 257 multi-family attached units within Planning Area 6 of the Ventana Specific Plan, all of which were approved by the City Council on July 27, 2021, and under Master Case No. 20- 099R1, including General Plan Amendment (GPA) No. 21-006, and Specific Plan Amendment (SPA) No. 21-001 to amend land use designations for portions of the subject site (approximately 102 adjusted gross acres) from Medium Density Residential and General Commercial to Medium Density Residential, Multi-Family Medium/High General Commercial, and Regional Mixed-Use, all of which were approved pursuant to a certified Supplemental Environmental Impact Report (“SEIR”) under the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. (“CEQA”), on July 26, 2022 (each, an “Entitlement” and together, the “Entitlements”).

C. Lytle Creek Road starting from Duncan Canyon Road through its endpoint, at which there is no through access (“Lytle Creek Road”), is (i) currently owned or controlled by the City; and, (ii) runs adjacent to the VSP Property as described and depicted in Exhibit “A”.

D. After the City transferred legal title of the VSP Property to Land Owner, City and Land Owner agreed that Land Owner would dedicate a portion of the VSP Property to the City for the purpose of relocating the Lytle Creek Road from its current location. The relocated Lytle Creek Road now bisects the VSP Property and was subsequently renamed by the City to “John Previti Avenue” as depicted in Exhibit “B”.
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E. The Parties have agreed that Lytle Creek Road, which is adjacent to the VSP Property and is currently controlled by the City, shall be legally transferred by the City to Land Owner resulting in the incorporation of the same into the VSP Property. F. above shall occur by: (1) Cityquitclaim deed, in the form attached hereto as Quitclaim to transfer Lytle Creek Road; and (2) Quitclaim Deed with the County of San Bernardino days following the final execution of this Agreement. A G R E E M E N T NOW, THEREFORE, based on the foregoing Recitals, which are incorporated by reference as if fully set forth herein, the Parties hereto agree as follows: 1. Existing City Property Interests. City owns or controls Lytle Creek Road as shown in 2. Existing Land Owner Interests. Land Owner is the owner of certain real property located ) 1107-262-06 and 07, which are located adjacent to Lytle Creek Road. 3. Transfer of Lytle Creek Road. Within thirty (30) days of the final execution of this Agreement: (1) City shall execute the Quitclaim Deed; and (2) City shall record the Quitclaim Deed with . a. Proposed Lytle Creek Road Street Improvements. Commencing at a future date as determined by Land Owner and City, Land Owner shall, at its sole cost and expense, construct the full-width street improvements and landscaping for John Previti Ave. in accordance with the various Entitlements. Furthermore, the construction of the improvements shall be done in accordance with Article 4 of the DDA between City and Land Owner. 4. . Land Owner acknowledges, warrants, and represents that it is acquiring the Lytle 5. HCD Compliance and Proper Approvals. Land Owner and City agree that the transfer of Lytle Creek Road, as contemplated herein, shall be conditioned upon the City receiving a determination complies with the Surplus Land Act (Government Code Section 54220 et seq.), and that the City receives all necessary approvals, authorizations, consents, and authority from the City Council and Planning Commission to transfer Lytle Creek Road. 6. Counting Days. When counting days pursuant to any term of this Agreement, the first day shall not be included, and the last day shall be included. If the last day falls on a Saturday, Sunday, or holiday when the City is closed, the last day shall be deemed the first day after such Saturday, Sunday, or holiday, when the City is open for business. 142

7. Notices. If to Land Owner: c/o HDO4, LLC 2151 E. Convention Center Way, Suite 114 Ontario, CA 91764 Attn: Andrew Wennerstrom Telephone: (909)354-8010 [email protected] With Copy and Email To: Steven B. Imhoof, Esq. HDO4, LLC 2151 E. Convention Center Way, Suite 114 Ontario, CA 91764 (909) 354-8085 [email protected] If to City: City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Attn: Gia Kim, City Engineer Telephone: (909) 350-7613 [email protected] With a Copy to: Best Best & Krieger LLP 2855 E. Guasti Road, Suite 400 Ontario, CA 91761 Attn: Ruben Duran, City Attorney Telephone: (909) 989-8584 [email protected] 8. Integration; Modification; Waiver. This Agreement represents and contains the entire agreement and understanding among the Parties hereto with respect to the subject matter of this Agreement, as of the Effective Date, and supersedes any and all prior written and oral agreements and understandings. This Agreement may be amended or modified only through a writing executed by all the Parties. Neither the failure nor any delay on the part of a Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the waiving party. Notwithstanding the foregoing, except as specifically provided for herein, this Agreement is not intended to amend or modify any terms, conditions or obligations of the DDA. The Parties agree that, except as specifically provided herein, the DDA remains in full force and effect, and that this Agreement shall be subject to and governed by the terms of the DDA. 143

