Fontana City Council
February 11, 2025

Tuesday, February 11, 2025
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1966 Reso. No. 2025-009
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda February 11, 2025 Welcome to a meeting of the Fontana City Council.

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

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

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

CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. Special Presentations
A. A. Mayor Warren and City Council to recognize, Officers Patrick Heusterberg, Matthew Mundrick, Michael Freeman, Mario Mancha, Adam Sein, Shawn Cory, Dustin Mullins,
Matthew Sherwood, Paul Beltran, Joshua Carreon, Neil
Bachman & Samuel Saenz and Records Specialist II Bery
Michel as December 2024 Employees of the Month (Captain Brian Binks and Administrative Support Services Manager, Michelle Blank to present).
25-0042

2 City Council Meeting Regular Agenda February 11, 2025 PUBLIC COMMUNICATIONS:

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

A. Public Communications
CONSENT CALENDAR:

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

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 25-0037
Approve the minutes of the January 28, 2025, Regular City Council Meeting and the January 30, 2025, Special City Council Meeting.

City Council Meeting Minutes 01-28-2025.pdf
Special City Council Meeting Minutes Goal Setting
01-30-2025.pdf
Attachments:

B. Adoption of Ordinance No. 1965 (Second Reading) ,
Amending sections 2-142, 2-143, 2-144, and 2-341 in
Chapter 2 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices. 25-0038
Second Reading/Adopt Ordinance No. 1965, Amending sections 2-142, 2-143, 2-144, and 2-341 in Chapter 2 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices.

Ord No. 1965.docx
Exhibit A Sec._2_144.__ARTICLE_IV.___MEETINGS.docx
Exhibit A Sec._2_341.___Appointment.docx
Attachments:

C. Award a Construction Contract for the City Sidewalk
Reconstruction #2 Project
21-3498

1. Award bid and authorize the City Manager to execute a construction contract with CT&T Concrete Paving Inc. for the construction of the City Sidewalk Reconstruction #2 Project in the amount of $846,144.02 and authorize a 10% contingency in the amount of $84,614.40 (Bid No. DE-25

3 City Council Meeting Regular Agenda February 11, 2025 -56-SB).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for City Sidewalk Reconstruction #2 Project.

Bid Results - City Sidewalk Reconstruction #2.pdf
Summary.pdf
Sidewalk Project #2 Final Bid Sheet.pdf
Sidewalk Project #2 Location Map.pdf
Attachments:

D. Sale of Surplus Property Located Along the South Side of Duncan Canyon Road and East of Sierra Avenue
21-3507

1. Approve a Purchase & Sale Agreement between the City of Fontana and LPC Fontana North, LP for the sale of 363 square feet of City-owned Right-of-Way on the south side of Duncan Canyon Road, located east of Sierra Avenue.

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

Approved_reso_2024-113_Surplus_Exempt.pdf
Vicinity_Map.pdf
Opinion of Value - Fontana Parcels.pdf
Purchase_and_Sales_Agreement_Reference.pdf
Attachments:

E. 2024 Edward Bryne Memorial Justice Assistance Grant
(JAG)
21-3518

1. Accept the 2024 JAG Grant #14268600 in the amount of $45,317.

2. Authorize City Manager or his designee to sign all related grant documents including extensions or modifications for the grant, and expend funds as outlined in the grant agreement.

Award_Package_FAW-186412.pdf
DOJ Justice Grants System - Award Number
15PBJA-24-GG-05059-JAGX Notification.msg
Attachments:

F. Final Acceptance of the Jurupa Avenue Pavement
Rehabilitation Project, from Hemlock Avenue to Sierra
Avenue
21-3522
Accept as complete the work performed by Matich Corporation for the Jurupa Avenue Pavement Rehabilitation Project (PN37600055).

Vicinity Map.pdfAttachments:

4 City Council Meeting Regular Agenda February 11, 2025 G. Artificial Intelligence Policy 25-0011
Adopt Resolution No. 2025-009 creating the City of Fontana Artificial Intelligence Policy
Resolution - Artificial Intelligence.docx
Section 70-xx - Artificial Intelligence.docx
Attachments:

H. Approve the Stipulation for Final Judgement in the
Acquisition of Property from Southern California Edison for the Etiwanda Avenue at Slover Avenue Intersection
Widening Project
25-0026

1. Approve and authorize the City Manager to execute the Stipulation for Final Judgement issued by the Superior Court of the State of California, County of San Bernardino, Central District.

2. Authorize the payment of $471,500 to Southern California Edison for the acquisition of property for the Etiwanda Avenue at Slover Avenue Intersection Widening Project.

Vicinity Map
Stipulation for Final Judgment
Attachments:

I. Police Department Monthly Information Update 25-0032 Accept the Police Department monthly information updated for December 2024.

December2024 Report for City Council Rev.pptxAttachments:

J. Authorization to Apply for Emergency Food and Shelter Program Phase 42
25-0035

1. Authorize the Fontana Housing Department to apply for the Emergency Food and Shelter Program Phase 42 (EFSP).

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 Emergency Food and Shelter Program Phase 42 (EFSP)
K. A Resolution of the City Council of the City of Fontana Approving A Development Impact Fee Deferral Agreement
Between the City of Fontana and Olive Communities, LLC
for a Multi-Family Residential Housing Apartment Complex Project and Authorizing the City Manager to Execute the Agreement and take certain actions to complete the
transaction.
25-0051

5 City Council Meeting Regular Agenda February 11, 2025 Adopt Resolution No. 2025-010 Approving a Development Impact Fee Deferral Agreement Between the City of Fontana and Olive Communities, LLC for a Multi-Family Residential Housing Apartment Complex Project, and Authorizing the City Manager to Execute the Agreement and take certain actions to complete the transaction.

Resolution Approving DIF Deferral Agreement Olive
Communities LLC 16220 Arrow Blvd-c1.docx
Fontana - DIF Deferral Form Agreement - 16220 Arrow
Blvd-c1.docx
Attachments:

L. A Resolution of the City Council of the City of Fontana Opposing South Coast Air Quality Management District
(SCAQMD) Rules 1111 and 1121.
25-0053
Staff recommends that the City Council adopt Resolution No. 2025-011 opposing the South Coast Air Quality Management District (SCAQMD) Proposed Amended Rules 1111 and 1121 and urging the SCAQMD to indefinitely delay or cease consideration of these regulations.

A Resolution of the City Council of the City of Fontana Opposing South Coast Air Quality Management District
(SCAQMD) Rules 1111 and 1121..docx
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on February 25, 2025 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

6 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0042 Agenda Date: 2/11/2025
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, February 11, 2025
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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7 File #: 25-0042 Agenda Date: 2/11/2025
Agenda #: A. Category: Special Presentation
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8 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0037 Agenda Date: 2/11/2025
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the January 28, 2025, Regular City Council Meeting and the January 30, 2025, 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 January 28, 2025, Regular City Council Meeting and the January 30, 2025, Special City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 2/5/2025Page 1 of 1
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9

City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, January 28, 2025

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

10

CLOSED SESSION:

A. 12:30 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, January 28, 2025.

Mayor Pro Tem Garcia called the meeting to order at 1:02 p.m. Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval were present. Mayor Warren was absent.

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: Luis Shalabi vs. City of Fontana Case No. CIVDS1314694

2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City Negotiator: Matthew Ballantyne, City Manager and Rakesha Voss, Director of Human Resources and Risk Management.

Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining Unit; Police Management Association; Police Benefits Association; Police Officers Association and Management/Confidential Employees.

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, January 28, 2025.

Mayor Warren called the Regular City Council Meeting to order at 2:06 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

11

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

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

CLOSED SESSION ANNOUNCEMENT:

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

SPECIAL PRESENTATIONS:

A. Special Presentations

A. Presentation by San Bernardino County District #2 Supervisor.

Mayor Warren announced that the Count y Supervisor District 2 presentation would be rescheduled to a future City Council meeting.

B. Housing Department Annual Report Presentation, Valerie Gonzales, Housing Development Manager to present).

Housing Development Manager Valerie Gonzales presented the 2024 Annual Housing Report.

Mayor Warren and City Manager Matthew Ballantyne commended Housing Devel opment Manager Gonzales for her efforts. Mayor Warren encouraged the community to contact the Housing Department for information and resources.

Council Member Sandoval inquired about the income threshold for low-income classification.

Housing Development Manager Gonzales stated that households earning 80% or below the area median income for San Bernardino County, as determined by the U.S. Department of Housing and Urban Development, qualify as low-income.

C. Mayor Warren and City Council to recognize, Officer Christine Tomicic and Probation Officer Jazmyne White as November 2024 Employees of the Month (Captain Burton to present).

Mayor Warren and City Council recognized Officer Christine Tomicic and Probation Officer Jazmyne White as November 2024 Employees of the Month.

12

PUBLIC COMMUNICATIONS:

A. Public Communications

Frank Atry expressed concerns regarding the time allotted for public comments, the cancellation of meetings, and the Thomas Perez, Jr. case.

Joseph Rayford, Daniel Towles, and Ashley Jacobs voiced concerns about the frequency and impact of Southern California Edison’s (SCE) Public Safety Power Shutoffs (PSPS) in the Sierra Crest Neighborhood. Mr. Towles requested city intervention to assist residents during outages.

Danielle Holley, Executive Director of the Fontana Chamber of Commerce, provided a quarterly update on the Chamber’s services and activities.

Nadya Bahena, field representative for Assembly Member Robert Garcia, introduced herself to the Council.

Mayor Warren stated that the Council is currently engaged with SCE on this process. Also mentioned that SCE has set up Community Resource Centers throughout Fontana to support customers affected by the outages. Also explained that stop signs cannot be placed in downed traffic intersections due to liabi lity concerns and reminded the public to obey all traffic laws.

Also stated that the City need ed to be prepared for wind events. Stated that City will continue to work with the community and SCE on this issue. Also noted that she looked forward to working at the state level with the California Public Utilities Commission (CPUC) to come up with solutions to address the PSPS issues. Encouraged the community to meet and communicate with her.

CONSENT CALENDAR:

Prior to the motion, the following occurred:

• Item F: City Attorney Duran read the proposed Executive Salary Table into the record. • Item S: Council Member Sandoval announced his intent to vote No on this item. • Item T: Council Member Sandoval requested that this item be pulled for discussion.

Public Works Manager Dan West presented the staff report.

Council Member Sandoval inquired about the frequency of parking lot lighting repairs.

Public Works Manager West stated that these were the first repairs and that the electrical boxes would be filled with concrete slurry to prevent future wire theft.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5 -0 to approve Consent Calendar Items “A-T.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, 13

Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

A. Approval of Minutes 25-0002
Approve the minutes of the December 10, 2024, Regular City Council Meeting.

B. Adoption of Ordinance No. 1960 (Second Reading), Approving 25-0003 a Development Agreement with Catalyst- Fontana, LLC,
concerning a retail cannabis business and direct staff to file a Notice of Exemption.

Second Reading/Adopt Ordinance No. 1960, Approving a Development Agreement with Catalyst- Fontana, LLC, concerning a retail cannabis business and direct staff to file a Notice of Exemption.

C. Adoption of Ordinance No. 1961 (Second Reading), 25-0004 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

Second Reading/Adopt Ordinance No. 1961, 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.

D. Adoption of Ordinance No. 1963 (Second Reading), 25-0009 Approving Specific Plan Amendment No. 24-002 to Modify Chapter 5.6 The Southwest Industrial Park Specific Plan To Allow Nonconforming Pallet Yards to Expand Operations Within Existing Sites Governed Under the SWIP Specific Plan, Pursuant to The Certified Southwest Industrial Park Specific Plan EIR and Directing Staff To File A Notice of Exemption

Second Reading/Adopt Ordinance No. 1963, Approving Specific Plan Amendment No. 24-002 to Modify Chapter 5.6 The Southwest Industrial Park Specific Plan To Allow Nonconforming Pallet Yards to Expand Operations Within Existing Sites Governed Under the SWIP Specific Plan, Pursuant to The Certified Southwest Industrial Park Specific Plan EIR and Directing Staff To File A Notice of Exemption.

E. Adopt a Resolution of the City Council of the City of 25-0010 Fontana, California, Adopting Updated Salary Tables for Executive and Management Confidential Employees.
14

Second Reading/Adopt Ordinance No. 1964, Authorizing the Levy of a Special Tax within Community Facilities District No. 115M.

F. Adopt a Resolution of the City Council of the City of Fontana, 25-0005 California, Adopting Updated Salary Tables for Executive and Management Confidential Employees.

Adopt Resolution No. 2025-001, a resolution of the City Council of the City of Fontana, California, adopting the updated Executive and Management/Confidential salary tables, effective February 8, 2025.

G. Adopt Resolutions Amending and Restating the Executive 25-0006 Management Benefits Schedule for the Executive Management Team and the Compensation Plan for Management/Confidential Employees
Adopt Resolution No. 2025-002, a Resolution of the City Council of the City of Fontana, California, Amending and Restating the Executive Management Benefits Schedule for the Executive Management Team

Adopt Resolution No. 2025-003, a Resolution of the City Council of the City of Fontana, California, Amending and Restating the Compensation Plan for Management/Confidential Employees

H. Approve a Cooperative Agreement with the County of San 21-3404 Bernardino for the Design and Construction of the Arrow Route Sewer Main Project

1. Approve and authorize the City Manager to execute a Cooperative Agreement with the County of San Bernardino for the Design and Construction of the Arrow Route Sewer Main Project.

2. Authorize the City Manager to execute any future individual amendments to the Cooperative Agreement for the Arrow Route Sewer Main Project.

I. Police Department Donations July - December 2024 21-3428 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

J. Award Bid and Approve an Agreement with Symba Center for 21-3483 Mobile Opioid Outreach Services

1. Award and authorize the City Manager to enter into an agreement with Symba Center to provide Mobile Opioid Outreach Services for one year in the amount of $447,881.28 (Bid No HD-25-65-SP) for the first year.

2. Approve and authorize the City Manager to execute (4) future one-year optional extensions to the agreement with Symba Center for Mobile Opioid Outreach Services not to exceed $2,000,000.
15

K. Final Acceptance of the Southridge Grid 53 Pavement 21-3497 Rehabilitation Project
Accept as complete the work performed by Matich Corporation for the Southridge Grid 53 Pavement Rehabilitation Project (PN 37600061).

L. Resolution Ratifying the 2024-2027 Memoranda of 21-3500 Understanding for the Teamsters Local 1932, City Hall and Public Works Bargaining Units
Adopt Resolution No. 2025-004, a resolution of the City Council of the City of Fontana, ratifying the Memoranda of Understanding between the City of Fontana and the Teamsters Local 1932, City Hall and Public Works Bargaining Units.

M. Declaring a Portion of City-Owned Real Property on Lytle Creek 21-3502 Road Exempt Surplus Land, south of Duncan Canyon Road.

Property is adjacent to the Ventana Specific Plan.

Adopt Resolution No. 2025-005, declaring a portion of City-Owned Real Property on Lytle Creek Road Exempt Surplus Land.

N. Final Acceptance of the Alder Middle School Safe Routes to 21-3504 School (SRTS) Project (Bid No. SB-146-DE-23)
Accept as complete the work performed by All American Asphalt for the Alder Middle School Safe Routes to School (SRTS) Project (#37603367).

O. Final Acceptance of the S. Highland Avenue and Mango 21-3505 Avenue Traffic Signal Project (Bid No. SB-97-DE-23)
Accept as complete the work performed by Alfaro Communications Construction, Inc. for the construction of the S. Highland Avenue and Mango Avenue Traffic Signal Project (#37603382).

P. Final Acceptance for the Construction of the N. Cherry Avenue 21-3512 at Live Oak Avenue Traffic Signal Modification Project (Bid No.

SB-89-DE-22)
Accept as complete the work performed by Gentry General Engineering for the Construction of the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project (SB-89-DE-22).

Q. Police Department Monthly Information Update 21-3515 Accept the Police Department monthly information update for November 2024.

R. Approve an Increase in City-Owned Contingency for the 21-3517 Design-Build Contract for the City Hall Renovation Project - 16

Phase I (Fire Annex; SQ-25-DE-23-01)
Approve and authorize the City Manager to increase the City-Owned Contingency in the amount of $1,500,000.00, for a total City-Owned Contingency amount of $2,358,357.00 (Bid No. SQ-25-DE-23-01).

S. Approval of a Salary Adjustment for the Fontana 25- 0014 Police Officer’s Association (POA) in Response to Classification and Compensation Study Findings.

Adopt Resolution No. 2025-006, a resolution of the City Council of the City of Fontana, California, adopting the updated salary table for the Fontana Police Officer’s Association.

T. Senior Community Center Parking Lot Lighting Repair 25-0020

1. Authorize the issuance of a contract to AZE Electric, Inc. for the Senior Community Center Parking Lot Lighting Repair work in the amount of $25,000 with a 10% contingency of $2,500.

2. Increase appropriations in the amount of $27,500 from the available balance in the General Fund 101 to ORG 10137202.8130

NEW BUSINESS:

A. New Business
A. Adopt Ordinance No. 1965, an Ordinance of the City Council of 25-0024 the City of Fontana, California, Amending sections 2-142, 2-143, 2-144, and 2-341 in Chapter 2 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices.

1. Determine that staff recommendations to modify sections 2-142, 2-143, 2- 144, and 2-341 in Chapter 2 of the Fontana Municipal Code are appropriate, make for a more intuitive municipal code, and incorporate current best practices of the City and approve such modifications

2. Read by title only and waive the further reading of section 2-142 to update the current scheduled time of the Fontana City Council meetings to be set by Resolution of the City Council.

3. Read by title only and waive the further reading of section 2-143 to establish associated compensation requirements and references for the Planning Commission. To update the current scheduled time of the Planning Commission meetings to be set by Resolution of the City Council.

4. Read by title only and waive the further reading of section 2-144 to establish the name of the Parks, Community, and Human Services Commission, update the associated compensation requirements, and update the current scheduled time of the Parks, Community, and Human Services Commission meetings to be set by Resolution of the City 17

Council.

5. Read by title only and waive the further reading of section 2-341 removing attendance requirement criteria to become a commissioner.

6. Adopt Resolution No. 2025-007 establishing the compensation for members of the Parks, Community and Human Services Commission and Planning Commission.

7. Adopt Resolution No. 2025-008 establishing the times of the regular meetings for the City Council, Parks, Community and Human Services Commission and Planning Commission.

Deputy City Manager Ray Ebert provided the staff report.

Council Member Cothran inquired whether the Municipal Code mandates public meetings to be held at a specific location.

City Attorney Duran clarified that the Brown Act requires meetings to be held within the jurisdiction, except when a property purchase outside the jurisdiction necessitates an on -site meeting.

The Council also discussed the potential temporary relocati on of public meetings to Steelworker’s Auditorium during the upcoming City Hall remodel.

City Manager Ballantyne addressed concerns regarding Public Safety Power Shutoffs (PSPS) and provided an update on a recent conference call between Southern Californi a Edison (SCE) and elected officials. He acknowledged residents' frustrations and stated that the City has also voiced its concerns to SCE. He noted that a newly elected legislator has offered to engage with the California Public Utilities Commission (CPUC) on the issue and encouraged the community to contact the CPUC with their concerns.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Cothran, and passed by a vote of 4 -1 to approve New Business Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Robert s; NOES:

Sandoval; ABSTAIN: None; ABSENT: None

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
A. Appointment of Mayor Pro Tem 21-3519
Consider an appointment of a Council Member to the position of Mayor Pro Tem for a one-year term.

