Fontana City Council
December 10, 2024

Tuesday, December 10, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Revised Agenda
Ord. No.1960 Reso. No. 2024-126
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 Revised Agenda December 10, 2024 Welcome to a meeting of the Fontana City Council.

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

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

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

PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

A. 12:30 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING

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

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
21-3448

2 City Council Meeting Revised Agenda December 10, 2024 Name of Case: LEONARDO ANGEL VEGA v CITY OF
FONTANA; JOHN R. GEARHEART et al.

CASE NO.: CIVSB2406036

3. 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; and Management/Confidential Employees.

4. 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): Police Officers Association.

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 14355 Foothill Blvd. APN # 0230-051-03
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Ara Tchaghlassian, Avant Real Estate, LLC
Under Negotiation: Price and Terms of payment

6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: Knox Avenue. APN#'s 0228-051-14 and
0228-051-15
City Negotiator: Ray Ebert, Deputy City Manager
Negotiating Party: Diversified Pacific Communities
Under Negotiation: Price and Terms of payment

7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 11109 Jasmine Street,. APN # 0238-111-53
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Ron Washle
Under Negotiation: Price and Terms of payment
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

3 City Council Meeting Revised Agenda December 10, 2024 A. Invocation/Pledge of Allegiance:

ELECTION RESULTS:

A. Adopt Resolution Certifying the Results of the General Municipal Election Held on Tuesday, November 5, 2024
21-3447
Adopt Resolution No. 2024-126 of the City Council of the City of Fontana, California, reciting the fact of the General Municipal Election consolidated with the Statewide General Election held on November 5, 2024, declaring the results and such other matters as provided by law, and adopting Ordinance No. 1962 as it pertains to Measure T.

Reso 2024-126 Certifying and Declaring Election Results.docx Certification_ElectionResults_2024-12-3.pdf
Report_SummaryResults_26_2024-11-05.pdf
Ord 1962.docx
Attachments:

B. Administration of Oaths of Office to Mayor Pro Tem Peter A .

Garcia and Council Member Jesus "Jesse" Sandoval
21-3458
RECESS (10-15 MIN)
SPECIAL PRESENTATIONS:

A. Special Presentations
A. A. Mayor Warren and City Council to recognize retiring Customer Service Supervisor, Harriet Myers (Community
Services Director, Daniel Schneider to present).

B. Mayor Warren and City Council to recognize, Sergeant Marc Gonzales and Brian McLane, Corporal Valerie
Gutierrez, Officers James Escarpe, Corey Garcia, Brandon Nicely, Victor Reyes, Justin Summers and Chris Wessman, Reserve Officers Spencer Brumbaugh and Ryan Starling
and Crime Analyst II Carynn Monto as October 2024
Employees of the Month. (Captain Burton to present).
21-3459
PUBLIC COMMUNICATIONS:

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

4 City Council Meeting Revised Agenda December 10, 2024 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 21-3449
Approve the minutes of the November 12, 2024, Regular City Council Meeting and the November 19, 2024, Special City Council Meeting.

City Council Meeting Minutes 11-12-2024.pdf
Special City Council Meeting 11-19-2024.pdf
Attachments:

B. Approve and Authorize the City Manager to Enter into an Agreement Regarding Installation of a Valve Automation
Facility within Veterans Memorial Park by Southern
California Gas Company
21-3234
Approve and Authorize the City Manager to Enter into an Agreement Installation of a Valve Automation Facility within Veterans Memorial Park by Southern California Gas Company; and Authorize the City Manager to execute any and all documents related to this Agreement.

Exhibit B1 and B2.pdf
Exhibit C1 and C2.pdf
Exhibit D.pdf
L6906 - Merrill - PhotoSim Exhibit_12-04-2024.pdf
SoCalGas Agreement for the grant of entitlements.

FINAL-c1.pdf
Permanent Easement Deed FOR SO CAL GAS.

FINAL-c1.pdf

TEMPORARY CONSTRUCTION LICENSE AND RIGHT OF
ENTRY AGREEMENT FOR SO CAL GAS.

FINAL(42949847.1)-c1.pdf
Attachments:

C. 2025 City Hall Holiday and City Council Meeting Calendar 21-3367 Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2025.
2025 City Council Meetings.pdf
2025 Calendar.pdf
Attachments:

5 City Council Meeting Revised Agenda December 10, 2024 D. Adopt the Updated Salary Table for the Non-Classified, Part-time Classifications and City Hall Bargaining Unit Due to Minimum Wage Increases
21-3394
Adopt Resolution No. 2024-127 a resolution of the City Council of the City of Fontana adopting the non-classified, part-time and City Hall Bargaining Unit salary tables to comply with minimum wage increases, effective January 1, 2025.

Minimum Wage & Salary Table Updates PT & CH

12.10.2024
Attachments:

E. Approve the Purchase of Glazing Improvements for Police Vehicles
21-3416

1. Authorize to procure glazing improvements for police vehicles utilizing the Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - by Another Public Agency using the North Carolina Sheriff ’s Association Contract 25-05-0829.

2. Approve the purchase in the amount of $266,153.45 from Dana Safety Supply, Inc. of Greensboro, NC for the safety equipment for the police vehicles.

Bid-25-05-0829-CAA-Dana-Safety-Supply.pdf
Fontana PD ISBI ballistic glass and door panels 2024 Ford PIU 543056.pdf
Fontana PD ISBI ballistic glass Door panels 2024 Chevy Tahoe's (10) 541627.pdf
Attachments:

F. Award a Construction Contract for the Pacific Electric Trail Canopy (Outdoor Fitness Zone Equipment) PW-24-251-CC
21-3422
Award bid and authorize the City Manager to execute a construction contract with A&R Tarpaulins, Inc. for the construction of the Pacific Electric Trail - Canopy (Outdoor Exercise Equipment) in the amount of $162,194.11 and authorize a 10% contingency in the amount of $16,219.41 (Bid No.

PW-24-251-CC).

PE Trail Shade Location.pdf
Proposed Fitness Zone.pdf
A & R Tarpaulins.pdf
Attachments:

G. Police Department Monthly Information Update 21-3441 Accept the Police Department monthly information update for September 2024.

September 2024 Report for City Council Rev.pptxAttachments:

6 City Council Meeting Revised Agenda December 10, 2024 H. Exclusive Negotiation Agreement (ENA) for property
located at 8425 Cypress Avenue.
21-3444
Approve an Exclusive Negotiation Agreement (ENA) between the City of Fontana, the Fontana Housing Authority and Slovene Partners LLC, a California limited liability company to facilitate future development of an affordable permanent housing project and authorize the Executive Director to execute the ENA; and any other related documents.

Slovene Hall ENA Final.docxAttachments:

I. A Resolution of the City Council of the City of Fontana Approving A Development Impact Fee Deferral Agreement
Between the City of Fontana and Aldea Fontana Foothill
LLC for the Aldea Legacy Apartments Multi-Family
Residential Housing Project and Authorize the City
Manager to Execute the Agreement and take certain
actions to complete the transaction.
21-3451
Adopt Resolution No. 2024-128, Approving a Development Impact Fee Deferral Agreement Between the City of Fontana and Aldea Fontana Foothill LLC for the Aldea Legacy Apartments Multi-Family Residential Housing Project and Authorize the City Manager to Execute the Agreement and take certain actions to complete the transaction.

Fontana - DIF Deferral Form Agreement - Aldea Fontana
Foothill LLC (15186 Foothill)-c1 (004).docx
Resolution Approving DIF Deferral Agreement Aldea
Fontana Foothill LLC-c1 (002).docx
Attachments:

J. A Resolution of the City Council of the City of Fontana Approving A Development Impact Fee Deferral Agreement
Between the City of Fontana and Casa Del Sol Investments, LLC for a Multi-Family Residential Housing Apartment
Complex Project and Authorize the City Manager to
Execute the Agreement and take certain actions to
complete the transaction.
21-3452
Adopt Resolution No. 2024-129, Approving a Development Impact Fee Deferral Agreement Between the City of Fontana and Casa Del Sol Investments, LLC for a Multi-Family Residential Housing Apartment Complex Project and Authorize the City Manager to Execute the Agreement and take certain actions to complete the transaction.

Fontana - DIF Deferral Form Agreement - 16427 Foothill
Blvd-c1.docx
Resolution Approving DIF Deferral Agreement Casa Del Sol Investments LLC-c1.docx
Attachments:

7 City Council Meeting Revised Agenda December 10, 2024 K. Co-Sponsorship Application Cycle Two (2) FY 2024/2025 21-3454 Review and approve the seven (7) Co-Sponsorship Applications recommended by the Parks, Community, and Human Services Commission for the 2024/2025 fiscal year (January 2025 through June 2025). These applications include City support and in-kind services in the amount of $26,050.00.

Attachment A Co-Sponsorship Policy.pdf
Attachment B_September24.pdf
Attachment C_Sept. '24.pdf
Attachment D w_out Revenue Loss_Sep '24.pdf
Attachment E September24.xlsx
Attachments:

L. Accept Donation from Bel-Air Swap-Meet, Inc. ( 2024
Festival of Winter)
21-3460
Accept donation from Bel-Air Swap-Meet, Inc. in the amount of $5,000 for use towards the 2024 Festival of Winter.
111924 Bel-Air Swap-Meet, Inc. (2024 Festival of
Winter).pdf
Attachments:

M. Accept Donation from Burrtec Waste Industries, Inc. ( 2024 Festival of Winter)
21-3472
Accept donation from Bel-Air Swap-Meet, Inc. in the amount of $2,500 for use towards the 2024 Festival of Winter.
112124 Burrtec Waste Industries, Inc. (2024 Festival of Winter).pdf
Attachments:

N. Option and Purchase and Sale Agreement for City owned property-14355 Foothill Blvd.
21-3462

1. Approve the Option and Purchase and Sale Agreement in the amount of $265,000 with Ava Property Investments, LLC for city owned land located at 14355 Foothill Blvd, more specifically described as APN # 0230-051-

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

Fontana-Option PSA Final 111124 (004).docxAttachments:

O. Fontana Community Senior Center Coffee /Juice Bar Lease Agreement
21-3464

1. Authorize the City Manager to enter into a lease agreement with Paperboy Roasting Company to offer food and beverage preparation and

8 City Council Meeting Revised Agenda December 10, 2024 retail services at the Fontana Community Senior Center; and

2. Authorize the City Manager to enter into any documents necessary to effectuate said agreement.

Paperboy Roasting Co. Lease Agreement.pdfAttachments:

P. Fontana 311 Support Services 21-3474

1. Award bid (IT-25-52-SP) and authorize the City Manager to execute a contract with StackNexus, Inc. for $346,000.

2. Authorize the City Manager to execute any future amendments to the StackNexus agreement.

Scoring Sheet for Fontana 311 Services.docx
StackNexus Response to IT-25-52-SP The City of Fontana - Salesforce Consulting Services.pdf
Attachments:

Q. Adopt Resolutions for the Administration and Examination of Records of the Local Transactions and Use Tax
(Measure T)
21-3477

1. Adopt Resolution No. 2024-131, authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration to implement a local transactions and use tax.

2. Adopt Resolution No. 2024-132, rescinding Resolution No. 2024-102 and authorizing examination of sales or transactions and use tax by city officials and an independent contractor.
03_City_Resolution to Execute Agreements_rev2017.doc
01_City_Preparatory Agreement_rev2024.doc
02_City_Administration Agreement_rev2024.doc
07_City_Updated Resolution For Examination of
Confidential Records.doc
Attachments:

R. Automatic License Plate Recognition (ALPR) from Flock Group Inc. for equipment and 60-month contract
21-3479

1. Authorize to procure Automatic License Plate Recognition (ALPR) utilizing the Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Single Source/Sole Source method.

2. Approve the purchase of the Flock Group Inc. (Flock Safety) ALPR equipment and software in the amount of $642,750.00.

3. Approve and authorize the City Manager or his assigned designee to approve the purchase and agreement for the Flock Group Inc. (Flock Safety).

9 City Council Meeting Revised Agenda December 10, 2024 City of Santa Monica Council 4-23-24.pdf
Fontana x Flock Safety ContractQuote (9.17.24).pdf
RFP City of Santa Monica.pdf
Attachments:

S. Purchase of First Responder Drones (DFR) for Public
Safety
21-3480

1. Authorize to procure First Responder Paladin Drones utilizing the Purchasing Policy and Procedure and Procedure Manual 3.1.5 Non-Competitive Proposal - Single Source/Sole Source.

2. Authorize the City Manager or his assigned designee to sign the agreement between the Paladin Drones Inc. and the Fontana Police Department for the total amount of $354,600.00.

3. Authorize the Chief of Police or his assigned designee to continue to renew the annual maintenance agreements as long as it remains in the best interest of the City of Fontana.

Sole Source Letter.pdf
Paladin Order and Agreement forms.pdf
Attachments:

T. Annual Report on Development Impact Fees 21-3485
Adopt Resolution No. 2024-133, of the City Council of the City of Fontana, approving the Annual Report on Development Impact Fees and making findings as to unexpended funds.

Development Impact Fees 2024 Resolution.doc
2024 Annual Report on Development Impact Fees.pdf
Attachments:

U. Acceptance of Energy Efficiency and Conservation Block Grant (EECBG) Funds
21-3486

1. Adopt Resolution No. 2024-134 , Accepting $230,640 of Energy Efficiency and Conservation Block Grant (EECBG) funds awarded to the City of Fontana by the U.S. Department of Energy.

2. Authorize the appropriation of the awarded funds to implement eligible energy efficiency and conservation projects.

3. Authorize the City Manager, or designee, to execute all necessary agreements, amendments, and documentation required to administer the grant.

EECBG Award Letter and Budget.pdf
DRAFT Resolution To Accept EECBG Funds.docx
Attachments:

10 City Council Meeting Revised Agenda December 10, 2024 V. 2024 City of Fontana Tree Policy Update 21-3359
Approve and adopt Resolution No. 2024-135, updating the City’s Tree Policy Manual
Fontana - Tree Policy Resolution- BBK Edits -

11.6.24-c1.docx
2024.12.10 Fontana - Tree Manual.docx
Attachments:

W. Implementation of Classification and Compensation Study and Approval of Tentative Agreements for the Teamsters
Local 1932, Public Works and City Hall Bargaining Units. 21-3453
Adopt Resolution No. 2024-130, a resolution of the City Council of the City of Fontana, California, ratifying the Tentative Agreement between the Teamsters Local 1932, Public Works and City Hall Bargaining Units and approving the updated corresponding salary tables.

Resolution Ratifying the TAs between the Teamsters Local 1932, Public Works and City Hall Units and Approving the Updated Salary Tables
Attachments:

X. Implementation of Classification and Compensation Study and Approval of Updated Terms of Employment for
Employees of the Management/Confidential Group.
21-3494
Authorize the City Manager to award future one-time payments of up to $2,000 per employee for Management/Confidential and Executive employees.

Updated Terms of Employment Summary for
Management/Confidential
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 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

11 City Council Meeting Revised Agenda December 10, 2024 (d) applicant comments (applicant not limited to 5 minutes) A. Introduce an Ordinance of the City Council of the City of Fontana, California, Pursuant to an Exemption from the
California Environmental Quality Act, Approving a
Development Agreement with Catalyst- Fontana, LLC,
concerning a retail cannabis business and direct staff to file a Notice of Exemption.
21-3443
Based on the information in the staff report and subject to the findings, conclusions, and resolution presented in the public hearing, staff recommends that the City Council read by title and waive further reading and introduce Ordinance No. 1960; and

1. Find, after review of the Development Agreement, that the project is EXEMPT from the California Environmental Quality Act (“CEQA”) , pursuant to State CEQA Guidelines Section 15301 (Existing Facilities) and direct staff to file a Notice of Exemption; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1960, an Ordinance of the City Council of the City of Fontana, California, Pursuant to an Exemption from the California Environmental Quality Act, Approving a Development Agreement with Catalyst - Fontana, LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption.

3. Approve an Operating Agreement with Catalyst - Fontana LLC, as required by FMC 33-21.

Attachment No. 1 Vicinity Map
Attachment No. 2 Ordinance and Development Agreement
Attachment No. 3 PC Package and Public Communication -

11.19.2024
Attachment No. 4 Minutes of PC 11-19-2024
Attachment No. 5 Notice of Exemption
Attachment No. 6 Public Hearing Notice
Attachments:

B. Master Case No. 24-067 and Municipal Code Amendment
No. 24-005: Fontana Municipal Code amendments to
Chapter 30 (Zoning and Development Code) including
modifications to density bonuses, entitlement extension approvals and minor administrative cleanup items,
restrictions on single-serving alcohol sales,
premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home
childcare facilities, permitted land uses in the Downtown 21-3450

12 City Council Meeting Revised Agenda December 10, 2024 Core, and Form-Based Code zoning district development
standards, pursuant to a categorical exemption in
accordance with CEQA Guidelines section 15060(c) and
15061(B)(3).

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

2. Read by title only and waive further reading of and introduce Ordinance No. 1961, an Ordinance of the City Council of the City of Fontana approving Master Case No. 24-067 and Municipal Code Amendment No. 24-005 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single-serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home childcare facilities, permitted land uses in the Downtown Core, and Form-Based Code zoning district development standards; and the reading of the title constitutes the first thereof.

Attachment No. 1 - Ord 1961
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - PC Minutes of 11-19-2024
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
Attachments:

C. Master Case No. 24-069: Specific Plan Amendment No . 24-002, a request to modify Chapter 5.6 (Nonconforming
Structures, Uses, and Lots) of the Southwest Industrial Park Specific Plan to allow legal nonconforming “Pallet Yards” to expand operations within existing sites in the Southwest Industrial Park Specific Plan, pursuant to a
categorical exemption in accordance with CEQA
Guidelines sections 15162 through 15164, and Section
15183.
21-3469

1. Determine that this Ordinance is categorically exempt pursuant to Sections 15162 through15164, and Section 15183 of the California Environmental Quality Act (CEQA) and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, it has been

13 City Council Meeting Revised Agenda December 10, 2024 determined that the previously certified Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089) has adequately identified the impacts associated with the Specific Plan Amendment (“proposed project”) and direct staff to File a Notice of Exemption;

2. Read by title only and waive further reading of and introduce Ordinance No. 1963, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment (SPA) No. 24-002 to amend the Southwest Industrial Park (SWIP) Specific Plan, Chapter 5.6 (Nonconforming Structures, Uses, and Lots) to allow expansions to legally established pallet yards within an existing site, and that the reading of the title constitutes the first reading thereof.

Attachment No. 1 - Ordinance for Specific Plan
AmendmentR.docx
Attachment No. 2 - Planning Commission Packet
11-19-2024
Attachment No. 3 - PC Minutes of 11-19-2024
Attachment No. 4 - Public Hearing Notice
Attachments:

D. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-3293

1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.

2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.

3. Adopt Resolution No. 2024-136, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Public Hearing Notice - Rubbish
Public Hearing Notice - Sewer
Public Hearing Notice - Weed Abatement
Weed Abatement Resolution December 2024
Attachments:

E. Continuation of the Public Hearing, Election, and
Resolutions on Formation of Community Facilities District No. 115M (Parcel Map No. 19156).
21-3478
Immediately after conducting a Public Hearing on the formation of the City of

14 City Council Meeting Revised Agenda December 10, 2024 Fontana Community Facilities District No. 115M, County of San Bernardino, State of California (the “District” or “Community Facilities District No. 115M”), staff recommends the City Council take the following actions in the following order:

1. Adopt Resolution No. 2024-137 , Establishing the City of Fontana Community Facilities District No. 115M and the Boundaries thereof ( the “Resolution of Formation”).

2. Adopt Resolution No. 2024-138 , Calling a Special Election and Submitting to the Voters of Community Facilities District No. 115M a Proposition Regarding the Annual Levy of Special Taxes within Community Facilities District No. 115M to Pay the Costs of Certain Services to be Provided by Community Facilities District No. 115M and a Proposition Establishing an Appropriations Limit for Community Facilities District No. 115M (the “Resolution Calling the Election”).

3. Conduct the Special Election.

4. Adopt Resolution No. 2024-139 , Declaring the Results of the Special Election for Community Facilities District No. 115M 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. 115M 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. 1964, Authorizing the Levy of a Special Tax within Community Facilities District No. 115M (the “Ordinance”).

Resolution of Formation
Resolution Calling Election
Resolution Declaring Election Results
Ordinance
CFD Report
Special Tax Change Report
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

15 City Council Meeting Revised Agenda December 10, 2024 A. Adjournment
Adjourn to the next Regular City Council Meeting on January 14, 2025 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

16 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3448 Agenda Date: 12/10/2024
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, December 10, 2024
12:30 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 12/6/2024Page 1 of 1
powered by Legistar™
17 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3447 Agenda Date: 12/10/2024
Agenda #: A. Category: Election Results
FROM:

City Clerk
SUBJECT:

Adopt Resolution Certifying the Results of the General Municipal Election Held on Tuesday, November 5, 2024
RECOMMENDATION:

Adopt Resolution No. 2024-126 of the City Council of the City of Fontana, California, reciting the fact of the General Municipal Election consolidated with the Statewide General Election held on November 5, 2024, declaring the results and such other matters as provided by law, and adopting Ordinance No. 1962 as it pertains to Measure T.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made. · Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.

DISCUSSION:

A General Municipal Election was held in the City of Fontana, California, on Tuesday, November 5, 2024, for the election of two members of the City Council (from Districts 2 and 3) and for City voters to consider a general tax ballot measure (Measure T).

As a result of the election, the following candidates were elected:
· Peter A. Garcia for City Council representing District 2 for a term of four years; · Jesus “Jesse” Sandoval for City Council representing District 3 for a term of four years.

Further, a majority of City voters did approve Measure T and it was, therefore, passed. Pursuant to Elections Code section 9217, Ordinance No. 1962 adding Article XI to Chapter 10 of the Fontana Municipal Code to enact a one percent (1%) General Transactions and Use tax (Sales Tax) shall be deemed adopted upon Certification of the Election where the majority of the eligible voters of the City of Fontana vote in favor, and shall take effect ten (10) days thereafter. Staff recommends that the City Council adopt the Resolution reciting the fact of the General Municipal Election as it pertains to Measure T, thereby adopting Ordinance No. 1962.

FISCAL IMPACT:

None
MOTION:

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18 File #: 21-3447 Agenda Date: 12/10/2024
Agenda #: A. Category: Election Results
Approve staff recommendation.