9. Governing Law and Venue. This Agreement shall be deemed executed and delivered within the State of California. The rights and obligations of the Parties hereunder shall be governed, construed and enforced in accordance with the laws of the State of California. The venue for any dispute arising from or related to this Agreement, its performance, and its interpretation shall be the Superior Court of California, County of San Bernardino. 10. Severability. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect, unless imposing the any remaining terms of the Agreement would deprive a Party of a material benefit or consideration under this Agreement. 11. No Presumption Against Drafting Party. This Agreement shall be construed as a whole according to its fair meaning, and not strictly for or against any Party. The Parties acknowledge that this Agreement documents a negotiated agreement and it shall not be construed or interpreted in favor of any 12. Further Assurances. From and after the Effective Date, the Parties shall cooperate in good faith with each other in taking such actions and executing such instruments as may be reasonably necessary to effectuate the purposes of entering into this Agreement and to perfect the rights granted hereunder. 13. Counterparts. This Agreement may be executed in any number of counterparts each of which shall be deemed an original and all of which shall constitute one and the same agreement, with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and reattached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. Duly executed signatures to this Agreement may be delivered by facsimile or e-mail, and signature pages delivered by such methods shall be deemed equivalent to, and of the same force and effect as, original signature pages. 14. Assignment. Land Owner shall have the right to freely assign this agreement, at its sole and absolute discretion, to a subsequent party provided assignee executes and delivers to City an assumption agreement assuming the rights and obligations of assignor set forth in this Agreement. (Signatures on Following Page) 144
SIGNATURE PAGE FOR AGREEMENT REGARDING LYTLE CREEK ROAD TRANSACTION IN WITNESS WHEREOF, City and Land Owner have entered into this Agreement as of the date first set forth hereinabove. CITY OF FONTANA By:________________________________ Matthew C. Ballantyne City Manager HDO4, LLC By:_________________________________ Richard Munkvold Chief Financial Officer 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 Director of Public Works/City Engineer 145
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Exhibit “A” Lytle Creek Road Alignment
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Exhibit “B”
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Exhibit “C”QUITCLAIM DEED
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RECORDING REQUESTED BY AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: NAME STREET ADDRESS CITY, STATE & ZIP CODE TITLE ORDER NO. ESCROW NO. SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY QUITCLAIM DEED APN:The undersigned grantor(s) declare(s): DOCUMENTARY TRANSFER TAX $ computed on full value of property conveyed, or computed on full value less liens and encumbrances remaining at time of sale. Unincorporated Area City of FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I (We) hereby remise, release and quitclaim to the following described real property in the City of ,County of State of California, with the following legal description: ______________________ Date _____________________________ __________________________ Signature of Grantor Signature of Grantor ______________________________ _________ Typed or Printed Name of Grantor Typed or Printed Name of Grantor 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. *There are various types of deed forms depending on each person’s legal status. Before you use this form you may want to consult an attorney if you have questions concerning which document form is appropriate for your transaction. STATE OF _________________________________ COUNTY OF _______________________________ On ___________________________________ before me, _________________________________________________________, (Date) (Name and title of the officer)personally appeared _______________________________________________________ _ , who proved to me on the basis of (Name of person signing) satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________________________________________Signature of officer (Seal) 155

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 SAN BERNARDINO )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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Sheet 2 of 7 City index No. 156