18

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran, and passed by a vote of 4-1 to approve New Business Item “A” as follows:

- Appoint Peter Garcia as Mayor Pro Tem for a term of one -year

The motion carried by the following vote: AYES: Warren, Ga rcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None

B. Discussion and Possible Action Regarding Appointing 21 -3520 Regular and Alternate Members to Local Agencies /Regional Board

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran, and passed by a vote of 4-1 to approve the following appointments:

1. Inland Empire Utility Agency(IEUA)
Representative: Council Member Cothran
Alternate: Council Member Roberts

2. San Bernardino County Transportation Authority (SBCTA) and San Bernardino Council of Governments (SBCOG)
Representative: Mayor Warren
Alternate: Mayor Pro Tem Garcia

3. Omnitrans
Representative: Council Member Roberts
Alternate: Council Member Cothran

4. San Bernardino County Solid Waste Advisory Task (SWAT) Representative: Mayor Pro Tem Garcia
Alternate: Mayor Warren

5. Southern California Association of Governments (SCAG) – General Assembly Representative: Mayor Pro Tem Garcia
Alternate: Mayor Warren

6. San Bernardino County Flood Control Zone 1 & 2 Advisory Committees (ZAC) Representative: Council Member Roberts
Alternate: Mayor Pro Tem Garcia

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

C. Discussion and Possible Action Regarding Appointment to 21- 3521 the Parks, Community, and Human Services Commission and Planning Commission for a two-year term

19

The following applicants were slated for appointment to a one-year term.

1. Joe Armendarez

2. Dylan Keetle

3. Torrie Lozano

4. Ricardo Quintana

5. Idilio Sanchez

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed by a vote of 4- 1 to approve the appointment of said individuals for a one -year term. The motion carried by the following vote: AYES: Warren , Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None

City Treasurer Koehler Brooks wished everyone a happy new year and extended birthday wishes to Council Members Cothran and Sandoval.

City Clerk Key addressed the PSPS outages, expressing sympathy for affected residents. She also wished Council Me mbers Cothran and Sandoval a happy birthday, congratulated the Police Department Employees of the Month, and thanked Bishop James for hosting the recent Martin Luther King, Jr. event.

Council Member Cothran thanked everyone for the birthday wishes, discus sed the recent Fontana Chamber of Commerce retreat, and expressed appreciation for local businesses. He emphasized the importance of business attraction and retention. He also stated his commitment to continuing his service on the Inland Empire Utilities A gency board and discussed the causes of power outages in his district, highlighting the City's efforts to work with SCE to address the issue.

Mayor Pro Tem Garcia provided an update on a recent conference call between SCE and elected officials, expressing hope for a productive resolution to the power outages. He also wished Council Members Cothran and Sandoval a happy birthday, discussed the Fontana Chamber of Commerce retreat, and noted the upcoming Council Goal -Setting Worksh op on January 30.

Council Member Sandoval thanked everyone for the birthday wishes and asked City Attorney Duran whether any commissioner applicants had contributed to any Council Member’s campaign committee. He raised concerns about a Planning Commissioner contributing to a Council Member’s campaign. City Attorney Duran stated he would investigate the matter.

Council Member Sandoval also inquired whether longevity pay could be provided as a lump sum to long- term employees transferring departments rather than biweekly. Human Resources/Risk Management Director Rakesha Voss explained that each bargaining unit’s Memorandum of Understanding dictates the longevity pay structure. City Manager Ballantyne asked for the specific bargaining unit to follow up.

Council Member Roberts wished Council Members Cothran and Sandoval a happy birthday, 20

congratulated the Police Department Employees of the Month, and wished everyone a happy new year. He expressed sympathy for those affected by the power outages, noting that he also experienced one at his residence. He also extended condolences to the family of Mr. Fritz Mendoza, a local business owner who was assaulted and passed away.

Mayor Warren wished Council Members Cothran and Sandoval a happy birthday and addressed the assault of Mr. Fritz Mendoza. City Manager Ballantyne reported that the suspect had been arrested and would face charges.

Mayor Warren also discussed recent holiday events, the U.S. Conference of Mayors meeting, and ZM Trucks’ decision to establish its hea dquarters and manufacturing operations in Fontana. She noted her attendance at President Trump’s inauguration ceremony and emphasized the importance of securing resources for Fontana and surrounding communities, particularly in response to recent wildfires . She commended local pastors for assisting Altadena residents and highlighted the rollout of the Fontana Helps program to support those affected by the wildfires. Additionally, she provided an update on the Fontana Chamber of Commerce board meeting and retreat.

Council Member Sandoval expressed condolences to the family of Mr. Fritz Mendoza, recognizing his contributions to the community.

Mayor Warren extended condolences to the family of Jessica Torres and acknowledged her impact on the community.

ADJOURNMENT:

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

1. Jessica Torres

2. Fritz Mendoza

Mayor Warren adjourned the meeting at 4:03 p.m. to the G oal Setting Meeting on T hursday, January 30, 2025, at 8 :00 a.m. at the Heritage Neighborhood Center located at 7350 Liberty Parkway, Fontana, California.

_____________________
Christina Rudsell, CMC
Deputy City Clerk

21

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON FEBRUARY 11, 2025.

_______________________
Germaine Key
City Clerk

22

City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Thursday, January 30, 2025

8:00 AM

City of Fontana
Heritage Neighborhood Center
7350 Liberty Parkway
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

23

CALL TO ORDER/ROLL CALL:

A. 8:00 A.M. Call To Order/Roll Call:

The Special Meeting of the Fontana City Council was held in the Heritage Neighborhood Center, 7350 Liberty Parkway , Fontana, CA 9233 6, on Thursday , January 30, 202 5. Mayor Warren called the meeting to order at 8:37 a.m.

ROLL CALL:

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

ABSENT: Council Member Sandoval (arrived at 9:45 a.m.)

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

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 Mayor Pro Tem Garcia.

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.

City Manager Matthew Ballantyne stated that the goals would be presented to the Council for adoption at a future meeting.

24

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 1:54 p.m. to the Regular City Council Meeting on Tuesday, February 11, 2025, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON FEBRUARY 11, 2025.

_______________________
Germaine Key
City Clerk

25 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0038 Agenda Date: 2/11/2025
Agenda #: B. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Adoption of Ordinance No. 1965 (Second Reading), Amending sections 2-142, 2-143, 2-144, and 2- 341 in Chapter 2 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices.

RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1965, Amending sections 2-142, 2-143, 2-144, and 2-341 in Chapter 2 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices.

COUCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Increase citizen involvement by seeking community input. · Increase citizen involvement by informing the public about issues, program, and accomplishments.

DISCUSSION:

Ordinance No. 1965 was introduced by a vote of 4-1 at the January 28, 2025, Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 2/5/2025Page 1 of 1
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26

ORDINANCE NO. 1965

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTAN A, CALIFORNIA, AMENDING SECTIONS 2-142, 2-144 AND 2-341 OF THE

FONTANA MUNICIPAL CODE TO ESTABLISH THE PARKS,

COMMUNITY AND HUMAN SERVICES COMMISSION AND ITS
ASSOCIATED COMPENSATION AND DUTIES; UPDATE THE TIMES

FOR THE REGULAR MEETINGS OF THE CITY COUNCIL AND THE
PARKS, COMMUNITY AND HUMAN SERVICES COMMISSION ;

REMOVE REQUIREMENTS FOR MEMBERS O F COMMISSIONS,
BOARDS AND BUREAUS TO TAKE OFFICE ; AND INTRODUCE
SECTION 2-143 FOR THE PLANNING COMMISSION TO MEMORIALIZE

THE DATE AND TIME FOR THE REGULAR MEETINGS OF THE

PLANNING C OMMISSION IN THE MUNICIPAL CODE AND TO SET
FORTH THE COMPENSATION THEREOF.

WHEREAS, the City of Fontana, California (“City”) is a general law city , duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, the City desires to modify sections 2 -142, 2 -144 and 2 -341 of the Fontana Municipal Code (“FMC”) to establish the Parks, Community and Human Services Commission and its associated compensation and duties; update the times for the regular meetings of the Fontana City Council (“City Council”) and of the Parks, Community and Human Services Commission to ensure that the process for approving a change to the respective regular meeting times are consistent with City practices; remove requirements for members of the commissions, boards and bureaus to take office to allow for more flexible training requirements; and
WHEREAS, the City desires to introduce section 2 -143 for the Planning Commission to memorialize the date and time for the regular meetings of the Planning Commission in the FMC and to set forth the compensation thereof.

THE CITY COUNCI L OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulation s, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 27 Ordinance No. 1965

Section 3. Municipal Code Amendments. Sections 2-142, 2-144 and 2-341 of the FMC are hereby amended as shown in Exhibit A , which is attached hereto and incorporated herein by this reference. Section 2-143 is hereby introduced and shall read as reflected in Exhibit A.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

Section 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.

Section 6. Effective Date . This Ordinance shall be effective thirty (30) days following its adoption.

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, th e Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the
APPROVED AND ADOPTED this 11th day of February 2025.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on the 28th day of January, 2025 and was finally passed and adopted not less than five days thereafter on the 11th day of February, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
28 Ordinance No. 1965

____________________________________
City Clerk of the City of Fontana

____________________________________
Mayor of the City of Fontana

ATTEST:

____________________________________
City Clerk

29 - CODE
Chapter 2 - ADMINISTRATION
ARTICLE IV. MEETINGS

Fontana, California, Code of Ordinances
(Supp. No. 59)

(*ADDITIONS ARE ILLUSTRATED USING UNDERLINE, DELETIONS ARE ILLUSTRATED USING STRIKE THROUGH) ARTICLE IV. MEETINGS
Sec. 2-141. Location for meetings.

All meetings of the city council, agency, authority, or commissions, shall be public and shall be held in the city hall council chambers located at 8353 Sierra Avenue, unless the city council, agency, authority, or commission have stated, by motion action at a regular, adjourned regular, or special meeting, that on a specified date the city council, agency, authority, or commissions shall hold a regular, adjourned regular, or special meeting at another location within the city.

Sec. 2-142. City council.

The city council shall hold its regular meeting on the second and fourth Tuesday of each month at 7:00 2:00 p.m., or at such other day and time as may be provided by resolution, or for adjourned meetings, by order of adjournment. The city council shall, by resolution, set a fixed time by which its regular meeting on the second and fourth Tuesday of each month shall be held.
(Code 1968, § 2-10; Ord. No. 1496, § 1, 3-8-06; Ord. No. 1596, § 1, 5-12-09; Ord. No. 1627, § 1, 1-12-11) State law reference(s)—City council meetings, Government Code §§ 36802, 36805—36814, 54950—54961.

Sec. 2-143. Reserved. Planning Commission.

Editor's note(s)—Ord. No. 1099, § 1, adopted Jan. 18, 1994, repealed former § 2-143, which pertained to the planning commission.

The Planning Commission shall hold its regular meeting on the first and third Tuesday of each month . The city council shall, by resolution, set a fixed time by which the Planning Commission’s regular meeting on the second and fourth Tuesday of each month shall be held.

The City Council shall from time to time, by resolution, set the compensation amount for each member of the Planning Commission for his or her attendance at each publicly noticed meeting of the Planning Commission.

Sec. 2-144. Parks and community services commission. Parks, Community and Human Services Commission.

The parks, community and human services commission Parks, Community and Human Services Commission shall hold its regular meeting on the fourth Thursday of each month. at 7:00 p.m. The city council shall, by resolution, set a fixed time by which the Parks, Community and Human Services Commission’s regular meeting on the fourth Thursday of each month shall be held.

The City Council shall from time to time, by resolution, set the compensation amount for each member of the Parks, Community a nd Human Services Commission for his or her attendance at each publicly noticed meeting of the Parks, Community and Human Services Commission .
30 (Supp. No. 59)

(Code 1968, § 2-12; Ord. No. 1602, § 1, 7-8-09; Ord. No. 1652, § 1(Exh. B), 1-10-12; Ord. No. 1780, § 2, 9-25-18) Cross reference(s)—Parks, Community and Human Services Commission, § 19-31.

Sec. 2-145. Adjournment to other location.

If the council or any commission, committee or agency of the city shall determine that the meeting place specified in section 2-141 is insufficient to accommodate the persons attending any meeting of the city council, commission, committee or agency, then such council, commission, committee or agency may adjourn the meeting from the city hall to any suitable location within the city, and notice of the place to which such meeting is adjourned shall be immediately posted on the front entrance door of the city hall. (Code 1968, § 2-13)
Secs. 2-146—2-165. Reserved.

31 (Supp. No. 59)

Sec. 2-341. Appointment, number, removal and terms of members of commissions, boards and bureaus.
(a) General. All members of the city's committees, commissions, boards and bureaus shall be appointed and removed and shall serve subject to the terms set forth in this section, unless specifically otherwise provided.

Without limiting the generality of the foregoing, this section shall apply to the following committees, commissions, boards, and bureaus which have been created within the city and which are provided for in the Code as indicated below:
(1) Parks, community and human services commission Parks, Community and Human Services Commission (section 19-31).
(2) Planning commission (section 21-51).

This section shall not apply to ad hoc committees, commissions, board or bureaus which are established, from time to time, by the city council other than by means of adoption of an ordinance. (b) Number of members. All commissions, committees, boards and bureaus of the city (other than committees and boards composed of city council members) shall consist of five members. One of the five members of the parks, community and human services commission shall be designated by the c ity council to represent the interests of the city's senior citizen residents.
(c) Qualifications of members; prohibition on appointment of relatives. Members of each committee, commission, board and bureau, shall be residents of the city, but shall not o therwise be employees of the city while serving on such committee, commission, board or bureau. Members of each committee, commission, board or bureau shall not be a relative of any member of the city council. Relatives are those holding a familial relationship by blood, marriage or adoption, such as: spouse, mother, father, brother, sister, child, parent of spouse, grandmother, grandfather, grandchild, cousin, aunt, uncle, nephew, niece, brother-in-law or sister-in-law.
(d) Notice of available positions; resume and application. (1) The city clerk shall, in accordance with Government Code § 54970, inform the public of all available positions on commissions, boards and committees on or before December 31 of each year. The city clerk shall also, in accordance with Government Code, § 54974, inform the public of positions which may be vacant from time to time by posting notice in the city clerk’s office, in the Fontana Public Library and other places as directed by the city council, not earlier than 45 days befo re and not later than 15 days after the vacancy occurs.
(2) All city residents desiring appointments to any commission, board or committee shall submit an application and resume to the city clerk. Such applications shall remain valid for two years from th e date submitted to the city clerk.
(3) Each applicant wishing to serve the city on a city board or commission shall submit a completed application on the form provided by the city clerk on or before the stated deadline. Each applicant shall verify that he/she has never been convicted of a felony by signing the statement contained on the application declaring the same under penalty of perjury, and shall authorize the city to independently verify that information by conducting a criminal background check. E ach applicant shall sign a statement on the application acknowledging that he/she, as a condition of service, shall automatically vacate his/her position upon conviction of a felony and must inform the city clerk if he/she is convicted of a felony while serving the city no more than 24 hours after his/her conviction. (4) The city clerk shall receive all completed applications and shall verify that applicants meet the minimum qualifications for appointment. The police chief or his/her designee shall conduct a 32 (Supp. No. 59)

background check that the police chief, in his/her discretion determines is appropriate, including, but not limited to, a criminal background check on all applicants and all commissioners holding office. The police chief or his/her designee is authorized to seek criminal background information through any authorized law enforcement source, including, but not limited to, the U.S. Department of Justice and/or the Federal Bureau of Investigation, in accordance with the provisions of applicable state and federal law. A copy of the information requested in the background check will be sent to the city clerk or his/her designee and to the applicant and commissioner. All information obtained hereunder shall be confidential to the extent required by applicable state and federal law. The city may charge the applicant a fee, established by the city's master fee resolution, sufficient to reimburse the city for the cost of conducting the background check.
(5) In addition to any other qualifications or limitations imposed by law, the following is a list of minimum qualifications for service on city boards and commissions:
a. Resident of the City of Fontana.
b. Not currently an officer of or employed by the City of Fontana. c. Appointment would not violate any term limits applicable to the position sought. d. Never been convicted of a felony.
(6) The following is additional criteria that the mayor and city council may wish to consider, in its discretion:
a. Total years of residency in the City of Fontana.
b. Recent experience and/or understanding of municipal government or other public agencies. c. Volunteer experience and local community involvement. d. Financial management or budget experience.
e. Knowledge of subject matter governed by the advisory board, commission or committee." f. Experience on other boards, commissions or committees. g. Supervisory and/or management experience.
h. Professional/business experience.
(e) Appointment process.
(1) Parks, community and human services commission. On or before the second meeting in January of each year, each then-current city council member (including the mayor) shall submit to the mayor at least one nominee whom that city council member desires to be appointed to the parks, community and human services commission. The mayor shall nominate an additional two persons. The mayor shall compile a list of all such nominees and may, in his or her discretion and subject to city council approval as described below, appoint to the parks, community and human services commi ssion those individuals as nominated by the council members or such other person(s) as the mayor may designate. When selecting their nominees, the council members and mayor may make nominations for appointment from among those members currently serving on the parks, community and human services commission, from the list of those residents who have filed applications and resumes with the city clerk as provided in subparagraph (d)(2), or from among other persons who otherwise meet the qualifications for appointment. One parks and community and human services commissioner shall have knowledge in the field of aging, in order to assist the commission and city council on any matters affecting elderly people in the city, including health, education, employment, hou sing, transportation 33 (Supp. No. 59)

and recreation. Each nominee must be confirmed by a majority vote of the city council prior to being appointed to serve on the parks, community and human services commission. (2) All other boards, commissions, or committees. On or before the second meeting in January of each year, each then-current city council member shall submit to the mayor the names of those persons whom that council member desires to appoint to each committee, commission, board and bureau subject to the terms of this section. The mayor shall compile a list of all such nominees and may, in his or her discretion and subject to city council approval as described below, appoint to such commissions, boards or committees those individuals as nominated by the council members or such other person as the mayor may designate. When selecting their nominees, the council members may make nominations for appointment from among those members currently serving on a commission, committee, board or bureau, from the lists of those residents who have filed applications and resumes with the city clerk as provided in subparagraph (d)(2), or from among other persons who otherwise meet the qualifications for appointment.

For purposes of this section, the term "nominating council member" shall mean as to each member of a commission, committee, board or bureau, the council member nominating such member for appointment in accordance with this subparagraph (e). Upon the expiration or earlier termination of the term of a nominating council member, that nominating council member's successor shall succeed to the rights of this section as to those commission, committee, board or bureau members appointed by his or her predecessor.

The mayor's appointments as described above shall be subject to city council confirmation as provided in subparagraph (g).
(f) Vacancies. If, prior to the time set forth in subparagraph (e) for the yearly nomination of members to the commissions, committees, boards and bureaus of the city subject to this section, there occurs a vacancy for any reason in any commission, committee, board or bureau, the nominating council member of the member whose position has become vacant shall have the right to nominate to the mayor the person to fill such vacancy. The mayor may, in his or her discretion, appoint such designated nominee. Such nominee shall be subject to city council approval pursuant to subparagraph (g).

City council member nominations for vacancies shall be made to the mayor within 30 days of such vacancy.

The mayor shall act to appoint such nominee or such other person as the mayor may designate no later than the second regularly scheduled city council meeting following expiration of the above -described 30-day period and the city council shall act to approve or disapprove such nominations as provided in subparagraph (g) at the same meeting, subject to the right of the city council to continue such action to another meeting of the city council. (g) Confirmation by city council. The mayor's appointments as described in subparagraphs (e) and (f) shall be subject to confirmation by motion approved by at least three members of the city council. If only a single vacancy or position on a particular commission, committee, board or bureau is being filled, the city council approval of the mayor's appointment shall be by motion approved by at least three members of the city council. Whenever two or more of the mayor's appointments to a particular commission, board or committee are being confirmed by the city council, the motion of the city council shall be to approve or deny the mayor's appointments to such commission, committee, board or bureau in total, e.g., as a slate. As an example, if the city council is acting to confirm the mayor's appointment of three members to the planning commission, the city council shall act with respect to such appointments by either disapproving or approving the totality of the mayor's appointments and the city council may not individua lly confirm one or more appointment on a slate of nominees and deny another appointment appearing on the same slate. Every multiple-member confirmation shall be by motion approved by at least three members of the city council.