ATTACHMENTS

1. Resolution No. 2024-126 Certifying the Results of the General Municipal Election

2. Ordinance No. 1962 Adding Article XI to Chapter 10 of the Fontana Municipal Code

3. City of Fontana Certificate of the Canvass of the Election Results City of Fontana Printed on 12/5/2024Page 2 of 2
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19

RESOLUTION NO. 2024-126

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FONTANA, CALIFORNIA, RECITING THE FACTS OF THE

GENERAL MUNICIPAL ELECTION HELD ON TUESDAY,
NOVEMBER 5, 202 4, AND DECLARING THE RESULTS
THEREOF AS PROVIDED BY LAW.

WHEREAS, a regular General Municipal Election was held and conducted in the City of Fontana, California, on Tuesday, November 5, 2024, as required by law; and

WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; election officers were appointed and that in all respects said election was held and conducted and the votes cast there at, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and

WHEREAS, the San Bernardino County Registrar of Voters canvassed the returns of the election and has certified the results to the City Council, which are attached as “Exhibit A.”

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

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

Section 1. That the whole number of ballots cast in the precincts including vote - by-mail ballots and provisional ballots are detailed in the Official Canvass attached as Exhibit A.

Section 2. That the names of persons voted for at the election for the Office of Member of the City Council for District 2 for the full term of four (4) years are:

Peter A. Garcia

Section 3. That the names of persons voted for at the election for the Office of Member of the City Council for District 3 for the full term of four (4) years are:

Joe Armendarez
Jesus “Jesse” Sandoval
Gabriel Sanchez

Section 4. That the following local measure (Measure T) voted upon at the election is as follows:

20

Shall the measure providing funding for the City of
Fontana’s general government use, such as maintaining
911 response, fire/police protection; recruiting/retaining well-trained police officers; helping prevent property
crimes/thefts/burglaries; keeping public areas/parks
safe/clean; addressing homelessness; protecting local
drinking water sources; repairing streets/potholes by
establishing a 1% sales tax providing approximately
$46,000,000 annually until ended by voters; requiring
audits, spending disclosure, all funds locally controlled, be adopted?
YES
NO

Section 5. That the number of votes cast in each precinct, and the number of votes cast in the City for each of the persons above -named for the respective offices for which the persons were candidates, and for and against the Measure (s), are set forth in “Exhibit A,” which is attached hereto and incorporated herein by this reference.

Section 6. The City Council does declare and determine that as a result of the election:

1) Peter A. Garcia was elected as a Member of the City Council representing District 2 for the full term of four years;

2) Jesus “Jesse” Sandoval was elected as a Member of the City Council representing District 3 for the full term of four years;

3) A majority of voters voting on Measure T did vote in favor thereof, the Measure was carried, and it shall be deemed adopted and ratified.

Section 7. That the Deputy City Clerk shall enter on the records of the City Council of said City a statement of the result of said election, showing: (1) the whole number of votes/ballots cast in the City; (2) the names of the persons voted for; (3) the measure voted upon; (4) for what office each person was voted for; ( 5) the number of votes given at each precinct to each person, and for and against the measure; and (6) the total number of votes given to each person, and for and against the measure.

Section 8. That the Deputy City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the Deputy City Clerk and duly authenticated; that each person elected shall be administered the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribed thereto and file the same in the Office of the City Clerk. Whereupon each and all of said persons so elected shall be inducted into the respective office to which they have been elected.

Section 9. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not 21

a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 10. That the Deputy City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said City, and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.

Section 1 1. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 12. Effective Date. This Resolution shall become effective immediately.

APPROVED AND ADOPTED this 10th day of December 2024.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

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 at a regular meeting thereof, held on the 10th day of December 2024, by the following to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

22

Mayor of the City of Fontana

ATTEST:

City Clerk of the City of Fontana
23 24
25 26
27 ORDINANCE NO. 1962

AN ORDINANCE OF THE PEOPLE OF THE CITY OF FONTANA,
CALIFORNIA, ADDING ARTICLE XI TO CHAPTER 10 OF THE
FONTANA MUNICIPAL CODE TO ENACT A ONE PERCENT (1%)

GENERAL TRANSACTIONS AND USE TAX (SALES TAX) TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION

WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City of Fontana (“City”) is authorized to levy a Transactions and Use Tax for general purposes, subject to majority voter approval; and

WHEREAS, the People of the City desire to add Article XI to Chapter 10 of the Fontana Municipal Code establishing a general Transactions and Use Tax (“TUT”) until ended by voters, on the sale and/or use of all tangible personal property sold at retail in the City, at a rate of one percent (1%).

NOW, THEREFORE, THE PEOPLE OF THE CITY OF FONTANA DO
HEREBY ORDAIN AS FOLLOWS:

Section 1. Title and Text. This Ordinance shall be known as the “ Fontana General Transactions and Use Tax”, the full text of which is set forth in Attachment “1”, attached hereto and incorporated herein by reference.

Section 2. Approval by the City Council. Pursuant to California Government Code section 53724 and Revenue and Taxation Code section 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on July 9, 2024.

Section 3. Approval by the Voters. Pursuant to California Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Fontana voting at the General Municipal Election of November 5, 2024. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

Section 4. Operative Date. “Operative Date” for the Transactions and Use Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above.

Section 5. Severability. If any provision of this Ordinan ce or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

28 APPROVED AND ADOPTED this 5th day of November, 2024

READ AND APPROVED AS TO LEGAL FORM:

____________________________________
City Attorney

I hereby certify that the Fontana General Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Fontana on the 5th day of November, 2024.

____________________________________
City Clerk of the City of Fontana

_____________________________________
Mayor of the City of Fontana

ATTEST:

______________________________________
City Clerk

29 Article XI – GENERAL TRANSACTIONS AND USE TAX

Sections:
10-360 - Title.
10-361 - Purpose.
10-362 - Contract With State.
10-363 - Transactions Tax Rate.
10-364 - Place of Sale.
10-365 - Use Tax Rate.

10.366 - Adoption of Provisions of State Law.

10.367 - Limitations on Adoption of State Law and Collection of Use Taxes. 10-368 - Permit Not Required.
10-369 - Exemptions and Exclusions.

10.370 - Amendments.

10.371 - Enjoining Collection Forbidden.

10.372 - Duration of Tax

Sections:

10-360. – Title.

This ordinance shall be known as the “City of Fontana General Transactions and Use Tax Ordinance”. The City of Fontana hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City.

10-361. – Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

30 C. To adopt a retail transactions and use tax ordinanc e that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation fro m, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance t hat can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record -keeping upon persons subject to taxation under the provisions of this ordinance.

10-362. - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

10-363. - Transactions Tax Rate.

For the privilege of selling tangi ble personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent ( 1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in sa id territory on and after the operative date of this ordinance.

10-364. - Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivere d by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out -of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

31 10-365. - Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property pu rchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when suc h charges are subject to state sales or use tax regardless of the place to which delivery is made.

10-366. - Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

10-367. - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word “State” is used as a part of the tit le of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:

a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State 32 under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;

b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

10-368. - Permit not Required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this Ordinance.

10-369 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

33 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:

a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 400 0) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and

b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance.

2. Other than fuel or petroleum products pu rchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity 34 issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obl igated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collec t use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the orde r, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Uti lities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
35 10-370. - Amendments.

All amendments subsequent to the effective date of thi s ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Di vision 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.

10-371. - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

10-372. – Duration of Tax.

The tax imposed by this chapter shall continue until this ordinance is repealed.

36 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3458 Agenda Date: 12/10/2024
Agenda #: B. Category: Election Results
Oaths of Office
Tuesday, December 10, 2024
2:00 P.M.

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 12/5/2024Page 1 of 1
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37 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3459 Agenda Date: 12/10/2024
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, December 10, 2024
Council Chambers
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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38 File #: 21-3459 Agenda Date: 12/10/2024
Agenda #: A. Category: Special Presentation
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39 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3449 Agenda Date: 12/10/2024
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the November 12, 2024, Regular City Council Meeting and the November 19, 2024, Special 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 November 12, 2024, Regular City Council Meeting and the November 19, 2024, Special 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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40

City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, November 12, 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

41

WORKSHOP:

A. 12:00 P.M. City Council and Planning Commission Joint Workshop

The Joint Workshop meeting with the Planning Commission and City Council was held on Tuesday, November 12, 2024, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, CA 92335.

Mayor Warren called the meeting of the City Council to order at 12:03 p.m.

Planning Commission Vice-Chair Sanchez called the meeting of the Planning Commission to order at 12:03 p.m.

ROLL CALL:

City Council Members:

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

ABSENT: None

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

Planning Commission:

PRESENT: Vice -Chair Sanchez, Sec retary Quintana and Commissioner s Sangha and Thrasher

ABSENT: Chair Fort

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

Chair Fort arrived at 12:08 p.m.

City Clerk Key noted for the record that there were no public communication requests for this workshop.

1. FOOTHILL/SIERRA CORRIDOR

Deputy City Manager Phillip Burum introduced the item.

Senior Planner R ina Leung provided the staff report and provided background information on the Foothill/Sierra Corridor and entertainment overlay district.

Senior Planner Leung also discussed the three Entertainment Center nodes at key 42

intersections, along with the established and the permitted uses for each.

Beautification requirements for the Entertainment Center were discussed and examples of monument signage and public art themes were provided.

Mayor Pro Tem Garcia inquired about the reasoning behind the node locations being set up outside of the downtown corridor.

Deputy City Manager Burum explained that the nodes were designed to focus on key areas along Foothill Boulevard and Sierra Avenue, aiming to encourage expansive entertainment and food-related uses and establish destination points.

Council Member Cothran asked why the focus was solely on the Entertainment Center nodes and not Foothill Boulevard as a whole.

Deputy City Manager Burum stated that the Senate Bill 2 grant the City received addressed areas south of Foothill Boulevard and Sierra Avenue, which guided the focus.

Council Member Roberts expressed concern about restrictions on automotive uses at Sierra Avenue and Marygold Avenue, emphasizing the need to ensure the viability of existing auto-related businesses.

Mayor Warren agreed that further discussion on automotive uses was necessary.

Council Member Sandoval voiced concerns about the potential impact of the changes on small businesses.

Commissioner Ricardo Quintana asked how prohibited uses for each node were determined, specifically for Entertainment Node 3 at Foothill Boulevard and Cherry Avenue.

Senior Planner Leung explained the rationale behind the designated uses for each node, adding that adjustments could be made if needed.

Deputy City Manager Burum noted that the Foothill Boulevard and C herry Avenue node lacks the same traffic counts as other nodes.

Chair Fort raised concerns about restrictions on medical uses in one of the nodes.

Deputy City Manager Burum explained that the area already includes over 11,000 medical uses, primarily due to the presence of the Kaiser Permanente Medical Center.

Planning Commission Chair Fort inquired about Alcohol Beverage Control (ABC) permitting for restaurants.

Deputy City Manager Burum stated that the City aims to streamline ABC permitting through the Conditional Use Permit process.

Chair Fort r equested additional criteria for sit -down restaurants and a formalized process and guidelines for public art, monuments, and signage in the Entertainment Center.

43

Vice-Chair Sanchez suggested holding existing businesses to higher standards to promote growth rather than incentivizing relocation.

Deputy City Manager Burum noted that rising real estate prices might naturally displace certain auto-related businesses over time.

Mayor Warren emphasized the importance of fostering expansion within the area while adhering to established criteria.

2. MASTER STORM DRAIN PLAN (MSDP)

Senior Project Manager Rob Kilpatrick of David Evans and Associates provided the staff report on the MSDP update, d iscussed the need for the update and the structure of the MSDP , and presented an overview of the goals and objectives.

Engineering Manager Dave Hammer delivered an update on the detention basin policy.

3. FONTANA SEWER MASTER PLAN UPDATE

Senior Engineer Kris Danielson, Albert A. Webb Associates provided an overview of the Sewer Master Plan, covering the following key topics: Land Use and Population considerations , Planning and Design Criteria. Existing Facilities Description, Projected Wastewater Flows , System Hydraulic Model, and Capital Improvement Program (CIP).

Senior Engineer Danielson discussed model development and results, near -term and long-term CIP improvements, and proposed facilities.

Mayor Pro Tem Garcia asked about onsite water retention for two- acre projects and raised concerns regarding aesthetics.

Engineering Manager Dave Hammer explained that most retention sites are located underground.

Council Member Cothran inquired whether it would be more cost -effective to combine sewer and storm drain improvements in certain areas.

The City Council and Planning Commission reached a consensus to direct staff and consultants to incorporate the changes discussed during the workshop.

The Workshop was adjourned at 1:04 p.m.

CLOSED SESSION:

A. 1 P.M. CLOSED SESSION

The Closed Session meeting of the Fontana City Council was held in the Executive 44

Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, November 12 , 2024.

Mayor Warren called the meeting to order at 1:04 p.m., with all members 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: 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 As sociation and Management/Confidential Employees.

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 Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, November 12, 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

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.
45

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 .

SPECIAL PRESENTATIONS:

A. Special Presentations

1. Mayor Warren and the City Council swore-in new San Bernardino County Firefighters., Alex Lee, Elijah Arrington, and Jordan Wilson.

2. Mayor Warren and the City Council recognized Fontana resident Kyree King for representing the United States in the men’s 4x100 relay team at the Paris 2024 Olympic Games.

3. Troy Ament, Associate Superintendent of Administrative Services and Emergency Operations at Chaffey College, provided an update on their new Fontana Campus.

Mayor Pro Tem Garcia exited the meeting at 2:33 p.m.

PUBLIC COMMUNICATIONS:

A. Public Communications

Frank Atry expressed concerns about the meeting start time. Also, voiced concerns about the discouragement of profane language and name-calling during public communications.

Theresa expressed concerns about transients along Alder Street and panhandling in residential areas and near the 7- Eleven convenience store. Also Reported an incident involving a transient who nearly assaulted a minor and harassed her. Last, she noted challenges with using the Fontana 311 system due to the inability to provide a specific physical address for incidents.

Marina Caballero expressed concern with a proposed cannabis dispensary located near her neighborhood.

Jose Caballero expressed concern with a proposed cannabis dispensary located near his neighborhood.

CONSENT CALENDAR:

Prior to the motion being made, Council Member Sandoval stated that he would be voting No on Consent Calendar Items “H,” “I,” and “N.”

46

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed by a vote of 4 -0 to approve Consent Calendar Items “A-R” with Council Member Sandoval voting No on Items “H,” “I,” and “N.” The motion carried by the following vote: AYES: Warren , Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
A. Approval of Minutes 21-3409
Approve the minutes of the October 22, 2024, Regular City Council Meeting.

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

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

D. Adopt a Resolution Summarily Vacating Portions of Lytle Creek 21-3301 Road within the Ventana Specific Plan
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.

E. Acceptance of Final Map for Tract No. 20580 and Authorize the 21-3333 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

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 Subdivision Improvement Agreement with the subdivider; and

3. Approve 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, 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.

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

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

H. Acceptance of Final Parcel Map No. 20456 for the Development 21-3399 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

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.

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.

J. Amendment of the Conflict-of-Interest Code for the City of 21-3412 Fontana, Pursuant to the Political Reform Act of 1974
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.

K. Storm Drain Development Impact Fee Credit Agreement related 21-3421 to Ventana Specific Plan with HDO4, LLC
Approve Storm Drain Development Impact Fee Credit Agreement related to Ventana Specific Plan with HDO4, LLC.

48

L. Approve the Final Change Order with California Professional 21-3424 Engineering for the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE-22)
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).

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

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 21-3431 Enhancements in Key Transit Corridors
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.

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.

P. Award bid for 17133 Valley Blvd Improvements - The Path (BID 21-3436 PW-25-45-SB)...End
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.

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

1. Authorize the Fontana Housing Department to apply for the 2024 San Bernardino County Housing and Homelessness Incentive Program (HHIP).
49

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 21-3379 Reader Board Replacement

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.

PUBLIC HEARINGS:

A. Municipal Code Amendment (MCA) No. 24-006: Consideration 21-3366 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

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.”

Associate Planner Cecily Session-Goins provided the staff report.

Mayor Warren opened the public hearing.

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

50

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

City Attorney Duran advised the Council that Urgency Ordinance No. 1959 required a 4/5 vote to pass.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed by a vote of 4 -0 to approve Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren , Cothran, Roberts, and Sandoval; NOES:

None; ABSTAIN: None; ABSENT: Garcia

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

City Manager Matt Ballantyne thanked Council Member Sandoval, San Bernardino County Supervisor Jesse Armendarez, and Adam Perez for their support of the recent Veterans Day Celebration, as well as all veterans who serve the country.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

City Clerk Key congratulated Kyree King on his Olympic accomplishments and welcomed the newly sworn-in firefighters. Expressed satisfaction with the progress on the Fontana Campus at Chaffey College. Wished everyone a Happy Thanksgiving.

City Treasurer Koehler -Brooks congratulated all students who participated in and won the Dr.

Charles Koehler Writing and Art Contest honoring veterans. Extended congratulations to the newly sworn-in San Bernardino County firefighters.

Council Member Cothran encouraged residents to remove wind chimes during high wind events.

Mayor Warren recommended informing residents about securing trash can lids and other items during high wind events through the City newsletter or advisory letters.

Council Member Sandoval thanked Amazon for sponsoring the Veterans Day Celebration.

Suggested improving logistics for future essay contests. Shared insights from a Veterans Day luncheon and proposed using it as a model for next year's event. Requested City Manager Ballantyne to explore collaborating with the Fontana Unified School District to install higher fences to keep transients off the Fontana Middle School campus.

Council Member Roberts congratulated the newly sworn-in San Bernardino County firefighters.

Discussed the recent Veterans Day Celebration.

51

Mayor Warren addressed comments regarding statement read at each meeting about not

using profane or offensive language during pubic comments and the meeting start time.

Discussed the City's efforts and progress towards addressing homelessness and her representing the City on the County Interagency Counci l on Homelessness (ICH). Also thanked staff for their efforts with addressing homelessness throughout the city.

Also recognized staff for organizing the Veteran's Day Celebration and the pinning ceremony for Vietnam veterans organized by Congresswoman Norma Torres. Recognized all of those who served the country. Thanked the firefighters sworn in at today’s meeting and encouraged all to pray for Ventura citizens affected by the recent wildfires and congratulated Olympian Kyree King on his accomplishments. Thanked all who attended the recent Mayor's Gala in support of the Boys and Girls Club and wished all a Happy Thanksgiving.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 3:13 p.m. to the Special City Council Meeting on Tuesday, November 19, 2024, at 12:00 p.m. at the Jesse Turner Community Center at 15556 Summit Avenue, Fontana, California.

_____________________
Christina Rudsell, CMC
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON DECEMBER 10, 2024.

_______________________
Germaine Key
City Clerk

52

City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Thursday, November 19, 2024

12:00 PM

City of Fontana
Jesse Turner Community Center
15556 Summit Avenue
Fontana, CA 92336

Special City Council Meeting

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

53

CALL TO ORDER/ROLL CALL:

A. 12:00 P.M. Call To Order/Roll Call:

The Special Meeting of the Fontana City Council was held in the Jesse Turner Community Center, 15556 Summit Avenue, Fontana, CA 9233 6, on Tuesday, November 19, 2024. Mayor Warren called the meeting to order at 12:30 P.M.

ROLL CALL:

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

ABSENT: None

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

PUBLIC COMMUNICATIONS:

A. Public Communications:

There were no public communications received.

WORKSHOP:

A. City Council Workshop: Goal Setting (Executive Management Team to present).

The City’s Vision, Mission Goals and Objectives were discussed.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 2:30 p.m. to the Regular Meeting on Tuesday, December 10, 2024, at 2 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell
Deputy City Clerk
54

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON DECEMBER 10, 2024.

_______________________
Germaine Key
City Clerk

55 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3234 Agenda Date: 12/10/2024
Agenda #: B. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

An Agreement Regarding Installation of a Valve Automation Facility within Veterans Memorial Park by Southern California Gas Company.

RECOMMENDATION:

Approve and Authorize the City Manager to Enter into an Agreement Installation of a Valve Automation Facility within Veterans Memorial Park by Southern California Gas Company; and Authorize the City Manager to execute any and all documents related to this Agreement.

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:

In 2011, the California Public Utilities Commission (CPUC) ordered all natural gas transmission operators in the State of California to develop an Implementation Plan to achieve the goal of orderly and cost-effectively testing or replacing all natural gas transmission pipelines in their system that have not been pressure-tested. As a result, the Pipeline Safety Enhancement Plan (PSEP) was established to promote the continued safety and integrity of natural gas transmission pipelines.

As part of implementing the PSEP, Southern California Gas Company (SCGC) identified an existing valve and blowdown assembly located in Merrill Avenue between Mango Avenue and Palmetto Avenue to be upgraded. The proposed upgrade will provide Automatic Shut-Off Valve/Remote Control Valve capabilities through the installation of a new actuator encompassed by a new vault and related facilities. Furthermore, two blowdown assemblies will be installed. Two new vaults will be installed to gain access to the blowdown assemblies.

The existing valves and blowdown assembly located in Merrill Avenue will be removed and the new automated valves and blowdown assemblies will be constructed within Veterans Memorial Park in the location shown on Exhibit “B2” of the agreement. The new facility will be enclosed by a retaining wall and wrought iron fence.

The agreement describes the type, use, and location of easements and construction license City of Fontana Printed on 12/5/2024Page 1 of 2
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56 File #: 21-3234 Agenda Date: 12/10/2024
Agenda #: B. Category: Consent Calendar
necessary for SCGC to build, maintain, and operate the new facility:
· Exclusive Easement for permanent SCGC facilities within the fenced area as described and shown on Exhibits “B1” and “B2”.
· Non-Exclusive Easement for SCGC transmission pipe located between Merrill Avenue and the new permanent SCGC facility as described and shown on Exhibits “B1” and “B2”. · Temporary Construction License and Right of Entry for construction of permanent SCGC facility as described and shown on Exhibits “C1” and “C2”.

Two palm trees shall be removed as shown in Exhibit “D” of the agreement. The agreement includes an appraisal of the land to be encumbered by the easements as described above. In exchange for the rights to use the City owned property for Exclusive, Non-Exclusive and Temporary uses, SCGC shall compensate the City for the amount of $59,662.