EXHIBIT A LEGAL DESCRIPTION LYTLE CREEK ROAD VACATION
SHEET 3 OF 7 CITY INDEX NO. 6246 M:\Mapping\1655\004\Legals\Lytle Creek Quitclaim Deed\1655-004 Lytle Creek Quitclaim Deed.docx THAT CERTAIN PORTION OF LYTLE CREEK ROAD IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED PER RELINQUISHMENT RECORDED FEBRUARY 5, 1979 IN BOOK 9615 PAGES 1084 AND 1085 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24 AS SHOWN ON PARCEL MAP NO. 20327 IN BOOK 258 PAGES 37 THROUGH 40, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID SECTION 24 AS SHOWN PER SAID PARCEL MAP SOUTH 89°21'51" WEST 1475.62 FEET TO THE SOUTHEASTERLY LINE OF PARCEL 4477 RECORDED MARCH 17 1975 IN BOOK 8636 PAGE 3 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE OF PARCEL 4477, SOUTH 00°38'03" EAST, 15.97 FEET AND SOUTH 53°47'30" WEST, 24.11 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET SOUTH FROM SAID NORTH LINE OF SECTION 24, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHEASTERLY LINE AS DESCRIBED IN SAID PARCEL 4477 AND AS DESCRIBED IN PARCEL 4423-1 RECORDED SEPTEMBER 10, 1976 IN BOOK 9009 PAGE 656 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THROUGH THE FOLLOWING COURSES: SOUTH 53°47'30" WEST 23.64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,033.11 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 56°54'22" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, 594.11 FEET, THROUGH A CENTRAL ANGLE OF 32°56'56"; THENCE SOUTH 66°02'34" WEST, 424.13 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,967.33 FEET; 157

EXHIBIT A LEGAL DESCRIPTION LYTLE CREEK ROAD VACATION SHEET 4 OF 7 CITY INDEX NO. 6246 M:\Mapping\1655\004\Legals\Lytle Creek Quitclaim Deed\1655-004 Lytle Creek Quitclaim Deed.docx THENCE SOUTHWESTERLY ALONG SAID CURVE, 305.10 FEET, THROUGH A CENTRAL ANGLE OF 05°53'28" TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE ALONG SAID WEST LINE NORTH 00°59'55" WEST, 68.30 FEET TO THE NORTHERLY LINE OF SAID LYTLE CREEK ROAD, AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,027.34 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 29°13'29" WEST; THENCE ALONG SAID NORTHERLY LINE AND SAID CURVE NORTHEASTERLY ALONG SAID CURVE, 248.29 FEET, THROUGH A CENTRAL ANGLE OF 04°41'57" TO THE SOUTHEASTERLY RIGHT OF WAY OF INTERSTATE 15 PER HARD COPY RIGHT OF WAY MAP NO. RW000096 AND AS SHOWN ON RECORD OF SURVEY NO. 16-064 IN BOOK 158 PAGES 50 THROUGH 56 INCLUSIVE, OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY OF INTERSTATE 15 THROUGH THE FOLLOWING COURSES: NORTH 74°26'13" EAST, 357.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 349.04 FEET; THENCE EASTERLY ALONG SAID CURVE, 177.15 FEET, THROUGH A CENTRAL ANGLE OF 29°04'49"; THENCE NORTH 45°21'24" EAST, 277.35 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,000.11 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 44°37'22" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE, 51.26 FEET, THROUGH A CENTRAL ANGLE OF 02°56'12"; THENCE NORTH 45°38'29" EAST, 93.83 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE AND ITS NORTHERLY PROLONGATION NORTH 00°38'00" WEST, 41.16 FEET TO SAID PARALLEL LINE LYING 30 FEET SOUTH OF SAID NORTH LINE OF SECTION 24; THENCE ALONG SAID PARALLEL LINE NORTH 89°21'51" EAST, 108.59 FEET TO THE TRUE POINT OF BEGINNING; 158

EXHIBIT A LEGAL DESCRIPTION LYTLE CREEK ROAD VACATION
SHEET 5 OF 7 CITY INDEX NO. 6246 M:\Mapping\1655\004\Legals\Lytle Creek Quitclaim Deed\1655-004 Lytle Creek Quitclaim Deed.docx THE ABOVE DESCRIBED PARCEL CONTAINS 57,731 SQUARE FEET OR 1.325 ACRES, MORE OR LESS. AS SHOWN ON PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN KURT R. TROXELL, P.L.S. 7854 DATE PREPARED: 8/29/2023 159
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3397 Agenda Date: 11/12/2024
Agenda #: G. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Accept Donation from Kaiser Permanente (Fresh, Fit & Fun Fair) RECOMMENDATION:

Accept donation from Kaiser Permanente in the amount of $2,500 for use towards 2024 Fresh, Fit, & Fun Fair.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by seeking community input. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The Community Services Department receives donations and sponsorships from many local companies to help support and enhance various programs, activities, and events. Kaiser Permanente donated $2,500 towards the 2024 Fresh, Fit & Fun Fair and is recognized as a Presenting Title Sponsor of this event.

FISCAL IMPACT:

The $2,500 was deposited into account 101.3511 for use in offsetting costs for the 2024 Fresh, Fit & Fun Fair.

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3399 Agenda Date: 11/12/2024
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Acceptance of Final Parcel Map No. 20456 for the Development of a Warehouse Facility at the Northwest Corner of Cypress Avenue and Slover Avenue and the Abandonment of a Certain Portion of Right-of-Way of Boyle Avenue
RECOMMENDATION:

1. Approve Final Parcel Map No. 20456, located on the north side of Slover Avenue between Oleander Avenue and Cypress Avenue.

2. Accept dedication of public streets and easements.

3. Authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right-of- way of Boyle Avenue.

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 March 21, 2024, the City of Fontana Planning Commission approved Tentative Parcel Map No. 20456 (TPM No. 21-007) and Design Review No. 21-013 to consolidate 22 parcels into one parcel of approximately 29.8 acres for the development of an industrial commerce center totaling approximately 623,460 square feet. The subdivider, Duke Realty Limited Partnership, has complied with the Conditions of Approval and dedicated the required streets and easements as a part of the project. The Parcel Map has been reviewed by the City Engineer and found to be substantially correct.

As a part of this Parcel Map, portions of excess road right-of-way on Boyle Avenue are no longer needed and will be abandoned. Pursuant to Section 66434(g) and Section 66499.20.2 of the Subdivision Map Act, the City Clerk must certify the abandonment of those certain portions of street right-of-way. The filing of this Parcel Map shall constitute an abandonment of those portions of the easements granted to the City of Fontana for street and public utility purposes. In accordance with City of Fontana Printed on 11/7/2024Page 1 of 2
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File #: 21-3399 Agenda Date: 11/12/2024
Agenda #: H. Category: Consent Calendar
the Subdivision Map Act, the Parcel Map is now being brought to the City Council for final approval.

FISCAL IMPACT:

This action will only approve the parcel map for recordation and authorize permits for the construction of the development, therefore, there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

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PARCEL MAP NO. 20456

CITY OF FONTANA, CALIFORNIA
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3408 Agenda Date: 11/12/2024
Agenda #: I. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Declaring Surplus Land- Property located 8572 Sierra Ave.

RECOMMENDATION:

1. Approve Resolution No. 2024-122, declaring that the City-owned property on (Assessor’s Parcel Number) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.

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

COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The City of Fontana acquired this parcel as part of the Downtown Revitalization Plan (Assessor’s Parcel Number 0191-274-33). The parcel, approximately 7200 square feet, is located 8572 Sierra Ave. Fontana, CA 92335.

By approving the attached Resolution, the City would declare this property as “surplus land,” under the Surplus Land Act and Government Code section 54221, and this parcel is no longer necessary for the City’s use.

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

The Surplus Land Act requires this right of first refusal in an effort to mitigate the state’shousing supply crisis. The City is also required to engage in “good-faith”property negotiations for at least 90- days on price and terms with any qualifying party that submits a qualified notice of interest. The City also has reporting and compliance obligations to the Department of Housing and Community City of Fontana Printed on 11/7/2024Page 1 of 2
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File #: 21-3408 Agenda Date: 11/12/2024
Agenda #: I. Category: Consent Calendar
also has reporting and compliance obligations to the Department of Housing and Community Development, who can impose penalties based on the ultimate sales price of the parcel, if the Surplus Land Act is not followed prior to disposition.