The names of all nominees approved by the city council shall be recorded in the minutes of the city council meeting at which such approval is granted.
34 (Supp. No. 59)

(h) Term. The term of a member of a committee, commission, board or bureau shall begin to run on the date that such member is appointed. A member's term shall end, and a vacancy shall be deemed to exist as to that member's position, upon the earliest to occur of the following as respects such member:
(1) Upon the expiration of a period of two years following that member's appointment and the appointment and qualification of that member's replacement in accordance with the provisions of subsection (g).
(2) Upon that member's removal as provided in subsection (i). (3) Upon the effective date of such member's voluntary resignation. (i) Removal. All members of each commission, committee, board and bureau, after taking office, shall be serve at the will and pleasure of the mayor. Any council member may recommend to the mayor that any one or more of the commission members be removed at any time, with good cause or without cause. The mayor may, in his or her discretion, remove such member, subject to city council approval upon a motion approved by at least three members of the city council. Good cause shall mean, but is not limited to, three absences within any 12-month period, immoral or criminal activity, and other inappropriate behavior which the city council, from time to time, may find constitutes cause for removal. Any commission, board or committee member who is removed for cause in accordance with this subsection shall not be eligible for appointment to any commission, committee, board or bureau for at least one year from the date that he or she was removed from office for cause. A member of any board or commission who is convicted of a felony while serving the city in that capacity shall immediately upon conviction vacate his/her position, and he/she shall have the duty to inform the city clerk that he/she has been convicted no more than 24 hours after conviction. A written acknowledgement of the conviction by the city clerk is all that is needed to prohibit the member's further participation on the board or commission. Notwithstanding the foregoing, however, failure by the member to notify the city clerk upon conviction or to cease his/her participation on the board or commission, shall not invalidate any action or inaction of the city council or any, board or commission. (j) Reserved. Requirements prior to taking office. All newly appointed committee, commission, board and bureau members shall, following such appointment, attend one regular meeting of the committee, commission, board or bureau to which they have been appointed before they can take office. (k) Initial designation of nominating council members. Within 30 days from the effective date of the city ordinance which adds this subparagraph (k), the mayor shall, in any manner acceptable to him or her, designate the initial nominating council member for each filled and vacant position on each city commission, committee, board or bureau subject to this section. Following the mayor's designation, which shall be recorded in the council records by the city clerk, the mayor and council shall undertake the nomination, appointment and confirmation procedures described in subparagraphs (e ) and (g) to nominate, appoint and confirm the members of the commissions, committees, boards and bureaus who will initially take office subject to the provisions of this section as established by the ordinance which adds this subparagraph (k). (Ord. No. 1395, § 1, 2-4-03; Ord. No. 1534, § 1, 12-12-06; Ord. No. 1652, § 1(Exh. C), 1-10-12; Ord. No. 1673, §§ 1, 3, 4, 1-22-13; Ord. No. 1780, § 3, 9-25-18; Ord. No. 1863, § 2, 2-9-21)

35 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3498 Agenda Date: 2/11/2025
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the City Sidewalk Reconstruction #2 Project RECOMMENDATION:

1. Award bid and authorize the City Manager to execute a construction contract with CT&T Concrete Paving Inc. for the construction of the City Sidewalk Reconstruction #2 Project in the amount of $846,144.02 and authorize a 10% contingency in the amount of $84,614.40 (Bid No.

DE-25-56-SB).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for City Sidewalk Reconstruction #2 Project.

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

DISCUSSION:

The City of Fontana’s approved Capital Improvement Program Budget includes the City Sidewalk Reconstruction Project (“Project”). This is the second location for the Project and there will be additional contracts forthcoming. The proposed improvements include the rehabilitation of existing sidewalks and drive approaches, eliminating poor and very poor conditions. The project will improve walkability, increase sidewalk service life, and enhance the safety of pedestrian traffic.

Bids for this contract were opened on December 5, 2024. A total of thirteen (13) bids were received, ranging from $846,144.02 to $3,142,725.00. CT&T Concrete Paving Inc. is the lowest bidder in the amount of $846,144.02. The Engineer’s Estimate was $918,291.00. After reviewing the proposed bid documents and performing reference checks, the Engineering staff has determined CT&T Concrete Paving Inc. to be the lowest responsible and responsive bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $846,144.02 for the full term of the construction contract and $84,614.40 for construction contingency. These amounts are included in the 2024-25 available budget, in 37600001-601-A-8330 and 37600001-601-A-8331 respectively.

City of Fontana Printed on 2/5/2025Page 1 of 2
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36 File #: 21-3498 Agenda Date: 2/11/2025
Agenda #: C. Category: Consent Calendar
MOTION:

Approve staff recommendation.

City of Fontana Printed on 2/5/2025Page 2 of 2
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37 Bid Results
City Sidewalk Reconstruction #2
DE-25-56-SB

1. CT&T Concrete Paving, Inc. $846,144.02
Diamond Bar, CA

2. DM Contracting, Inc. $868,190.55
Colton, CA

3. CJ Concrete Construction $889,924.00
Santa Fe Springs, CA

4. Garcon Construction $909,382.28
Ontario, CA

5. Universal Construction & Engineering $915,883.50
Palm Desert, CA

6. Pavement Rehab Company $963,000.00
Anaheim, CA

7. Gentry General Engineering, Inc. $1,287,268.50
Rancho Cucamonga, CA

8. Martin Construction, Inc. $1,383,109.25
Yucaipa, CA

9. Aguilar & Calderon Corp. $1,397,542.50
Whittier, CA

10. Marjani Builders, Inc. $1,416,113.50
Mission Viejo, CA

11. Kalban, Inc. $1,489,168.00
Santa Clarita, CA

12. Los Angeles Engineering, Inc. $3,142,725.00
Covina, CA
38 City of Fontana
Citywide Sidewalk Reconstruction #2 (DE-25-56-SB), bidding on 12/05/2024 2:00 PM (PST)

Printed 12/10/2024
PlanetBids
39 City of Fontana
Citywide Sidewalk Reconstruction #2 (DE-25-56-SB), bidding on 12/05/2024 2:00 PM (PST)

Printed 12/10/2024
PlanetBids
40 City of Fontana
Citywide Sidewalk Reconstruction #2 (DE-25-56-SB), bidding on 12/05/2024 2:00 PM (PST)

Printed 12/10/2024
PlanetBids
41 City of Fontana
Citywide Sidewalk Reconstruction #2 (DE-25-56-SB), bidding on 12/05/2024 2:00 PM (PST)