FISCAL IMPACT:

The agreement results in Southern California Gas Company fairly compensating the City in exchange for exclusive, non-exclusive, and temporary rights on City property, therefore, there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 12/5/2024Page 2 of 2
powered by Legistar™
57 EXHIBIT B1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE;THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;CONTAINING 2,861 SQUARE FEET MORE OR LESSAREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;CONTAINING 179 SQUARE FEET MORE OR LESS 58 AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET;THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;CONTAINING 266 SQUARE FEET MORE OR LESSSEE PLAT ATTACHED AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 59 L5L6L7L8L9L12L10L13L11L1L2L3L4
EXHIBIT "B"

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Line TableLine #
L5L6L7L8
Length

12.07'8.53'12.86'30.33'
Direction
S44° 42'01"WN89° 28' 01"ES00° 31' 59"EN44° 42' 01"E
L1L2L3L433.00'86.70'33.00'86.70'N00° 31'59"WS89° 28' 01"WS00° 31' 59"EN89° 28' 01"E Line TableLine #
L12L13L10L11L9Length

11.97'21.10'11.97'21.10'21.50'Direction
S45° 17' 59"EN89° 28' 01"EN45° 17' 59"WN89° 28' 01"ES89° 28' 01"WLegendINDICATES PROPOSEDNON-EXCLUSIVEEASEMENT EXHIBIT B2
60 EXHIBIT C1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALF OF LOT 557SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OF MAPS RECORDS OF THECOUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.+COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTH AND MANGOAVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 629.96 FEET; THENCE LEAVING SAIDCENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUEALSO BEING THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 295.54 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE SOUTH 00°31'59" EAST 50.00 FEET LEAVING SAID SOUTHERLY RIGHT OF WAY;THENCE SOUTH 89°28'01" WEST 225.22 FEET PARALLEL TO SAID SOUTHERLY RIGHT OF WAY;THENCE SOUTH 00°31'59" EAST 32.75 FEET;THENCE SOUTH 89°28'01" WEST 40.00 FEET;THENCE NORTH 00°31'59" WEST 32.75 FEET;THENCE SOUTH 89°28'01" WEST 30.75 FEET;THENCE NORTH 00°31'59" WEST 50.00 FEET TO THE POINT OF BEGINNING;EXCEPTING THE AREA1, AREA2 AND AREA3 DESCRIBED AS FOLLOWS.BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE; 61 EXHIBIT C1
THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;AREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET; 62 THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;APPROXIMATE AREA 12,662 SQ. FT/ 0.29 ACRESEE PLAT ATTACHED AS EXHIBIT "C2" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 63 EXHIBIT C2
LegendINDICATES CELL TOWER ACCESSEASEMENTINDICATES TEMPORARY RIGHT OFENTRY 64 GG

WWWWWWWWWWWWW

W W W W W W W W W W W W

FOR INFORMATIONALPURPOSES ONLY
660 South Figueroa St, Suite 1900Los Angeles, CA 90071A Kleinfelder Company 65 FOR INFORMATIONALPURPOSES ONLY
660 South Figueroa St, Suite 1900Los Angeles, CA 90071(213) 458-7420www.gtsinc.us © 2021 GOOGLE
© 2021 GOOGLE
66 FOR INFORMATIONALPURPOSES ONLY
660 South Figueroa St, Suite 1900Los Angeles, CA 90071(213) 458-7420www.gtsinc.us © 2021 GOOGLE
© 2021 GOOGLE
67 GRANT OF TEMPORARY CONSTRUCTION LICENSE, RIGHT OF ENTRY

AGREEMENT, PERMANENT EASEMENTS AND TREE REMOVAL

THIS GRANT OF A TEMPORARY CONSTRUCTION LICENSE, RIGHT OF ENTRY AGREEMENT, PERMANENT EASEMENTS AND TREE REMOVAL (this “Agreement”) dated for reference purposes as of _____________, is entered into by and between the Fontana Public Financing Authority, a California joint powers agency (“FPFA”), and Southern California Gas Company, a California corporation (“SoCalGas”).

RECITALS
A. FPFA is the owner of certain unimproved real property located in the City of Fontana, State of California, identified with Assessor Parcel Number 0194-041-29 consisting of approximately 11.03 acres (480,466 square feet) as more particularly described in Exhibit A1 and depicted in Exhibit A2, attached hereto and incorporated herein by reference.

B. Assessor Parcel Number 0194-041-29 includes the following locations:

1. Certain unimproved real property consisting of approximately 0.066 acres (2,861 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 1”),attached hereto and incorporated herein by reference.

2. Certain unimproved real property consisting of approximately 0.004 acres (179 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 2”),attached hereto and incorporated herein by reference.

3. Certain unimproved real property consisting of approximately 0.006 acres (266 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 3”),attached hereto and incorporated herein by reference (Areas 1-3 together maybe referred to herein as the “Property”).

4. Certain unimproved real property consisting of approximately .0291 acres (12,662 square feet), as more particularly described in Exhibit C1 and depicted in Exhibit C2 (“Abutting Property”),attached hereto and incorporated herein by reference.

C. SoCalGas has requested from FPFA, a permanent exclusive easement in Area 1, a permanent non-exclusive easement on Area 2 and Area 3 (Areas 1 through 3 together maybe referred to herein as the “Property”), a temporary construction easement for the Property, a right of entry to FPFA’s Abutting Property, and to permanently remove two palm trees from the Property to construct and maintain a permanent valve station on the Property.

D. By way of that certain Easement Deed attached hereto as Attachment 1 and that certain Temporary Construction License and Right of Entry Agreement attached hereto as Attachment 2, FPFA wishes to grant to SoCalGas, a permanent exclusive easement in Area 1 and a permanent non-exclusive easement on Area 2 and Area 3 (the “Easement Deed” is attached hereto and incorporated herein by this reference as Attachment 1 ), a temporary construction license for the Property and a right of entry to FPFA’s Abutting Property (the “Temporary Construction License and Right of Entry Agreement” is attached hereto and incorporated herein by this reference as Attachment 2 ), and by way of this instrument the right to permanently remove two palm trees from the Property to construct and maintain a permanent valve station on the Property.
68 2

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is illustrated herein, and with reference to the foregoing Recitals, FPFA and SoCalGas hereby agree as follows:

1. Purpose. The purpose of the Agreement is to provide the terms and conditions in which FPFA will grant the following: right to remove two palm trees from the Property, temporary construction license, right of access and easement interests, in and over certain portions of the Property in favor of or on behalf of the public for the purposes as further described below.

2. Grant of Easements. On and subject to the terms, conditions, restrictions, and reservations as further described in that certain Easement Deed attached hereto as Attachment 1, whereby FPFA is granting to SoCalGas and its agents, employees, representatives and workmen, the easements to Areas 1, 2, and 3 as described in recital D above.

3. Grant of Temporary Construction License and Temporary Right of Entry Agreement. On and subject to the terms, conditions, restrictions, and reservations as further described in that certain Temporary Construction License and Temporary Right of Entry Agreement attached hereto as Attachment 2, whereby FPFA is granting to SoCalGas and its agents, employees, representatives and workmen, a temporary construction license and right of entry for Areas 1, 2, 3 and the Abutting Property as described in recital D above.

4. Tree Removal. On and subject to the terms, conditions, restrictions, and reservations set forth herein, FPFA permits SoCalGas to permanently remove two palm trees in Area 1, as illustrated in Exhibit D, which attached hereto and incorporated herein by this reference.

5. Consideration. The total consideration that SoCalGas shall pay to FPFA for the real property interests and tree removal referenced herein is Fifty-Nine Thousand Six Hundred and Sixty-Two Dollars ($59,662.00) (the “Consideration”). Said Consideration shall be payable within thirty (30) days from SoCalGas having executed this Agreement and receipt of FPFA’s completed IRS W-9 form.

6. Scope and Use of Easements, Temporary License and Right of Entry Agreement.

A. Terms and Conditions. The terms and conditions related to the scope and use of the Easement Deed, Temporary License and Temporary Right of Entry Agreement (“Ancillary Documents”) are contained within those certain Ancillary Documents attached hereto as Attachment 1 and Attachment 2 respectively and as provided herein.

7. Insurance- Easement Deed. On commencement of any maintenance, on SoCalGas’s or its agents entry on the Property, such entering parties shall obtain, and naming the FPFA as an additional insured, a policy or policies (which may be a combination of primary coverage and umbrella policies) of commercial general liability insurance. Coverage shall be at least as broad as:
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a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including, limited contract liability, premises, property damage, bodily injury and personal injury coverage and incidents and claims, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

SoCalGas shall obtain a Certificate of Insurance (“COI”) naming the City as additionally insured, and must be filed with the City before the commencement of work.

SoCalGas shall have the right to self-insure with respect to any or all of the insurance required to be carried by FPFA, and such self-insurance shall be deemed to have satisfied any and all obligation required under this agreement. If So Cal Gas maintains broader coverage and/or higher limits than the minimums shown above, FPFA requires and shall be entitled to the broader coverage and/or the higher limits maintained by So Cal Gas.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to FPFA. So Cal Gas hereby grants to FPFA a waiver of any right to subrogation which any insurer of So Cal Gas, or its contractors, may acquire against FPFA by virtue of the payment of any loss under such insurance. So Cal Gas agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not FPFA has received a waiver of subrogation endorsement from the insurer.

8. Covenants Running With the Land. Each and all of the covenants, conditions, easements, and restrictions set forth in this Agreement (i) shall run with the land and shall apply to and bind FPFA, SoCalGas and their respective successors-in-interest; and (ii) shall be enforceable as equitable servitudes against both the dominant and servient tenements pursuant to applicable law.

9. Miscellaneous.
a) Recitals. The foregoing Recitals are true, correct and incorporated herein by this reference.
b) Entire Agreement. This Agreement, together with those certain Ancillary Documents including all recitals, attachments and exhibits hereto, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous understandings, negotiations, representations, promises, and agreements, oral or written, by or between the Parties, with respect to the subject matter of this Agreement. No representations, inducements, promises, or agreements have been made in connection with this 70 4
Agreement by any Party, or anyone acting on behalf of any Party, other than those expressly set forth herein.
c) Binding Effect. This Agreement, including, without limitation, the easements granted and the covenants made herein, generally shall be binding on, and inure to the benefit of, Grantor and Grantee, and their respective transferees, devisees, successors, and assigns.
d) Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California.
e) Assignment. Parties shall not assign their rights and obligations with respect to the Agreement without the written approval of the non-assigning Party, which approval shall not unreasonably be withheld. Any such attempted assignment without the consent of the non-assigning Party shall be null and void and of no force or effect.
f) Notices. Any notice, request, demand, consent, approval or other communication (collectively, “Notices”) required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid or delivered by Express Mail or the U.S. Postal Service or Federal Express or any other courier guaranteeing overnight delivery, charges prepaid. Any Notice may also be transmitted by telecopy. All Notices shall be addressed to the Party for whom intended, as follows:

FPFA: Fontana Public Financing Authority
8353 Sierra Avenue
Fontana, CA 92335
SoCalGas: Southern California Gas Company
Land Services
8101 Rosemead Blvd., SC722K
Pico Rivera, CA 90660-5100
Any Party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. Any notice or other document sent by overnight service shall be deemed delivered one (1) business day after delivery of the same, charges prepaid, to the U.S. Postal Service or private courier. If any notice is sent by telecopy, the same shall be deemed served or delivered one (1) business day after confirmation of transmission thereof. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof. 71 5
g) Counterparts. This Agreement may be executed in one or more counterparts, each of which counterparts shall, for all purposes, be deemed an original and all of which counterparts, when taken together, shall constitute one and the same instrument.
h) Non-Waiver. No waiver by either Party of any default in performance on the part of the other Party, or of any breach or series of breaches of the terms, covenants, or conditions of this Agreement, will constitute a waiver of any subsequent breach or a waiver of any term, covenant, or condition.
i) Severability. If any provision of this Agreement, or the application of any such provision to any person or circumstance, is held by any court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those to which it is held invalid, will be construed as if the void or unenforceable provision were not included in this Agreement.
j) Attorney’s Fees. If an action is commenced to enforce or interpret any provision of this Agreement, each Party shall be responsible for its own attorney fees and costs incurred in the action.
k) Amendments. No amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless expressed in writing and signed by the Parties to be bound thereby.
l) Entire Agreement. This Agreement, together with the Ancillary Documents, contains the entire agreement and understanding between the Parties and there are no terms, covenants or conditions which exist other than those contained herein and therein.
m) Construction. The rule of strict construction does not apply to this Agreement.

The language of this grant shall be construed simply, according to its fair meaning, so that the intention of the Parties is carried out. n) Exhibits. All Exhibits and Attachments 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).
o) Survival. The indemnification obligations of SoCalGas provided in the Ancillary Documents and herein and shall survive the termination of this Agreement. p) 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 following page)
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IN WITNESS WHEREOF, this Agreement has been executed and delivered by FPFA and SoCalGas as of the date first written above.

Fontana Public Financing Authority
By:__________________________________
Name: _______________________________
Title:________________________________
Attest:
____________________________________
Secretary of the Fontana Public Financing Authority
APPROVED AS TO FORM :

By:______________________________
Authority Special Counsel
Southern California Gas Company
By:___________________________________
Name:_________________________________
Title:__________________________________
73 ALL CAPACITY ACKNOWLEDGMENT

Rev. 01/01/2015
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

COUNTY OF

On before me, ,
(Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing)
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 of officer
(Seal)

74 ALL CAPACITY ACKNOWLEDGMENT

Rev. 01/01/2015
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

COUNTY OF

On before me, ,
(Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing)
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 of officer
(Seal)

75 EXHIBIT "A1"
PARCEL A:THE EAST 165 FEET OF THE WEST 1/2 OF FARM LOT 537, IN THE CITY OF FONTANA, COUNTY OF SANBERNARDINO, STATE OF CALIFORNIA, AS PER MAP SHOWING LANDS BELONGING TO THE SEMI-TROPIC LANDAND WATER COMPANY RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.NOTE: AREA AND DISTANCES ARE COMPUTED FROM THE CENTER OF ADJOINING STREETS AND ROADS.PARCEL B:THE EAST 1/2 OF FARM LOT 557, ACCORDING TO THE MAP OF SUBDIVISION OF LANDS BELONGING TO THESEMI-TROPIC LAND AND WATER COMPANY, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.EXCEPT THEREFROM THE SOUTH 199 FEET OF THE NORTH 499 FEET OF THE EAST 180 FEET OF SAID LOT557.AREAS AND DISTANCES ARE COMPUTED TO STREET CENTERS. 76 EXHIBIT "A2"
77 EXHIBIT B1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE;THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;CONTAINING 2,861 SQUARE FEET MORE OR LESSAREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;CONTAINING 179 SQUARE FEET MORE OR LESS 78 AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET;THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;CONTAINING 266 SQUARE FEET MORE OR LESSSEE PLAT ATTACHED AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 79 L5L6L7L8L9L12L10L13L11L1L2L3L4
EXHIBIT "B"

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Line TableLine #
L5L6L7L8
Length

12.07'8.53'12.86'30.33'
Direction
S44° 42'01"WN89° 28' 01"ES00° 31' 59"EN44° 42' 01"E
L1L2L3L433.00'86.70'33.00'86.70'N00° 31'59"WS89° 28' 01"WS00° 31' 59"EN89° 28' 01"E Line TableLine #
L12L13L10L11L9Length

11.97'21.10'11.97'21.10'21.50'Direction
S45° 17' 59"EN89° 28' 01"EN45° 17' 59"WN89° 28' 01"ES89° 28' 01"WLegendINDICATES PROPOSEDNON-EXCLUSIVEEASEMENT EXHIBIT B2
80 EXHIBIT C1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALF OF LOT 557SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OF MAPS RECORDS OF THECOUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.+COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTH AND MANGOAVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 629.96 FEET; THENCE LEAVING SAIDCENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUEALSO BEING THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 295.54 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE SOUTH 00°31'59" EAST 50.00 FEET LEAVING SAID SOUTHERLY RIGHT OF WAY;THENCE SOUTH 89°28'01" WEST 225.22 FEET PARALLEL TO SAID SOUTHERLY RIGHT OF WAY;THENCE SOUTH 00°31'59" EAST 32.75 FEET;THENCE SOUTH 89°28'01" WEST 40.00 FEET;THENCE NORTH 00°31'59" WEST 32.75 FEET;THENCE SOUTH 89°28'01" WEST 30.75 FEET;THENCE NORTH 00°31'59" WEST 50.00 FEET TO THE POINT OF BEGINNING;EXCEPTING THE AREA1, AREA2 AND AREA3 DESCRIBED AS FOLLOWS.BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE; 81 EXHIBIT C1
THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;AREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET; 82 THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;APPROXIMATE AREA 12,662 SQ. FT/ 0.29 ACRESEE PLAT ATTACHED AS EXHIBIT "C2" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 83 EXHIBIT C2
LegendINDICATES CELL TOWER ACCESSEASEMENTINDICATES TEMPORARY RIGHT OFENTRY 84 GG

WWWWWWWWWWWWW

W W W W W W W W W W W W

FOR INFORMATIONALPURPOSES ONLY
660 South Figueroa St, Suite 1900Los Angeles, CA 90071A Kleinfelder Company 85 ATTACHMENT 1
86 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
________________________________
________________________________
________________________________
________________________________
(Space above this line for Recorder's Use)

EASEMENT DEED
THIS EASEMENT DEED (this “Agreement”) is made as of this ___ day of _________, 2024, by and between the Fontana Public Financing Authority, a California joint powers agency (“FPFA”), and Southern California Gas Company, a California corporation (“SoCalGas”). FPFA and SoCalGas are individually referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
A. FPFA is the owner of certain unimproved real property located in the City of Fontana, State of California, identified with Assessor Parcel Number 0194-041-29 consisting of approximately

11.03 acres ( 480,466 square feet) as more particularly described in Exhibit A1 and depicted in Exhibit A2, attached hereto and incorporated herein by reference.

B. Assessor Parcel Number 0194-041-29 includes the following locations:

1. Certain unimproved real property consisting of approximately 0.066 acres (2,861 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 1”), attached hereto and incorporated herein by reference.

2. Certain unimproved real property consisting of approximately 0.004 acres (179 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 2”), attached hereto and incorporated herein by reference.

3. Certain unimproved real property consisting of approximately 0.006 acres (266 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 3”), attached hereto and incorporated herein by reference (Areas 1 through 3 together maybe referred to herein as the “Property”).

C. SoCalGas has requested from FPFA, a permanent exclusive easement in Area 1 and a permanent non-exclusive easement on Area 2 and Area 3 to construct and maintain a permanent valve station.

D. By way of this instrument, SoCalGas wishes to receive from FPFA, and FPFA wishes to grant to SoCalGas, a permanent exclusive easement in Area 1 and a permanent non- exclusive easement on Area 2 and Area 3 to construct and maintain a permanent valve station on the Property.
87 -2-
NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Grant of Permanent Exclusive Easement. FPFA hereby grants to SoCalGas and its contractors, agents, employees, representatives and workmen, a permanent exclusive easement to excavate, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace add or remove, one or more pipelines and conduits together with valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for a fenced valve station for the transportation and distribution of natural gas and energy and communications, over, under, though, along, on and across Area 1, and including the reasonable right of ingress and egress to and from Area 1 (“Easement Area 1).

SoCalGas, in its use of and installations on or under Easement Area 1, shall comply with all laws, regulations, and requirements of all governmental and regulatory bodies and authorities and shall observe all safety standards and guidelines applicable to use and occupancy of Easement Area 1. Any use of Easement Area 1 by FPFA and others as of the date of the Easement Deed shall at all times be exercised in such a manner as to not interfere with SoCalGas’s rights granted pursuant to the Easement hereunder. FPFA, its successors and assigns, retain all aspects of fee ownership and the right to access, ingress, egress over, through and across said parcel and to and from adjoining parcel(s), subject to SoCalGas’s rights set forth herein.

2. Grant of Permanent Non-Exclusive Easement. FPFA hereby grants to SoCalGas and its contractors, agents, employees, representatives and workmen, a permanent nonexclusive easement to excavate, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace add or remove, one or more pipelines and conduits together with valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for a valve station for the transportation and distribution of natural gas and energy and communications, over, under, though, along, on and across Area 2 and Area 3, including the reasonable right of ingress and egress to and from Area 2 and Area 3 (“Easement Area 2).

SoCalGas, in its use of and installations on or under Easement Area 2, shall comply with all laws, regulations, and requirements of all governmental and regulatory bodies and authorities and shall observe all safety standards and guidelines applicable to use and occupancy of Easement Area 2. Any use of Easement Area 2 by FPFA and others as of the date of the Easement Deed shall at all times be exercised in such a manner as to not interfere with SoCalGas’s rights granted pursuant to the Easement hereunder. FPFA, its successors and assigns, retain all aspects of fee ownership and the right to make all uses of the parcel, including but not limited to, access ingress, egress over, through and across said parcel and to and from adjoining parcel(s), subject to SoCalGas’s rights set forth herein. FPFA for its 88 -3-
heirs, successors and assigns, agrees that no buildings or structures of any kind shall be constructed over Easement Area 2 nor trees or brush shall be planted over Easement Area 2 that would unreasonably interfere with SoCalGas’s rights hereunder.

3. Maintenance and Repair. Easement Area 1. SoCalGas shall maintain, at its sole cost and expense, Easement Area 1 in good condition and repair, as determined by FPFA in its reasonable discretion. FPFA shall provide SoCalGas with at least five (5) business days advance written notice of its intent to enter, except in the event of an emergency in which case FPFA shall provide notice as far in advance as reasonably possible. SoCalGas shall not be responsible for damages resulting from contamination or environmental factors not caused by SoCalGas.

Easement Area 2 . SoCalGas shall be responsible for any and all damage to Easement Area 2 to the extent the damage is caused by or related to SoCalGas or SoCalGas’s agents, employees, guests, invitees, licensees, contractors, and subcontractors. SoCalGas shall, at its own cost and expense, immediately repair any such damage and restore such location to as good a condition as existed before such damage occurred. Such work shall be done under the direction and to the reasonable satisfaction of FPFA.

4. Restrictions on Use. In granting and receiving the rights herein granted, SoCalGas shall (a) comply with any and all local, state, and federal laws, regulations, ordinances and other governmental restrictions relating to the use of the Property, and shall (b) take reasonable steps to ensure the safety and security of all persons and property in the Property in connection with SoCalGas's use of the Property and the rights granted herein.

5. Indemnity. SoCalGas agrees to and does hereby indemnify, defend, protect and hold harmless FPFA and its officials, officers, employees and agents (“FPFA Indemnitees”) from and against any and all claims, actions, liabilities, losses, damages, injuries (including loss of life and other loss, injury or damage to persons or property), costs and expenses (including reasonable attorney’s fees) (collectively, “Claims”), liens (including, without limitation, mechanics liens), and encumbrances, to the extent the same arise out of, result from, or are related SoCalGas’s rights pursuant to this instrument, except to the extent arising from FPFA’s or any FPFA Indemnitee’s gross negligence or willful misconduct. The indemnity and defense obligations of SoCalGas under this instrument shall not be affected by the absence or unavailability of insurance covering the same or by failure or refusal by any insurance carrier to perform any obligation on its part under any such policy of insurance. FPFA may in its discretion participate in the selection of counsel, where FPFA’s approval shall not be unreasonably withheld, and in its discretion, participate in the defense of any such legal action.