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

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

Approval of the attached resolution will allow the City to commence the Surplus Land Act process, by issuing the NOA to those entities statutorily entitled to receive it. The disposition of these properties will contribute to the City’s goals to encourage new development as part of the Downtown Revitalization Plan.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2024-122

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

CALIFORNIA, DECLARING THAT THE CITY OWNED PARCELS
KNOWN AS 8572 SIERRA AVENUE (ASSESSOR’S PARCEL NUMBER
0191-274-33) AS “SURPLUS LAND” PURSUANT TO THE SURPLUS
LAND ACT, GOVERNMENT CODE SECTION 54220 ET SEQ.;
APPROVING FORM OF NOTICE OF AVAILABILITY; AND

AUTHORIZING THE CITY MANAGER AND HIS DESIGNEE(S) TO TAKE

ALL ACTIONS NECESSARY TO COMPLY WITH THE SURPLUS LAND
ACT

WHEREAS, The City of Fontana owns the property known as 8572 Sierra Avenue (Assessor’s Parcel Number 0191-274-33) (“Parcel”) that is no longer necessary for the City’s use and should be declared as surplus property suitable for disposition; and

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

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

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

WHEREAS, the City Council has made findings that the Parcel is no longer necessary for the City’s use; and

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

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

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

Section 1. The City Council finds and declares that the City -owned Parcel (Assessor’s Parcel Numbers 0191 -274-274-33) is surplus and no longer necessary for the City’s use, in accordance with the Cali fornia Surplus Land Act (Government Code Section 54220 et seq.). The City Council bases this declaration on the following findings:

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 The City currently owns the property which is located at 8572 Sierra Avenue.  The property includes a building of approximately 6,000 square feet, which is currently vacant.
 The Parce l is located in an area of focus for the city’s revitalization efforts of downtown Fontana.
 Land uses in the area surrounding the Parcels will continue to shift in support of the overall economic revitalization plan.
 Under-utilization, maintenance, and operational cost as well as other liability issues makes it cost prohibitive to manage and maintain the property, which will prevent the parcel from being improved to its highest and best use.

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

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

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

APPROVED AND ADOPTED this 12th day of November, 2024.

READ AND APPROVED AS TO LEGAL FORM:

________________________________
City Attorney

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I, Germaine Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council of said City at a regular meeting held on the 12th day of November, 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

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November 12, 2024

To All Interested Parties:

RE: Notice of Availability/Offer to Sell Surplus Property

As required by Government Code Section 54220 of the State of California, The City of Fontana is providing notification that the City intends to sell or lease the surplus property listed in the accompanying table.

APN Address Approximate Parcel Size
0191-274-33 8572 Sierra Avenue Fontana, CA 92335 7,200

In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell or lease the property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you or other prospective bidders pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, or lease terms, the City may market the property to the general public.

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

In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to Linda Alonzo Management Analyst I, at 8353 Sierra Avenue Fontana, CA 92335. You may also direct your questions to [email protected] or by calling 909-350-6730.

Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234). 195
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3412 Agenda Date: 11/12/2024
Agenda #: J. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Amendment of the Conflict-of-Interest Code for the City of Fontana, Pursuant to the Political Reform Act of 1974
RECOMMENDATION:

Adopt Resolution No. 2024-123, of the City Council of the City of Fontana, California, adopting and approving the amended Conflict-of-Interest Code for the City of Fontana, Pursuant to the Political Reform Act of 1974.

COUNCIL GOALS:
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
· Create and maintain a dynamic team by ensuring commissions work within clear guidelines to achieve Council goals.

DISCUSSION:

The Political Reform Act of 1974, Government Code section 81000, et seq. (the “Act”),requires all public agencies to adopt and maintain a conflict-of-interest code. The Act further requires that agencies regularly review and update their codes as directed by the code reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). The City Council is the City’s code-reviewing body.

As the code-reviewing body, the City Council, on September 24, 2024, directed that the Code be reviewed and, if a change in the Code was necessary, that a revised Code be prepared and submitted to the City Council for final approval. During this bi-annual review, staff found that certain amendments to the Code are necessary.

Government Code Section 87303 provides that no code or amendment to a code shall be effective until it has been approved by the code-reviewing body.

Attached is a legislative (redlined) version and final version of the proposed amended Code. The proposed revisions include new positions that must be designated, revising titles of existing positions, revising disclosure categories, and deleting titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.