Printed 12/10/2024
PlanetBids
42 Description of Drive "A" Curb "A" Curb C/G C/G S/W S/W ADA Improvement Way 8" 6" 6" 8" 4" 6" Ramp
1 14 16853 Ironbark Ln SW 5 X 4.75 23.75
2 14 16513 Stonecreek Dr SW 5 X 17.5 87.5
3 14 16688 Bidwell Ln SW 5 X 7 35
4 14 7075 Petaluma Dr SW 5 X 25.5 127.5
5 14 7067 Petaluma Dr SW 5 X 20.75 103.75
6 14 7067 Petaluma Dr SW 5 X 21 105
7 14 7095 Petaluma Dr SW 5 X 10.25 51.25
8 14 7095 Petaluma Dr SW 5 X 23.75 118.75
9 14 (Across From) 7095
Petaluma Dr SW 5 X 11 55
10 14 (Across From) 7103
Petaluma Dr SW 5 X 11.5 57.5
11 14 7103 Petaluma Dr SW 5 X 11.25 56.25
12 14 7110 Petaluma Dr SW 5 X 14.75 73.75
13 14 7124 Petaluma Dr SW 5 X 12.5 62.5
14 14 7144 Petaluma Dr SW 5 X 10 50
15 14 7154 Petaluma Dr SW 5 X 6.5 32.5
16 14 7164 Petaluma Dr SW 5 X 16 80
17 14 7161 Petaluma Dr SW 5 X 53.75 268.75
18 14 16689 San Simeon Way SW 5 X 11.25 56.25
19 14 16489 Pine Forest St SW 5 X 17.75 88.75
20 14 16479 Pine Forest St SW 5 X 11 55
21 14 16414 Twinberry Ct (on
Fraser Fir Dr) SW 5 X 19 95
22 14 6954 Fraser Fir Dr SW 5 X 20.5 102.5
23 14 (Across from) 7010
Fraser Fir Dr SW 5.5 X 32.25 177.5
24 14 (Across from) 7018
Fraser Fir Dr SW 5 X 9 45
25 14 7018 Fraser Fir Dr SW 5 X 12.5 62.5
26 14 16434 Pine Wood Street SW 5 X 6 30
27 14 16369 Freesia Ln SW 5 X 8,75 43.75
28 14 16353 Freesia Ln SW 5 X 16 80
29 14 16345 River Glen Ln SW 5 X 19.25 96.25
City of Fontana, Public Works Department - Sidewalk POOR/VERY POOR Quantity Take Off Sheets Date: 2/28/2024 Map
Grid
Address Cross Street Measurement
43 30 14 (Across from) 16339
Brook Ln SW 5 X 7.5 37.5
31 14 16161 Carmine St SW 5 X 11.5 57.5
32 14 16311 Freesia Ln SW 5 X 8.75 43.75
33 14 6821 Oleander Ave SW 4 X 13 52
34 14 7220 Oleander Ave SW 4 X 9.75 39
35 14 (North of)
7262 Oleander Ave SW 4 X 6 24
36 14 E/S Oleander N/O Brook Ln SW 5 X 11 55
37 14 E/S Oleander N/O Brook Ln SW 5 X 20.5 102.5
38 14 E/S Oleander N/O Brook Ln SW 5 X 10.5 52.5
39 14 (Across from) 7078
Oleander Ave SW 5 X 30.25 151.25
40 14 (Across from) 7054
Oleander Ave SW 5 X 10.25 51.25
41 14 W/S Cypress Ave S/O Pine Forest St SW 4 X 10 40
42 14 W/S Cypress Ave S/O Pine Forest St SW 4 X 10 40
43 14 W/S Cypress Ave at Pismo Way SW 4 X 19.75 79
44 14 W/S Cypress Ave at Pismo Way SW 4 X 11 44
45 14 (Across from) 7023 Cypress
Ave SW 4 X 9.5 38
46 14 6750 Sunridge Ct SW 5 X 18.5 92.5
47 14 6799 Sunridge Ct SW 5 X 14.75 73.75
48 14 6810 Sunridge Ct SW 5 X 14.5 72.5
49 14 1629 Star Crest Way SW 5 X 10.25 51.25
50 14 6738 Winter Night Ct SW 5 X 10 50
51 14 6766 Stardust Ln SW 5 X 10.5 52.5
52 14 6736 Stardust Ln SW 5 X 14.25 71.25
53 14 (Across from) 6716
Stardust Ln SW 5 X 20.5 102.5
56 14 16293 Sun Glory Way SW 5 X 11.5 57.5
57 14 (Across from) 7141
Sierra Ave SW 6 X 10 60
58 14 16242 Baseline Ave SW 6 X 7.25 43.5
59 14 16242 Baseline Ave SW 6 X 5.5 33
60 14 S/S Walnut St E/O Oleander Ave SW 4 X 9.25 37
61 14 (Across from) 6704
Citrus Ave SW 6 X 14.75 88.5
TOTALS 0 0 0 0 0 4114 0 0
44 Description of Drive "A" Curb "A" Curb C/G C/G S/W S/W ADA Improvement Way 8" 6" 6" 8" 4" 6" Ramp
62 15 16966 Walnut Ct SW 4 X 6.5 26
63 15 16982 Walnut Ct SW 4 X 11 44
64 15 (Across from) 6810
Acacia Ave SW 4 X 22.5 90
65 15 (across from) 6850
Acacia Ave SW 4 X 11.5 46
66 15 17099 Lurelane St SW 4 X 6.75 27
67 15 17079 Lurelane St SW 4 X 11.5 46
68 15 6815 Lurelane St SW 4 X 5.5 22
69 15 6830 Wheeler Ct SW 4 X 8 32
70 15 (Across From) 16993
Farwell Ave SW 4 X 20 80
71 15 6733 Newport Ct (on
Farwell Ct) SW 4 X 10.5 42
72 15 6733 Newport Ct (on
Farwell Ct) SW 4 X 7 28
73 15 16973 Farwell St SW 4 X 15.5 62
74 15 (Across from) 6732
Acacia Ave SW 4 X 10.75 43
75 15 6775 Emerald Ct (on
Los Cedros Ave) SW 4 X 10.75 43
76 15 (Across from) 6765
Acacia Ave SW 4 X 15 60
77 15 (Across from) 6757
Acacia Ave SW 4 X 9.75 39
78 15 17047 Farwell St SW 4 X 8.5 34
79 15 17047 Farwell St SW 4 X 5 20
80 15 6539 Pacifica Ave SW 4 X 11 44
81 15 6539 Pacifica Ave SW 4 X 9.75 39
82 15 (Across from) 6563
Sonoma Ave SW 4 X 10 40
83 15 17221 Cambria Ave C & G 20.5 LF 20.5
84 15 17221 Cambria Ave SW 4 X 11 44
85 15 17221 Cambria Ave SW 4 X 10 40
86 15 6744 Kempster Ct SW 4 X 18.75 75
87 15 6740 Kempster Ct SW 4 X 20.5 82
88 15 6740 Kempster Ct SW 4 X 17 68
89 15 6681 Kaiser Ave SW 4 X 9 36
90 15 6645 Kaiser Ave SW 4 X 5 20
91 15 17166 Los Cedros Ave SW 4 X 12.5 50
92 15 (Across from) 17176
Lurelane St SW 4 X 11.5 46
93 15 6800 Ginger Ln (on
Lurelane St) SW 4 X 28 112
94 15 (Across from) 6744
Kaiser Ave SW 4 X 20 80
95 15 (Across from)
6774 Kaiser Ave SW 4 X 22.25 89
96 15 (Across from)
6774 Kaiser Ave SW 4 X 22.5 90
97 15 (Across from)
6812 Kaiser Ave SW 4 X 24 96
98 15 (Across from) 6822
Kaiser Ave SW 4 X 30.25 121
99 15 17286 Woodhill St SW 4 X 9.75 39
100 15 17201 Woodhill St SW 15.5 X 11 170.5
101 15 17201 Woodhill St (on
Blanchard Ave) SW 4 X 31.25 125
102 15 6902 Blanchard Ave SW 4 X 10.75 43
103 15 17201 Walnut Ave (on
Blanchard) SW 4 X 21 84
104 15 17201 Walnut Ave (on
Blanchard) SW 4 X 24.5 98
Map
Grid
Address Cross Street Measurement
45 105 15 (Across from) 17185
Walnut Ave SW 4 X 10 40
106 15 (Across from) 17135
Walnut Ave SW 4 X 21 84
107 15 6872 Kempster Ct SW 4 X 10 40
108 15 6872 Kempster Ct SW 4 X 9.5 38
109 15 17104 Cerritos St SW 4 X 6 24
110 15 17132 Cerritos St SW 4 X 10.5 42
111 15 17192 Lakeview Ct (on
Blanchard Ave) SW 4 X 21.75 87
112 15 17273 Dolphin St SW 4 X 14 56
113 15 17235 Whatley Ave SW 4 X 11.75 47
114 15 17115 Walnut Ave SW 4 X 34.5 138
115 15 17070 Walnut Village Pkwy SW 13.5 X 11.25 152
116 15 17070 Walnut Village Pkwy SW 4 X 8.25 33
117 15 6921 Sierra Ave (on
Walnut Village Pkwy) SW 5 X 14.25 71.25
118 15 16970 Walnut Ct (on
Walnut Village Pkwy) SW 4 X 11.25 46
119 15 16986 Walnut Ct (on
Walnut Village Pkwy) SW 4 X 30 120
120 15 16978 Walnut Ct (on
Walnut Village Pkwy) SW 4 X 10.25 41
121 15 17061 Walnut CT
(on Walnut Vliiage Pkwy) SW 4 X 10 40
122 15 7034 Newport Ave (on
Fern St) SW 4 X 9 36
123 15 (Across from) 16991
Fern St SW 4 X 13.5 54
124 15 7073 Wheeler Ct SW 4 X 16 64
125 15 7067 Wheeler Ct SW 4 X 8 32
126 15 7088 Newport Ave (on
Micallef St) SW 4 X 18.75 75
127 15 (Across from) 7188
Mango Ave SW 4 X 12.5 50
128 15 17115 Russo St (on
Mango Ave) SW 4 X 9.25 37
129 15 17115 Micallef St (on
Mango Ave) SW 4 X 23.5 94
130 15 7055 Mango Ave SW 4 X 16.5 66
131 15 7055 Mango Ave SW 4 X 4 16
132 15 17111 Los Cedros (on
Mango Ave) SW 4 X 11.75 47
133 15 17097 Farwell St SW 4 X 11.75 47
134 15
(Across from) 17095
Prospect Ave (on Mango
Ave)
SW 5 X 31 155
135 15
(Across from) 17094
Prospect Ave (on Mango
Ave)
SW 5 X 10.75 53.75
136 15 6538 Pacific Ave (on
Mango Ave) SW 5 X 19.75 98.75
137 15 6544 Pacific Ave (on
Mango Ave) SW 5 X 8.5 42.5
138 15 6544 Pacific Ave (on
Mango Ave) SW 5 X 14 70
139 15 17294 Los Cedros Ave (on
Palmetto Ave) SW 4 X 11.75 47
140 15 17296 Lurelane St (on
Plametto Ave) SW 4 X 19.75 79
141 15 17297 Lurelane St (on
Palmetto Ave) SW 5 X 17.5 87.5
142 15 7183 Kaiser Ave (on
Palmetto Ave) SW 4 X 7.75 31
143 15 7187 Sierra Ave SW 6 X 9.5 57
144 15 6880 Wheeler Ct (on
Sierra Ave) SW 4 X 20.5 82
46 145 15 6784 Wheeler Ct (on
Sierra Ave) SW 4 X 19.25 77
146 15 6740 Wheeler Ct (on
Sierra Ave) SW 5 X 11 55
147 15 6732 Wheeler Ct (on
Sierra Ave) SW 5 X 22 110
148 15 6726 Wheeler Ct (on
Sierra Ave) SW 5 X 10.5 52.5
149 15 6712 Wheeler Ct (on
Sierra Ave) SW 5 X 10.75 53.75
TOTALS 0 0 0 0 20.5 4843 541.5 0
47 Description of Drive "A" Curb "A" Curb C/G C/G S/W S/W ADA Improvement Way 8" 6" 6" 8" 4" 6" Ramp
150 20 16127 Barbee St SW 4 X 2.5 10
151 20 16121 Barbee St SW 4 X 5.5 22
152 20 16294 Barbee St SW 4 X 4.5 18
153 20 7953 Celeste Ave
(on Reed St) SW 4 X 10.5 42
154 20 7929 Pinyon Ave SW 4 X 5.75 23
155 20 7900 Pinyon Ave SW 4 X 8 32
156 20 7853 Elwood Pl SW 4 X 13 52
157 20 7863 Elwood Pl SW 4 X 24.5 98
158 20 7882 Elwood Pl SW 4 X 12 48
159 20 7882 Elwood Pl SW 4 X 10 40
160 20 16155 Reed Ct SW 4 X 14.25 57
161 20 16170 Reed Ct SW 4 X 11.5 46
162 20 7795 Cartilla Ave SW 6 X 8 48
163 20 7795 Cartilla Ave SW 4 X 6.5 26
164 20 (Across from) 16133
Fairview Ave SW 4 X 52 208
165 20 16149 Fairview Ave SW 4 X 10 40
166 20 7795 Lemon Ct SW 4 X 14.5 58
167 20 (Across from) 16173 Fairview
Ave SW 4 X 110 440
168 20 16202 Fairfax Ave (on
Lemon Ave) SW 4 X 9.25 38
169 20 7761 Pinyon Ct SW 4 X 8.5 34
170 20 (Across from) 16297
Ramona Ave SW 4 X 39 156
171 20 16257 Ramona Ave SW 4 X 13.75 55
172 20 (Across from) 16237 Ramona
Ave SW 4 X 20 80
173 20 (Across from) 16237 Ramona
Ave SW 4 X 16 64
174 20 7549 Lemon St SW 4 X 20 80
175 20 7515 Lemon St SW 4 X 14.75 59
176 20 7495 Lemon St SW 4 X 20.5 82
177 20 (Across from) 16234
San Jacinto Ave SW 4 X 26.5 106
178 20 16234 San Jacinto Ave SW 4 X 8 32
179 20 16234 San Jacinto Ave SW 4 X 28 112
180 20 16257 San Jacinto Ave SW 4 X 10.75 43
181 20 16264 San Jacinto Ave SW 4 X 19.5 78
182 20 16197 Montgomery Ave SW 4 X 10.5 42
183 20 16167 Montgomery Ave SW 4 X 9.75 39
184 20 16118 Montgomery Ave SW 4 X 7.75 31
185 20 16120 Elaine Dr SW 4 X 10.75 43
186 20 16115 Elaine Dr SW 4 X 12 48
187 20 16131 San Jacinto Ave SW 5 X 9.25 46.25
188 20 16130 Jackson Dr SW 4 X 29 116
189 20 16130 Jackson Dr SW 4 X 11 44
190 20 16120 Jackson Dr SW 4 X 9.5 38
191 20 16661 Butano Pl SW 5 X 10 50
192 20 16671 Butano Pl SW 5 X 13.75 68.75
193 20 16679 Butano Pl SW 5 X 26 130
194 20 16676 Butano Pl SW 5 X 13.25 66.25
195 20 16594 San Jacinto Ave SW 4 X 12 48
196 20 16574 San Jacinto Ave SW 4 X 35 140
197 20 16573 San Jacinto Ave SW 4 X 36 144
198 20 16573 San Jacinto Ave SW 4 X 9.75 39
199 20 16554 San Jacinto Ave SW 4 X 13 52
200 20 16553 San Jacinto Ave SW 4 X 11.5 46
201 20 16534 San Jacinto Ave SW 4 X 16.75 67
202 20 16544 San Jacinto Ave SW 4 X 20.25 81
203 20 16523 San Jacinto Ave SW 4 X 21.75 87
Map
Grid
Address Cross Street Measurement
48 204 20 7525 Cypress Ave (on
Elaine Ave) SW 4 X 11.25 45
205 20 16530 Elaine Ave SW 4 X 26 104
206 20 7520 Pepper Ave
(on Elaine Ave) SW 4 X 12.25 49
207 20 16570 Raymond Ave SW 4 X 13.75 55
208 20 16575 Raymond Ave SW 4 X 6.25 25
209 20 7480 Pepper Ave SW 4 X 6 24
210 20 7480 Pepper Ave SW 4 X 7.75 31
211 20 7540 Pepper Ave SW 2 X 4 8
212 20 7560 Pepper Ave SW 4 X 31 124
213 20 16517 Montgomery Ct SW 5 X 29.25 146.25
214 20 16526 Jackson Ct SW 4 X 32.25 129
215 20 16315 Jackson Dr SW 4 X 11 44
216 20 16333 Montgomery Ave SW 4 X 18.75 75
217 20 16366 Montgomery Ave SW 4 X 4.5 18
218 20 16450 Montgomery Ave SW 4 X 8.25 33
219 20 16450 Montgomery Ave SW 4 X 7.5 30
220 20 16420 Montgomery Ave SW 4 X 18 72
221 20 16381 Montgomery Ave (on
Date Ave) SW 4 X 36.5 146
222 20 16381 Montgomery Ave (on
Date Ave) SW 4 X 12 48
223 20 7505 Date Ave (on
San Jacinto Ave) SW 4 X 18.25 73
224 20 E/S Citrus Ave Malaga Ave SW 4 X 8.5 34
225 20 (Across From) 7620
Citrus Ave SW 4 X 23 92
226 20 7517 Citrus Ave SW 4 X 4.5 18
227 20 7505 Citrus Ave SW 4 X 11.75 47
228 20 7421 Citrus Ave SW 4 X 21 84
229 20 (Across From) 16252
Baseline Ave SW 5.5 X 9.25 51
230 20 (Across from) 16262
Baseline Ave SW 5.5 X 9.5 52.25
231 20 (Across from) 16262
baseline Ave SW 5.5 X 21.25 117
232 20 (Across from)
16278 Baseline Ave SW 5.5 X 21 115.5
233 20 16814 Miller Ave SW 4 X 12.5 50
234 20 7431 Juniper Ave SW 5 X 12.75 63.75
235 20 7397 Juniper Ave SW 5 X 8.25 41.25
236 20 7397 Juniper Ave SW 9.5 X 9.5 90.25
237 20 7390 Juniper Ave SW 5 X 13.25 66.25
238 20 16640 Miller Ave SW 4 X 29.75 119
239 20 16688 Miller Ave SW 4 X 8.5 34
240 20 (Across from) 7511
Cypress Ave SW 4 X 12.75 51
241 20 7393 Cypress Ave SW 4 X 10 40
242 20 N/S Miller Ave W/O Date Ave SW 4 X 13.5 54
243 20 7695 Oleander Ave (on
Miller Ave) SW 4 X 20.5 82
244 20 7685 Oleander Ave SW 4 X 9.5 38
245 20 7565 Oleander Ave SW 4 X 21 84
246 20 7555 Oleander Ave SW 4 X 13.5 54
247 20 7515 Oleander Ave SW 4 X 13.25 53
248 20 7372 Oleander Ave SW 4 .5 X 7.75 35
249 20 7436 Oleander Ave SW 4 X 9 36
250 20 7536 Oleander Ave SW 4 X 7.5 30
251 20 7558 Oleander Ave SW 4 X 19.75 79
252 20 7608 Oleander Ave SW 4 X 16 64
253 20 (Across from) 16148
Miller Ave SW 4 X 9.75 39
254 20 16207 Miller Ave SW 4 X 8.5 34
49 255 20 16261 Miller Ave SW 4 X 11.5 46
256 20 7720 Oleander Ave (on
Miller Ave) SW 4 X 14.5 58
257 20 7740 Oleander Ave SW 4 X 27.5 110
258 20 7866 Oleander Ave SW 4 X 10 40
259 20 8011 Oleander Ave SW 4 X 11.75 47
260 20 7973 Oleander Ave SW 4 X 6.5 26
261 20 7921 Oleander Ave SW 4 X 10.75 43
262 20 7722 Cypress Ave SW 4 X 7 28
263 20 7732 Cypress Ave SW 4 X 6 24
264 20 7742 Cypress Ave SW 4 X 15.25 61
265 20 7755 Cypress Ave SW 4 X 15 60
266 20 7804 Cypress Ave SW 4 X 6.5 26
267 20 7814 Cypress Ave SW 4 X 6 24
268 20 7844 Cypress Ave SW 4 X 8 32
269 20 7844 Cypress Ave SW 4 X 7.5 30
270 20 7956 Cypress Ave SW 4 X 15.5 62
271 20 7974 Cypress Ave SW 4 X 8.75 35
272 20 8012 Cypress Ave SW 4 X 5.5 22
273 20 16517 Barbee St (On
Cypress Ave) SW 4 X 6.25 25
274 20 (Across from) 7886
Cypress Ave SW 5.25 X 10.5 55
275 20 7845 Cypress Ave SW 4 X 14.5 58
276 20 7795 Cypress Ave SW 4 X 6.5 26
277 20 (Across from) 16020
Miller Ave SW 4 X 14.5 58
278 20 (Across from)
16020 Miller Ave SW 4 X 4.75 19
279 20 16665 Miller Ave SW 4 X 13.25 53
280 20 16665 Miller Ave SW 4 X 15 60
281 20 16675 Miller Ave SW 4 X 6.5 26
282 20 7716 Juniper Ave SW 4 X 4 16
283 20 16723 Miller Ave SW 4 X 9.25 37
284 20 16733 Miller Ave SW 4 X 19.75 79
285 20 S/S Miller Ave Bennett Ave SW 4 X 10.25 41
286 20 (Across from) 16814 Miller
Ave SW 4 X 21.75 87
287 20 16809 Barbee St (on
Bennett Ave) SW 4 X 16.75 67
288 20 7903 Bennett Ave SW 4 X 19 76
289 20 16786 Reed St (on
Bennett Ave) SW 4 X 16 64
290 20 16786 Reed St (on
Bennett Ave) SW 4 X 10.25 41
291 20 16786 Reed St SW 4 X 3 12 292 20 16764 Reed St SW 4 X 11.75 47
293 20 16714 Reed St SW 4 X 3 12
294 20 7956 Bennett Ave SW 4 X 3 12
295 20 7959 Bennett Ave SW 4 X 10.5 42
296 20 7959 Bennett Ave SW 4 X 4.5 18
297 20 7959 Bennett Ave (on
Reed St) SW 4 X 3 12
298 20 16838 Reed St SW 4 X 18.5 74
299 20 16376 San Jacinto Ave SW 4 X 12.25 49
300 20 16346 San Jacinto Ave SW 4 X 11.25 45
301 20 16358 San Jacinto Ave SW 4 X 14.25 57
302 20 16334 San Jacinto Ave SW 4 X 14 56
303 20 16377 San Jacinto Ave SW 4 X 21.25 85
304 20 7510 Date Ave (on
San Jacinto Ave) SW 4 X 23.25 93
305 20 7505 Date Ave (on
San Jacinto Ave) SW 4 X 10.5 42
306 20 7505 Date Ave (on
San Jacinto Ave) SW 4 X 11.25 45
50 307 20 16443 San Jacinto Ave SW 4 X 10 40
308 20 16455 San Jacinto Ave SW 4 X 10.25 41
309 20 16481 San Jacinto Ave SW 4 X 4.5 18
310 20 16446 San Jacinto Ave SW 4 X 10 40
311 20 16422 San Jacinto Ave SW 4 X 10.5 42
312 20 7514 Date Ave
(on Elaine Dr) SW 4 X 7.75 31
313 20 7514 Date Ave SW 10 X 11 110 314 20 7514 Date Ave (on
Elaine Dr) SW 4 X 24 96
315 20 16380 Elaine Dr SW 4 X 13 52
316 20 16370 Elaine Dr SW 4 X 12 48
317 20 16350 Elaine Dr SW 4 X 13 52
318 20 7535 Oleander Ave SW 6 X 10 60
319 20 7535 Oleander Ave
(on Elaine Dr) SW 4 X 11.5 46
320 20 16379 Elaine Dr SW 4 X 9.75 39
321 20 7524 Date Ave (on
Elaine Dr) SW 4 X 17.25 69
322 20 7524 Date Ave SW 4 X 6.25 25 323 20 7534 Date Ave SW 4 X 19.25 77
324 20 7534 Date Ave SW 4 X 14.25 57
325 20 7544 Date Ave SW 4 X 12.75 51
326 20 16320 Ramona Ave SW 4 X 11.5 46
327 20 7580 Date Ave (on
Ramona Ave) SW 4 X 16.5 66
328 20 7600 Date Ave SW 4 X 7.5 30
329 20 7590 Date Ave SW 4 X 10.25 41
330 20 7610 Date Ave SW 4 X 22.75 91
331 20 7650 Date Ave SW 4 X 9.75 39
332 20 7660 Date Ave SW 4 X 8 32
333 20 7670 Date Ave SW 4 X 16.75 67
334 20 7680 Date Ave SW 4 X 11.25 45
335 20 7690 Date Ave SW 4 X 12.5 50
336 20 7650 Madrona Ave SW 4 X 9.25 37
337 20 7635 Madrona Ave SW 4 X 20.5 82
338 20 7605 Madrona Ave SW 4 X 20 80
339 20 7716 Juniper Ave SW 4 X 10.75 43
340 20 7792 Juniper Ave SW 4 X 6 24
341 20 7869 Melinda Way SW 5 X 19.75 99
342 20 7855 Melinda Way SW 5 X 12 60
343 20 7836 Melinda Way SW 5 X 11 55
344 20 7842 Melinda Way SW 5 X 16.25 81.25
345 20 7882 Blackhawk Ct SW 5 X 7 35
346 20 (Across from)
16377 Harvey Dr SW 4 X 16.25 65
347 20 (Across from)
16377 Harvey Dr SW 4 X 12 48
348 20 (Across from) 16365
Harvey Dr SW 4 X 10.5 42
349 20 7807 Mardona Dr SW 4 X 9.75 39
350 20 7807 Madrona Dr SW 4 X 12.5 50
351 20 7857 Madrona Dr SW 4 X 20.5 82
352 20 7860 Madrona Dr SW 4 X 22 88
353 20 (Across from)
7877 Madrona Dr SW 4 X 11.5 46
354 20 (Across from) 7877
Madrona Dr SW 4 X 8.25 33
355 20 16365 Harvey Dr SW 4 X 10 40
356 20 16433 Harvey Dr SW 4 X 10.25 41
357 20 16435 Harvey Dr SW 4 X 12 48
358 20 7920 Date St SW 4 X 11.5 44
359 20 7920 Date St SW 4 X 30 120
51 360 20 (Across from) 7921
Date St SW 4 X 14 56
361 20 (Across from) 7921
Date St SW 4 X 8.5 34
362 20 16370 Barbee St SW 4 X 10.5 42
363 20 16345 Barbee St SW 4 X 10.25 41