6. Covenants Run with Land. The Easements and other rights and benefits granted herein shall run with the land and, as such, shall be binding upon and inure to the benefit of SoCalGas, and its respective heirs, successors and assigns. 89 -4-

7. Attorney’s Fees. In any judicial, arbitration, or administrative proceeding involving performance under this instrument, or default or breach thereof, each party shall be responsible for its own attorney’s fees and costs incurred in the action.

8. No Liens. SoCalGas shall not permit any claim, lien, or other encumbrance arising from its construction, installation, use, maintenance, repairs, operation, or removal of one or more pipelines, conduits, valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for the valve station or other work by or conducted on behalf of SoCalGas to accrue against, or attach to, the Property or the interests of FPFA in the Property.

9. Recording. SoCalGas shall record this instrument in the Office of the San Bernardino County Recorder, at SoCalGas’s sole cost and expense. This Agreement shall become effective only on such recordation.

10. Governing Law. This deed shall be governed by the laws of the State of California.

Venue shall be in San Bernardino County.

11. Entire Agreement. This deed and any exhibits constitute the entire agreement between the Parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. Prior agreements, representations, negotiations, and understandings of the Parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

12. Counterparts. This deed may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one agreement.

13. Modification. This deed may not be modified in any respect or rescinded, in whole or in part, except by an instrument in writing, duly executed and acknowledged by both of the Parties, their successors or assigns.

14. Severability. If any term, covenant, condition or provision of this deed, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this deed, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

15. Construction. The rule of strict construction does not apply to this instrument. The language of this grant shall be construed simply, according to its fair meaning, so that the intention of the Parties is carried out.

16. Waiver and Default. The waiver by one Party of the performance of any provision of this instrument shall not invalidate this instrument nor shall it be considered a waiver by it of any other provision or of any subsequent breach by the other Party of the same provision.
90 -5-
(Signatures on following page)
91 -6-

SIGNATURE PAGE TO

EASEMENT DEED
IN WITNESS WHEREOF, the FPFA and SoCalGas have executed this Agreement as of the date first written above.

Fontana Public Financing Authority
By:

Name:

Title:

ATTEST:

Secretary of the Fontana Public Financing Authority
APPROVED AS TO FORM:

By:

Authority Special Counsel
Southern California Gas Company
By:

Name:_______________________________
Title:________________________________
92 ALL CAPACITY ACKNOWLEDGMENT

Rev. 01/01/2015
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

COUNTY OF

On before me, ,
(Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing)
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 of officer
(Seal)

93 ALL CAPACITY ACKNOWLEDGMENT

Rev. 01/01/2015
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

COUNTY OF

On before me, ,
(Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing)
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 of officer
(Seal)

94 EXHIBIT "A1"
PARCEL A:THE EAST 165 FEET OF THE WEST 1/2 OF FARM LOT 537, IN THE CITY OF FONTANA, COUNTY OF SANBERNARDINO, STATE OF CALIFORNIA, AS PER MAP SHOWING LANDS BELONGING TO THE SEMI-TROPIC LANDAND WATER COMPANY RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.NOTE: AREA AND DISTANCES ARE COMPUTED FROM THE CENTER OF ADJOINING STREETS AND ROADS.PARCEL B:THE EAST 1/2 OF FARM LOT 557, ACCORDING TO THE MAP OF SUBDIVISION OF LANDS BELONGING TO THESEMI-TROPIC LAND AND WATER COMPANY, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.EXCEPT THEREFROM THE SOUTH 199 FEET OF THE NORTH 499 FEET OF THE EAST 180 FEET OF SAID LOT557.AREAS AND DISTANCES ARE COMPUTED TO STREET CENTERS. 95 EXHIBIT "A2"
96 EXHIBIT B1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE;THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;CONTAINING 2,861 SQUARE FEET MORE OR LESSAREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;CONTAINING 179 SQUARE FEET MORE OR LESS 97 AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET;THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;CONTAINING 266 SQUARE FEET MORE OR LESSSEE PLAT ATTACHED AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 98 L5L6L7L8L9L12L10L13L11L1L2L3L4
EXHIBIT "B"

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Line TableLine #
L5L6L7L8
Length

12.07'8.53'12.86'30.33'
Direction
S44° 42'01"WN89° 28' 01"ES00° 31' 59"EN44° 42' 01"E
L1L2L3L433.00'86.70'33.00'86.70'N00° 31'59"WS89° 28' 01"WS00° 31' 59"EN89° 28' 01"E Line TableLine #
L12L13L10L11L9Length

11.97'21.10'11.97'21.10'21.50'Direction
S45° 17' 59"EN89° 28' 01"EN45° 17' 59"WN89° 28' 01"ES89° 28' 01"WLegendINDICATES PROPOSEDNON-EXCLUSIVEEASEMENT EXHIBIT B2
99 ATTACHMENT 2
100

TEMPORARY CONSTRUCTION LICENSE AND RIGHT OF ENTRY

AGREEMENT
This Temporary Construction License and Right of Entry Agreement (“Agreement”) is made and entered into as of this ______ day of_________ 2024 (“Effective Date”) , by and between the Fontana Public Financing Authority, a California joint powers agency (“FPFA”), and Southern California Gas Comp any, a California corporation (“ SoCalGas”). FPFA and SoCalGas may be individually referred to herein as “Party” or collectively referred to herein as the “Parties.”

RECITALS
A. FPFA is the owner of certain unimproved real property located in the City of Fontana, State of California, identified with Assessor Parcel Number 0194-041-29 consisting of approximately 11.03 acres ( 480,466 square feet) as more particularly described in Exhibit A1 and depicted in Exhibit A2, attached hereto and i ncorporated herein by reference.

B. Assessor Parcel Number 0194-041-29 includes the following locations:

1. Certain unimproved real property consisting of approximately 0.066 acres (2,861 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 1”), attached hereto and i ncorporated herein by reference.

2. Certain unimproved real property consisting of approximately 0.004 acres (179 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 2”), attached hereto and incorporated herein by reference.

3. Certain unimproved real property consisting of approximately 0.006 acres (266 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 3”), attached hereto and incorporated herein by reference (Areas 1 through 3 together maybe referred to herein as the “Property”).

4. Certain unimproved real property consisting of approximately 0.291 acres (12,662 square feet), as more particularly described in Exhibit C1 and depicted in Exhibit C2 (“Abutting Property”) , attached hereto and incorporated herein by reference.

C. SoCalGas has requested from FPFA a temporary construction license to construct a valve station on the Property and a right of entry agreement to access the Abutting Property to bring and temporarily store all necessary veh icles, materials and other construction equipment to construct a valve station on the Property.

D. FPFA wishes to grant SoCalGas a temporary construction license to construct a valve station on the Property and a right of entry agreement to access the Abutting Property to bring and temporarily store all necessary vehicles, materials and other construction equipment to construct a valve station on the Property.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FPFA and SoCalGas agree as follows:
101

1. Temporary Construction License . FPFA does hereby grant to SoCalGas and its agents, employees, representatives and workmen, a temporary irrevocable license over, on, under, in, across, along and through the Property for purposes of constructing a valve station.

2. Temporary Right of Entry Agreement. FPFA hereby grants to SoCalGas and its agents, employees, representatives and workmen, permission to enter upon the Abutting Property at all reasonable times for the purpose of bringing and temporarily storing all necessary vehicles, materials and other construction equipment to construct a valve station on the Property. Upon the expiration of this Agreement, SoCalGas will remove or cause to be removed all of it’s personal proper ty, necessary vehicles, materials and other construction equipment from the Abutting Property. If SoCalGas does not remove all of it's personal property, necessary vehicles, materials and other construction equipment from the Abutting Property within ten business days of the Expiration Date, FPFA has the right to remove said personal property, necessary vehicles, materials and other construction equipment from the Abutting Property. In the event of SoCalGas fails to remove it's personal property, necessary vehicles, materials and other construction equipment from the Abutting Property, SoCalGas is responsible for all reasonable costs incurred by FPFA in any such removal by FPFA.

3. Term. The term of this Agreement shall commence on the date contained in a written notice from SoCalGas to FPFA setting forth the date SoCalGas intends to commence utilization of the Property and Abutting Property (“Commencement Date”), where the Commencement Date shall be no sooner than fourteen (14) days from the date that SoCalGas provides written notice to FPFA, and where such written notice shall be given no later than eighteen (18) months from the Effective Date. The Agreement shall expire four (4) months a fter the Commencement Date (“Expiration Date”), provided, however, that FPFA and SoCalGas may mutually agree to amend the Expiration Date prior to the Expiration Date or amended Expiration Date, as applicable.

4. Maintenance and R epair of the Property. All of SoCalGas’s obligations for maintenance and repair in Section 3 of the Easement Deed, attached hereto as Exhibit D1 and incorporated herein, for the Property are adopted herein.

5. Maintenance and Repair of the Abutting Property. SoCalGas shall be responsible for any and all damage to the Abutting Property to the extent the damage is caused by or related to SoCalGas or SoCalGas’s agents, employees, guests, invitees, licensees, contractors, and subcontractors. SoCalGas shall, at its own cost and expense, immediately repair any such damage and restore such location to as good a condition as existed before such damage occurred. Such work shall be done under the direction and to the reasonable satisfaction of FPFA.

6. Indemnity. SoCalGas agrees to and does hereby indemnify, defend, protect and hold harmless FPFA and its officials, officers, employees and agents (“FPFA Indemnitees”) from and against any and all claims, actions, liabilities, losses, damages, injuries (including loss of life and other loss, injury or damage to persons or property), costs and expenses (including reasonable a ttorneys' fees) (collectively, “Claims”), liens (including, without limitation, mechanics liens), and encumbrances, to the extent the same arise out of, re sult from, or are related SoCalGas’s rights pursuant to this instrument, except to the extent arising from FPFA’s or any FPFA 102

Indemnitee’s gross negligence or willful misconduct. The indemnity and defense obligations of SoCalGas under this instrument shall not be affected by the absence or unavailability of insurance covering the same or by failure or refusal by any insurance carrier to perform any obligation on its part under any such policy of insurance. FPFA may, in its discretion, participate in the selection of counsel, where FPFA’s approval shall not be unreasonably withheld, and in its discretion, participate in the defense of any such legal action.

7. No Liens. SoCalGas shall not permit any claim, lien, or other encumbrance arising from its construction, installation, use, maintenance, repairs, operation, or removal of one or more pipelines, conduits, valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for the valve station or other work by or conducted on behalf of SoCalGas to accrue against, or attach to, the Property or the interests of FPFA in the Property.

8. Insurance. On commencement of construction or any maintenance, as applicable, on SoCalGas’s or its agents entry on the Property and Abutting Property, such entering parties shall obtain, and naming the FPFA as an additional insured, a policy or policies (which may be a combination of primary coverage and umbrella policies) of commercial general liability insurance. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including, limited contract liability, premises, property damage, bodily injury an d personal injury coverage and incidents and claims, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

SoCalGas shall obtain a Certificate of Insurance (“COI”) naming the City as additionally insured, and must be filed with the City before the commencement of work. SoCalGas shall have the right to self -insure with respect to any or all of the insurance required to be carried by FPFA, and such self-insurance shall be deemed to have satisfied any and all obligation required under this agreement. So Cal Gas hereby grants to FPFA a waiver of any right to subrogation which any insurer of So Cal Gas, or its contractors, may acquire against FPFA by virtue of the payment of any loss under such insurance. So Cal Gas agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or no t FPFA has received a waiver of subrogation endorsement from the insurer.

103

9. Assignment. Parties shall not assign their rights and obligations with respect to the Agreement without the written approval of the non -assigning Party, which approval shall not unr easonably be withheld. Any such attempted assignment without the consent of the non-assigning Party shall be null and void and of no force or effect.

10. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California (without regard to conflicts of law).

11. Waiver. No right or remedy under this Agreement will be waived unless the waiver is in writing and signed by the Party claimed to have made the waiver. One waiver will not be interpreted as a continuing waiver.

12. Attorney’s Fees. If an action is commenced to enforce or interpret any provision of this License, each Party shall be responsible for its own attorney ’s fees and costs incurred in the action.

13. 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).

14. Notices. Any notice, request, demand, consent, approval or other communication (collectively, “Notices”) required or per mitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid or delivered by Express Mail or the U.S. Postal Service or Federal Express or any other courier guaranteeing overnight delivery, charges prepaid. Any Notice may also be transmitted by telecopy. All Notices shall be addressed to t he Party for whom intended, as follows:

FPFA: Fontana Public Financing Authority
8353 Sierra Avenue
Fontana, Ca 92335

SoCalGas: Southern California Gas Company
Land Services
8101 Rosemead Blvd.,SC722K
Pico Rivera, CA 90660-5100
Any Party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully del ivered and received forty-eight (48) hours after mailing as provided above. Any notice or other document sent by overnight service shall be deemed delivered one (1) business day after delivery of the same, charges prepaid, to the U.S. Postal Service or pr ivate courier. If any notice is sent by telecopy, the same shall be deemed served or delivered one (1) business day after confirmation of transmission thereof. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof.
104

15. Amendments. No amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless expressed in writing and signed by the Parties to be bound thereby.

16. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the reaming provisions shall continue in full force and effect.

17. Entire Agreement. This Agreement contains the entire agreement and understanding between the Parties and there are no terms, covenants or conditions which exist other than those contained herein.

18. Construction. The rule of strict construction does not apply to this Agreement. The language of this grant shall be construed simply, according to its fair meaning, so that the intention of the Parties is carried out.

19. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one agreement.

20. Survival. The provisions of Section 4 shall survive the termination of this Agreement.

21. Authority to Execute . The individuals executing this Agreement 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. (Signature Provisions on Following Page)

105

IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement on the date and year first written above.

Fontana Public Financing Authority
By:______________________________________
Name: ___________________________________
Title:____________________________________
Attest:
_______________________________________
Secretary of the Fontana Public Financing Authority

APPROVED AS TO FORM :

By: ____________________________________
Authority Special Counsel
Southern California Gas Company
By:____________________________________
Name Cynthia Munoz
Title: Land & Right of-way Team Lead

106
EXHIBIT "A1"
PARCEL A:THE EAST 165 FEET OF THE WEST 1/2 OF FARM LOT 537, IN THE CITY OF FONTANA, COUNTY OF SANBERNARDINO, STATE OF CALIFORNIA, AS PER MAP SHOWING LANDS BELONGING TO THE SEMI-TROPIC LANDAND WATER COMPANY RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.NOTE: AREA AND DISTANCES ARE COMPUTED FROM THE CENTER OF ADJOINING STREETS AND ROADS.PARCEL B:THE EAST 1/2 OF FARM LOT 557, ACCORDING TO THE MAP OF SUBDIVISION OF LANDS BELONGING TO THESEMI-TROPIC LAND AND WATER COMPANY, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.EXCEPT THEREFROM THE SOUTH 199 FEET OF THE NORTH 499 FEET OF THE EAST 180 FEET OF SAID LOT557.AREAS AND DISTANCES ARE COMPUTED TO STREET CENTERS. 107
EXHIBIT "A2"
108
EXHIBIT B1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE;THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;CONTAINING 2,861 SQUARE FEET MORE OR LESSAREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;CONTAINING 179 SQUARE FEET MORE OR LESS 109
AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET;THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;CONTAINING 266 SQUARE FEET MORE OR LESSSEE PLAT ATTACHED AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 110
L5L6L7L8L9L12L10L13L11L1L2L3L4
EXHIBIT "B"

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Line TableLine #
L5L6L7L8
Length

12.07'8.53'12.86'30.33'
Direction
S44° 42'01"WN89° 28' 01"ES00° 31' 59"EN44° 42' 01"E
L1L2L3L433.00'86.70'33.00'86.70'N00° 31'59"WS89° 28' 01"WS00° 31' 59"EN89° 28' 01"E Line TableLine #
L12L13L10L11L9Length

11.97'21.10'11.97'21.10'21.50'Direction
S45° 17' 59"EN89° 28' 01"EN45° 17' 59"WN89° 28' 01"ES89° 28' 01"WLegendINDICATES PROPOSEDNON-EXCLUSIVEEASEMENT EXHIBIT B2
111
EXHIBIT C1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALF OF LOT 557SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OF MAPS RECORDS OF THECOUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.+COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTH AND MANGOAVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 629.96 FEET; THENCE LEAVING SAIDCENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUEALSO BEING THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 295.54 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE SOUTH 00°31'59" EAST 50.00 FEET LEAVING SAID SOUTHERLY RIGHT OF WAY;THENCE SOUTH 89°28'01" WEST 225.22 FEET PARALLEL TO SAID SOUTHERLY RIGHT OF WAY;THENCE SOUTH 00°31'59" EAST 32.75 FEET;THENCE SOUTH 89°28'01" WEST 40.00 FEET;THENCE NORTH 00°31'59" WEST 32.75 FEET;THENCE SOUTH 89°28'01" WEST 30.75 FEET;THENCE NORTH 00°31'59" WEST 50.00 FEET TO THE POINT OF BEGINNING;EXCEPTING THE AREA1, AREA2 AND AREA3 DESCRIBED AS FOLLOWS.BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE; 112
EXHIBIT C1
THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;AREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET; 113
THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;APPROXIMATE AREA 12,662 SQ. FT/ 0.29 ACRESEE PLAT ATTACHED AS EXHIBIT "C2" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 114
EXHIBIT C2
LegendINDICATES CELL TOWER ACCESSEASEMENTINDICATES TEMPORARY RIGHT OFENTRY 115

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
________________________________
________________________________
________________________________
________________________________
(Space above this line for Recorder's Use)

EASEMENT DEED
THIS EASEMENT DEED (this “Agreement”) is made as of this ___ day of _________, 2024, by and between the Fontana Public Financing Authority, a California joint powers agency (“FPFA”), and Southern California Gas Company, a California corporation (“SoCalGas”). FPFA and SoCalGas are individually referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
A. FPFA is the owner of certain unimproved real property located in the City of Fontana, State of California, identified with Assessor Parcel Number 0194-041-29 consisting of approximately

11.03 acres ( 480,466 square feet) as more particularly described in Exhibit A1 and depicted in Exhibit A2, attached hereto and incorporated herein by reference.

B. Assessor Parcel Number 0194-041-29 includes the following locations:

1. Certain unimproved real property consisting of approximately 0.066 acres (2,861 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 1”), attached hereto and incorporated herein by reference.

2. Certain unimproved real property consisting of approximately 0.004 acres (179 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 2”), attached hereto and incorporated herein by reference.

3. Certain unimproved real property consisting of approximately 0.006 acres (266 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 3”), attached hereto and incorporated herein by reference (Areas 1 through 3 together maybe referred to herein as the “Property”).

C. SoCalGas has requested from FPFA, a permanent exclusive easement in Area 1 and a permanent non-exclusive easement on Area 2 and Area 3 to construct and maintain a permanent valve station.

D. By way of this instrument, SoCalGas wishes to receive from FPFA, and FPFA wishes to grant to SoCalGas, a permanent exclusive easement in Area 1 and a permanent non- exclusive easement on Area 2 and Area 3 to construct and maintain a permanent valve station on the Property.
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NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Grant of Permanent Exclusive Easement. FPFA hereby grants to SoCalGas and its contractors, agents, employees, representatives and workmen, a permanent exclusive easement to excavate, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace add or remove, one or more pipelines and conduits together with valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for a fenced valve station for the transportation and distribution of natural gas and energy and communications, over, under, though, along, on and across Area 1, and including the reasonable right of ingress and egress to and from Area 1 (“Easement Area 1).

SoCalGas, in its use of and installations on or under Easement Area 1, shall comply with all laws, regulations, and requirements of all governmental and regulatory bodies and authorities and shall observe all safety standards and guidelines applicable to use and occupancy of Easement Area 1. Any use of Easement Area 1 by FPFA and others as of the date of the Easement Deed shall at all times be exercised in such a manner as to not interfere with SoCalGas’s rights granted pursuant to the Easement hereunder. FPFA, its successors and assigns, retain all aspects of fee ownership and the right to access, ingress, egress over, through and across said parcel and to and from adjoining parcel(s), subject to SoCalGas’s rights set forth herein.

2. Grant of Permanent Non-Exclusive Easement. FPFA hereby grants to SoCalGas and its contractors, agents, employees, representatives and workmen, a permanent nonexclusive easement to excavate, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace add or remove, one or more pipelines and conduits together with valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for a valve station for the transportation and distribution of natural gas and energy and communications, over, under, though, along, on and across Area 2 and Area 3, including the reasonable right of ingress and egress to and from Area 2 and Area 3 (“Easement Area 2).

SoCalGas, in its use of and installations on or under Easement Area 2, shall comply with all laws, regulations, and requirements of all governmental and regulatory bodies and authorities and shall observe all safety standards and guidelines applicable to use and occupancy of Easement Area 2. Any use of Easement Area 2 by FPFA and others as of the date of the Easement Deed shall at all times be exercised in such a manner as to not interfere with SoCalGas’s rights granted pursuant to the Easement hereunder. FPFA, its successors and assigns, retain all aspects of fee ownership and the right to make all uses of the parcel, including but not limited to, access ingress, egress over, through and across said parcel and to and from adjoining parcel(s), subject to SoCalGas’s rights set forth herein. FPFA for its 117
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heirs, successors and assigns, agrees that no buildings or structures of any kind shall be constructed over Easement Area 2 nor trees or brush shall be planted over Easement Area 2 that would unreasonably interfere with SoCalGas’s rights hereunder.

3. Maintenance and Repair. Easement Area 1. SoCalGas shall maintain, at its sole cost and expense, Easement Area 1 in good condition and repair, as determined by FPFA in its reasonable discretion. FPFA shall provide SoCalGas with at least five (5) business days advance written notice of its intent to enter, except in the event of an emergency in which case FPFA shall provide notice as far in advance as reasonably possible. SoCalGas shall not be responsible for damages resulting from contamination or environmental factors not caused by SoCalGas.

Easement Area 2 . SoCalGas shall be responsible for any and all damage to Easement Area 2 to the extent the damage is caused by or related to SoCalGas or SoCalGas’s agents, employees, guests, invitees, licensees, contractors, and subcontractors. SoCalGas shall, at its own cost and expense, immediately repair any such damage and restore such location to as good a condition as existed before such damage occurred. Such work shall be done under the direction and to the reasonable satisfaction of FPFA.