FISCAL IMPACT:

None.

City of Fontana Printed on 11/7/2024Page 1 of 2
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File #: 21-3412 Agenda Date: 11/12/2024
Agenda #: J. Category: Consent Calendar
MOTION:

Approve staff recommendation.

City of Fontana Printed on 11/7/2024Page 2 of 2
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RESOLUTION NO. 2024-123

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FONTANA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED

CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT OF 1974

WHEREAS, the State of California enacted the Pol itical Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Fontana (the “City”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and

WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which was amended on September 13, 2022, in compliance with the Act; and WHEREAS, subsequent change d ci rcumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a p ublic meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each affected designated employee and was publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on November 12, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.

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

Section 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying; Section 2. The said amended Conflict of Int erest Code shall become effective immediately after the date of its adoption and approval.

198
Resolution No. 2024-123

2 of 2
APPROVED AND ADOPTED this 12th day of November 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 of said City at a regular meeting thereof, held on the 12th day of November, 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

199

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-1- September 2022 November 2024

LEGISLATIVE VERSION
(SHOWS CHANGES MADE)

CONFLICT OF INTEREST CODE
OF THE

CITY OF FONTANA
200

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-2- September 2022 November 2024

CONFLICT OF INTEREST CODE FOR THE

CITY OF FONTANA
(Amended September 13, 2022 November 12, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulat ions section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Fontana (the “City”).

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the Deputy City Clerk as the City’s Filing Officer. The Deputy City Clerk shall retain the originals of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular b usiness hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The Deputy City Clerk, as the City’s Filing Officer, shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity tha t provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) 201

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-3- September 2022 November 2024

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF FONTANA
(Amended September 13, 2022 November 12, 2024)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public in vestments. 1 These positions are listed here for informational purposes only.

1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
202

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-4- September 2022 November 2024
Chief Financial Officer
Financial Consultants

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Accounting Manager 5
Administrative Analyst 5
Administrative Analyst (ALL) 5
Assistant Building Official 3, 5, 6
Assistant Engineer 2, 3, 5, 6
Assistant Park Planner 2, 3, 5
Assistant Planner 2, 3, 5
Associate Engineer 2, 3, 5, 6
Associate Planner 3, 5, 6
Budget Manager 4
Building Inspector 3, 5, 6
Building Inspector (ALL) 3, 5, 6
Building Official 3, 5, 6
Business License Technician 6
Buyer 4
203

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-5- September 2022 November 2024
Cable Production Specialist 5
AV Production Specialist 5
Chief Equipment Mechanic 5
Chief Financial Officer 4
City Attorney (not filing under Gov Code 87200) 1, 2
City Clerk 5
City Communications and Marketing Manager 5
Code Compliance Inspector 5, 6
Code Compliance Inspector (ALL) 5, 6
Community Improvement Program Manager 1, 2
Community Services Coordinator 5
Community Services Manager 5
Community Services Supervisor 5
Customer Service Supervisor 5
Deputy City Clerk 5
Deputy City Manager 1, 2
Deputy Finance Officer 5
Development Services Supervisor 5
Director of Building & Safety 5
Director of Community Services 5
Director of Engineering 2, 3, 5, 6
Director of Human Resources & Risk Management 5
Director of Information Technology 5
Director of Innovation & Technology 5
Director of Planning 5
Director of Public Works 2, 3, 5, 6
204

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-6- September 2022 November 2024
Economic Development Manager 1, 2
Economic Development Analyst 2, 5
Emergency Services Coordinator 5
Engineering Manager 2, 3, 5
Environmental Control Specialist 6
Environmental Control Supervisor 5
Facility Maintenance Supervisor 5
Fleet Maintenance Supervisor 5
GIS Administrator 5
GIS Analyst 5
Homeless Solutions Manager 5
Housing Development Manager 2, 3, 5
Housing Technician 2, 5
Human Resources Analyst (ALL) 5,7
Human Resources Specialist 5
Human Resources Technician 5
Information Technology Manager 5 4
IT Business Analyst 5
IT Business Analyst (ALL) 5
IT Customer Service Manager 5
IT Database Administrator 5
IT GIS Administrator 5
IT GIS Analyst 5
IT Infrastructure Manager 5
IT Network/Security Administrator 5
IT Project Administrator 5
205