364 20 16380 Barbee St SW 4 X 9.5 38
365 20 16365 Barbee St SW 4 X 10 40
366 20 7921 Date St SW 4 X 9 36
367 20 7919 Date St SW 4 X 10.75 43
368 20 7917 Date St SW 4 X 18.25 73
369 20 7915 Date St SW 4 X 9.5 38
370 20 16437 Harvey Dr SW 4 X 16 64
371 20 16437 Harvey Dr SW 4 X 10.5 42
372 20 7762 Briarwood Ave
(on Fairfax St) SW 4 X 29.25 117
373 20 (Across from) 16395 Fairfax
St SW 4 X 11 44
374 20 7701 Date Ct SW 4 X 13 52
375 20 7737 Madrona Ct SW 4 X 20.25 82
376 20 7702 Mardona Ct SW 4 X 8.25 34
377 20 7714 Madrona Ct SW 4 X 10.25 41
378 20 7738 Mardona Ct SW 4 X 12.5 50
379 20 (Across from) 16305
Fairfax St SW 4 X 42 168
380 20 7761 Briarwood Ave SW 4 X 18.5 74
381 20 7713 Briarwood Ave SW 4 X 21.5 86
382 20 7701 Briarwood Ave SW 4 X 30.25 121
383 20 16549 Fairfax Dr SW 4 X 10.75 43
384 20 16599 Fairfax Dr SW 4 X 28.25 113
385 20 (Across from) 16599 Fairfax
Dr SW 4 X 12.5 50
386 20 7720 Sewell Dr SW 4 X 4 16
387 20 7735 Sewell Dr SW 4 X 12 48
388 20 7735 Sewell Dr SW 4 X 5.5 22
389 20 7750 Sewell Dr SW 4 X 7.25 29
390 20 7770 Sewell Dr SW 4 X 8.5 34
391 20 16570 Fairfax Dr (on
Pepper Dr) SW 4 X 13.5 54
392 20 16570 Fairfax Dr (on
Pepper Dr) SW 4 X 11 44
393 20 16570 Fairfax Dr (on
Pepper Dr) SW 4 X 10.25 41
394 20 7755 Pepper Dr SW 4 X 13.25 53
395 20 7755 Pepper Dr SW 4 X 14.75 59
396 20 7745 Pepper Dr SW 4 X 12.5 50
397 20 7735 Pepper Dr SW 4 X 12.75 51
398 20 7725 Pepper Dr SW 4 X 37.5 150
399 20 7740 Pepper Dr SW 4 X 22.75 91
400 20 7730 Pepper Dr SW 4 X 18.5 74
401 20 7720 Pepper Dr SW 4 X 11.75 47
402 20 16525 Malaga Ct SW 4 X 9.5 38
403 20 7815 Cypress Ave
(on Malaga Ct) SW 4 X 9.75 39
404 20 7815 Cypress Ave (on
Malaga Ct) SW 4 X 4.5 18
405 20 16575 Malaga Ct SW 4 X 19.5 78
406 20 16550 Malaga Ct SW 4 X 15.25 61
407 20 16540 Malaga Ct SW 4 X 15 60
408 20 16540 Malaga Ct SW 4 X 4.5 18
409 20 6573 Reed St SW 4 X 38.25 153
410 20 16591 Reed St SW 4 X 14 56
411 20 16607 Reed St SW 4 X 12.25 49
412 20 16607 Reed St SW 4 X 9.75 39
413 20 7946 Sewell Ave SW 4 X 8.5 34
52 414 20 7966 Sewell Ave SW 4 X 39.5 158
415 20 7966 Sewell Ave (on
Barbee St) SW 4 X 10.5 42
416 20 16616 Barbee St SW 4 X 13.25 53
417 20 16606 Barbee St SW 4 X 16 64
418 20 16590 Barbee St SW 4 X 6 24
419 20 16582 Barbee St SW 4 X 9 36
420 20 16737 Paine St SW 4 X 13.5 54
421 20 16737 Paine St SW 4 X 13 52
422 20 8070 Bennett Ave
(on PaineSt) SW 4 X 20.5 82
423 20 16850 Paine St SW 4 X 12.25 49
424 20 16788 Paine St SW 4 X 10 40
425 20 16748 Paine St SW 4 X 20.75 83
426 20 16728 Paine St SW 4 X 4.25 17
427 20 16728 Paine St SW 4 X 9 36
428 20 16636 Paine St SW 4 X 18 72
429 20 16614 Paine St SW 4 X 18 72
430 20 (Across from) 16558
Paine St SW 4 X 4 16
431 20 16575 Paine St SW 4 X 4 16
432 20 16593 Paine St SW 4 X 6 24
433 20 16593 Paine St SW 4 X 11.5 46
434 20 16601 Paine St SW 4 X 6 24
435 20 16601 Paine St SW 4 X 15 60
436 20 16627 Paine St SW 4 X 9 36
437 20 (Across from) 16636
Paine St SW 4 X 18.75 75
438 20 8005 Juniper Ave (on
Barbee St) SW 4 X 24 96
439 20 16840 Paine St SW 4 X 28 112
440 20 16855 Paine St SW 4 X 42.5 170
441 20 1982 Bennett Ave (on
Paine St) SW 4 X 7.75 31
442 20 16730 Paine St SW 4 X 27.5 110
443 20 7929 Sewell Ave SW 4 X 11.25 45
444 20 16654 Reed St SW 4 X 16.5 66
445 20 16654 Reed St SW 4 X 10.5 42
446 20 7966 Chantry Ave SW 4 X 23.75 95
447 20 16627 Barbee St SW 4 X 20 80
448 20 16645 Barbee St SW 4 X 9.25 37
449 20 7986 Barbee St SW 4 X 9.25 37
450 20 7735 Juniper Ave SW 4 X 9.5 38
451 20 7735 Juniper Ave SW 4 X 8.5 34
452 20 7735 Juniper Ave SW 5 X 7 35
453 20 (Across from) 7793
Juniper Ave SW 4 X 29 116
454 20 (Across from) 7807
Juniper Ave SW 4 X 12.75 51
455 20 (Across from)
7807 Juniper Ave SW 4 X 21 84
456 20 (Across from)
7807 Juniper Ave SW 4 X 9.75 39
457 20 (Across from) 7807
Juniper Ave SW 4 X 6 24
458 20 (Across from)
7807 Juniper Ave SW 4 X 4 16
459 20 (Across from)
7807 Juniper Ave SW 4 X 4 16
460 20 (Across from)
7807 Juniper Ave SW 4 X 9 36
461 20 (Across from)
7807 Juniper Ave SW 4 X 6 24
462 20 (Across from)
7807 Juniper Ave SW 4 X 7.5 30
53 463 20 (Across from)
7807 Juniper Ave SW 4 X 15.25 61
464 20 7918 Juniper Ave SW 4 X 12.5 50
465 20 7928 Juniper Ave SW 4 X 8.75 35
466 20 7946 Juniper Ave SW 4 X 8.5 34
467 20 16666 Foothill Blvd
(on Juniper Ave) SW 4 X 8.5 34
468 20 16666 Foothill Blvd
(on Juniper Ave) SW 4 X 4 16
469 20 16666 Foothill Blvd
(on Juniper Ave) SW 4 X 4.5 18
470 20 16666 Foothill Blvd
(on Juniper Ave) SW 4 X 5 20
471 20 16666 Foothill Blvd
(on Juniper Ave) SW 4 X 11.5 46
TOTALS 0 0 0 0 0 17522 782 0
54 Description of Drive "A" Curb "A" Curb C/G C/G S/W S/W ADA Improvement Way 8" 6" 6" 8" 4" 6" Ramp
472 21 7325 Sierra Ave (on
Baseline Ave) SW 6 X 10 60
473 21 7325 Sierra Ave (on
Baseline Ave) SW 6 X 20 120
474 21 (Across from) 17218
Baseline Ave SW 5 X 12 60
475 21 (Across from)
2688 Baseline Ave SW 5 X 20 100
476 21 (Across from) 2688
Baseline Ave SW 5 X 12.5 62.5
477 21 (Across from) 2644
Baseline Ave SW 5 X 17.75 88.75
478 21 (Across from) 2520
Baseline Ave SW 5 X 10 50
479 21 (Across from) 7363
Alder Ave SW 5.5 X 9.5 52.25
480 21 (Across from) 7363
Alder Ave SW 5 X 11.5 57.5
481 21 (Across from) 7381
Alder Ave SW 4.5 X 7.5 33.75
482 21 7414 Alder Ave SW 4 X 5 20
483 21 7560 Alder Ave SW 4 X 11 44
484 21 7732 Alder Ave SW 4 X 16.75 67
485 21 7768 Alder Ave SW 4 X 5.5 22
486 21 7768 Alder Ave SW 4 X 4 16
487 21 7898 Alder Ave SW 4 X 20 80
488 21 7918 Alder Ave SW 4 X 11.5 46
489 21 7928 Alder Ave SW 4 X 14.25 57
490 21 17154 Foothill Blvd SW 12 X 8 96
491 21 17154 Foothill Blvd SW 12 X 11.75 141
492 21 17000 Foothill Blvd SW 12 X 20 240
493 21 7480 Kaiser Ave (on
Wabash Ave) SW 4 X 10.5 42
494 21 17141 Wabash Ave SW 4 X 12 48
495 21 17171 Wabash Ave SW 4 X 18.75 75
496 21 17191 Wabash Ave SW 4 X 21 84
497 21 17201 Wabash Ave SW 4 X 11.5 46
498 21 17231 Wabash Ave SW 4 X 13.25 53
499 21 17668 Malaga Ct SW 4 X 20.75 83
500 21 17629 Malaga Ct SW 4 X 24 96
501 21 17638 Malaga Ct SW 4 X 8.5 34
502 21 17639 Malaga Ct SW 4 X 26.5 106
503 21 7768 Alder Ave
(on Fairfax St) SW `4 X 4 16
504 21 7768 Alder Ave
(on Fairfax St) SW 4 X 4 16
505 21 7768 Alder Ave
(on Fairfax St) SW 4 X 8.5 34
506 21 17586 Fairfax St SW 4 X 8 32
507 21 17558 Fairfax St SW 4 X 13.75 55
508 21 17558 Fairfax St SW 4 X 4 16
509 21 17567 Fairfax St SW 4 X 8.25 33
510 21 17540 Fairfax St SW 4 X 9 36
511 21 17539 Fairfax St SW 4 X 11 44
512 21 7767 Tamarind Ave (on
Fairfax St) SW 4 X 8.5 34
513 21 7767 Tamarind Ave (on
Fairfax St) SW 4 X 4 16
514 21 7767 Tamarind Ave (on
Fairfax St) SW 4 X 4 16
515 21 17063 Fairfax St SW 4 X 8.75 35
516 21 7757 Lombardy Ave SW 4 X 4 16
517 21 7757 Lombardy Ave SW 4 X 13.25 53
518 21 7757 Lombardy Ave SW 4 X 4.25 17
Map
Grid
Address Cross Street Measurement
55 519 21 7747 Lombardy Ave SW 4 X 4.25 17
520 21 7711 Lombardy Ave SW 4 X 16 64
521 21 7731 Lombardy Ave SW 4 X 21 84
522 21 7731 Lombadry Ave SW 4 X 8.25 33
523 21 7690 Tangelo Ave SW 4 X 28 112
524 21 7685 Tangelo Ave SW 4 X 18.25 73
525 21 7665 Tangelo Ave SW 4 X 6.75 27
526 21 7640 Tangelo Ave SW 4 X 10.25 41
527 21 7630 Tangelo Ave SW 4 X 9.5 38
528 21 7635 Tangelo Ave SW 4 X 17 68
529 21 7620 Tangelo Ave SW 4 X 10 40
530 21 7635 Tangelo Ave SW 4 X 7.25 29
531 21 7635 Tangelo Ave SW 4 X 10.25 41
532 21 17580 Ramona Ave SW 4 X 10.25 41
533 21 17590 Ramona Ave SW 4 X 9.25 37
534 21 7630 Lombardy (on
Ramona Ave) SW 4 X 13.25 53
535 21 7630 Lombardy Ave SW 4 X 18.5 74
536 21 7635 Lombardy Ave SW 4 X 7.75 31
537 21 7680 Lombardy Ave SW 4 X 13.5 54
538 21 7690 Lombardy Ave SW 4 X 10.5 42
539 21 7690 Lombardy Ave SW 4 X 7 28
540 21 7695 Lombardy Ave SW 4 X 18.25 73
541 21 17684 Sunnydale Pl SW 4 X 29 116
542 21 17647 Sunnydale Pl SW 4 X 18.75 75
543 21 17679 Sunnydale Pl SW 4 X 12 48
544 21 7434 Boxwood Ave SW 4 X 17.75 71
545 21 7425 Boxwood Ave SW 4 X 12.75 51
546 21 7415 Boxwood Ave SW 4 X 6 24
547 21 7415 Boxwood Ave SW 4 X 14 56
548 21 17641 Shamrock Ave SW 4 X 12 48
549 21 17641 Shamrock Ave SW 4 X 18 72
550 21 7425 Tangelo Ave SW 4 X 11.5 46
551 21 7395 Tangelo Ave SW 4 X 8.5 34
552 21 7305 Tangelo Ave SW 4 X 19 76
553 21 7335 Nelson Ave (on
Mesa Ave) SW 4 X 10.5 42
554 21 7325 Nelson Ave SW 4 X 9.5 38
555 21 17515 Mesa Ave SW 4 X 9.25 37
556 21 17505 Mesa Ave SW 4 X 21 84
557 21 7335 Tamarind Ave SW 4 X 14.5 58
558 21 17542 Jackson Dr SW 4 X 18 72
559 21 7445 Nelson Ave SW 4 X 10.75 43
560 21 (Across from) 17521
Wabash Ave SW 4 X 29.5 118
561 21 17511 Wabash Ave SW 4 X 9.5 38
562 21 17531 Wabash Ave SW 4 X 15 60
563 21 (Across from) 17551
Wabash Ave SW 4 X 10.75 43
564 21 17552 Wabash Ave SW 4 X 17.25 69
565 21 17551 Wabash Ave SW 4 X 32 128
566 21 17561 Wabash Ave SW 4 X 9.25 37
567 21 17581 Wabash Ave SW 4 X 19 76
568 21 17581 Wabash Ave SW 4 X 8.25 33
569 21 17581 Wabash Ave SW 4 X 18 72
570 21 17372 Paine St SW 5 X 7.5 37.5
571 21 17372 Paine St SW 5 X 5 25
572 21 17372 Paine St C&G 10LF 10
573 21 17393 Barbee St SW 5 X 9 45
574 21 17393 Barbee St C&G 11LF 11
575 21 17398 Barbee St SW 5 X 10 50
576 21 17398 Barbee St SW 4 X 6.5 26
56 577 21 17398 Barbee St C&G 5LF 5
578 21 17419 Barbee St SW 5 X 4.5 22.5
579 21 17419 Barbee St SW 5 X 5 25
580 21 17419 Barbee St C&G 10LF 10
581 21 17429 Barbee St SW 5 X 16.75 83.75
582 21 17431 Reed St SW 4 X 14 56
583 21 17401 Reed St SW 4 X 24.5 98
584 21 17401 Reed St SW 4 X 6 24
585 21 17394 Reed St SW 4 X 6 24
586 21 17319 Reed St SW 4 X 4.5 18
587 21 7943 Palmetto Ave (on
Reed St) SW 4 X 4 16
588 21 17318 Malaga St SW 4 X 13.75 55
589 21 17424 Fairview Rd SW 4 X 25 100
590 21 17419 Fairview Rd SW 4 X 8.25 33
591 21 17368 Fairview Rd SW 4 X 14.5 58
592 21 7761 Palmetto Ave (on
Fairfax St) SW 4 X 16.5 66
593 21 7762 Encinitas Ave (on
Fairfax St) SW 4 X 10 40
594 21 17425 Fairfax St SW 4 X 9.5 38
595 21 17459 Fairfax St SW 4 X 8 32
596 21 17470 Fairfax St SW 4 X 17 68
597 21 17480 Fairfax St SW 4 X 12.5 50
598 21 7738 Encinitas Ave SW 4 X 10.5 42
599 21 7750 Encinitas Ave SW 4 X 22 88
600 21 7762 Encinitas Ave SW 4 X 11 44
601 21 7701 Encinitas Ave SW 4 X 13.75 55
602 21 7701 Encinitas Ave SW 4 X 22.5 90
603 21 17430 Ramona Ave SW 4 X 10 40
604 21 7440 Andress Ct SW 4 X 17.5 70
605 21 17425 Wabash Ave SW 4 X 18.25 73
606 21 17365 Wabash Ave SW 4 X 10.5 42
607 21 17365 Wabash Ave SW 4 X 24.5 98
608 21 17340 Wabash Ave SW 4 X 10.5 42
609 21 (Across from) 17370
Montgomery Ave SW 4 X 9.75 39
610 21 (Across from) 17370
Montgomery Ave SW 4 X 7.25 29
611 21 7425 Palo Verde Ave SW 4 X 6 24
612 21 7425 Palo Verde Ave SW 4 X 7.75 31
613 21 7341 Encinitas Ct SW 4 X 8 32
614 21 7356 Encinitas Ct SW 4 X 10 40
615 21 7361 Encinitas Ct SW 4 X 7.75 31
616 21 7371 Encinitas Ct SW 4 X 8 32
617 21 7381 Encinitas Ct SW 4 X 15.75 63
618 21 17220 Barbee St SW 4 X 8.5 34
619 21 17220 Barbee St SW 4 X 4.5 18
620 21 17220 Barbee St SW 4 X 4.75 19
621 21 17220 Barbee St SW 4 X 8.5 34
622 21 17220 Barbee St SW 4 x 4 16
623 21 17234 Barbee St SW 4 X 6.5 26
624 21 17234 Barbee St SW 4 X 11.75 47
625 21 17234 Barbee St SW 4 X 18.5 74
626 21 17221 Barbee St SW 4 X 12 48
627 21 17289 Barbee St SW 4 X 14.75 59
628 21 17237 Malaga Ct SW 4 X 20.75 83
629 21 7859 Blanchard Ave SW 4 X 15.5 62
630 21 7859 Blanchard Ave SW 4 X 8.75 35
631 21 7874 Blanchard Ave SW 4 X 6 24
632 21 7862 Blanchard Ave SW 4 X 17 68
633 21 17259 Fairfax Ct SW 4 X 10.75 43
634 21 17259 Fairfax Ct SW 4 X 8 32
57 635 21 17067 Holguin Ct SW 4 X 8.75 35
636 21 17067 Holguin Ct SW 4 X 8.5 34
637 21 17071 Holguin Ct SW 4 X 8.5 34
638 21 7530 Kempster Ct SW 4 X 5.25 21
639 21 7560 Blanchard Ave SW 4 X 11 44
640 21 17220 Mesa Ave SW 4 X 10 40
641 21 17220 Mesa Ave SW 4 X 7.5 30
642 21 7348 Kempster Ave SW 4 X 15.5 62
643 21 7369 Kempster Ave SW 4 X 10.5 42
644 21 7398 Kempster Ave SW 4 X 20 80
645 21 7469 Blanchard Ave SW 4 X 11 44
646 21 17440 Jackson Dr SW 4 X 11.25 45
647 21 7350 Mesa Verde Ct SW 4 X 6.75 27
648 21 17405 Jackson Dr SW 8 X 12 96
649 21 17445 Wabash Ave SW 4 X 14 56
650 21 17455 Wabash Ave SW 4 X 16.5 66
651 21 7651 Emerald Ave SW 4 X 12 48
652 21 6741 Emerald Ave SW 4 X 20.5 82
653 21 7621 Emerald Ave SW 4 X 20 80
654 21 7650 Emerald Ave SW 4 X 20 80
655 21 7670 Emerald Ave SW 4 X 20 80
656 21 7680 Emerald Ave SW 4 X 11.5 46
657 21 7681 Emerald Ave SW 4 X 12 48
658 21 7661 Emerald Ave SW 4 X 11.5 46
659 21 16971 Fairfax St SW 4 X 25.75 103
660 21 7761 Acacia St (on
Fairfax St) SW 4 X 7.5 30
661 21 (Across From) 16991
Fairfax St SW 4 X 13 52
662 21 (Across From) 17001
Fairfax St SW 4 X 34 136
663 21 7761 Newport Ct SW 4 X 32 128
664 21 (Across From) 17031
Fairfax St SW 4 X 17.75 71
665 21 (Across From) 17031
Fairfax St SW 4 X 16.75 67
666 21 7714 Emerald Ct SW 4 X 22.5 90
667 21 7726 Emerald Ct SW 4 X 11.75 47
668 21 17061 Fairfax St SW 4 X 9.5 38
669 21 17061 Fairfax St SW 4 X 13 52
670 21 17061 Fairfax St SW 4 X 7 28
671 21 (Across From) 17091
Fairfax St SW 4 X 9.75 39
672 21 7560 Kempster Ct SW 4 X 18.5 74
673 21 7570 Kempster Ct SW 4 X 9.25 37
674 21 7595 Kempster Ct SW 4 X 11.75 47
675 21 7555 Kempster Ct SW 4 X 18.75 75
676 21 17225 Elaine Ave (on
Blanchard Ave) SW 4 X 8.25 33
677 21 17110 Foothill Blvd (on
Mango Ave) SW 10 X 12 120
678 21 7645 Mango Ave SW 5 X 13 65
679 21 7593 Mango Ave SW 5 X 14.75 73.75
680 21 7475 Mango Ave SW 4 X 4 16
681 21 7475 Mango Ave SW 4 X 5.25 21
682 2 7403 Mango Ave SW 4 X 12 48
683 21 17110 Elaine Ave (on
Mango Ave) SW 4 X 18.5 74
684 21 7908 Mango Ave SW 4 X 9.5 38
685 21 8014 Mango Ave SW 4 X 25.25 101
686 21 8014 Mango Ave SW 4 X 15.5 62
687 21 7737 Palmetto Ave SW 4 X 20 80
688 21 17310 Montgomery Ave
(on Palmetto Ave) SW 4 X 9 36
58 689 21 7371 Palmetto Ave SW 4 X 18.5 74
690 21 7468 Palmetto Ave SW 4 X 10.5 42
691 21 7744 Palmetto Ave SW 4 X 19.5 78
692 21 7824 Palmetto Ave SW 4 X 6.5 26
693 21 7844 Palmetto Ave SW 4 X 19 76
694 21 17289 Barbee Ave (on
Palmetto Ave) SW 4 X 9.75 39
695 21 7825 Tamarind Ave SW 4 X 6.5 26
696 21 7815 Tanarind Ave SW 4 X 4 16
697 21 7815 Tamarind Ave SW 4 X 3.25 13
698 21 7767 Tamarind Ave SW 4 X 17.5 70
699 21 7650 Tamarind Ave (on
Miller Ave) SW 5 X 5 25
700 21 17356 Miller Ave SW 4 X 54 216
701 21 17276 Miller Ave SW 4 X 8.75 35
702 21 17239 Miller Ave SW 4 X 6 24
703 21 7702 Encinitas Ave (on Miller
Ave) SW 4 X 17 68
TOTALS 0 0 0 0 36 11894 414.5 0
59 Description of Drive "A" Curb "A" Curb C/G C/G S/W S/W ADA Improvement Way 8" 6" 6" 8" 4" 6" Ramp
704 22 18233 Montgomery Ave SW 4 X 10.5 42
705 22 18214 Montgomery Ave (on
Williams Rd) SW 4 X 4 16
706 22 18214 Montgomery Ave (on
Williams Rd) SW 4 X 11 44
707 22 18214 Montgomery Ave (on
Williams Rd) SW 4 X 27.75 111
708 22 18110 Montgomery Ave SW 4 X 9.75 39
709 22 18116 Montgomery Ave SW 4 X 3.5 14
710 22 18135 Emanuelli Ct SW 4 X 9 36
711 22 18201 Cummings St SW 4 X 15.75 63
712 22 18211 Cummings St SW 4 X 9.75 39
713 22 18232 Cummings St SW 4 X 11 44
714 22 18118 Cummings St SW 4 X 17 68
715 22 18119 Cummings St SW 4 X 14 56
716 22 18120 Emanuelli Ct SW 4 X 7 28
717 22 18112 Emanuelli Ct SW 4 X 18.5 74
718 22 18108 Emanuelli Ct SW 4 X 17.5 70
719 22 7493 Dumond St SW 6 X 8.75 52.5
720 22 18108 San Jacinto Ave SW 4 X 12 48
721 22 18105 San Jacinto Ave SW 4 X 4.75 19
722 22 18109 San Jacinto Ave SW 4 X 16.75 67
723 22 18111 San Jacinto Ave SW 4 X 8.25 33
724 22 18281 Laguna Pl SW 4 X 11 44
725 22 18266 Laguna Pl SW 5 X 9.75 48.75
726 22 18294 Ramona Ave SW 5 X 14 70
727 22 18137 Laguna Pl (on
Aspen Ave) SW 5 X 13 65
728 22 17780 Fairview Dr (on
Laurel Dr) SW 4 X 11 44
729 22 17824 Laurel Dr SW 4 X 17.75 71
730 22 17812 Laurel Dr SW 4 X 12.75 7 51
731 22 17715 Malaga Dr SW 4 X 22 88
732 22 17730 Malaga Dr SW 4 X 20 80
733 22 17792 Malaga Dr SW 4 X 13.5 54
734 22 17796 Malaga Dr SW 4 X 24.25 97
735 22 17735 Fairview Dr SW 4 X 11.75 47
736 22 17811 Sandhurst Ave SW 4 X 9.75 39
737 22 17820 San Jacinto Ave SW 4 X 12.25 49
738 22 7450 Palm Ln SW 4 X 23 92
739 22 17850 Shamrock Ave SW 4 X 9.75 39
740 22 17840 Shamrock Ave SW 4 X 6.75 27
741 22 7405 Rosecrest Ave SW 4 X 21.5 86
742 22 7335 Palm Ln SW 4 X 11 44
743 22 17855 Montgomery Ave SW 4 X 9.75 39
744 22 7375 Rosecrest Ave (on
Montgomery Ave) SW 4 X 11.5 46
745 22 7395 Rosecrest Ave SW 4 X 24.5 98
746 22 7395 Rosecrest Ave (on
Montgomery Ave) SW 4 X 7.5 30
747 22 17795 Mesa Rd SW 4 X 19 76
748 22 17770 Mesa Rd SW 4 X 23.25 93
749 22 17755 Mesa Rd SW 4 X 16 64
750 22 7370 Evergreen Ave SW 4 X 15 60
751 22 (Across From) 7370
Evergreen Ave SW 4 X 4 16
752 22 (Across From) 7370
Evergreen Ave SW 4 X 11.75 47
753 22 17740 Shamrock Ave (on
Evergreen Ave) SW 4 X 12 48
754 22 17775 Shamrock Ave SW 4 X 7.25 29
755 22 (Across From) 17850
Shamrock AVe SW 4 X 11.75 47
Map
Grid