4. Restrictions on Use. In granting and receiving the rights herein granted, SoCalGas shall (a) comply with any and all local, state, and federal laws, regulations, ordinances and other governmental restrictions relating to the use of the Property, and shall (b) take reasonable steps to ensure the safety and security of all persons and property in the Property in connection with SoCalGas's use of the Property and the rights granted herein.

5. Indemnity. SoCalGas agrees to and does hereby indemnify, defend, protect and hold harmless FPFA and its officials, officers, employees and agents (“FPFA Indemnitees”) from and against any and all claims, actions, liabilities, losses, damages, injuries (including loss of life and other loss, injury or damage to persons or property), costs and expenses (including reasonable attorney’s fees) (collectively, “Claims”), liens (including, without limitation, mechanics liens), and encumbrances, to the extent the same arise out of, result from, or are related SoCalGas’s rights pursuant to this instrument, except to the extent arising from FPFA’s or any FPFA Indemnitee’s gross negligence or willful misconduct. The indemnity and defense obligations of SoCalGas under this instrument shall not be affected by the absence or unavailability of insurance covering the same or by failure or refusal by any insurance carrier to perform any obligation on its part under any such policy of insurance. FPFA may in its discretion participate in the selection of counsel, where FPFA’s approval shall not be unreasonably withheld, and in its discretion, participate in the defense of any such legal action.

6. Covenants Run with Land. The Easements and other rights and benefits granted herein shall run with the land and, as such, shall be binding upon and inure to the benefit of SoCalGas, and its respective heirs, successors and assigns. 118
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7. Attorney’s Fees. In any judicial, arbitration, or administrative proceeding involving performance under this instrument, or default or breach thereof, each party shall be responsible for its own attorney’s fees and costs incurred in the action.

8. No Liens. SoCalGas shall not permit any claim, lien, or other encumbrance arising from its construction, installation, use, maintenance, repairs, operation, or removal of one or more pipelines, conduits, valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for the valve station or other work by or conducted on behalf of SoCalGas to accrue against, or attach to, the Property or the interests of FPFA in the Property.

9. Recording. SoCalGas shall record this instrument in the Office of the San Bernardino County Recorder, at SoCalGas’s sole cost and expense. This Agreement shall become effective only on such recordation.

10. Governing Law. This deed shall be governed by the laws of the State of California.

Venue shall be in San Bernardino County.

11. Entire Agreement. This deed and any exhibits constitute the entire agreement between the Parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. Prior agreements, representations, negotiations, and understandings of the Parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

12. Counterparts. This deed may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one agreement.

13. Modification. This deed may not be modified in any respect or rescinded, in whole or in part, except by an instrument in writing, duly executed and acknowledged by both of the Parties, their successors or assigns.

14. Severability. If any term, covenant, condition or provision of this deed, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this deed, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

15. Construction. The rule of strict construction does not apply to this instrument. The language of this grant shall be construed simply, according to its fair meaning, so that the intention of the Parties is carried out.

16. Waiver and Default. The waiver by one Party of the performance of any provision of this instrument shall not invalidate this instrument nor shall it be considered a waiver by it of any other provision or of any subsequent breach by the other Party of the same provision.
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(Signatures on following page)
120
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SIGNATURE PAGE TO

EASEMENT DEED
IN WITNESS WHEREOF, the FPFA and SoCalGas have executed this Agreement as of the date first written above.

Fontana Public Financing Authority
By:

Name:

Title:

ATTEST:

Secretary of the Fontana Public Financing Authority
APPROVED AS TO FORM:

By:

Authority Special Counsel
Southern California Gas Company
By:

Name:_______________________________
Title:________________________________
121

ALL CAPACITY ACKNOWLEDGMENT

Rev. 01/01/2015
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

COUNTY OF

On before me, ,
(Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing)
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 of officer
(Seal)

122

ALL CAPACITY ACKNOWLEDGMENT

Rev. 01/01/2015
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

COUNTY OF

On before me, ,
(Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing)
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 of officer
(Seal)

123
EXHIBIT "A1"
PARCEL A:THE EAST 165 FEET OF THE WEST 1/2 OF FARM LOT 537, IN THE CITY OF FONTANA, COUNTY OF SANBERNARDINO, STATE OF CALIFORNIA, AS PER MAP SHOWING LANDS BELONGING TO THE SEMI-TROPIC LANDAND WATER COMPANY RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.NOTE: AREA AND DISTANCES ARE COMPUTED FROM THE CENTER OF ADJOINING STREETS AND ROADS.PARCEL B:THE EAST 1/2 OF FARM LOT 557, ACCORDING TO THE MAP OF SUBDIVISION OF LANDS BELONGING TO THESEMI-TROPIC LAND AND WATER COMPANY, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.EXCEPT THEREFROM THE SOUTH 199 FEET OF THE NORTH 499 FEET OF THE EAST 180 FEET OF SAID LOT557.AREAS AND DISTANCES ARE COMPUTED TO STREET CENTERS. 124
EXHIBIT "A2"
125
EXHIBIT B1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE;THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;CONTAINING 2,861 SQUARE FEET MORE OR LESSAREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;CONTAINING 179 SQUARE FEET MORE OR LESS 126
AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET;THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;CONTAINING 266 SQUARE FEET MORE OR LESSSEE PLAT ATTACHED AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 127
L5L6L7L8L9L12L10L13L11L1L2L3L4
EXHIBIT "B"

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Line TableLine #
L5L6L7L8
Length

12.07'8.53'12.86'30.33'
Direction
S44° 42'01"WN89° 28' 01"ES00° 31' 59"EN44° 42' 01"E
L1L2L3L433.00'86.70'33.00'86.70'N00° 31'59"WS89° 28' 01"WS00° 31' 59"EN89° 28' 01"E Line TableLine #
L12L13L10L11L9Length

11.97'21.10'11.97'21.10'21.50'Direction
S45° 17' 59"EN89° 28' 01"EN45° 17' 59"WN89° 28' 01"ES89° 28' 01"WLegendINDICATES PROPOSEDNON-EXCLUSIVEEASEMENT EXHIBIT B2
128

TEMPORARY CONSTRUCTION LICENSE AND RIGHT OF ENTRY

AGREEMENT
This Temporary Construction License and Right of Entry Agreement (“Agreement”) is made and entered into as of this ______ day of_________ 2024 (“Effective Date”) , by and between the Fontana Public Financing Authority, a California joint powers agency (“FPFA”), and Southern California Gas Comp any, a California corporation (“ SoCalGas”). FPFA and SoCalGas may be individually referred to herein as “Party” or collectively referred to herein as the “Parties.”

RECITALS
A. FPFA is the owner of certain unimproved real property located in the City of Fontana, State of California, identified with Assessor Parcel Number 0194-041-29 consisting of approximately 11.03 acres ( 480,466 square feet) as more particularly described in Exhibit A1 and depicted in Exhibit A2, attached hereto and i ncorporated herein by reference.

B. Assessor Parcel Number 0194-041-29 includes the following locations:

1. Certain unimproved real property consisting of approximately 0.066 acres (2,861 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 1”), attached hereto and i ncorporated herein by reference.

2. Certain unimproved real property consisting of approximately 0.004 acres (179 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 2”), attached hereto and incorporated herein by reference.

3. Certain unimproved real property consisting of approximately 0.006 acres (266 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 3”), attached hereto and incorporated herein by reference (Areas 1 through 3 together maybe referred to herein as the “Property”).

4. Certain unimproved real property consisting of approximately 0.291 acres (12,662 square feet), as more particularly described in Exhibit C1 and depicted in Exhibit C2 (“Abutting Property”) , attached hereto and incorporated herein by reference.

C. SoCalGas has requested from FPFA a temporary construction license to construct a valve station on the Property and a right of entry agreement to access the Abutting Property to bring and temporarily store all necessary veh icles, materials and other construction equipment to construct a valve station on the Property.

D. FPFA wishes to grant SoCalGas a temporary construction license to construct a valve station on the Property and a right of entry agreement to access the Abutting Property to bring and temporarily store all necessary vehicles, materials and other construction equipment to construct a valve station on the Property.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FPFA and SoCalGas agree as follows:
129

1. Temporary Construction License . FPFA does hereby grant to SoCalGas and its agents, employees, representatives and workmen, a temporary irrevocable license over, on, under, in, across, along and through the Property for purposes of constructing a valve station.

2. Temporary Right of Entry Agreement. FPFA hereby grants to SoCalGas and its agents, employees, representatives and workmen, permission to enter upon the Abutting Property at all reasonable times for the purpose of bringing and temporarily storing all necessary vehicles, materials and other construction equipment to construct a valve station on the Property. Upon the expiration of this Agreement, SoCalGas will remove or cause to be removed all of it’s personal proper ty, necessary vehicles, materials and other construction equipment from the Abutting Property. If SoCalGas does not remove all of it's personal property, necessary vehicles, materials and other construction equipment from the Abutting Property within ten business days of the Expiration Date, FPFA has the right to remove said personal property, necessary vehicles, materials and other construction equipment from the Abutting Property. In the event of SoCalGas fails to remove it's personal property, necessary vehicles, materials and other construction equipment from the Abutting Property, SoCalGas is responsible for all reasonable costs incurred by FPFA in any such removal by FPFA.

3. Term. The term of this Agreement shall commence on the date contained in a written notice from SoCalGas to FPFA setting forth the date SoCalGas intends to commence utilization of the Property and Abutting Property (“Commencement Date”), where the Commencement Date shall be no sooner than fourteen (14) days from the date that SoCalGas provides written notice to FPFA, and where such written notice shall be given no later than eighteen (18) months from the Effective Date. The Agreement shall expire four (4) months a fter the Commencement Date (“Expiration Date”), provided, however, that FPFA and SoCalGas may mutually agree to amend the Expiration Date prior to the Expiration Date or amended Expiration Date, as applicable.

4. Maintenance and R epair of the Property. All of SoCalGas’s obligations for maintenance and repair in Section 3 of the Easement Deed, attached hereto as Exhibit D1 and incorporated herein, for the Property are adopted herein.

5. Maintenance and Repair of the Abutting Property. SoCalGas shall be responsible for any and all damage to the Abutting Property to the extent the damage is caused by or related to SoCalGas or SoCalGas’s agents, employees, guests, invitees, licensees, contractors, and subcontractors. SoCalGas shall, at its own cost and expense, immediately repair any such damage and restore such location to as good a condition as existed before such damage occurred. Such work shall be done under the direction and to the reasonable satisfaction of FPFA.

6. Indemnity. SoCalGas agrees to and does hereby indemnify, defend, protect and hold harmless FPFA and its officials, officers, employees and agents (“FPFA Indemnitees”) from and against any and all claims, actions, liabilities, losses, damages, injuries (including loss of life and other loss, injury or damage to persons or property), costs and expenses (including reasonable a ttorneys' fees) (collectively, “Claims”), liens (including, without limitation, mechanics liens), and encumbrances, to the extent the same arise out of, re sult from, or are related SoCalGas’s rights pursuant to this instrument, except to the extent arising from FPFA’s or any FPFA 130

Indemnitee’s gross negligence or willful misconduct. The indemnity and defense obligations of SoCalGas under this instrument shall not be affected by the absence or unavailability of insurance covering the same or by failure or refusal by any insurance carrier to perform any obligation on its part under any such policy of insurance. FPFA may, in its discretion, participate in the selection of counsel, where FPFA’s approval shall not be unreasonably withheld, and in its discretion, participate in the defense of any such legal action.

7. No Liens. SoCalGas shall not permit any claim, lien, or other encumbrance arising from its construction, installation, use, maintenance, repairs, operation, or removal of one or more pipelines, conduits, valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for the valve station or other work by or conducted on behalf of SoCalGas to accrue against, or attach to, the Property or the interests of FPFA in the Property.

8. Insurance. On commencement of construction or any maintenance, as applicable, on SoCalGas’s or its agents entry on the Property and Abutting Property, such entering parties shall obtain, and naming the FPFA as an additional insured, a policy or policies (which may be a combination of primary coverage and umbrella policies) of commercial general liability insurance. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including, limited contract liability, premises, property damage, bodily injury an d personal injury coverage and incidents and claims, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

SoCalGas shall obtain a Certificate of Insurance (“COI”) naming the City as additionally insured, and must be filed with the City before the commencement of work. SoCalGas shall have the right to self -insure with respect to any or all of the insurance required to be carried by FPFA, and such self-insurance shall be deemed to have satisfied any and all obligation required under this agreement. So Cal Gas hereby grants to FPFA a waiver of any right to subrogation which any insurer of So Cal Gas, or its contractors, may acquire against FPFA by virtue of the payment of any loss under such insurance. So Cal Gas agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or no t FPFA has received a waiver of subrogation endorsement from the insurer.

131

9. Assignment. Parties shall not assign their rights and obligations with respect to the Agreement without the written approval of the non -assigning Party, which approval shall not unr easonably be withheld. Any such attempted assignment without the consent of the non-assigning Party shall be null and void and of no force or effect.

10. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California (without regard to conflicts of law).

11. Waiver. No right or remedy under this Agreement will be waived unless the waiver is in writing and signed by the Party claimed to have made the waiver. One waiver will not be interpreted as a continuing waiver.

12. Attorney’s Fees. If an action is commenced to enforce or interpret any provision of this License, each Party shall be responsible for its own attorney ’s fees and costs incurred in the action.

13. 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).

14. Notices. Any notice, request, demand, consent, approval or other communication (collectively, “Notices”) required or per mitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid or delivered by Express Mail or the U.S. Postal Service or Federal Express or any other courier guaranteeing overnight delivery, charges prepaid. Any Notice may also be transmitted by telecopy. All Notices shall be addressed to t he Party for whom intended, as follows:

FPFA: Fontana Public Financing Authority
8353 Sierra Avenue
Fontana, Ca 92335

SoCalGas: Southern California Gas Company
Land Services
8101 Rosemead Blvd.,SC722K
Pico Rivera, CA 90660-5100
Any Party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully del ivered and received forty-eight (48) hours after mailing as provided above. Any notice or other document sent by overnight service shall be deemed delivered one (1) business day after delivery of the same, charges prepaid, to the U.S. Postal Service or pr ivate courier. If any notice is sent by telecopy, the same shall be deemed served or delivered one (1) business day after confirmation of transmission thereof. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof.
132

15. Amendments. No amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless expressed in writing and signed by the Parties to be bound thereby.

16. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the reaming provisions shall continue in full force and effect.

17. Entire Agreement. This Agreement contains the entire agreement and understanding between the Parties and there are no terms, covenants or conditions which exist other than those contained herein.

18. Construction. The rule of strict construction does not apply to this Agreement. The language of this grant shall be construed simply, according to its fair meaning, so that the intention of the Parties is carried out.

19. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one agreement.

20. Survival. The provisions of Section 4 shall survive the termination of this Agreement.

21. Authority to Execute . The individuals executing this Agreement 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. (Signature Provisions on Following Page)

133

IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement on the date and year first written above.

Fontana Public Financing Authority
By:______________________________________
Name: ___________________________________
Title:____________________________________
Attest:
_______________________________________
Secretary of the Fontana Public Financing Authority

APPROVED AS TO FORM :

By: ____________________________________
Authority Special Counsel
Southern California Gas Company
By:____________________________________
Name Cynthia Munoz
Title: Land & Right of-way Team Lead

134
EXHIBIT "A1"
PARCEL A:THE EAST 165 FEET OF THE WEST 1/2 OF FARM LOT 537, IN THE CITY OF FONTANA, COUNTY OF SANBERNARDINO, STATE OF CALIFORNIA, AS PER MAP SHOWING LANDS BELONGING TO THE SEMI-TROPIC LANDAND WATER COMPANY RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.NOTE: AREA AND DISTANCES ARE COMPUTED FROM THE CENTER OF ADJOINING STREETS AND ROADS.PARCEL B:THE EAST 1/2 OF FARM LOT 557, ACCORDING TO THE MAP OF SUBDIVISION OF LANDS BELONGING TO THESEMI-TROPIC LAND AND WATER COMPANY, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.EXCEPT THEREFROM THE SOUTH 199 FEET OF THE NORTH 499 FEET OF THE EAST 180 FEET OF SAID LOT557.AREAS AND DISTANCES ARE COMPUTED TO STREET CENTERS. 135
EXHIBIT "A2"
136
EXHIBIT B1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE;THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;CONTAINING 2,861 SQUARE FEET MORE OR LESSAREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;CONTAINING 179 SQUARE FEET MORE OR LESS 137
AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET;THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;CONTAINING 266 SQUARE FEET MORE OR LESSSEE PLAT ATTACHED AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 138
L5L6L7L8L9L12L10L13L11L1L2L3L4
EXHIBIT "B"

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Line TableLine #
L5L6L7L8
Length

12.07'8.53'12.86'30.33'
Direction
S44° 42'01"WN89° 28' 01"ES00° 31' 59"EN44° 42' 01"E
L1L2L3L433.00'86.70'33.00'86.70'N00° 31'59"WS89° 28' 01"WS00° 31' 59"EN89° 28' 01"E Line TableLine #
L12L13L10L11L9Length

11.97'21.10'11.97'21.10'21.50'Direction
S45° 17' 59"EN89° 28' 01"EN45° 17' 59"WN89° 28' 01"ES89° 28' 01"WLegendINDICATES PROPOSEDNON-EXCLUSIVEEASEMENT EXHIBIT B2
139
EXHIBIT C1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALF OF LOT 557SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OF MAPS RECORDS OF THECOUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.+COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTH AND MANGOAVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 629.96 FEET; THENCE LEAVING SAIDCENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUEALSO BEING THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 295.54 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE SOUTH 00°31'59" EAST 50.00 FEET LEAVING SAID SOUTHERLY RIGHT OF WAY;THENCE SOUTH 89°28'01" WEST 225.22 FEET PARALLEL TO SAID SOUTHERLY RIGHT OF WAY;THENCE SOUTH 00°31'59" EAST 32.75 FEET;THENCE SOUTH 89°28'01" WEST 40.00 FEET;THENCE NORTH 00°31'59" WEST 32.75 FEET;THENCE SOUTH 89°28'01" WEST 30.75 FEET;THENCE NORTH 00°31'59" WEST 50.00 FEET TO THE POINT OF BEGINNING;EXCEPTING THE AREA1, AREA2 AND AREA3 DESCRIBED AS FOLLOWS.BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE; 140
EXHIBIT C1
THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;AREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET; 141
THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;APPROXIMATE AREA 12,662 SQ. FT/ 0.29 ACRESEE PLAT ATTACHED AS EXHIBIT "C2" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29 142
EXHIBIT C2
LegendINDICATES CELL TOWER ACCESSEASEMENTINDICATES TEMPORARY RIGHT OFENTRY 143
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3367 Agenda Date: 12/10/2024
Agenda #: C. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:
2025 City Hall Holiday and City Council Meeting Calendar RECOMMENDATION:

Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2025.

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:

To formally approve and make available a calendar of City recognized holidays and meetings of the City Council. City staff has developed the proposed Calendar of City Holidays and City Council meetings for 2025 for the City Council’s consideration.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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CITY COUNCIL

MEETING DATE

REPORT SUBMITTAL
DEADLINE (5PM)

REPORT DUE TO CM
DEADLINE (5PM)
January 14, 2025 MEETING CANCELLED MEETING CANCELLED
January 28, 2025 January 13, 2025 January 17, 2025
February 11, 2025 January 27, 2025 January 31, 2025
February 25, 2025 February 10, 2025 February 14, 2025
March 11, 2025 February 24, 2025 February 28, 2025
March 25, 2025 March 10, 2025 March 14, 2025
April 8, 2025 March 24, 2025 March 28, 2025
April 22, 2025 April 7, 2025 April 11, 2025
May 13, 2025 April 28, 2025 May 2, 2025
May 27, 2025 May 12 , 2025 May 16, 2025
June 10, 2025 May 26, 2025 May 30, 2025
June 24, 2025 June 9, 2025 June 13, 2025
July 8, 2025 June 23, 2025 June 27, 2025
July 22, 2025 July 7, 2025 July 11, 2025
August 12, 2025 MEETING CANCELLED MEETING CANCELLED
August 26, 2025 MEETING CANCELLED MEETING CANCELLED
September 9, 2025 August 25, 2025 August 29, 2025
September 23, 2025 September 8, 2025 September 12, 2025 October 14, 2025 September 29, 2025 October 3, 2025
October 28, 2025 October 13, 2025 October 17, 2025
November 11, 2025 MEETING CANCELLED MEETING CANCELLED
November 25, 2025 MEETING CANCELLED MEETING CANCELLED
December 9, 2025 November 24, 2025 November 25, 2025
December 23, 2025 MEETING CANCELLED MEETING CANCELLED

2025 CITY COUNCIL MEETINGS

DATES/REPORT SUBMITTAL DEADLINE/DUE TO CM DATES
145

JANUARY FEBRUARY MARCH

M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31

APRIL MAY JUNE

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30

JULY AUGUST SEPTEMBER

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6
6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30
31 OCTOBER NOVEMBER DECEMBER

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1 2 3 4 5 6
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31
30 OBSERVED HOLIDAYS
January 1 New Year’s Day November 11 Veterans Day Pay Day January 20 Martin Luther King Jr. Day November 27 Thanksgiving Day City Council Meeting February 17 Presidents’ Day November 28 Day After Thanksgiving Cancelled City Council Meeting May 26 Memorial Day December 24 Christmas Eve Observed Holiday July 4 Independence Day December 25 Christmas Day Winter Closure September 1 Labor Day
146
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3394 Agenda Date: 12/10/2024
Agenda #: D. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Adopt the Updated Salary Table for the Non-Classified, Part-time Classifications and City Hall Bargaining Unit Due to Minimum Wage Increases.

RECOMMENDATION:

Adopt Resolution No. 2024-127 a resolution of the City Council of the City of Fontana adopting the non-classified, part-time and City Hall Bargaining Unit salary tables to comply with minimum wage increases, effective January 1, 2025.

COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Operate in a businesslike manner by correcting problems immediately. · Practice sound fiscal management by producing timely and accurate financial information.

DISCUSSION:

In an effort to continually provide living wages to all workers, the California Legislature has enacted a state mandate raising minimum wage from its current level of $16.00 per hour to $16.50 per hour across all industries, effective January 1, 2025.

In order to adhere to the state mandate, the City of Fontana has reassessed current part-time salaries to remain competitive in the marketplace while consistently attracting quality candidates. The City of Fontana also reviewed other salary tables for other classifications that are below $16.50 per hour. There are three classifications in the City Hall Bargaining Unit identified and updated to $16.50 per hour: Cashier, Clerical Aide, and Environmental Control Trainee.

Staff is recommending the formal adoption by City Council of the attached Salary Tables. Formal adoption of all City Salary Tables is in accordance with the guidelines provided by the California Public Employee Retirement System (CalPERS).