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-7- September 2022 November 2024
IT Software Development Supervisor 5
IT Systems Administrator 5
Landscape Inspector 6
Landscape Project Coordinator 2, 3, 5
Landscape Technician II 2, 3, 5
Management Analyst 5
Management Analyst (ALL) 5
Marketing Communications Specialist 5
Network Administrator 5
Network/Security Administrator 5
Park Development Coordinator 2, 3, 5
Parks & Landscape Supervisor 5
Plan Check Engineer 3, 5, 6
Planning Inspector 2, 3, 6
Planning Technician 3, 5, 6
Plans Examiner 3, 5, 6
Plans Examiner (ALL) 3, 5, 6
Police Administrative Lieutenant 5, 6
Police Administrative Services Manager 5
Police Captain 5, 6
Police Chief 5, 6
Police Communications Supervisor 5
Police Lieutenant (ALL) 5, 6
Police Support Services Supervisor 5
Principal Planner 2, 3, 5, 6
Project Coordinator 2, 3, 5
206

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-8- September 2022 November 2024
Project Specialist 1, 2
Public Affairs Manager 5
Public Safety Administrator 5
Public Safety Systems Administrator 5
Public Works Director/ City Engineer 2, 3, 5, 6
Public Works Inspection Supervisor 3, 5, 6
Public Works Inspector 3, 5, 6
Public Works Inspector (ALL) 3, 5, 6
Public Works Manager 5
Purchasing Specialist 4
Purchasing Supervisor 4
Purchasing Manager 4
Records Coordinator 5
Revenue Operations Manager 5
Risk Manager 5, 7
Resources/Budget Officer 4
Senior Accountant 5
Senior Civil Engineer 2, 3, 5, 6
Senior Engineer 2, 3, 5, 6
Senior Civil Land Surveyor 2, 3, 5
Senior Landscape Planner 2, 3, 5, 6
Senior Planner 2, 3, 5, 6
Senior Plans Examiner 2, 3, 5, 6
Senior Traffic Engineer 2, 3, 5, 6
Software Development Supervisor 5
Supervising Accountant 5
207

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-9- September 2022 November 2024
Supervising Animal Services Officer 5
Supervising Code Compliance Inspector 5,6
Supervising Code Enforcement Inspector 5,6
Supervising Technical Engineer 5
Supervising Traffic Systems Specialist 5
Systems/Network Administrator 5
Traffic Engineering Technician 5, 6
Transportation Engineering Manager 2, 3, 5, 6
Utility & Streets Supervisor 5

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS
Oversight Board to Successor Agency 1, 2
Project Area Committee 1, 2
Successor Agency 1, 2
Consultants and New Positions2

2 Individuals serving as a consultant as defined in FPPC Reg. 18700.3(a) or in a new position must file under the broadest disclosure category set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to designate a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 208

October 2020 November 2024
PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, a re planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, subject to the regulatory,

3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
App. B-1-
209

October 2020 November 2024
permit, licensing application or other authority or entitlement of the designated position’s department, unit or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the City in the past 2 years, or have a claim pending before the City.

210

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-1- November 2024

CONFLICT OF INTEREST CODE
OF THE

CITY OF FONTANA
211

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-2- November 2024

CONFLICT OF INTEREST CODE FOR THE

CITY OF FONTANA
(Amended November 12, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 a nd the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Fontana (the “City”).

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the Deputy City Clerk as the City’s Filing Officer. The Deputy City Clerk shall retain the originals of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The Deputy City Clerk, as the City’s Filing Officer, shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) 212

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-3- November 2024

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF FONTANA
(Amended November 12, 2024)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public in vestments. 1 These positions are listed here for informational purposes only.