Address Cross Street Measurement
60 756 22 18023 San Jacinto Ave SW 4 X 10.25 41
757 22 7592 Creighton Ct SW 4 X 27.5 110
758 22 7365 Frankfort Ave (on
Montgomery Ave) SW 4 X 20 80
759 22 7365 Frankfort Ave SW 4 X 11.5 46 760 22 7330 Frankfort Ave SW 4 X 12.25 49
761 22 7350 Frankfort Ave SW 4 X 22.5 90
762 22 (Across From) 18045
Montgomery Ave SW 4 X 12.25 49
763 22 (Across From) 18035
Montgomery Ave SW 4 X 6.5 26
764 22 (Across From) 18035
Montgomery Ave SW 4 X 6.25 25
765 22 7330 Buckeye Dr SW 4 X 10.5 42
766 22 7340 Buckeye Dr SW 4 X 7.5 30
767 22 (Across From) 18045
Montgomery Ave SW 4 X 10.5 42
768 22 7350 Buckeye Dr SW 4 X 33.5 134
769 22 7335 Grace St SW 4 X 22.5 90
770 22 7325 Grace St SW 4 X 18 72
771 22 7320 Grace St SW 4 X 21.25 85
772 22 7300 Grace St SW 4 X 13 52
773 22 7350 Grace St SW 4 X 14.25 57
774 22 7365 Ferndale Ave (on
Montgomery Ave) SW 4 X 9.5 38
775 22 7345 Ferndale Ave SW 4 X 20 80
776 22 7335 Ferndale Ave SW 4 X 7.75 31
777 22 7320 Ferndale Ave SW 4 X 6.75 27
778 22 7305 Ferndale Ave SW 4 X 11.5 46
779 22 7300 Ferndale Ave SW 4 X 6.75 27
780 22 7360 Ferndale Ave SW 4 X 28.5 114
781 22 7380 Ferndale Ave SW 4 X 22.5 90
782 22 7390 Ferndale Ave SW 4.5 X 9 40.5
783 22 7405 Ferndale Ave SW 4 X 5.5 22
784 22 7415 Ferndale Ave SW 4 X 10 40
785 22 7415 Grace St SW 4 X 10 40
786 22 7410 Grace St SW 4 X 18.25 73
787 22 7430 Grace St SW 4 X 25.5 102
788 22 (Across From) 17945
San Jacinto Ave SW 4 X 21.25 85
789 22 N/E/C San Jacinto Ave Ferndale Ave ADA 1
790 22 7435 Ferndale Ave (on
San Jacinto Ave) SW 4 X 11, 5.5 X 7, & 6 X 8 133.5
791 22 7430 Ferndale Ave (on
San Jacinto Ave) SW 4 X 23.75 95
792 22 7325 Laurel Ave SW 4 X 12.5 50
793 22 7325 Laurel Ave SW 4 X 8.5 34
794 22 7315 Laurel Ave SW 4 X 4 16
795 22 (Across From) 7509 Laurel
Ave SW 4 X 8 32
796 22 7875 Locust Ave SW 4 X 11 44
797 22 7875 Locust Ave SW 4 X 20 80
798 22 7411 Locust Ave SW 4 X 4 16
799 22 7365 Frankfort Ave (on
Locust Ave) SW 5 X 9.75 48.75
800 22 7420 Locust Ave SW 5 X 20 100
61 801 22 7420 Locust Ave SW 5 X 20 100
802 22 7420 Locust Ave SW 5 X 8 40
803 22 7420 Locust Ave SW 5 X 20 100
804 22 7420 Locust Ave SW 5 X 10 50
805 22 7420 Locust Ave SW 5 X 10.25 51.25
806 22 (Across From) 7515
Locust Ave SW 5 X 10.75 53.75
807 22 (Across From) 7515
Locust Ave SW 5 X 7 35
808 22 (Across From) 7515
Locust Ave SW 5 X 22.75 113.75
809 22 18083 San Jacinto Ave
(on Locust Ave) SW 5 X 24.5 122.5
810 22 8016 Locust Ave SW 5 X 11.5 57.5
811 22 8044 Locust Ave SW 6 X 22 132
812 22 8052 Locust Ave SW 6 X 10.5 63
813 22 8064 Locust Ave SW 6 X 10.25 61.5
814 22 8014 Frankfort Ave SW 5 X 8 40
815 22 8038 Frankfort Ave SW 5 X 4 20
816 22 (Across From) 1920
Baseline Ave SW 6 X 22.75 136.5
817 22 (Across From) 1920
Baseline Ave SW 6 X 9.75 58.5
818 22 (Across From) 1710 Baseline
Ave SW 5 X 5 25
819 22 (Across From) 18253 Miller
Ave SW 5.5 X 9.5 52.25
820 22 17794 Miller Ave SW 4 X 22.75 91
821 22 7724 Myles Ct SW 6 X 12 72
822 22 18130 Miller Ave SW 6 X 4.25 25.5
823 22 18130 Miller Ave SW 6 X 6 36
824 22 7731 Freesia Way SW 5 X 10 50
825 22 7741 Freesia Way SW 5 X 20.5 102.5
826 22 7823 Dumond Dr SW 4 X 4.5 18
827 22 18234 Fairview Dr SW 4 X 7.75 31
828 22 18210 Fairview Dr SW 4 X 17.5 70
829 22 7837 Williams Rd (on
Fairview Dr) SW 4 X 20.5 82
830 22 18170 Fairview Dr SW 4.5 X 9 40.5
831 22 18160 Fairview Dr SW 4 X 9 36
832 22 17934 Fairfax St SW 4 X 19.75 79
833 22 7851 Heidi
(on Laurel Dr) SW 4 X 15 60
834 22 7885 Grace Ave SW 4 X 24.75 99
835 22 7957 Ferndale Dr SW 4 X 8.25 33
836 22 7930 Ferndale Dr SW 4 X 30 120
837 22 7940 Ferndale Dr SW 4 X 21.75 87
838 22 7960 Ferndale Dr SW 4 X 11.75 47
839 22 18000 Foothill Blvd
(on Grace Ave) SW 4 X 30.5 122
840 22 18000 Foothill Blvd
(on Grace Ave) SW 4 X 15 60
841 22 18000 Foothill Blvd
(on Grace Ave) SW 4 X 15 60
842 22 (Across From) 18108
Fairview Dr SW 4 X 18.25 73
843 22 7825 Spohn Ave
(on Fairview Dr) SW 4 X 24.5 98
844 22 7825 Spohn Ave SW 4 X 23.5 94
845 22 7825 Spohn Ave SW 4 X 16.75 67
846 22 7855 Spohn Ave SW 4 X 11.75 47
847 22 7850 Spohn Ave SW 4 X 23.25 93
TOTALS 0 0 0 7 0 8436 187 1
62 Description of Drive "A" Curb "A" Curb C/G C/G S/W S/W ADA Improvement Way 8" 6" 6" 8" 4" 6" Ramp
848 27 16110 Owen St SW 4 X 36 144
849 27 16100 Owen St SW 4 X 28 112
850 27 16105 Owen St SW 4 X 18.75 75
851 27 16115 Owen St SW 4 X 38.75 155
852 27 16135 Owen St SW 4 X 5.5 22
853 27 16135 Owen St SW 4 X 19.5 78
854 27 16145 Owen St SW 4 X 20.5 82
855 27 16155 Owen St SW 4 X 29.25 117
856 27 16165 Owen St SW 4 X 19.25 77
857 27 16175 Owen St SW 4 X 11.25 45
858 27 16185 Owen St SW 4 X 5 20
859 27 16180 Owen St SW 4 X 19.75 79
860 27 16150 Owen St SW 4 X 19 76
861 27 16140 Owen St SW 4 X 9.75 39
862 27 16130 Owen St SW 4 X 11.5 46
863 27 16120 Owen St SW 4 X 9.75 39
864 27 16109 Seville Ave SW 4 X 17 68
865 27 16115 Seville Ave SW 4 X 8 32
866 27 16115 Seville Ave SW 4 X 28.75 115
867 27 16129 Seville Ave SW 4 X 15.75 63
868 27 16135 Seville Ave SW 4 X 6.75 27
869 27 16205 Seville Ave SW 4 X 10 40
870 27 16225 Seville Ave SW 4 X 19.5 78
871 27 16265 Seville Ave SW 4 X 9.25 37
872 27 16275 Seville Ave SW 4 X 20.25 81
873 27 16285 Seville Ave SW 4 X 19.75 79
874 27 16196 Seville Ave SW 4 X 29.75 119
875 27 16156 Seville Ave SW 4 X 28.75 115
876 27 16146 Seville Ave SW 4 X 7.25 29
877 27 16126 Seville Ave SW 4 X 16 64
878 27 16116 Seville Ave SW 4 X 8 32
879 27 16279 Owen St SW 4 X 5.75 23
880 27 8322 Oleander Ave
(on Owen St) SW 4 X 4 16
881 27 8265 Citrus Ave
(on Upland Ave) SW 4 X 19 76
882 27 16353 Owen St SW 4 X 12 48
883 27 16353 Owen St SW 4 X 4 16
884 27 16383 Owen St SW 4 X 15.25 61
885 27 16386 Owen St SW 4 X 12.75 51
886 27 17470 Upland Ave SW 4 X 10.25 41
887 27 16418 Upland Ave SW 4 X 7.5 30
888 27 8237 Date St
(on Ivy Ave) SW 5 X 5.75 28.75
889 27 16473 Ivy Ave SW 4.5 X 7 31.5
890 27 16479 Ivy Ave SW 4 X 8.5 34
891 27 16418 Ivy Ave SW 4 X 9.75 39
892 27 16394 Vine St
(on Date St) SW 5 X 10.75 53.75
893 27 16224 Ivy Ave SW 4 X 6 24
894 27 16178 Ivy Ave SW 4 X 9.5 38
895 27 16650 Seville Ave SW 5 X 1.5 7.5
896 27 16650 Seville Ave SW 5 X 18 90
897 27 16650 Seville Ave SW 5 X 7.25 36.25
898 27 (Across from)
16600 Seville Ave SW 6 X 20.75 124.5
899 27 (Across from) 16678
Seville Ave SW 5 X 30 150
900 27 8288 Chantry Ave SW 5 X 27.5 137.5
901 27 16544 Upland Ave SW 5 X 9.5 47.5
902 27 16544 Upland Ave SW 5 X 4 20
Map
Grid
Address Cross Street Measurement
63 903 27 16524 Upland Ave SW 5 X 16.75 83.75
904 27 16512 Upland Ave SW 5 X 14.75 73.75
905 27 16605 Upland Ave SW 5 X 12.5 62.5
906 27 16512 Upland Ave SW 5 X 4 20
907 27 16595 Upland Ave SW 5 X 9.75 48.75
908 27 8211 Bennett Ave (on
Ivy Ave) SW 5 X 8 40
909 27 16795 Ivy Ave SW 5 X 8 40
910 27 16795 Ivy Ave SW 5 X 22 110
911 27 (Across from) 8328
Nuevo Ave SW 5 X 5 25
912 27 8318 Nuevo Ave SW 5 X 10 50
913 27 8318 Nuevo Ave SW 5 X 7.5 37.5
914 27 8318 Nuevo Ave SW 5 X 5 25
915 27 8306 Nuevo Ave SW 5 X 5.5 27.5
916 27 16177 Ceres Ave SW 4 X 10.25 41
917 27 16197 Ceres Ave SW 4 X 12.75 51
918 27 16198 Ceres Ave SW 4 X 13 52
919 27 16283 Ceres Ave SW 4 X 12 48
920 27 16485 Ceres Ave SW 4 X 3 12
921 27 16444 Ceres Ave SW 4 X 14.5 58
922 27 16434 Ceres Ave SW 4 X 5.25 21
923 27 16434 Ceres Ave SW 4 X 5.25 21
924 27 16284 Ceres Ave SW 5 X 11 55
925 27 16284 Ceres Ave (on
Oleander Ave) SW 5 X 10 50
926 27 16318 Ceres Ave SW 5 X 20 100
927 27 16318 Ceres Ave SW 5 X 11 55
928 27 16284 Ceres Ave (on
Oleander Ave) SW 5 X 5.5 27.5
929 27 16254 Ceres Ave SW 4 X 20 80
930 27 16254 Ceres Ave SW 4 X 30.75 123
931 27 16110 Ceres Ave SW 4 X 6.75 27
932 27 16110 Ceres Ave SW 4 X 12.5 50
933 27 8676 Juniper Ave SW 2.5 X 22 55
934 27 8876 Juniper Ave SW 5 X 19 95
935 27 8845 Juniper Ave SW 5 X 14 70
936 27 8837 Juniper Ave SW 5 X 10.75 53.75
937 27 8557 Juniper Ave SW 5 X 7 35
938 27 8805 Juniper Ave
(on Ceres Ave) SW 7 X 11 77
939 27 8676 Nuevo Way SW 5 X 8.5 42.5
940 27 8676 Nuevo Way SW 4 X 4 16
941 27 8676 Nuevo Way SW 4 X 8 32
942 27 8673 Bennett Ave SW 4 X 8 32
943 27 8610 Bennett Ave SW 4 X 22.5 90
944 27 16742 Orange Way SW 7 X 9.5 66.5
945 27 16742 Orange Way
(on Rosena Ave) SW 14 X 20 280
946 27 (Across from) 8889
Pepper St SW 5 X 26.5 132.5
947 27 8894 Sewell Ave SW 5 X 16 80
948 27 16312 Orange Way SW 4 X 12.25 49
949 27 (Across from) 8650
Oleander Ave SW 4 X 9.5 38
950 27 (Across from)
8650 Oleander Ave SW 4 X 11.5 46
951 27 (Across from) 8650
Oleander Ave SW 4 X 26.5 106
952 27 (Across from) 8650
Oleander Ave SW 4 X 11.75 47
953 27 8353 Oleander Ave SW 4 X 6 24
954 27 8353 Oleander Ave SW 4 X 6 24
955 27 16489 Orange Way SW 4 X 8.75 35
64 956 27 16489 Orange Way SW 4 X 8.5 34
957 27 16489 Orange Way SW 4 X 5.5 22
958 27 16641 Orange Way SW 4 X 7 28
959 27 16641 Orange Way SW 4 X 11.5 46
960 27 16645 Valencia Ave SW 4 X 15.25 61
961 27 16645 Valencia Ave SW 4 X 10.75 43
962 27 16621 Valencia Ave SW 4 X 26.5 106
963 27 16585 Valencia Ave SW 4 X 5.5 22
964 27 8819 Citrus Ave SW 4 X 10 40
965 27 8819 Citrus Ave SW 4 X 32.25 129
966 27 16177 Orange Ct SW 4 X 6.25 25
967 27 16167 Orange Ct SW 4 X 12.75 51
968 27 16103 Seville Ave (on
Citrus) SW 4 X 24 96
969 27 (Across from)
8145 Cypress Ave SW 4 X 32.25 129
970 27 8434 Cypress Ave SW 4 X 8 32
971 27 16155 Arrow Blvd SW 4 X 15 60
972 27 16157 Arrow Blvd SW 4 X 5.5 22
973 27 8820 Oleander Ave SW 4 X 12.75 51
TOTALS 0 0 0 0 0 7001 446.8 0
65 Description of Drive "A" Curb "A" Curb C/G C/G S/W S/W ADA Improvement Way 8" 6" 6" 8" 4" 6" Ramp
974 28 8425 Mango Ave (on
Arrow Blvd) SW 6 X 3 18
975 28 8425 Mango Ave (on
Arrow Blvd) SW 6 X 3 18
976 28 8425 Mango Ave (on
Arrow Blvd) SW 6 X 3 18
977 28 8425 Mango Ave (on
Arrow Blvd) SW 6 X 3 18
978 28 8425 Mango Ave (on
Arrow Blvd) SW 6 X 3 18
979 28 8425 Mango Ave (on
Arrow Blvd) SW 6 X 3 18
980 28 8425 Mango Ave (on
Arrow Blvd) SW 6 X 3 18
981 28 8425 Mango Ave (on
Arrow Blvd) SW 6 X 20.75 124.5
982 28 8784 Alder Ave SW 4 X 7 28
983 28 17658 Merrill Ave C&G 11LF 11
984 28 17658 Merrill Ave SW 4 X 15 60
985 28 17636 Merrill Ave SW 4 X 11.5 46
986 28 17620 Merrill Ave C&G 11.5LF 11.5
987 28 8868 Tangelo Ave SW 4 X 12.25 49
988 28 17392 Ceres Dr SW 4 X 4.25 17
989 28 17392 Ceres Dr SW 4 X 16.25 65
990 28 17393 Ceres Dr SW 4 X 18.5 74
991 28 17353 Anastasia Ave SW 4 X 21.5 86
992 28 17353 Anastasia Ave SW 4 X 6.25 25
993 28 17417 Anastasia Ave SW 4 X 8.25 33
994 28 8833 Palmetto Ave SW 5 X 8.75 43.75
995 28 8875 Balnchard Ave SW 4 X 34.5 138
996 28 8865 Blanchard Ave SW 4 X 15.5 62
997 28 8855 Blanchard Ave SW 4 X 19 76
998 28 17155 Citron Ct SW 4 X 11.5 46
999 28 8840 Blanchard Ave (on
Citron Ave) SW 4 X 9 36
1000 28 8840 Blanchard Ave (on
Citron Ave) SW 4 X 8 32
1001 28 8840 Blanchard Ave SW 4 X 9.25 37
1002 28 17425 Ceres Ave SW 5 X 3.5 17.5
1003 28 8828 Mango Ave SW 5 X 5.75 28.75
1004 28 16931 Foothill Blvd SW 12 X 31 372
1005 28 16951 Foothill Blvd SW 12 X 11 132
1006 28 16951 Foothill Blvd SW 12 X 11 132
1007 28 16981 Foothill Blvd SW 12 X 21.5 258
1008 28 16981 Foothill Blvd SW 12 X 5 60
1009 28 16981 Foothill Blvd SW 12 X 19.25 231
1010 28 16981 Foothill Blvd SW 12 X 11 132
1011 28 8185 Palmetto (on
Foothill Blvd) SW 12.5 X 10 125
1012 28 17644 Vine St SW 4 X 9.5 38
1013 28 8270 Alder Ave SW 4 X 5.75 23
1014 28 8316 Alder Ave SW 4 X 6 24
1015 28 8336 Alder Ave SW 4 X 9 36
1016 28 8562 Wheeler Ave SW 6 X 10.75 64.5
1017 28 8646 Wheeler Ave SW 6 X 8.75 52.5
1018 28 8517 Newport Ave SW 4 X 8.75 35
1019 28 8542 Newport Ave SW 4 X 9.75 39
1020 28 8626 Newport Ave SW 4 X 5 20
1021 28 8674 Newport Ave SW 4 X 9 36
1022 28 8161 Wheeler Ave SW 5 X 7.75 38.75
1023 28 8386 Mango Ave (on
Seville Ave) SW 5 X 11 55
Map
Grid
Address Cross Street Measurement
66 1024 28 8383 Emerald Ave (on
Seville Ave) SW 5 X 17.5 87.5
1025 28 17075 Ivy Ave SW 4 X 9.25 37
1026 28 17076 Ivy Ave SW 4 X 11.5 46
1027 28 17175 Ivy Ave SW 5 X 14 70
1028 28 17199 Owen St SW 4 X 8 32
1029 28 17264 Owen St SW 4 X 8 32
1030 28 17325 Owen St SW 4 X 6 24
1031 28 17385 Owen St SW 4 X 15 60
1032 28 17455 Owen St SW 4 X 10 40
1033 28 17403 Vine St SW 4 X 9.25 37
1034 28 8325 Boxwood Ave SW 4 X 7 28
1035 28 8350 Boxwood Ave SW 4 X 11.5 46
1036 28 8350 Boxwood Ave SW 4 X 12.75 51
1037 28 17629 Seville Ct SW 4 X 9 36
1038 28 17657 Seville Ct SW 4 X 6.5 26
1039 28 17577 Arrow Blvd (on
Criss Ave) SW 4 X 7.25 29
1040 28 17577 Arrow Blvd (on
Criss Ave) SW 4 X 7.25 29
1041 28 (Acros from) 8577
Criss Ave SW 4 X 42.5 170
1042 28 8617 Emerald Ave SW 4 X 12.25 49
1043 28 8642 Emerald Ave SW 4 X 9.25 37
1044 28 17205 Arrow Blvd (on
Blanchard Ave) SW 5 X 13 65
1045 28 17165 Arrow Blvd (on
Kempster Ave SW 4.5 X 5 22.5
1046 28 17165 Arrow Blvd
(on Kempster Ave) SW 5 X 5 25
1047 28 8679 Palo Verde Ave SW 4 X 60 240
1048 28 8614 Encina Ave (on
Valencia Ave) SW 4 X 6 24
1049 28 17394 Valencia Ave SW 5 X 8 40
1050 28 17464 Dorsey CT SW 4 X 9 36
1051 28 8661 Tangelo Ct SW 4 X 10 40
1052 28 8646 Tamarind Ave SW 4 X 17.25 69
1053 28 8646 Tamarind Ave SW 4 X 6 24
1054 28 8540 Tamarind Ave SW 4 X 8.25 33
1055 28 8538 Tamarind Ave SW 4 X 15.25 61
1056 28 17251 Foothill Blvd
(on Palmetto Ave) SW 5 X 20.5 102.5
1057 28 17251 Foothill Blvd
(on Palmetto Ave) SW 5 X 11 55
1058 28 17251 Foothill Blvd
(on Palmetto Ave) SW 5 X 10.5 52.5
1059 28 17251 Foothill Blvd
(on Palmetto Ave) SW 5 X 20.5 102.5
1060 28 17251 Foothill Blvd
(on Palmetto Ave) SW 5 X 14 70
1061 28 8291 Mango Ave SW 4 X 9.25 37
1062 28 17291 Upland Ave (on
Palmetto Ave) SW 5 X 10 50
1063 28 17292 Owen St (on
Palmetto Ave) SW 4 X 9 36
1064 28 8280 Mango Ave SW 4 X 9 36
1065 28 8508 Emerald Ave (on
Arrow Blvd) SW 6 X 14.5 87
1066 28 8508 Emerald Ave (on
Arrow Blvd) SW 6 X 8.5 51
1067 28 8508 Emerald Ave (on
Arrow Blvd) SW 6 X 6 36
1068 28 17185 Arrow Blvd SW 5 X 12 60
1069 28 17205 Arrow Blvd SW 5 X 12 60
1070 28 17205 Arrow Blvd SW 5 X 20 100
1071 28 17425 Arrow Blvd SW 5 X 10.5 52.5
67 1072 28 17425 Arrow Blvd SW 5 X 9.75 48.75
1073 28 17487 Arrow Blvd SW 6 X 12 72
1074 28 17529 Arrow Blvd SW 6 X 12.75 76.5
1075 28 17529 Arrow Blvd SW 5 X 11.5 57.5
1076 28 17400 Arrow Blvd SW 5 X 16.5 82.5
1077 28 17400 Arrow Blvd SW 5 X 8.5 42.5
1078 28 17400 Arrow Blvd SW 5 X 14.5 72.5
1079 28 17420 Arrow Blvd SW 6 X 11.5 69
1080 28 8530 Palmetto Ave SW 5 X 16 80
1081 28 8674 Palmetto Ave SW 4 X 2.5 10
1082 28 17295 Orange Way (on
Palmetto Ave) SW 4 X 10 40
1083 28 8682 Palmetto Ave SW 4 X 15 60
1084 28 8587 Palmetto Ave SW 4 X 12.75 51
1085 28 8587 Palmetto Ave SW 4 X 4.5 18
1086 28 8571 Palmetto Ave SW 4 X 13.25 53
1087 28 8565 Palmetto Ave SW 4 X 10.75 43
1088 28 8565 Palmetto Ave SW 4 X 15 60
1089 28 8545 Palmetto Ave SW 4 X 21.5 86
1090 28 8527 Palmetto Ave SW 4 X 6.5 26
1091 28 17306 Owen St (on
Palmetto Ave) SW 4 X 6 24
1092 28 8261 Palmetto Ave SW 4 X 2.5 10
1093 28 8261 Palmetto Ave SW 4 X 12 48
1094 28 8253 Palmetto Ave SW 4 X 6.5 26
1095 28 8447 Tamarind Ave SW 4 X 18 72
1096 28 8431 Tamarind Ave SW 4 X 23.25 93
1097 28 8431 Tamarind Ave SW 4 X 7.75 31
1098 28 8431 Tamarind Ave SW 4 X 5 20
1099 28 8295 Tamarind Ave SW 4 X 8.5 34
1100 28 17515 Upland Ave (on
Tamarind Ave) SW 4 X 10.75 43
1101 28 8245 Tamarind Ave SW 4 X 27 108
1102 28 17515 Ivy Ave (on
Tamarind Ave) SW 4 X 9.5 38
1103 28 8431 Tamarind Ave SW 4 X 6 24
1104 28 17509 Foothill Blvd
(on Tamarind Ave) SW 6.5 X 11 71.5
1105 28 8736 Bayberry Ct SW 4 X 15 60
1106 28 8736 Bayberry Ct SW 4 X 12.5 50
1107 28 8766 Boxwood Ct SW 4 X 8.75 35
1108 28 8736 Boxwood Ct SW 4 X 9.5 38
1109 28 17688 Ceres Ave (on
Alder Ave) SW 4 X 17.25 70
1110 28 8784 Alder Ave SW 4 X 8.5 34
1111 28 8562 Palmetto Ave SW 5 X 10 50
SUBTOTAL 0 0 0 0 22.5 7169 647 0
Description of Drive "A" Curb "A" Curb C/G C/G S/W S/W ADA Improvement Way 8" 6" 6" 8" 4" 6" Ramp
TOTAL 0 0 0 7 79 60979 3019 1
Map
Grid
Address Cross Street Measurement
68 Rialto
Municipal
Airport
San Bernardino
National Forest
Jurupa Hills
Regional Park
Glen Helen
Regional Park
Riverside
Basin
San Sevaine
Channel
Lytle
Creek Wash
San Sevaine
Flood CTRL
Basin
Day Creek
San Sevaine
Channel
Lytle
Creek Wash
Stream
S
tre
a
m
S
trea m
Stream
S
tre
a m
Stream
Stream
S
a
n
S
e
v
a
in
e
C
h
a
n
n
e
l
L y t l e
C
r e e k
W
a s h
F l o o d C o n t r o l C h a n n e l
S
t r e a m
H
a
w
k
e
r
C
ra
w
fo
rd
C
h
a
n
n
e
l
S
tre
a
m
Stream
Stream
Stream
S t r e a m
E a s t E t i w a n d a
C
r e e k
D a y
C
re
e
k
Stream
D
a
y
C
re
e
k
D
a
y
C
re
e
k
E a
s t E
tiw
a
n
d
a
C
re
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k
Up Railroad
Union Pacific Railroad
SP Railroad
At and SF Railroad
1 432
765
1098
15141311 12
22212019181716
29282726252423
36353433323130
4241403937
484746454443
55545352515049
38 Distress Analysis
city of