FISCAL IMPACT:

Annual fiscal impact related to the 2025 Minimum Wage increase is estimated at $368,780 citywide.

Total for the Community Services Departments is estimated at $358,460 annually, $186,720 in the General Fund and the difference of $171,740 in the After School Program. No additional funding is needed as the current part-time budget in Community Services is able to cover costs associated with the minimum wage increase.

City of Fontana Printed on 12/2/2024Page 1 of 2
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File #: 21-3394 Agenda Date: 12/10/2024
Agenda #: D. Category: Consent Calendar
MOTION:

Approve staff recommendation.

City of Fontana Printed on 12/2/2024Page 2 of 2
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1 of 2
RESOLUTION NO. 2024-127

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

CALIFORNIA, ADOPTING THE UPDATED SALARY TABLES FOR NON-

CLASSIFIED, PART-TIME AND CITY HALL CLASSIFICATIONS DUE TO MINIMUM WAGE ORDER.

W
HEREAS, the City Council of the City of Fontana has adopted the Personnel Rules and Regulations w hich incorporate the City’s Classification and Compensation Plan; and
W
HEREAS, the Classification and Compensation Plan is not a static plan and requires revisions to reflect organizational changes and needs; and NO
W, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, to adopt the updated salary table for the non- classified, part -time classifications (Exhibit A) and City Hall Bargaining Unit (Exhibit B) salary tables, effective December 28, 2024.

AP
PROVED AND ADOPTED this 10th day of December, 2024.

RE
AD AND APPROVED AS TO LEGAL FORM:

City Attorney
I, G
ermaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on the 10th day of December 2024, by the following vote to wit:

A
YES:

NOES:

ABSENT:

ABSTAIN:
___
_______________________
City Clerk of the City of Fontana
149
2 of 2
Resolution No. 2024-

___________________________
Mayor of the City of Fontana

ATTEST:

___________________________
City Clerk
150

NON-CLASSIFIED, PART-TIME CLASSIFICATIONS

HOURLY SALARY TABLE
Effective 12/28/2024
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
After School Community Services Assistant I PT 01 19.19$ 20.15$ 21.16$ 22.22$ 23.34$ HOURLY After School Community Services Assistant II PT 02 20.38$ 21.41$ 22.49$ 23.62$ 24.81$ After School Community Services Assistant III PT 03 21.66$ 22.75$ 23.89$ 25.09$ 26.35$ Animal Services Assistant PT 04 16.50$ 17.33$ 18.20$ 19.11$ 20.07$ Assistant Pool Manager PT 05 20.19$ 21.20$ 22.26$ 23.38$ 24.55$ Audio Visual (AV) Technician I PT 28 18.80$ 19.74$ 20.73$ 21.77$ 22.86$ Audio Visual (AV) Technician II PT29 20.68$ 21.72$ 22.81$ 23.96$ 25.16$ Boards & Commission Secretary PT 06 19.83$
Community Services Assistant PT 07 16.50$ 17.33$ 18.20$ 19.11$ 20.07$ Intern I PT 08 16.50$ 17.33$ 18.20$ 19.11$ 20.07$ Intern II PT 09 17.99$ 18.89$ 19.84$ 20.84$ 21.89$ Intern III PT 10 19.59$ 20.58$ 21.61$ 22.70$ 23.84$ IT Applications Programer PT 11 43.42$
Lifeguard PT 12 17.00$ 17.85$ 18.75$ 19.69$ 20.68$ Maintenance Assistant PT 14 16.50$
Office Assistant PT 15 17.47$ 18.34$ 19.26$ 20.23$ 21.25$ On-Call Police Dispatcher PT 16
Police Background Investigator PT 17 38.04$
Police Cadet PT 18 16.50$ 17.33$ 18.20$ 19.11$ 20.07$ Police Maintenance Coordinator PT 28
Police Reserve Officer PT 19 26.61$
Pool Manager PT 20 22.01$ 23.12$ 24.28$ 25.50$ 26.78$ Retired Annuitant/Consultant PT 26
Senior Audio Visual (AV) Technician PT 30 22.75$ 23.90$ 25.10$ 26.36$ 27.68$ Senior Community Services Assistant PT 21 17.99$ 18.89$ 19.84$ 20.84$ 21.89$ Senior Transportation Specialist PT 22 20.19$ 21.20$ 22.26$ 23.38$ 24.55$ Student Trainee PT 23 16.50$
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
Salary Range $16.00 - $258.00 per hour
(Refer to Police Benefit Association Salary Table)
(Refer to Police Benefit Association Salary Table)

151

NON-CLASSIFIED, PART-TIME CLASSIFICATIONS

HOURLY SALARY TABLE
Effective 12/28/2024
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Traffic Signal Maintenance Assistant PT 13 16.50$ 17.33$ 18.20$ 19.11$ 20.07$ HOURLY Transportation Specialist PT 24 18.58$ 19.52$ 20.50$ 21.53$ 22.61$ Transportation Specialist Trainee PT 27 16.50$
Water Safety Instructor (WSI) PT 25 18.53$ 19.46$ 20.44$ 21.47$ 22.55$ (Step 1 Only)

152

CITY OF FONTANA

AMENDMENT TO CITY HALL BARGAINING UNIT
HOURLY/MONTHLY/ANNUAL PAY SCHEDULE 07/15/2023
Effective 12/28/2024 (MINIMUM WAGE INCREASE)
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$16.50 $17.33 $18.20 $19.11 $20.07 Hourly
$2,860.00 $3,003.87 $3,154.67 $3,312.40 $3,478.80 Monthly $34,320.00 $36,046.40 $37,856.00 $39,748.80 $41,745.60 Annual $16.50 $17.33 $18.20 $19.11 $20.07
$2,860.00 $3,003.87 $3,154.67 $3,312.40 $3,478.80
$34,320.00 $36,046.40 $37,856.00 $39,748.80 $41,745.60
$16.50 $17.33 $18.20 $19.11 $20.07
$2,860.00 $3,003.87 $3,154.67 $3,312.40 $3,478.80
$34,320.00 $36,046.40 $37,856.00 $39,748.80 $41,745.60
Clerical Aide CH27
Cashier CH26
Environmental Control Trainee CH38

City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3416 Agenda Date: 12/10/2024
Agenda #: E. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Approve the Purchase of Glazing Improvements for Police Vehicles RECOMMENDATION:

1. Authorize to procure glazing improvements for police vehicles utilizing the Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - by Another Public Agency using the North Carolina Sheriff’s Association Contract 25-05-0829.

2. Approve the purchase in the amount of $266,153.45 from Dana Safety Supply, Inc. of Greensboro, NC for the safety equipment for the police vehicles.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The Public Works/Engineering Department is responsible for maintaining and replacing a total of five hundred and six (506) vehicles, which include both city and police vehicles. The police fleet consists of seventy-two (72) utility patrol units. The Support Services Division replaces about twenty (20) patrol units each year. This contract will enable the city to purchase windshields, door glass and panels. Dana Safety will install these components on-site for all new patrol units that are purchased.

Dana Safety, Inc. was awarded a contract (25-05-0829) from the North Carolina Sheriff’sAssociation in September 2024 for Vehicle Equipment and Uplifting Procurement Program. The program is open not only to sheriff’soffices, but to any county and or city agency. The Fontana Police Department, along with the city’sSupport Services Division, has determined that this product and service is an essential addition to the vehicle emergency equipment installation process, ensuring officer safety.

FISCAL IMPACT:

The annual fiscal impact for outfitting pursuit vehicles is estimated at $267,000. The fiscal impact associated with the approval of this item will be included in the next Quarterly Budget Adjustment, requested from the General Fund.

MOTION:

Approve staff recommendation
City of Fontana Printed on 12/5/2024Page 1 of 1
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155
156
157
158
159
160
800-845-0405Telephone:

DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407

FONTANA POLICE DEPARTMENT
17005 ULPAND A VE
FONTANA, CA 92335
(For Pickup - LOSA)

CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
543056-B
FONTANAPDCustomer No.

Sales Quote No.

Ship ToBill To
Contact:

Telephone: Telephone:

Contact:
909-350-7749

RACHEL LOPEZ
Payment MethodCustomer PO NumberF.O.B.Ship Via
Credit CardGROUND FREIGHT NON QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
GUS MORINOSTEVE NUGENT- LOSASteve Nugent
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
08/05/24
E-mail: E-mail: [email protected]
1010 N 0.000.0000INFOa6YQ0RWISZ
VEHICLE INFORMA TION 2024 FORD PIU
Warehouse: LOSA
1010 Y 80,000.008,000.0000EVPa6YQ0RWWZU

EMERGENCY VEHICLE PACKAGE
Warehouse: LOSA
1010 N 0.000.0000FE-W-2568a6YQ0RZOFR
ISBI IIIA WINDSHIELD, 2020+ FORD EXPLORER
Warehouse: LOSA
1010 N 0.000.0000FE-L-3154a6YQ0S08AM
ISBI BALLISTIC GLASS, LEFT WINDOW, EXPLORER 2020-C
Warehouse: LOSA
1010 N 0.000.0000FE-R-3153a6YQ0S2JED
ISBI BALLISTIC GLASS, RIGHT WINDOW, EXPLORER 2020-C
Warehouse: LOSA
1010 N 1,500.00150.0000INSTALLa6YQ0S34BU

DSS INSTALLA TION OF EQUIPMENT
Warehouse: LOSA
1010 Y 3,500.00350.0000INSTALL KITa6YQ0S3CI4
MISC INSTALLA TION SUPPLIES I.E.

Warehouse: LOSA

LOOM, WIRE, HARDW ARE, CONNECTORS, ETC
************************************************
09/04/24
01:42:12 PM
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Print Time
Print Date
Printed By: Steve Nugent
Continued on Next Page
a6YQ0S3CI4
161
800-845-0405Telephone:

DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407

FONTANA POLICE DEPARTMENT
17005 ULPAND A VE
FONTANA, CA 92335
(For Pickup - LOSA)

CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
543056-B
FONTANAPDCustomer No.

Sales Quote No.

Ship ToBill To
Contact:

Telephone: Telephone:

Contact:
909-350-7749

RACHEL LOPEZ
Payment MethodCustomer PO NumberF.O.B.Ship Via
Credit CardGROUND FREIGHT NON QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
GUS MORINOSTEVE NUGENT- LOSASteve Nugent
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
08/05/24
E-mail: E-mail: [email protected]
1010 N 13,990.001,399.000001-00358a6YQ0S43XH
ANGEL ARMOR, 2020-24 PIU, Level II
Warehouse: LOSA
1010 N 13,990.001,399.000001-00359a6YQ0S8KTX
ANGEL ARMOR, 2020-24 PIU, Level III+
Warehouse: LOSA
1010 N 8,000.00800.0000INSTALLa6YQ0SA0XT

DSS INSTALLA TION OF EQUIPMENT
Warehouse: LOSA
1010 N 2,750.00275.0000TRA VELa6ZK0T1ZUD

TRA VEL EXPENSE FOR ON SITE INSTALLS
Warehouse: LOSA

NUMBER OF NIGHTS -

NUMBER OF INSTALLERS -
Approved By:

Approve All Items & Quantities
Quote Good for 30 Days
09/04/24
01:42:12 PM
2Page No.

Print Time
Print Date
Printed By: Steve Nugent
Order Total
Sales Tax7.750 %
Freight
Subtotal
130,201.25
6,471.25

0.00 123,730.00
a6ZK0T1ZUD
162
800-845-0405Telephone:

DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407

FONTANA POLICE DEPARTMENT
17005 ULPAND A VE
FONTANA, CA 92335
(For Pickup - LOSA)

CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
541627-D
FONTANAPDCustomer No.

Sales Quote No.

Ship ToBill To
Contact:

Telephone: Telephone:

Contact:
909-350-7749

RACHEL LOPEZ
Payment MethodCustomer PO NumberF.O.B.Ship Via
Credit CardGROUND FREIGHT NON QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
GUS MORINOSTEVE NUGENT- LOSASteve Nugent
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/24/24
E-mail: E-mail: [email protected]
1010 N 0.000.0000INFOa6YE19AF0S
VEHICLE INFORMA TION 2024 CHEVY TAHOES
Warehouse: LOSA
1010 Y 80,000.008,000.0000EVPa6YE19AUKC

EMERGENCY VEHICLE PACKAGE
Warehouse: LOSA

INCLUDES WINDSHIELD, LEFT AND RIGHT FRONT DOOR GLASS
iNSTALL KIT, SHIPPING AND LABOR.
1010 N 0.000.0000CT-W-2663a6YE19BVJS
ISBI 2021 TAHOE WINDSHIELD
Warehouse: LOSA
1010 N 0.000.0000CT-L-3332a6YE19CRAJ
ISBI 2021 TAHOE LEFT WINDOW
Warehouse: LOSA
CT-L-3332
1010 N 0.000.0000CT-R-3331a6YE19DDHL
ISBI 2021 TAHOE RIGHT WINDOW
Warehouse: LOSA
1010 N 1,500.00150.0000FREIGHTa6YF0SNSQQ

INCOMING FREIGHT
Warehouse: LOSA
09/04/24
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Print Time
Print Date
Printed By: Steve Nugent
Continued on Next Page
a6YF0SNSQQ
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800-845-0405Telephone:

DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407

FONTANA POLICE DEPARTMENT
17005 ULPAND A VE
FONTANA, CA 92335
(For Pickup - LOSA)

CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
541627-D
FONTANAPDCustomer No.

Sales Quote No.

Ship ToBill To
Contact:

Telephone: Telephone:

Contact:
909-350-7749

RACHEL LOPEZ
Payment MethodCustomer PO NumberF.O.B.Ship Via
Credit CardGROUND FREIGHT NON QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
GUS MORINOSTEVE NUGENT- LOSASteve Nugent
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/24/24
E-mail: E-mail: [email protected]
1010 Y 3,500.00350.0000INSTALL KITa6YF0SO769
MISC INSTALLA TION SUPPLIES I.E.

Warehouse: LOSA

LOOM, WIRE, HARDW ARE, CONNECTORS, ETC
************************************************
1010 Y 15,490.001,549.000001-00405a6YF16CQ5Q
ANGEL ARMOR 21+ TAHOE FRONT DRIVER SIDE
Warehouse: LOSA
1010 Y 15,490.001,549.0000MISCa6YF15OCYM
ANGEL ARMOR (01-00406) LEVEL IIIA FRONT RIGHT
Warehouse: LOSA
1010 N 8,000.00800.0000INSTALLa6YF15770X

DSS INSTALLA TION OF EQUIPMENT
Warehouse: LOSA
1010 N 2,750.00275.0000TRA VELa6ZK0SWA9R

TRA VEL EXPENSE FOR ON SITE INSTALLS
Warehouse: LOSA

NUMBER OF NIGHTS -

NUMBER OF INSTALLERS -
09/04/24
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2Page No.

Print Time
Print Date
Printed By: Steve Nugent
Continued on Next Page
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800-845-0405Telephone:

DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407

FONTANA POLICE DEPARTMENT
17005 ULPAND A VE
FONTANA, CA 92335
(For Pickup - LOSA)

CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
541627-D
FONTANAPDCustomer No.

Sales Quote No.

Ship ToBill To
Contact:

Telephone: Telephone:

Contact:
909-350-7749

RACHEL LOPEZ
Payment MethodCustomer PO NumberF.O.B.Ship Via
Credit CardGROUND FREIGHT NON QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
GUS MORINOSTEVE NUGENT- LOSASteve Nugent
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
07/24/24
E-mail: E-mail: [email protected]
Approved By:

Approve All Items & Quantities
Quote Good for 30 Days
09/04/24
01:29:42 PM
1Page No.

Print Time
Print Date
Printed By: Steve Nugent
Order Total
Sales Tax7.750 %
Freight
Subtotal
135,952.20
8,872.20
350.00
126,730.00
a6ZK0SWA9R
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3422 Agenda Date: 12/10/2024
Agenda #: F. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award a Construction Contract for the Pacific Electric Trail Canopy (Outdoor Fitness Zone Equipment) PW-24-251-CC
RECOMMENDATION:

Award bid and authorize the City Manager to execute a construction contract with A&R Tarpaulins, Inc. for the construction of the Pacific Electric Trail - Canopy (Outdoor Exercise Equipment) in the amount of $162,194.11 and authorize a 10% contingency in the amount of $16,219.41 (Bid No. PW- 24-251-CC).

COUNCIL GOALS:
· Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging healthy eating, regular physical activity, and responsible individual choices.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The Pacific Electric Trail as it currently exists is an 18-mile long multi-use pedestrian and bicycle path that follows the old Pacific Electric Railway from Claremont to Rialto. The trail has transformed active transportation opportunities for the City of Fontana, enhancing old railways into new trails for the community. The Pacific Electric Trail is multiuse for bicyclists, runners, and pedestrians along with connection to the larger regional non-motorized, multi-use commuter and recreational trail system.

The trail supports the City’s‘HealthyFontana’goals, providing local historical enrichment alongside a sustainable and nurturing destination. This project will provide a canopy shade for the new outdoor Fitness Zone exercise equipment that will be installed along the trail east of Interstate 15 Freeway and west of North Heritage Circle.

On November 7, 2024, at 2:00pm, the bid for this contract was opened. A total of twenty-six (26) vendors were notified and eighteen (18) bidders downloaded the bid documents. The city only received one (1) bid from A&R Tarpaulins, Inc. of Fontana, California. After reviewing the proposed bid documents, Purchasing has determined A&R Tarpaulins, Inc. to be responsible and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $162,194.11 plus a 10% contingency in the amount of $16,219.41 and is included in the 2024-25 Current Budget for the Pacific Electric Trail City of Fontana Printed on 12/5/2024Page 1 of 2
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File #: 21-3422 Agenda Date: 12/10/2024
Agenda #: F. Category: Consent Calendar
project 37600072-301-A-8330.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 12/5/2024Page 2 of 2
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3 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
California - Fontana - Pacific Electric Trail
VERSION1 REV1 - 2024-01-05
169
4 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
California - Fontana - Pacific Electric Trail
VERSION1 REV1 - 2024-01-05
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City of Fontana
Pacific Electric Trail - Canopy (Outdoor Exercise Equipment) (PW-24-251-CC), bidding on 11/07/2024 2:34 PM (PST)

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PlanetBids
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City of Fontana
Pacific Electric Trail - Canopy (Outdoor Exercise Equipment) (PW-24-251-CC), bidding on 11/07/2024 2:34 PM (PST)

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City of Fontana
Pacific Electric Trail - Canopy (Outdoor Exercise Equipment) (PW-24-251-CC), bidding on 11/07/2024 2:34 PM (PST)

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City of Fontana
Pacific Electric Trail - Canopy (Outdoor Exercise Equipment) (PW-24-251-CC), bidding on 11/07/2024 2:34 PM (PST)

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3441 Agenda Date: 12/10/2024
Agenda #: G. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for September 2024.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The September 2024 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 12/2/2024Page 1 of 1
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POLICE DEPARTMENT

MONTHLY REPORT
September 2024
176

NOTEWORTHY EVENTS
• Fontana Police honored all the female police officers for National Police Women’s Day. • Lieutenant Tusant held an Area Commander Meeting for Area 3 at the Fontana Senior Center.
• Fontana Police held their first meeting for this years’ fall session of the Citizen Academy. • Fontana Police Officers shopped with underprivileged children to assist them with back-to- school clothing and supplies.
• Fontana Police held a Special Needs Resource Fair.
• Fontana Police participated in the annual “Chillin n’ Grillin” event. • Fontana Police ICAC unit arrested numerous individuals for child pornography crimes.

KA1
177
Slide 2
KA1 Kevin Anderson, 2/9/2021
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CITYWIDE
• Priority 1 response time- 4:14 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,857
• Total Traffic Accidents- 212
• Non-Injury- 155, Injury – 57
• Total arrests- 459
• Hispanic- 308, White- 70 , Black- 61, All other races- 20 • Total Group A Offenses- 702
• Crimes Against Persons- 189
• Crimes Against Property- 345
• Crimes Against Society- 168
180
CITYWIDE• Crimes Against Person- 189
• Homicide- 0
• Sex Offenses- 14
• Assault- 164
• Kidnapping- 3
• Other- 8
• Crimes Against Property- 345
• Robbery- 17
• Burglary- 27
• Larceny- 144
• Destruction of Property- 37
• Fraud- 29
• Possession of Stolen Property- 29
• Motor Vehicle Theft- 53
• Other Miscellaneous Property Crimes- 9
• Crimes Against Society- 168
• Drug and Paraphernalia Possession- 127
• Possession of Child Pornography- 10
• Possession of Weapons- 31
• Other Miscellaneous Crimes- 0
181

CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
182
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 71
• Crimes Against Persons- 17
• Crimes Against Property- 43
• Crimes Against Society- 11
183
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 167
• Crimes Against Persons- 54
• Crimes Against Property- 90
• Crimes Against Society- 23
184
BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 293
• Crimes Against Persons- 91
• Crimes Against Property- 130
• Crimes Against Society- 72
185
Beat 4

AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 121
•Crimes Against Persons- 25
•Crimes Against Property- 78
•Crimes Against Society- 18
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ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 187
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3444 Agenda Date: 12/10/2024
Agenda #: H. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Exclusive Negotiation Agreement (ENA) for property located at 8425 Cypress Avenue.

RECOMMENDATION:

Approve an Exclusive Negotiation Agreement (ENA) between the City of Fontana, the Fontana Housing Authority and Slovene Partners LLC, a California limited liability company to facilitate future development of an affordable permanent housing project and authorize the Executive Director to execute the ENA; and any other related documents.

COUNCIL GOALS:
· To promote affordable housing by construction of high-quality multi-family housing which also serves to address the affordability needs of this community.

DISCUSSION:

The property located at 8425 Cypress Avenue; more specifically described as APN 0191-121-40, is adjacent to the Pacific Electric Trail system and Seville Park. The vacant land is approximately 1.04 acres that is currently owned by the City of Fontana.

As the first step in the development process, the City intends to enter into an Exclusive Negotiating Agreement (ENA) with Slovene Partners LLC, with the following proposed deal-points:
· The City agrees not to negotiate with any entity, other than the Developer, regarding development of the Site, or solicit or entertain bids or proposals. · The ENA will be in place for a period of 270 days following approval by the Housing Authority with an additional ninety (90) day extensions.
· As part of the ENA, the developer will conduct studies and due diligence on the property. · Within ninety (90) days of the ENA period the developer shall produce and submit to the Housing Authority the following items:

1. A proposed complete conceptual development plan for the Project on the Property that describes and depicts: (a) the location and placement of proposed buildings and the architecture and elevations of the proposed buildings;

2. A proposed time schedule and cost estimates for the development of the Project on the Property.
· The items identified above will be presented to the Housing Authority and/or city staff for their review and consideration. If the developer receives positive feedback and concurrence, they City of Fontana Printed on 12/5/2024Page 1 of 2
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File #: 21-3444 Agenda Date: 12/10/2024
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shall proceed with securing any/all entitlements (including planning, building and engineering) required for development of the site.
· The Housing Authority and the developer agree to negotiate diligently and in good faith to prepare and enter into a Disposition and Development Agreement (DDA). It is the specific purpose and intent of the ENA to transition into a DDA for the ultimate development of this property.
· The Housing Authority will grant the Developer $600,000 for the purposes of design development and entitlement costs. Funds will be managed by First American Escrow.