1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
213

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-4- November 2024
Chief Financial Officer
Financial Consultants

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Accounting Manager 5
Administrative Analyst (ALL) 5
Assistant Building Official 3, 5, 6
Assistant Engineer 2, 3, 5, 6
Assistant Planner 2, 3, 5
Associate Engineer 2, 3, 5, 6
Associate Planner 3, 5, 6
Budget Manager 4
Building Inspector (ALL) 3, 5, 6
Business License Technician 6
Buyer 4
AV Production Specialist 5
Chief Equipment Mechanic 5
Chief Financial Officer 4
City Attorney (not filing under Gov Code 87200) 1, 2
214

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-5- November 2024
City Clerk 5
City Communications and Marketing Manager 5
Code Compliance Inspector (ALL) 5, 6
Community Improvement Program Manager 1, 2
Community Services Coordinator 5
Community Services Manager 5
Community Services Supervisor 5
Customer Service Supervisor 5
Deputy City Clerk 5
Deputy City Manager 1, 2
Deputy Finance Officer 5
Development Services Supervisor 5
Director of Building & Safety 5
Director of Community Services 5
Director of Human Resources & Risk Management 5
Director of Innovation & Technology 5
Director of Planning 5
Economic Development Analyst 2, 5
Emergency Services Coordinator 5
Engineering Manager 2, 3, 5
Environmental Control Specialist 6
Environmental Control Supervisor 5
Facility Maintenance Supervisor 5
Fleet Maintenance Supervisor 5
Homeless Solutions Manager 5
Housing Development Manager 2, 3, 5
215

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-6- November 2024
Housing Technician 2, 5
Human Resources Analyst (ALL) 5,7
Human Resources Specialist 5
Human Resources Technician 5
IT Business Analyst (ALL) 5
IT Customer Service Manager 5
IT Database Administrator 5
IT GIS Administrator 5
IT GIS Analyst 5
IT Infrastructure Manager 5
IT Network/Security Administrator 5
IT Project Administrator 5
IT Software Development Supervisor 5
IT Systems Administrator 5
Landscape Inspector 6
Landscape Project Coordinator 2, 3, 5
Landscape Technician II 2, 3, 5
Management Analyst (ALL) 5
Marketing Communications Specialist 5
Park Development Coordinator 2, 3, 5
Parks & Landscape Supervisor 5
Planning Inspector 2, 3, 6
Planning Technician 3, 5, 6
Plans Examiner (ALL) 3, 5, 6
Police Administrative Services Manager 5
Police Captain 5, 6
216

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-7- November 2024
Police Chief 5, 6
Police Communications Supervisor 5
Police Lieutenant (ALL) 5, 6
Police Support Services Supervisor 5
Principal Planner 2, 3, 5, 6
Project Coordinator 2, 3, 5
Project Specialist 1, 2
Public Affairs Manager 5
Public Safety Systems Administrator 5
Public Works Director/ City Engineer 2, 3, 5, 6
Public Works Inspection Supervisor 3, 5, 6
Public Works Inspector (ALL) 3, 5, 6
Public Works Manager 5
Purchasing Specialist 4
Purchasing Supervisor 4
Purchasing Manager 4
Records Coordinator 5
Revenue Operations Manager 5
Risk Manager 5, 7
Resources/Budget Officer 4
Senior Accountant 5
Senior Civil Engineer 2, 3, 5, 6
Senior Engineer 2, 3, 5, 6
Senior Civil Land Surveyor 2, 3, 5
Senior Landscape Planner 2, 3, 5, 6
Senior Planner 2, 3, 5, 6
217

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
App. A-8- November 2024
Senior Plans Examiner 2, 3, 5, 6
Senior Traffic Engineer 2, 3, 5, 6
Supervising Accountant 5
Supervising Animal Services Officer 5
Supervising Code Enforcement Inspector 5,6
Supervising Technical Engineer 5
Supervising Traffic Systems Specialist 5
Systems/Network Administrator 5
Traffic Engineering Technician 5, 6
Transportation Engineering Manager 2, 3, 5, 6
Utility & Streets Supervisor 5

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS

Oversight Board to Successor Agency 1, 2
Project Area Committee 1, 2
Successor Agency 1, 2
Consultants and New Positions2

2 Individuals serving as a consultant as defined in FPPC Reg. 18700.3(a) or in a new position must file under the broadest disclosure category set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to designate a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 218

App. B-1- November 2024 PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, licensing application or other authority or entitlement of the designated position ’s department, unit or division.

3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)

219

App. B-2- November 2024

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the City in the past 2 years, or have a claim pending before the City.

220
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)