C A L I F O R N I A
by Distress Type
Sidewalk and Ramp Distresses
IMS Infrastructure Management Services 2023 FONTANA, CA | Sidewalk and Ramp Distresses 2023 0 0.5 1 1.5 20.25
Miles
Legend
Ramp Distress TypesSidewalk Distress Types
Severe Fault
Severe Sag/Heave
Severe Shattered
Severe Fault
Severe Sag/Heave
Severe Shattered
Ramps Sidewalks
Assets
69 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3507 Agenda Date: 2/11/2025
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Sale of Surplus Property Located Along the South Side of Duncan Canyon Road and East of Sierra Avenue
RECOMMENDATION:

1. Approve a Purchase & Sale Agreement between the City of Fontana and LPC Fontana North, LP for the sale of 363 square feet of City-owned Right-of-Way on the south side of Duncan Canyon Road, located east of Sierra Avenue.

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

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

DISCUSSION:

This staff report pertains to 363 square feet of City-owned land on the south side of Duncan Canyon Road, located east of Sierra Avenue. The land includes two separate pieces of land, as shown on Exhibits A1 and A2 of the previously approved Resolution No. 2024-113 (Declaration of Surplus Land). The first area contains 252 square feet, and the second area contains 111 square feet. The two pieces of land are adjacent to Assessor Parcel Number 1118-031-05 and make up the remnant portion of a parcel that was previously dedicated in fee to the City for road purposes. The City no longer needs these two pieces of land for street or highway purposes and they have already been declared surplus exempt per approved Resolution No 2024-113. The Developer previously made an unsolicited offer to purchase this currently vacant and undeveloped exempt surplus property for $1,000.00 based on an Opinion of Value attached to this report.

Per Resolution No. 2024-113, staff have determined that the designation of the two pieces of land as exempt surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of the Resolution did not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT:

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70 File #: 21-3507 Agenda Date: 2/11/2025
Agenda #: D. Category: Consent Calendar
The sale of this property will generate $1,000.00 in revenue to the City of Fontana.

MOTION:

Approve staff recommendation.

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City of Fontana, California

Vicinity Map
Not to Scale

Loca�on Map
83 February 2, 2024

Travis Almgren
City of Fontana
Delivered via email only

RE: Opinion of Value

Dear Travis:

This letter shall serve as my Opinion of Value for the two parcels attached herewith. It is my opinion that the value of these two parcels is an aggregate of one thousand dollars ($1,000) based on their size (252 square feet and 111 square feet, respectively), shape (narrow slivers), location (constrained between a future public right-of-way and a significantly larger, to be developed parcel) and total lack of potential for any other use.

Please call me with any questions.

Sincerely,
Newmark

Randy Lockhart
Vice Chairman
CA RE License #000974981

Randy Lockhart
Vice Chairman
3281 E. Guasti Road, Ste 370
Ontario, CA 91761
T 909.974.4067
nmrk.com

84 NO. 9123
85 NO. 9123
86 NO. 9123
87 NO. 9123
88 89
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101
102
103
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3518 Agenda Date: 2/11/2025
Agenda #: E. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2024 Edward Bryne Memorial Justice Assistance Grant (JAG) RECOMMENDATION:

1. Accept the 2024 JAG Grant #14268600 in the amount of $45,317.

2. Authorize City Manager or his designee to sign all related grant documents including extensions or modifications for the grant, and expend funds as outlined in the grant agreement.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Practice sound fiscal management by pursing grant opportunities.

DISCUSSION:

The 2024 JAG has awarded the Fontana Police Department a grant in the amount of $45,317.

Funds will be used to purchase specialized threat plates to be used by the Police Department’s SWAT Unit. Due to available supplies and time constraints, if items are unavailable, funds will be reallocated to other identified priority law enforcement equipment.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $45,317 and is not included in the current 2024-25 budget. Budget adjustments to increase revenues and expenditures in the amount of $45,317 in grant fund #301, Project #40300011-301-A will be included in the 2nd Quarter Budget Status Report.

MOTION:

Approve staff recommendation
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104
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance

Washington, D.C. 20531

Name and Address of Recipient:                CITY OF FONTANA 8353 SIERRA AVE

City, State and Zip: FONTANA, CA 92335

Recipient UEI: WLF8LH1TH3P8
Project Title: Special Threat Plates to Protect
SWAT Team  Award Number: 15PBJA-24-GG-05059-JAGX
Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $45,317.00   Federal Award Date: 12/4/24 Awarding Agency:   Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: O
Assistance Listing:

16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/23  Project Period End Date: 9/30/27 Budget Period Start Date: 10/1/23  Budget Period End Date: 9/30/27 Project Description:

The Fontana Police Department would like to purchase rifle-rated body armor plates to provide all SWAT personnel with enhanced protection. Designed to resist both handgun and rifle fire, this armor will ensure the safety of each team member. Equipping every officer with new armor not only improves their safety but also ensures they are using up-to- date equipment, as all body armor has an expiration date.

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105
Award Letter
December 4, 2024
Dear Matthew Ballantyne,

On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by  CITY OF FONTANA  for an award under the funding opportunity entitled 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $45,317.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

Brent J. Cohen
Acting Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).

Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws.  Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.

Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex.  Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.

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OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.

Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints.  In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria.  These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.

For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach.  If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.govor www.ojp.gov/program/civil-rights-office/about#ocr-contacts.

Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant.? The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html.

NEPA Coordinator
First Name
Orbin
Middle Name
no value
Last Name
Terry
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

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Recipient Information
Recipient Name

CITY OF FONTANA
UEI
WLF8LH1TH3P8
Street 1
8353 SIERRA AVE Street 2
City

FONTANA
State/U.S. Territory
California
Zip/Postal Code
92335
Country
United States
County/Parish
no value
Province
no value
Award Details
Federal Award Date
12/4/24
Award Type
Initial
Award Number
15PBJA-24-GG-05059-JAGX
Supplement Number
00 Federal Award Amount
$45,317.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title

16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). [X] I have read and understand the information presented in this section of the Federal Award Instrument.

Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title
2024 BJA FY 24 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program - Local Solicitation
Awarding Agency
OJP
Program Office
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Application Number
GRANT14268600
BJA
Grant Manager
Issa Legall
Phone Number
202-679-1274
E-mail Address
[email protected]
Project Title
Special Threat Plates to Protect SWAT Team
Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2027
Budget Period Start Date
10/01/2023
Budget Period End Date
09/30/2027
Project Description
The Fontana Police Department would like to purchase rifle-rated body armor plates to provide all SWAT personnel with enhanced protection. Designed to resist both handgun and rifle fire, this armor will ensure the safety of each team member. Equipping every officer with new armor not only improves their safety but also ensures they are using up-to- date equipment, as all body armor has an expiration date. [X] I have read and understand the information presented in this section of the Federal Award Instrument.

Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [X] I have read and understand the information presented in this section of the Federal Award Instrument.

Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Condition 1
Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https:// www.federalregister.gov/d/02-15207) and is incorporated by reference here.

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Condition 2
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Condition 3
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.

Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.

Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faith-based organization that participates a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.

Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations.

In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp.gov/ funding/explore/legaloverview2024/civilrightsrequirements.

Condition 4
Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:

Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

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incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

Condition 5
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

Condition 6
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

Condition 7
Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

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Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

Condition 8
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

Condition 9
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

Condition 10
Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

Condition 11
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

Condition 12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.

Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

Condition 13
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal Page: 8 of 23
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statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

Condition 14
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

Condition 15
Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
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For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at E- [email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Condition 16
Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

Condition 17
Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

Condition 18
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal Page: 10 of 23
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department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

Condition 19
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.

Condition 20
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

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(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

Condition 21
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

Condition 22
Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

Condition 23
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Condition 24
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" Page: 12 of 23
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of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

Condition 25
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list.

Condition 26
Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

Condition 27
Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first- tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

Condition 28
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:

Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.

Condition 29
Restrictions on "lobbying"
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In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Condition 30
All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

Condition 31
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

Condition 32
The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

Condition 33
Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD.

Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management.

Condition 34
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FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

Condition 35
Body-worn cameras, policies and procedures
In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras or related expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline.

Condition 36
Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

Condition 37
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.

Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

Condition 38
Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.

Condition 39
Any Web site that is funded in whole or in part under this award must include the following statement on the home Page: 15 of 23
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page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

Condition 40
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

Condition 41
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.

Condition 42
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

Condition 43
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

Condition 44
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.

Condition 45
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.

Condition 46
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Page: 16 of 23
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Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition.

The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

Condition 47
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

Condition 48
In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.

Condition 49
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

Condition 50
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

Condition 51
Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.

Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the Page: 17 of 23
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award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

Condition 52
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

Condition 53
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

Condition 54
Required data on law enforcement agency training
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Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public.

Condition 55
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.

Condition 56
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).

Condition 57
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA.

Condition 58
Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

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Condition 59
Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.

Condition 60
Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

Condition 61
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.

Condition 62
Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award.

Condition 63
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.

Condition 64
Initial period of performance; requests for extension.

The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award.

Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA.

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Condition 65
Withholding of funds for Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.

Condition 66
Withholding of Funds for Body Armor Certification
The recipient may not expend or draw down any award funds until the recipient submits, and OJP has reviewed, the required certification regarding body armor, and an Award Condition Modification has been issued to remove this condition.
[X] I have read and understand the information presented in this section of the Federal Award Instrument.

Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A.    Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B.    Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted  in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C.    Accept this award on behalf of the applicant.

D.    Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant:  (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Agency Approval
Title of Approving Official
Acting Assistant Attorney General
Name of Approving Official
Brent J. Cohen
Signed Date And Time
12/1/24 7:16 PM
Authorized Representative
[X]
Entity Acceptance
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Title of Authorized Entity Official
City Manager
Name of Authorized Entity Official
Matthew Ballantyne
Signed Date And Time
1/14/2025 6:12 PM

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From: [email protected]
To: Robert Torres; Matthew C. Ballantyne; Leona Kwan
Subject: DOJ Justice Grants System - Award Number 15PBJA-24-GG-05059-JAGX Notification Date: Wednesday, December 4, 2024 6:05:10 PM
Attachments: ..datacontentImagerteImagesjustgrants_seal_final_43A942_F2F3F41591889687873.png

CAUTION - EXTERNAL SENDER - THIS EMAIL ORIGINATED OUTSIDE OF THE CITY'S EMAIL SYSTEM Do not click links or open attachments unless you recognize the sender and know the content is safe.

Congratulations! Application GRANT14268600 submitted under the 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation has been selected for an award. Please log into Justice Grants System (JustGrants) at https://justgrants.usdoj.gov to see award details.

For assistance logging into JustGrants, contact [email protected] or 833-872-5175.

Prior to the Authorized Representative accepting the award, the Entity Administrator needs to assign a Financial Manager (responsible for submitting the Federal Financial Form), a Grant Award Administrator (responsible for submitting Grant Award Modifications, Performance Reports and Closeouts) and an Alternate Grant Award Administrator (responsible for submitting Grant Award Modifications) to the award.

To be eligible for payment, follow the Automated Standard Application for Payments (ASAP) recipient enrollment and login guidance at the JustGrants Website www.justicegrants.usdoj.gov. Please do not reply to this message. You can contact your grant manager Issa Legall at 202-679-1274 and [email protected]
For more information go to www.justicegrants.usdoj.gov
JustGrants is operated under the U.S. Department of Justice 128
129
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3522 Agenda Date: 2/11/2025
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Jurupa Avenue Pavement Rehabilitation Project, from Hemlock Avenue to Sierra Avenue
RECOMMENDATION:

Accept as complete the work performed by Matich Corporation for the Jurupa Avenue Pavement Rehabilitation Project (PN37600055).