Approval of the ENA with Slovene Partners LLC will facilitate development of 8425 Cypress Avenue vacant land for an affordable housing project located in Central Fontana.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $600,000 which the Housing Authority will grant the developer for pre-development expenses.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 12/5/2024Page 2 of 2
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1 50690454.1/202044.0001
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EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
(Fontana – Slovene Hall)
This Exclusive Negotiating Rights Agreement (this “Agreement”) is entered into as of this ____ day of __________, 20__ (the “Effective Date”) by and between the CITY OF FONTANA, a California municipal corporation (the “ City”), the FONTANA HOUSING AUTHORITY, a public body corporate and politic (the “Authority”), and SLOVENE PARTNERS LLC, a California limited liability company (the “Developer”). The Authority, the City and the Developer are each a “Party” and collectively the “ Parties.” The Parties have entered into this Agreement on the basis of the following facts:

RECITALS
A. The City is the owner of approximately 1.04 acres of vacant land located at 8425 Cypress Avenue (the “Site”) as more particularly described on Exhibit A and depicted in Exhibit B attached hereto.

B. The City currently holds fee title to the Site and will retain fee title throughout the development and operation of the Project (defined below). The City will lease the Site to the Developer. And t he Developer (or its affiliates) plans to construct and operate an Authority- sponsored housing development for the homeless, or those at risk of becoming homeless, on the Site (the “Project”).

C. The purpose of this Agreement is to establish procedures and standards for the negotiation by the Authority , the City, and the Developer of a disposition and development agreement (a “DDA”) pursuant to which, it is presently contemplated: (i) if specified preconditions are satisfied, the City will ground lease the Site to the Developer; and ( ii) the Developer will construct and operate the Project on the Site. As more fully set forth in Section 3.1, the Developer acknowledges and agrees that this Agreement in itself does not obligate any Party to acquire or convey any interest in the Site, does not grant the Developer the right to develop the Project, does not obligate the Authority to make the Authority Grant (defined below), and does not obligate the Developer to any activities or costs to develop the Project, except the costs for the preliminary analysis and negotiations contemplate d by this Agreement (subject to reimbursement from the Predevelopment Advance described below).

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficie ncy of which is hereby acknowledged, the Parties mutually agree as follows:

ARTICLE 1

EXCLUSIVE NEGOTIATIONS RIGHT
Section 1.1 Good Faith Negotiations . During the Negotiating Period described in Section 1.2 below, the Authority, the City, and the Developer shall negotiate diligently and in good faith the terms of a DDA for the ground lease of the Site and the development of the Project on the Site. During the Negotiating Period, the Parties will use good faith efforts to facilitate the 190

2 50690454.1/202044.0001
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negotiation of a mutually satisfactory DDA. It is presently contemplated that the DDA will attach a form of ground lease, along with development budgets and other documents as required by the Authority and the City and agreed to by the Developer.

Among the issues to be addressed during the Negotiating Period are: (i) the provisions and conditions of the ground lease for the Site by the City to the Developer, including, without limitation the term of the ground lease, (ii) the number of units that will be constructed on the Site as part of the Project; (iii) the Authority’s financial assistance provided to construct and operate the Project, and (iv) conceptual planning activities, including preparation of a schematic design of the Project and preliminary analysis of land use entitlements needed to develop the Project on the Site.

Subject to further negotiation, the DDA is anticipated to contain the following terms:
(a) The ground rent for the Site will be One Dollar ($1) per year for the term of the ground lease. The Parties acknowledge that this and other provisions contemplated herein may trigger prevailing wage requirements for the Project.
(b) The Authority will grant to the Developer an amount not to exceed Eleven Million Dollars ($11,000,000) to finance the Developer’s predevelopment and development of the Project on the Site (“Authority Grant”).
(c) The Developer anticipates that the City will secure a welfare tax exemption for the Project.
(d) The Authority will fund a social services budget for the Project, with services to be provided by Quality Management Group as property manager. (e) The Authority and the City will cooperate with the Developer in obtaining all required entitlements to develop and operate the Project.

Section 1.2 Negotiating Period . The negotiating period (the “ Negotiating Period ”) under this Agreement shall be two hundred and seventy (270) days, commencing on the Effective Date. The Negotiating Perio d may be extended on the Authority’s and the City’s behalf for an additional period of ninety (90) days by the Executive Director (for the Authority) and the City Manager (for the City) if, in the Executive Director’s and the City Manager’s reasonable judgment, sufficient progress toward a mutually acceptable DDA has been made to merit such extension.

If by the expiration of the Negotiating Period (as the Negotiating Period may be extended by operation of the preceding paragraph), the Authority, the City, and the Developer have not agreed upon a form of DDA to be presented to the Authority Board and the City Council for approval, then this Agreement shall terminate and no P arty shall have any further rights or obligations under this Agreement. If a DDA is executed by the Authority , the City, and the Developer, this Agreement shall thereupon terminate, and all rights and obligations of the Parties shall be as set forth in the executed DDA.
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Section 1.3 Exclusive Negotiations . During the Negotiating Period (as such Negotiating Period may be extended by operation of Section 1.2), the Authority and the City shall not negotiate with any entity, other than the Develope r, regarding development of the Site, or solicit or entertain bids or proposals to do so. Notwithstanding the foregoing, to the extent required by law, the City shall comply with the Surplus Lands Act, Government Code section 54222, et seq., during the Negotiation Period.

Section 1.4 Predevelopment Costs. The Authority will provide the Developer with up to Six Hundred Thousand Dollars ($600,000) of the Authority Grant for predevelopment expenses necessary for due diligence outlined in Section 2.4 and to entitle the Project (“Predevelopment Advance”). The Predevelopment Advance will be used by the Developer to pay for, among other predevelopment expenses, environmental review, remediating any environmental conditions, structural soils analysis, architectural and engineering plans, and all fees and expenses required by the City in connection with obtaining the land use and other entitlements required to develop and operate the P roject. The Parties acknowledge and agree that the Authority shall deposit the Predevelopment Advance funds with First American Title Company (“Escrow Holder”), who shall be responsible for disbursing said funds to the Developer. The Parties further agree that the Authority, the Developer , and the Escrow Holder shall enter into an agreement governing the disbursement of the Predevelopment Advance . Said agreement shall be consistent with this Agreement, reasonably satisfactory to the Executive Director an d the Developer , include a schedule of performance, and contain reasonable and customary conditions for each disbursement, but not, however, a condition requiring further discretionary consent by the Authority or the City.

If a DDA is executed by the Parties, the Parties acknowledge and agree that the Predevelopment Advance shall be included in the Authority Grant provided to the Developer thereunder. If the Parties do not execute a DDA, the Developer shall deliver all work product (including the Project Materials, as defined below) generated with the Predevelopment Advance funds to the Authority, along with an assignment of such work product to the Authority in the form attached as Exhibit C.

Such delivery of work product sha ll render the Predevelopment Advance satisfied and repaid in full. The work product (including the Project Materials) will be delivered without warranty as to accuracy or completeness.

Section 1.5 Identification of the Developer ’ Representatives. The Developer’s representatives to negotiate the DDA with the Authority and the City are Josh LaBarge, R. Stan Smith, Tim Johnson, and the Developer’s designated legal representatives.

ARTICLE 2

NEGOTIATION TASKS
Section 2.1 Overview. To facilitate negotiation of the DDA, the Parties will use reasonable good faith efforts to accomplish the tasks set forth in this Article 2 in a timeframe that will support negotiation of a mutually acceptable DDA prior to the expiration of the Negotiating Period.

Section 2.2 Financing and Costs of Project. During the Negotiation Period, the Developer will prepare estimated development and construction budgets for the entitlement , development, and operation of the Project (the “Financing Proposal”). The Financing Proposal shall be refined by the Parties during the Negotiating Period, as appropriate, and will be used to 192

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evaluate the financial feasibility of the Project and to assist in the negotiation of the amount of financial assistance which will be provided by the Authority via the Authority Grant.

Section 2.3 Conceptual Site Plans. Within ninety (90) days of the Effective Date of this Agreement, the Developer shall prepare conceptual Site plans, including a preliminary analysis of entitlements required for the Project, for the Authority’s and the City’s review and approval.

Section 2.4 Physical Due Diligence. During the Negotiating Period the Developer shall conduct physical due diligence of the Site to determine its suitability for the Project (“Due Diligence Investigations”).
(a) The City licenses the Developer to enter the Site for the sole purpose of conducting the Due Diligence Investigations, subject to all of the terms and conditions of this Agreement. The license given in this Section 2.4 shall terminate with the termination of this Agreement. Any Due Diligence Investigations by the Developer shall not unreasonably disrupt any then-existing use or occupancy of the Site. The Developer shall provide the City with at least forty-eight (48) hours advance written notice of the Developer’s intent to enter the Site. (b) The Developer shall not conduct any intrusive or destructive testing on any portion of the Site, other than low volume soil samples or other testing required to prepare necessary environmental documents for the development of the Project, without the City’s prior written consent, which shall not be unreasonably withheld or delayed. Subject to reimbursement as provided in Section 1.4 the Developer shall pay all of the Developer’s vendors, inspectors, surveyors, consultants or agents engaged in any inspection or testing of the Site, such that no mechanics liens or similar liens for work performed are imposed upon the Site by any third party employed or contracted by the Developer (individually, a “ Developer Party,” and collectively, “Developer Parties”).
(c) Prior to any entry on the Site by the Developer, the Developer shall secure and maintain (i) Liability Insurance (defined below) that will cover the activities of the Developer and the Developer Parties on the Site and shall name the Authority and the City as additional insureds thereunder, and ( ii) workers’ compensation insurance. Not less than twenty-four (24) hours prior to entering the Site, the Developer shall provide a certificate of insurance to the City evidencing the insurance required herein.
(1) “Liability Insurance” means commercial general liability insurance against claims for bodily injury, personal injury, death, or property damage occurring upon, in, or about the Site, the Project or adjoining streets or passageways, with a minimum liability limit of Two Million Dollars ($2,000,000) for any one occurrence and which may be provided through a combination of primary insurance in the amount of One Million Dollars ($1,000,000), and excess or self-insurance for the balance.
(d) The Developer shall indemnify, defend, and hold harmless the Authority and the City against any claim to the extent such claim arises from: ( i) any wrongful intentional act or negligence of the Developer and Developer Parties relating to the Project; ( ii) any claims relating to Due Diligence Investigations except for the mere discovery of existing hazardous materials; ( iii) any agreements that the Developer (or anyone claiming by or through the 193

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Developer) makes with a Developer Party regarding the Site, the Due Diligence Investigations, or the Project; (iv) any worker ’s compensation claim or determination relating to any employee of the Developer or the Developer Parties; or ( v) any prevailing wage action p ertaining to this Agreement, Due Diligence Investigations, or the Project. The foregoing indemnity obligations do not apply to ( A) any loss, liability, cost, claim, damage, injury or expense to the extent arising from or related to the acts or omissions o f the Authority or the City, (B) any diminution in value in the Site arising from or relating to matters discovered by the Developer during its investigation of the Site, and (C) any latent defects in the Site discovered by the Developer. Such obligation to indemnify shall include all reasonable legal fees and costs , monetary awards, sanctions, attorney fee awards, expert witness and consulting fees, and the expenses of any and all financial or performance obligations resulting from the disposition of the legal action.

Section 2.5 Independent of Insurance Obligations . The Developer’s indemnification obligations under this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying the Developer’s insurance or other obligations under this Agreement.

Section 2.6 Survival of Indemnification and Defense Obligations . The indemnity and defense obligations of the Parties under this Agreement shall survive the expiration or earlier termination of this Agreement, until any and all actual or prospective claims regarding any matter subject to an indemnity obligation under this Agreement are fully, finally, absolutely and completely barred by applicable statutes of limitations.

Section 2.7 Environmental Review . During the Negotiating Period, subje ct to reimbursement by the Authority as provided in Section 1.4, the Developer shall prepare and submit to the City such plans, specifications, drawings, and other information, as specified by the City, that are reasonably required for the performance of the environmental review process required by CEQA for the Project (the “Project Materials”).

ARTICLE 3

GENERAL PROVISIONS
Section 3.1 Limitation on Effect of Agreement. This Agreement shall not obligate the Authority, the City, or the Developer to enter into a DDA for the Project. Except for the obligations arising under Section 1.4 , which are immediately effective and binding, e xecution of this Agreement by the Authority and the City is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent Authority Board and City Council action the final determination, in the Authority Board’s and City Council’s sole and absolute discretion, regarding the execution of a DDA and all proceedings and decisions in connection therewith. Any DDA resulting from negotiations pursuant to this Agr eement shall become effective only if and after such DDA has been considered and approved by the Authority Board and the City Council , in the Authority Board’s and City Council’s sole and absolute discretion, following conduct of all legally required proce dures, and executed by duly authorized representatives of the Authority, the City, and the Developer. Until and unless a DDA is signed by the Developer, approved by the Authority Board and the City Council , and executed by the Authority and the City, no agreement drafts, actions, deliverables or communications arising from the performance of this Agreement shall impose any legally binding obligation on any Party to 194

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enter into or support entering into a DDA or be used as evidence of any oral or implied agreement by any Party to enter into any other legally binding document.

Section 3.2 Notices. Formal notices, demands and communications between the Authority, the City, and the Developer shall be sufficiently given if, and shall not be deemed given unless, dispatched by certified mail, postage prepaid, return receipt requested, or sent by express delivery or overnight courier service, to the office of the Parties shown as follows, or such other address as the Parties may designate in writing from time to time:

If to the Authority: Fontana Housing Authority
Attn: Executive Director
8353 Sierra Avenue
Fontana, CA 92335

If to the City: City of Fontana
Attn: City Manager
8353 Sierra Avenue
Fontana, California 92335
With a copy to:

Best Best & Krieger, LLP
Attn: Elizabeth W. Hull
18101 Von Karman Ave, Suite 1000
Irvine, CA 92614

If to the Developer: Slovene Partners LLC
Attn: Joshua LaBarge
3105 East Guasti Road, Suite 100
Ontario, CA 91761

With a copy to: Fennemore, LLP
Attn: Kevin K. Randolph
550 E. Hospitality Lane, Suite 350
San Bernardino, CA 92408
Such written notices, demands and communications shall be effective on the date shown on the delivery receipt as the date delivered or the date on which delivery was refused.

Section 3.3 Costs and Expenses. Except with respect to the Developer’s reimbursement right referenced in Section 1.4 of this Agreement, each party shall be responsible for its owns costs and expenses in connection with any activities and negotiations undertaken in connection with this Agreement, and the performance of each party’s obligations under this Agreement.

Section 3.4 Defaults and Remedies.
(a) Default. Failure by any Party to negotiate in good faith as provided in this Agreement shall constitute an event of default under this Agreement. The non -defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured fifteen (15) days after 195

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receipt by the defaulting Party of such notice, the non-defaulting Party may exercise the remedies set forth in subsection (b).
(b) Remedies. In the event of an uncured default by the Authority or the City, the Developer’s sole remedy shall be to terminate this Agreement. Following such termination no Party shall have any further right, remedy or obligation under this Agreement , except that the Authority shall reimburse the Developer as provided in Section 1.4 for those predevelopment expenses incurred prior to termination and for the Developer’s consultants’ and contractors’ reasonable termination expenses.

In the event of an uncured default by the Developer, the Authority’s and the City’s sole remedy shall be to terminate this Agreement and obtain the work product (including the Project Materials) from the Developer as provided in Section 1.4. Following such termination and the Developer delivering of these materials (without representation or warranty) to the Authority and the City, no Party shall have any right, remedy or obligation under this Agreement.

Except as expressly provided above, no Party shall have any liabilit y to the other Party for damages or otherwise for any default, nor shall any Party have any other claims with respect to performance under this Agreement. Each Party specifically waives and releases any such rights or claims it may otherwise have at law or in equity.

Section 3.5 Attorneys’ Fees. The prevailing Party in any action to enforce this Agreement shall be entitled to recover attorneys’ fees and costs from the non-prevailing Party(ies).

Section 3.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

Section 3.7 Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the subject matter of this Agreement.

Section 3.8 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement.

Section 3.9 Amendment. To be effective, a ny amendment to this Agreement must be in writing and signed by the Executive Director, the City Manager, and the Developer.

Section 3.10 Assignment. The Developer may not transfer or assign any or all of its rights or obligations hereunder without the prior written consent of the Authority and the City , which consent shall be grante d or withheld in the Authority’s and the City’s sole discretion, and any such attempted transfer or assignment without the prior written consent of Authority and City shall be void. Notwithstanding the foregoing, the Developer may assign its interest in t his Agreement to a limited partnership or limited liability company in which the Developer, and/or its members, and/or partners maintain a “controlling interest.” “Controlling interest” means the legal right to direct and control the activities of the assignee. [Signatures on next page]
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IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the dat e first above written.

DEVELOPER:

SLOVENE PARTNERS, LLC, a California
limited liability company

By:

Name:

Its:

AUTHORITY:

FONTANA HOUSING AUTHORITY, a
public body corporate and politic

By:

Name: Matthew Ballantyne
Its: Executive Director
CITY:

CITY OF FONTANA, a California
municipal corporation

By:

Name: Matthew Ballantyne
Its: City Manager
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP

General Counsel

ATTEST:

By:___________________________________
City Clerk

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EXHIBIT A
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EXHIBIT A

LEGAL DESCRIPTION OF THE SITE
All that certain real property located in the City of Fontana, County of San Bernardino, State of California, as more particularly described as follows:
[INSERT LEGAL]
APN ________________
198

EXHIBIT B-1
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EXHIBIT B

DEPICTION OF THE SITE

199

EXHIBIT C-1
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EXHIBIT C

ASSIGNMENT OF ARCHITECTURAL AGREEMENTS

AND PLANS AND SPECIFICATIONS
[Slovene Hall]

FOR VALUE RECEIVED, the undersigned, Slovene Partners, LLC, a California limited liability company (“ Developer”), assigns to the Fontana Housing Authority , a public body, corporate and politic (“ Authority”) all of its right, title and interest in and to all architectural, design, engineering and deve lopment agreements, and any and all amendments, modifications, supplements, addenda and general conditions thereto (collectively, “ Architectural Agreements”), and all plans and specifications, shop drawings, working drawings, amendments, modifications, changes, supplements, general conditions and addenda thereto (collectively, “Construction Documents”), heretofore or hereafter entered into or prepared by any architect, engineer or other person or entity (collectively, “ Architect”), for or on behalf of De veloper in connection with the construction of the improvements on the real property described on Exhibit A-1 attached hereto.

This ASSIGNMENT OF ARCHITECTURAL AGREEMENTS AND PLANS AND SPECIFICATIONS (“Assignment”) constitutes a future and conditional assignment to the Authority that may be enforced subject to the terms and conditions of that certain “Exclusive Negotiating Rights Agreement” dated ______________, 202__ (“ ENA”), among the Authority, the City of Fontana, and the Developer.

Developer acknowledges that by accepting this Assignment, the Authority does not assume any of Developer’s obligations under the Architectural Agreements with respect to the Construction Documents.

Developer represents and warrants to the Authority that: (a) all Architectural Agreements entered into by Developer are in full force and effect and are enforceable in accordance with their terms and no default, or event which would constitute a default after notice or the passage of time, or both, exists with respect to said Architectural Agreements; and (b) Developer has not assigned any of its rights under the Architectural Agreements or with respect to the Construction Documents.

This Assignment shall be governed by the laws of the State of California, except to the extent that federal laws preempt the laws of the State of California, and Developer consents to the jurisdiction of any federal or state court within the State of California having proper venue for the filing and maintenance of any action arising hereunder and agrees that the prevailing party in any such action shall be entitled, in addition to any other recovery, to reasonable attorneys’ fees and costs.

This Assignment shall be binding upon and inure to the benefit of the heirs, legal representatives, assigns, and successors-in-interest of Developer and the Authority. 200

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The attached Architect’s/Engineer’s Consent and Exhibit A-1 are incorporated by reference.

Executed by Developer on [date].

DEVELOPER:

SLOVENE PARTNERS, LLC,
a California limited liability company

By:

Name:

Its:

Dated:

201

EXHIBIT C-3
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ARCHITECT’S/ENGINEER’S CONSENT
[Slovene Hall]

The undersigned architect and/or engineer (collectively referred to as “Architect”) hereby consents to the foregoing Assignment to which this Architect’s/Engineer’ s Consent (“Consent”) is a part, and acknowledges that there presently exists no unpaid claims due to the Architect arising out of the preparation and delivery of the Construction Documents to Developer or the performance of the Architect’s obligations under the Architectural Agreements described in the Assignment.

Architect agrees that, by virtue of the foregoing Assignment, the Authority has succeeded to all of Developer’s right, title and interest in, to and under the Architectural Agreements and the Construction Documents and, therefore, so long as the Architect continues to receive the compensation called for under the Architectural Agreements, the Authority and its successors and assigns may, at their option, use and rely on the Construction Documents for the purposes for which they were prepared, and Architect will continue to perform its obligations under the Architectural Agreements for the benefit and accou nt of the Authority and its successors and assigns in the same manner as if performed for the benefit or account of Developer in the absence of the Assignment.

Architect warrants and presents that Architect has no knowledge of any prior assignment(s) of any interest in either the Construction Documents or the Architectural Agreements. Except as otherwise defined herein, the terms used herein shall have the meanings given them in the Assignment.

Executed on [date].

ARCHITECT

By: _______________________________________
Name: ____________________________________
Title: _____________________________________

Architect’s Address:
__________________________________________
__________________________________________
Phone No.:

Fax No.:

202

EXHIBIT C-4
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ASSIGNMENT EXHIBIT A-1

PROPERTY DESCRIPTION

THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO DESCRIBED AS FOLLOWS:

Real property in the City of Fontana, County of San Bernardino, State of California, described as follows:

203
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3451 Agenda Date: 12/10/2024
Agenda #: I. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

A Resolution of the City Council of the City of Fontana Approving A Development Impact Fee Deferral Agreement Between the City of Fontana and Aldea Fontana Foothill LLC for the Aldea Legacy Apartments Multi-Family Residential Housing Project and Authorize the City Manager to Execute the Agreement and take certain actions to complete the transaction.

RECOMMENDATION:

Adopt Resolution No. 2024-128, Approving a Development Impact Fee Deferral Agreement Between the City of Fontana and Aldea Fontana Foothill LLC for the Aldea Legacy Apartments Multi- Family Residential Housing Project and Authorize the City Manager to Execute the Agreement and take certain actions to complete the transaction.

FONTANA HOUSING AUTHORITY GOALS:
· To promote affordable housing by construction of high-quality multi-family housing which also serves to address the affordability needs of this community. · To promote affordable housing by acquisition, substantial rehabilitation, and professional management of selected multi-family properties as a vehicle to reduce crime and code enforcement activity and to address the affordability needs of this community. · To preserve the local environment for generations to come and to create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.
· to assure that the Project is financially feasible and that the Owner is able to deliver the needed affordable housing and supportive services.

DISCUSSION:

Aldea Fontana Foothill LLC (“Aldea”) is the owner of a multi-family residential development at the location of 15186 Foothill Boulevard, Fontana, California (“Property”). The Property is an apartment complex that consists of 4 apartment buildings with a total of 78 units and associated amenities on approximately 2.27 acres of land. Aldea entered into a Lease Agreement with the Fontana Housing Authority. The lease agreement includes an option to purchase. The purpose of the lease / purchase option is to provide affordable housing to extremely low- and moderate-income households. Aldea has requested a deferment of the development impact fees from the City and the City is willing to defer the payment of City development impact fees pursuant to the terms and conditions of the Development Impact Fee Deferral Agreement (“DIF Deferral Agreement”). The impact fees deferred are only those impact fees imposed or levied by the City upon the development of the Property, but City of Fontana Printed on 12/3/2024Page 1 of 2
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File #: 21-3451 Agenda Date: 12/10/2024
Agenda #: I. Category: Consent Calendar
such deferment does not apply to other fees imposed by the City, nor shall it apply to fees levied by the County, School Districts, or any other agency. The key terms of the DIF Deferral Agreement and for the deferment of the impact fees are as follows:

1. This deferral shall only apply to development impact fees levied by the City. It shall not apply to any other fees levied by the City, nor shall it apply to fees levied by the County, School District, or any other public entity.

2. Owner shall pay the total amount of fees deferred upon the occurrence that 1) the Property is sold, or 2) if not renewed, the earliest date the Lease Agreement expires on September 30, 2029, whichever event shall occur first. In no event shall the Deferred Fees for the Project be paid later than September 30, 2034.

3. Owner shall execute a Development Impact Fee Deferral Agreement with the City to provide the terms and conditions for the deferral of the development impact fees.

4. City shall record this Agreement against the Property upon full execution by the City and Owner and will file a release of lien when the Deferred Fees plus any interest, charges and fees have been fully paid and satisfied.

FISCAL IMPACT:

The deferment of the impact fees will mean that the City will not receive the impact fees to defer payment of $1,620,436.74, until the close of escrow date if the Property is sold and the impact fees would be paid out of the sales proceed through escrow; or if not renewed, the date the Lease Agreement expires on September 30, 2029, whichever date that will occur first.

MOTION:

Approve staff’s recommendation.

City of Fontana Printed on 12/3/2024Page 2 of 2
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When Recorded Mail to:

The City of Fontana
City Clerk’s Office
8353 Sierra Avenue
Fontana, CA 92335

EXEMPT FROM FILING FEES GOVERNMENT CODE § 6103 (Space above for Recorder's Use)

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT

between

THE CITY OF FONTANA
a California municipal corporation

and

ALDEA FONTANA FOOTHILL, LLC.
a California limited liability company

[Dated as of October 1, 2024, for reference purposes only] 206
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DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
This Development Impact Fee Deferral Agreement ("Agreement") is entered into between the City of Fontana ("City"), a California municipal corporation, and Aldea Fontana Foothill, LLC, a California limited liability company ("Owner"). City and Owner are so metimes individually referred to herein as “Party” and together as “Parties.” This Agreement is effective on the date (“Effective Date”) it is fully executed by the Parties.

RECITALS

1. Owner is the fee simple owner of that certain real property located at 15186 Foothill Blvd., Fontana, CA 92335, in San Bernardino County, California, identified with Assessor’s Parcel Number 1110-161-44-0000 (former APN 1110-161-09-0000) ("Property"). The Property is more particularly described in Exhibit A , attached hereto and incorporated herein by reference, and consists of approximately 2.28 + gross acres.

2. The Owner or Owner's transferees desires to develop a multi-family residential housing project on the Property consisting of 5 buildin gs, which include 78 residential units, community rooms and associated offices ("Project").

3. Owner has applied to the City for those permits and entitlements necessary to allow the construction of the Project.

4. In connection with the granting of such permits and entitlements, the City has imposed certain development impact fees and charges (hereinafter referred to individually as an "Impact Fee," and collectively as "Impact Fees") as allowed by the City's Municipal Code and adopted resolutions.

5. Owner has requested that the City defer the collection of certain Impact Fees imposed against the Project in order to make the Project financially viable. The City has determined that this Project will benefit and enhance the economic strength of the community through the payment of property taxes and generally contribute to the economic and commercial well -being of the City and its residents. The Impact Fees that are eligible for deferment are only those development impact fees which are directly imposed a nd levied by the City. The deferment of any Impact Fees under this Agreement shall not apply to any other fees levied by the City, nor shall it apply to fees levied by the County, School District or any other public entity.

Accordingly, the City has agre ed, subject to the terms, conditions and limitations of this Agreement, to defer payment of One Million Six Hundred Twenty Thousand Four Hundred Thirty -Six Dollars and Seventy-Four Cents ($1,620,436.74) in Development Impact Fees associated with the develo pment of the Project, which shall hereinafter collectively be referred to as the "Deferred Fees.” The Deferred Fees are more particularly set forth in Exhibit B, attached hereto and incorporated herein by reference.

6. The Fontana Housing Authority, (the “Tenant”) and Owner (the “Landlord”) entered into that certain Lease Agreement dated _______________ (“Lease Agreement”) whereby Tenant leased the Property from Owner and will take possession and operate the Property as a n affordable housing apartment complex when construction of the Project has been completed. 207
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AGREEMENT

NOW THEREFORE, IN CONSIDERATION of the above Recitals, incorporated herein by this reference, the mutual agreements and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

Section 1.Deferred Fees. The City hereby agrees, subject to the terms, conditions and limitations of this Agreement, to defer payment of the Deferred Fees.

1.1 Owner’s Obligation. Owner shall satisfy its payment obligations under this Agreement by the following means and upon the corresponding dates:
(1) Pay the principal sum of the Deferred Fees in a lump sum payment to City prior to issuance of a certificate of occupancy from City for any portion of the Project; or
(2) Pay the principal sum of the Deferred Fees on or before the close of escrow date if the Property is sold or the date the Lease Agreement expires, whichever is earlier but in no event shall the Deferred Fees for the Project be paid later than September 30, 2034 (“Maturity Date”).

The Deferred Fees may be prepaid, without penalty, in whole or in part, at any time prior to the Maturity Date.

1.2 As consideration to the City for the City granting the deferment of the Deferred Fees, the Owner shall be obligated to pay the late charges, fees and interest on any outstanding fees due. If the Deferred Fees are not paid by the Maturity Date, Owner acknowledges and agrees to pay to City: i) a ten percent (10%) penalty charge on the principal sum of the Deferred Fees outstanding; and ii) interest at a rate of three percent (3 %) simple interest annually which is due and payable each month the Deferred Fees are outstanding following the Maturity Date.

1.3 Notwithstanding the above provisions, all unpaid principal and any accrued interest, charges and fees, shall be due upon the occurrence of any of the following events:
(a) a transfer of the Project;
(b) the occurrence of an Event of Default under this Agreement; or (c) the failure of the Owner to obtain a final Certificate of Occupancy for the Project by January 31, 2025.

Section 2. Conditions to Deferment. The City shall defer the payment of the Impact Fees upon satisfaction of the following conditions:
(a) the Owner’s execution and delivery to the City of this Agreement; and (b) the Owner’s delivery of a proforma or other financial information evidencing that upon completion, the Project will have adequate value to provide payment of the Deferred Fees.
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Section 3. Security. Owner acknowledges City is under no obligation to grant a deferment of the Impact Fees due and payable upon the Project. In-lieu of the City requiring Owner to obtain a letter of credit as security for this Agreement th e Parties agree that a recorded lien related to the Project shall serve as security for this Agreement. Additionally, should Owner fail to pay the Deferred Fees pursuant to this Agreement, the Ci ty shall reserve the right to revoke all prior COO’s issued for the Project until such time as the Deferred Fees are paid in full.

Section 4. Rights Not Granted Under Agreement. This Agreement is not, and shall not be construed to be, an approval or an agr eement to issue permits or a granting of any right or entitlement by City concerning the construction of the Project, or any other project, development or other construc tion by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner from paying any fees for any permits, licenses or other approvals which may be required by the City, and (other than the Deferred Fees) at the time required by the City, concerning the c onstruction of the Project, or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner in any way from the requirement to obtain permits and/or other discretionary or non-discretionary approvals as may be necessary for the development, maintenance or operation of the Project, or any other project, development or other construction by Owner within the Cit y.

This Agreement does not, and shall not be construed to, exe mpt Owner or the Property from the application and/or exercise of City power of eminent domain, or its police powers including, but not limited to, the regulation of land uses, and the taking of any actions necessary to protect the health, safety and welfare of its citizenry.

Section 5. Default.
a. Events of Default . Each of the following events shall constitute an "Event of Default":
(1) Owner fails to pay when due any principal payment or other sum due under this Agreement;
(2) Owner defaults in the performance of any other term, covenant, or agreement contained in this Agreement; or
(3) Pursuant to or within the meaning of the United States Bankruptcy Code or any other federal or state law relating to insolvency or relief of debtors (a “Bankruptcy Law ”): (1) Owner (i) commences a voluntary case or proceeding, (ii) consents to the entry of an order for relief against it in an involuntary case, (iii) applies for or consents to the appointment of a trustee, receiver, assignee, liquidato r or similar official, (iv) makes an assignment for the benefit of its creditors, or (v) admits in writing its inability to pay its debts as they become due; or (2) a court of competent jurisdiction enters an order or decree under any Bankruptcy Law that ( i) is for relief against Owner in an involuntary case, (ii) appoints a trustee, receiver, assignee, liquidator or similar official for Owner or substantially all of Owner’s assets, (iii) orders the liquidation of Owner, or (iv) issues or levies a judgment, writ, warrant of attachment or similar process against the Property or any other property of Owner, and in each case the order or 209
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decree is not released, vacated, dismissed or fully bonded within sixty (60) days after its issuance.
b. Rights Upon Event of Default. In addition to all other available legal or equitable remedies, upon an Event of Default, the City shall have the right to do any one or more of the following:
(1) Withhold the issuance of a Final COO for the Project, including revocation of previously issued COOs for other structures related to the Project; or (2) Accelerate the Maturity Date to the date of the Event of Default.

Section 6. Cumulative Remedies. The rights or remedies of City, as provided in this Agreement, or pursuant to any applicable laws, rules or regulations, may be pursued singly, successively, together or other wise against the Owner , at the sole discretion of City. The City's failure to exercise any such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or of the right to exercise them at any later time.

Section 7. Indemnification. Owner agrees to indemnify, defend and hold harmless City, its elected and appointed officials, officers, employees, contract ors and agents from and against all claims, demands, causes of action, costs, damages, liabilities and obligations of any kind or nature arising out of the deferral of Impact Fees provided to Owner, the Deferred Fees, this Agreement, including, without lim itation, all costs of collection, including actual attorneys’ and expert witness fees.

Section 8. No Set-Off Rights. Owner understands and agrees that it shall not have any rights whatsoever to set-off against amounts due hereunder or otherwise due City f or any amount or obligation due to Owner or claimed to be due Owner from City.

Section 9. Successors and Assigns. Owner may not assign this Agreement, in whole or in part, without the prior written consent of City, and any attempt to make such assignment shall be null and void. This Agreement shall be binding on any and all successors and permitted assigns of the Parties.

Section 10. Governing Laws and Venue. This Agreement shall be governed by the laws of the State of California, without regard to the c onflict of laws principles. The Superior Court of the State of California in the County of San Bernardino, California, shall have exclusive jurisdiction of any litigation between City and Owner arising out of this Agreement. The Owner hereby expressly waives the provisions of any federal or state law providing for a change of venue to any other state court or to federal district court, due to any reason whatsoever, including, without implied limitation, the fact that the City (a public agency) is a Party to this Agreement, due to any diversity of citizenship between the City and the Owner, or due to the fact that a federal question may be involved. Without limiting the generality of the foregoing, the Owner expressly waives, to the maximum legal extent, t he benefit of California Code of Civil Procedure Section 394 and all other state and federal statutes and judicial decisions of similar effect.

Section 11. Notices. All notices required to be delivered under this Agreement or applicable law shall be deliv ered by personal delivery, express mail or by United States mail, certified, postage prepaid. Notices personally delivered or delivered by express mail shall be deemed received upon receipt. Notices delivered by certified mail shall be deemed received th e 210
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earlier of three (3) days following deposit of such notice with the United States Postal Service or actual receipt. Notices shall be sent as follows:

To City: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Phillip Burum, Deputy City Manager
To Owner: Aldea Fontana Foothill, LLC
1 Venture, Suite 130
Irvine, CA 92618
Attn: Mohammad Monshizadeh
Section 12. Attorneys' Fees and Costs . Should either party bring any action or proceeding against the other that in any way relates to or arises due to the existence of this Agreement, then the prevailing party in that action or proceeding shall be entitled to recover from the other party, in addition to all other relief to which the prevailing party may be entitled, the litigation costs and attorneys' fees, in an amount to be determined by the court. The "prevailing party" shall be as determined by the court in accordance with the provisions of California Code of Civil Procedure Section 1032. Recoverable litigation costs and attorneys' fees include those incurred by the prevailing party in the enforcement of any judgment or other judicial order, and during the defense of any appeal taken from such underlying judgment or other judicial order.

Section 13. Entire Agreement. This Agreement constitutes the entire agreement of City and Owner and supersedes all previous agreements, oral or written, on the subject matter of this Agreement.

Section 14. Modification. This Agreement shall be amended or modified only by an Agreement in writing signed by each of the Parties.

Section 15. Headings. Section headings contained in this Agreement are for convenience only, and shall not impact the construction or interpretation of any provision.

Section 16. Further Acts. The Parties agree to execute such additional documents and to take such further actions as are reasonably necessary to accomplish the objectives and intent of this Agreement.

Section 17. Severability. If any provision or clause of this Agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect any other provision of this Agreement, and the Agreement shall be construed as if such provisions or clauses did not exist.

Section 18. Good Faith Negotiations. The City and the Owner acknowledged that this Agreement are the product of mutual, good faith arms-length negotiations in that the City and the Owner each have been, or have had the opportunity to have been, represented by legal counsel of its own choosing in the negotiation and drafting of this Agreement. Accordingly, the rule of construction which provides that ambiguities in a document are to be construed against the drafter 211
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of that document shall have no application to either th e interpretation or the enforcement of this Agreement. In any action or proceeding brought to interpret or enforce this Agreement, the trier of fact may refer to such extrinsic evidence which is not in direct conflict with any express term or provision hereof to ascertain and give effect to the intent of the Parties hereto.

Section 19. Time is of the Essence. Time is of the essence in this Agreement.

Section 20. No Third Party Beneficiary. This Agreement and the performance of the City's and the Owner's obligations hereunder are for the sole and exclusive benefit of the City and the Owner. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either the City or the Owner hereunder as a result of the City's or the Owner's performance or nonperformance of their respective obligations under this Agreement.
[Signatures on following pages]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last written below.

CITY OF FONTANA ALDEA FONTANA FOOTHILL, LLC
a California municipal corporation a California limited liability company

By: ____________________________ By: ______________________________ Acquanetta Warren, Mayor
Its: ______________________________
Date: ______________________________ Date: ______________________________

ATTEST:

___________________________
Germaine Key, City Clerk
Date: ______________________________

APPROVED AS TO FORM:

By: __________________________
Ruben Duran, City Attorney
Date: ______________________________

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EXHIBIT "A"

Real property in the City of Fontana, County of San Bernardino, State of California, described as follows:

Parcel 1:

Parcel 1 of PARCEL MAP NO. 19941, in the City of Fontana, County of San Bernardino, State of California, as per Map recorded in Book 260 of Parcel Maps at Pages 100-102, in the Office of the County Recorder of said County.

Parcel 2:

An easement for the purpose of lying and maintaining sewer pipes and erecting and maintaining poles and wires for electric service over that portion of Lot 52, Arrowhead Vineyard Tract #1, Section 2, Township 1 South, Range 6 West, San Bernardino Base and Meridian, recorded in Book 16, Page 69 of Maps, records of said County, described as follows:

A strip of land 5 feet in width beginning at the intersection of Foothill Boulevard with the Westerly line of said Lot 52 and running Easterly along the Northerly boundary of Foothill Boulevard as established by Deed from Dalciade Laliberty and Ella F. Laliberty, husband and wife, dated July 29, 1927 and recorded in Book 304 of Official Records, Page 314, a distance of 330 feet.

Saving and excepting the South 20 feet of said Lot 52 in State Highway.

APN: 1110-161-09-0-000, (New APN: 1110-161-44-0-000, not yet assessed)

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EXHIBIT "B"
Deferred Fees
Record No: BLD22-003031
STORM DRAIN I-10 NORTH 10,680.12
SEWER CONNECTION - ENG 450.00
ENG STRM WATER COMP LOW PRIORITY 80.82
LOCAL ARTERIALS MFD LOW 7,794.00
LOCAL TRANSPORT MFD LOW 13,932.00
PARKS MFD LOW INFILL 58,302.00
LIBRARY SFD_LOW INFILL 873.00
LANDSCAPE/MEDIAN MF_LOW INFILL 2,457.00
INCL HOUSING MFD 12,186.00
POLICE FACILITIES MFD LOW INFIL 4,149.00
MUNICIPAL SERVICES CITYWIDE MULTI-F 13,500.00
FIRE FACILITIES MFD LOW INFILL 3,240.00
FINAL PLANNING INSPECTION MULTI-FAM 1,440.00
CIRCULATION INTERCHANGE HIG-LOW 33,121.44
CIRCULATION ARTERIAL MFD HIG-LOW 31,822.56
PUBLIC FACILITIES MFD LOW INFILL 3,915.00
TRAFFIC SIGNALS MFD LOW 2,430.00
SEWER EXPANSION-IEUA/MFD 155,160.00
SEWER CONNECTION MASTER/MFD 18,414.00
$373,946.94

Record No: BLD22-003377
STORM DRAIN I-10 NORTH 10,680.12
SEWER CONNECTION - ENG 450.00
ENG STRM WATER COMP LOW PRIORITY 80.82
LOCAL ARTERIALS MFD LOW 7,794.00
LOCAL TRANSPORT MFD LOW 13,932.00
PARKS MFD LOW INFILL 58,302.00
LIBRARY SFD_LOW INFILL 873.00
LANDSCAPE/MEDIAN MF_LOW INFILL 2,457.00
INCL HOUSING MFD 12,186.00
POLICE FACILITIES MFD LOW INFIL 4,149.00
MUNICIPAL SERVICES CITYWIDE MULTI-F 13,500.00
FIRE FACILITIES MFD LOW INFILL 3,240.00
FINAL PLANNING INSPECTION MULTI-FAM 1,440.00
CIRCULATION INTERCHANGE HIG-LOW 33,121.44
CIRCULATION ARTERIAL MFD HIG-LOW 31,822.56
PUBLIC FACILITIES MFD LOW INFILL 3,915.00
TRAFFIC SIGNALS MFD LOW 2,430.00
SEWER EXPANSION-IEUA/MFD 155,160.00
SEWER CONNECTION MASTER/MFD 18,414.00
$373,946.94
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EXHIBIT "B" – cont.

Deferred Fees

Record No: BLD22-003378
STORM DRAIN I-10 NORTH 12,460.14
ENG STRM WATER COMP LOW PRIORITY 94.29
SEWER CONNECTION - ENG 525.00
INCL HOUSING MFD 14,217.00
FINAL PLANNING INSPECTION MULTI-FAM 1,680.00
TRAFFIC SIGNALS MFD LOW 2,835.00
PUBLIC FACILITIES MFD LOW INFILL 4,567.50
POLICE FACILITIES MFD LOW INFIL 4,840.50
PARKS MFD LOW INFILL 68,019.00
LOCAL TRANSPORT MFD LOW 16,254.00
LOCAL ARTERIALS MFD LOW 9,093.00
LIBRARY SFD_LOW INFILL 1,018.50
LANDSCAPE/MEDIAN MF_LOW INFILL 2,866.50
MUNICIPAL SERVICES CITYWIDE MULTI-F 15,750.00
FIRE FACILITIES MFD LOW INFILL 3,780.00
CIRCULATION INTERCHANGE HIG-LOW 38,641.68
CIRCULATION ARTERIAL MFD HIG-LOW 37,126.32
SEWER EXPANSION-IEUA/MFD 181,020.00
SEWER CONNECTION MASTER/MFD 21,483.00
$436,271.43
Record No: BLD22-003379
STORM DRAIN I-10 NORTH 12,460.14
ENG STRM WATER COMP LOW PRIORITY 94.29
SEWER CONNECTION - ENG 525.00
INCL HOUSING MFD 14,217.00
FINAL PLANNING INSPECTION MULTI-FAM 1,680.00
TRAFFIC SIGNALS MFD LOW 2,835.00
PUBLIC FACILITIES MFD LOW INFILL 4,567.50
POLICE FACILITIES MFD LOW INFIL 4,840.50
PARKS MFD LOW INFILL 68,019.00
LOCAL TRANSPORT MFD LOW 16,254.00
LOCAL ARTERIALS MFD LOW 9,093.00
LIBRARY SFD_LOW INFILL 1,018.50
LANDSCAPE/MEDIAN MF_LOW INFILL 2,866.50
MUNICIPAL SERVICES CITYWIDE MULTI-F 15,750.00
FIRE FACILITIES MFD LOW INFILL 3,780.00
CIRCULATION INTERCHANGE HIG-LOW 38,641.68
CIRCULATION ARTERIAL MFD HIG-LOW 37,126.32
SEWER EXPANSION-IEUA/MFD 181,020.00
SEWER CONNECTION MASTER/MFD 21,483.00
$436,271.43
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