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

DISCUSSION:

On February 27, 2024, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (Matich Corporation) in the amount of $2,016,716.00 with a 10% contingency in the amount of $201,671.60 for the Jurupa Avenue Pavement Rehabilitation Project (PN37600055). The proposed improvements for the Jurupa Avenue Pavement Rehabilitation Project consisted of the mill and overlay of existing asphalt pavement and upgrading existing curb ramps to meet ADA compliance. The improvements will ultimately prolong the life of the streets within the project limits.

Matich Corporation completed the project on December 3, 2024. The project was successfully completed for the final amount of $2,058,134.70, an increase of 2.05% from the original contract amount of $2,016,716.00 and $160,252.90 under the total authorized budget. All work has been completed to the satisfaction of the City of Fontana.

FISCAL IMPACT:

As part of the action to accept the construction of the Jurupa Avenue Pavement Rehabilitation Project as complete, the City will take over the operation and maintenance of this public infrastructure.

Appropriate funding for the maintenance work is included in the FY 2024-25 revised budget under the Public Works Department, Utilities and Streets Division.

MOTION:

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File #: 21-3522 Agenda Date: 2/11/2025
Agenda #: F. Category: Consent Calendar
Approve staff recommendation.

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INDEX MAP

VICINITY MAP
SHEET INDEX:

NO.DATE123456

REVISIONS
DRAWN BY:DESIGNED BY:CHECKED BY:

DATEDATEDATET.R.T.R.

NOV -2023B.C. CITY OF FONTANA, CALIFORNIA
NOV -2023NOV -2023
B.C.T.R.T.R.

PROJECT LOCATION
SHEET 3
SHEET 4
SHEET 5
SHEET 6
SHEET 7
SHEET 8
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0011 Agenda Date: 2/11/2025
Agenda #: G. Category: Consent Calendar
FROM:

Innovation & Technology
SUBJECT:

Artificial Intelligence Policy
RECOMMENDATION:

Adopt Resolution No. 2025-009 creating the City of Fontana Artificial Intelligence Policy COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.

DISCUSSION:

The City of Fontana recognizes that Artificial Intelligence is a fast moving and impactful technology.

The purpose of this Artificial Intelligence (AI) Policy is to establish guidelines, principles, and standards for the responsible development, deployment, purchase, and use of AI technologies by staff and public officials of the City of Fontana. This policy aims to ensure adherence to ethical considerations and standards, transparency, and accountability in all AI-related activities, while promoting innovation and mitigating potential risks.

The City is committed to utilizing Artificial Intelligence (AI) technologies responsibly and ethically to improve processes, enhance services to City residents, and support employees to do their best work.

FISCAL IMPACT:

None
MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-009

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA , CALIFORNIA AMENDING ADMINISTRATIVE POLICY SECTION 70 -03, CREATING AN ARTIFICIAL INTELLIGENCE POLICY.

WHEREAS, the City Council of the City of Fontana has adopted Administrative policies which detail the Rules and Regulations under which the City operates; and WHEREAS, the Administrative Policies are periodically updated to reflect organizational needs; and
WHEREAS, the City of Fontana recognizes that Artificial Int elligence is a fast moving and impactful technology. The purpose of this Artificial Intelligence (AI) Policy is to establish guidelines, principles, and standards for the responsible development, deployment, purchase, and use of AI technologies by staff and public officials of the City of Fontana.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, does hereby amend Administrative Policy Section 70-03, Artificial Intelligence Policy.

Section 1. Recitals. The above recitals are true, c orrect and by this reference incorporated herein.

Section 2. Findings/ Approvals. City Council hereby adopts the Artificial Intelligence Policy attached hereto as “Exhibit A ” and incorporated herein by this reference.”
Section 3. Effective Date. This Resolution shall become effective following adoption by the City Council.

Section 4. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resoluti on irrespective of the invalidity of any particular portion of this Resolution.

Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

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

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APPROVED AND ADOPTED this 11th day of February 2025.

READ AND APPROVED AS TO LEGAL FORM:

______________________________
City Attorney

I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council of the City of Fontana, hereby certify that the foregoing Resolution is the actual resolution that was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting on the 11th day of February, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
City Clerk of the City of Fontana

_______________________________
Mayor of the City of Fontana

ATTEST:

_______________________________
City Clerk
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File in City Administrative Manual Distribution: All Employees

City of Fontana

POLICY AND PROCEDURES

Subject:

Artificial Intelligence Page
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Section
70-
Effective Date
02-11-2025
Issued Date
02-11-2025

Resolution Number: 20XX-

Approval Date:

I. PURPOSE
The purpose of this Artificial Intelligence (AI) Policy is to establish guidelines, principles, and standards for the responsible development, deployment, purchase, and use of AI technologies by staff and public officials of the City of Fontana. This policy aims to ensure adherence to ethical considerations and standards, transparency, and accountability in all AI-related activities, while promoting innovation and mitigating potential risks.

II. GENERAL POLICY
The City of Fontana is committed to harnessing the benefits of AI while upholding fundamental ethical principles. This policy encompasses ethical guidelines, regulatory compliance, data privacy, transparency, security, and the protection of sensitive data in the context of AI technologies.

III. SCOPE
This policy applies to all AI-related activities conducted by City of Fontana staff, elected officials, consultants, contractors, and volunteers. This policy includes but is not limited to AI research and development, deployment and use of AI technology, AI systems, data handling for AI purposes, and collaborations with external entities involving AI technologies.

IV. POLICY
A. Ethical Guidelines
a. The City of Fontana will prioritize ethical considerations in the design and use of AI, ensuring fairness, transparency, accountability, and non-discrimination. b. AI technologies and use cases will be vetted by the Innovation and Technology department to identify and address bias in algorithms and decision-making processes.

B. Data Privacy
a. The City of Fontana will comply with applicable law related to individuals’ privacy rights in the collection, processing, and storage of data by AI systems. b. The City of Fontana will ensure that privacy is preserved in all AI systems by safeguarding personally identifiable information (PII) and sensitive data from unauthorized access, disclosure, and manipulation.
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Subject:

Artificial Intelligence Page
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Section
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Effective Date
02-11-2025
Issued Date
02-11-2025

Resolution Number: 20xxx

Approval Date:

New Policy Distribution: All Employees
File in City Administrative Manual

c. Use of AI technologies will comply with all data privacy and security standards such as Health Insurance Portability and Accountability Act (HIPAA), Criminal Justice Information Systems (CJIS), Internal Revenue Service (IRS), and the California Consumer Privacy Act (CCPA) to protect Personally Identifiable Information (PII), Protected Health Information (PHI), or any sensitive data in generative AI prompts.

C. Transparency
a. The City of Fontana will ensure transparency in AI systems by notifying the public of its use of AI technology to enhance City operations.

D. Security
a. The City of Fontana will implement measures to address cybersecurity concerns associated with AI technologies.
b. The City of Fontana will put into place safeguards to protect AI systems from malicious use and external attacks.

E. Accountability:
a. Employees will report the use of AI-technology to the Innovation and Technology department and will create an account for use of AI in their role at the City.

Employees are solely responsible for ensuring the quality, accuracy, and regulatory compliance of all AI generated content utilized in the scope of employment. b. All AI generated content must cite the source and or provide a disclaimer acknowledging the use of AI technology.
c. The Innovation and Technology department is required to monitor and evaluate all AI products before they are used in the City to ensure they are meeting security and risk management criteria.

V. PROHIBITED USE

A. Unauthorized Access: Do not use AI tools to access data or systems you are not authorized to use.

B. Personally Identifiable Information: Do not enter personally identifiable information (PII) into open and public AI systems.

C. Unlawful Activities: AI tools must not be used for any illegal, harmful, or malicious activities. This includes activities that pe rpetuate unlawful bias, automate unlawful discrimination, and produce other harmful outcomes.
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POLICY AND PROCEDURES

Subject:

Artificial Intelligence Page
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Section
70-x

Effective Date
02-11-2025
Issued Date
02-11-2025

Resolution Number: 20xxx

Approval Date:

New Policy Distribution: All Employees
File in City Administrative Manual

D. Data Entry: Do not enter internal, sensitive, or restricted data into any generative AI tool or service . No AI tool currently meets the City’s security, privacy, and compliance standards for handling anything besides public data.

IV. ENFORCEMENT

This AI policy will be enforced by the Innovation and Technology Department and, where necessary, Human Resources and /or the City Manager. Violations of this policy may result in disciplinary action, including but not limited to retraining, suspension, or termination, depending on the severity and nature of the violation.

VII. DEFINITIONS

Terms Definitions
Artificial Intelligence or AI A machine-based system that can, for a given set of human-defined objectives, make predictions,
recommendations, or decisions influencing real or
virtual environments. Artificial intelligence systems
use machine- and human-based inputs to perceive
real and virtual environments; abstract such
perceptions into models through analysis in an
automated manner; and use model inference to
formulate options for information or action. AI
includes the following:

1. Any artificial system that performs tasks under
varying and unpredictable circumstances without
significant human oversight, or that can learn from
experience and improve performance when exposed
to data sets.

2. An artificial system developed in computer
software, physical hardware, or other context that
solves tasks requiring human-like perception,
cognition, planning, learning, communication, or
physical action.

3. An artificial system designed to think or act like a human, including cognitive architectures and neural
networks.

4. A set of techniques, including machine learning,
that is designed to approximate a cognitive task.
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Issued Date
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Resolution Number: 20xxx

Approval Date:

New Policy Distribution: All Employees
File in City Administrative Manual

5. An artificial system designed to act rationally,
including an intelligent software agent or embodied
robot that achieves goals using perception, planning,
reasoning, learning, communicating, decision
making, and acting.

Algorithm A series of logical steps through which an agent (typically a computer or software program) turns
particular inputs into particular outputs.

AI system Any system, software, sensor, or process that automatically generates outputs including, but not
limited to, predictions, recommendations, or
decisions that augment or replace human decision-
making. This extends to software, hardware,
algorithms, and data generated by these systems,
used to automate large-scale processes or analyze
large data sets.

PII Personally identifiable information (PII) is
information that, when used alone or with other
relevant data, can identify an individual. PII data is
considered sensitive data.

Open AI vs Closed AI Open AI refers to models that are available to the public, including their use, and the architecture for
development.

Closed AI refers to models that are only accessible
by our organization.

For the purposes of generative AI, the IT department
considers all models to be open and unsecured.

Sensitive Data Information protected against unwarranted disclosure. Sensitive data involves a wide range of
compliance categories including but not limited to:
 Health Insurance Portability and
Accountability Act (HIPAA)
 Criminal Justice Information Systems (CJIS)
 Internal Revenue Service (IRS)
 California Consumer Privacy Act (CCPA)
 Personally Identifiable Information (PII)
 Protected Health Information (PHI)

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0026 Agenda Date: 2/11/2025
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve the Stipulation for Final Judgement in the Acquisition of Property from Southern California Edison for the Etiwanda Avenue at Slover Avenue Intersection Widening Project RECOMMENDATION:

1. Approve and authorize the City Manager to execute the Stipulation for Final Judgement issued by the Superior Court of the State of California, County of San Bernardino, Central District.

2. Authorize the payment of $471,500 to Southern California Edison for the acquisition of property for the Etiwanda Avenue at Slover Avenue Intersection Widening Project.

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

DISCUSSION:

The Etiwanda Avenue at Slover Avenue Intersection Widening Project will widen Etiwanda Avenue from approximately 960 feet south of Slover Avenue to approximately 730 feet north of Slover Avenue. Slover Avenue and Airport Drive will also be widened to accommodate additional turning lanes at the intersection. This is a cooperative project with the City of Ontario in which the City of Fontana is the lead agency for right of way acquisition, design, and construction.

On January 28, 2020, in a closed session, the City Council approved an appraised amount of $443,000.00 for the acquisition of property from Southern California Edison (SCE) for the Etiwanda Avenue at Slover Avenue Intersection Widening Project. An offer in the amount of $443,000.00 was made to SCE but an agreement was not reached. On May 26, 2020, the City Council approved a Resolution of Necessity (RON) for the acquisition of property from SCE through eminent domain. On May 18, 2021, an order for Prejudgment Possession of the SCE property was granted by the Superior Court of the State of California, County of San Bernardino and a deposit was made to the City of Fontana Printed on 2/5/2025Page 1 of 2
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Agenda #: H. Category: Consent Calendar
Court in the amount of $443,000.00 while settlement negotiations continued.

A Stipulation for Final Judgement has been issued outlining the agreement between the City and SCE for the acquisition of the subject property. The Judgement identifies the final compensation amount of $471,000.00 for the purchase of the property acquisition which will be paid to SCE within 30 days after the Court’s entry of the fully executed Stipulated Judgment. The Sum of $443,000.00 deposited to the court will be refunded to the City once payment is made to SCE.

FISCAL IMPACT:

The funding for this project is included in the FY 2024-25 Capital Improvement Program Budget in Project 37603350 from the Measure I Arterial Fund 245 and the matching Circulation Mitigation Fund 630.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 2/5/2025Page 2 of 2
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N01 inch = 600 feet1200600
PROJECT LOCATIONETIWANDA AVENUE AT SLOVER AVENUE/AIRPORT DRIVESCE UNDERGROUNDING PROJECT SB-02-DE-22

INTERSECTION WIDENING PROJECT
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1 STIPULATION FOR FINAL JUDGMENT AS16270.0871587 4890-0847-5642v1

FROST BROWN TODD LLP LOS ANGELES
JEFFREY RENZI, State Bar No. 211963 BRIDGET JOHNSEN, State Bar No. 210778 2244 Walnut Grove Avenue, 3rd Floor Rosemead, CA 91770 Tel: (626) 302-8537 Fax: (626) 302-6997 KEITH E. MCCULLOUGH (CA Bar No. 142519) [email protected] ANDREW M. JONES (CA Bar No. 245118) [email protected] FROST BROWN TODD LLP 633 W. Fifth Street, Suite 900 Los Angeles, CA 90071 Tel: (213) 229-2400 Fax: (213) 229-2499 Attorneys for Defendant SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO, CENTRAL DISTRICT
CITY OF FONTANA, a municipal corporation, Plaintiff, v. SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation; COUNTY OF SAN BERNARDINO, a body corporate and politic, of the State of California KAISER STEEL CORPORATION, a corporation of the State of Nevada; UNION CARBIDE CORPORATION. a corporation; DOES l-50, inclusive; and ALL PERSONS UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY, Defendants.

CASE NO.: CIVSB2026789 Assigned to: HON. DAVID E. DRISCOLL Department S22 STIPULATION FOR FINAL JUDGMENT Assessor Parcel Nos. 0238-062-33, 0238-091-15 & 0238-091-16 Action Filed: November 30, 2020

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FROST BROWN TODD LLP LOS ANGELES
Plaintiff,CITYOFFONTANA(“FONTANA”),andDefendant,SOUTHERN CALIFORNIAEDISONCOMPANY(collectively“EDISON”),agreeandstipulateasfollows:

1. FONTANA is and was authorized and entitled to exercise the power of eminent domain pursuant to Article I, Section 19 of the California Constitution, Code of Civil Procedure §§ 1240.010, 1240.020 and 1240.030, and a CityofFontana’sResolution of Necessity 2020-038 passed May 26, 2020.
2 The use for which FONTANA seeks to condemn and acquire the Subject Property is for a public use, to wit: street widening and related public infrastructure improvements to Etiwanda Avenue at Slover Avenue/ Airport Avenue for the Etiwanda Avenue at Slover Avenue Intersection WideningProjectintheCitiesofFontanaandOntario,California(the“Project”).

3. The public interest and necessity require the Project; the Project is and was planned and located in the manner that will be most compatible with the greatest good and least private injury; and the property interests (Subject Property) being acquired are necessary for the Project.

I. REVISED EXHIBITS WILL BE ATTACHED TO PROPOSED JUDGMENT

4. FONTANA and EDISON have agreed to revise the exhibits to the Complaint in Eminent Domain which govern the scope of rights being acquired by FONTANA in this action.

5. A copy of the revised rights is attached to the proposed judgment and will be attached to the proposed final order of condemnation.

II. RESOLUTION OF ALL DEFENDANT INTERESTS IN THE PROCEEDING

6. FONTANA named EDISON, COUNTY OF SAN BERNARDINO, KAISER STEEL CORPORATION, UNION CARBIDE CORPORATION and All Person Unknown claiming an Interest in the Property Condemned and Does 1-100. Defendant LINDE, Inc. also answered pursuant to Code of Civil Procedure Section 1250.230. The interests of EDISON will be resolved through means of this Stipulation for Judgment, the Stipulated Judgment, and subsequent Final Order of Condemnation. As to all other defendants: Defendant COUNTY OF SAN BERNARDINO filed a disclaimer on or about February 16, 2021 and is entitled to no compensation in this matter. Defendants UNION CARBIDE CORPORATION and LINDE, INC. filed a disclaimer on or about April 11, 2023 and are entitled to no compensation in this matter. Kaiser 144
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Steel was defaulted on or about August 12, 2021 and is entitled to no compensation in this matter.

All Persons and the Doe Defendants will be dismissed concurrently with the filing of this stipulation.

7. FONTANA and EDISON are aware of no other persons or entities besides EDISON which have any legal or equitable claim to any of the proceeds of this proceeding in eminent domain.

III. RESOLUTION OF ALL COMPENSATION AND CLAIMS

8. FONTANA AND EDISON agree that FOUR HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED DOLLARS ($471,500) is the full and complete just compensation to be paid for all of the Subject Property acquired and for all of the claims asserted or capable of being asserted in this proceeding (“Just Compensation”), and thatEDISON is the only persons or entities entitled to payment of the Just Compensation contained herein.

9. WithinThirty(30)daysaftertheCourt’sentryoftheStipulatedJudgment,FONTANA shall pay to EDISON the sum of $471,500 and the payment shall be made by check made out to “SouthernCaliforniaEdisonCompany”andaddressedto:AndrewM.Jones,FrostBrownTodd,633 W. Fifth Street, Suite 900, Los Angeles, CA, 90071.

10. On or about June 23, 2020, FONTANA deposited the sum of $443,000 with the State of California Condemnation Deposits Fund. Upon payment of the judgment as set forth in paragraph 19, the State of California Condemnation Deposits Fund is order to return the deposit to City of Fontana, care of Greg Snarr, Best Best & Kreiger, 3390 University Avenue, 5th Floor, Riverside, CA 92501.

11. FONTANA and EDISON agree that the Court shall enter its Stipulated Judgment in Condemnation consistent with the terms of this Stipulation and in the form as attached hereto as Exhibit A. Upon entry of the Stipulated Judgment in Condemnation FONTANA AND EDISON hereby waive the right to trial by court or jury, statement of decision, notice of entry of judgment, notice of entry of final order of condemnation, and any and all right to appeal as to any and all issues related to FONTANA’stakingoftheSubject Property including the right to appeal a final order of condemnation.
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12. Upon payment of the Just Compensation as addressed hereinabove, FONTANA shall be entitled to apply ex parte forthe Court’sissuanceofaFinalOrderofCondemnationintheform as attached hereto as Exhibit 3, the recordation of which shall act to transfer to FONTANA the property interests in EDISON’Sproperty being acquired in this proceeding.

13. FONTANA’s payment of the Just Compensation is hereby accepted byEDISON, its owners, partners, members, shareholders, interest holders, affiliates, heirs, executors, administrators, predecessors, successors and assigns, as full and complete payment for all claims asserted, or that could have been asserted, by EDISON related to just compensation for the taking of the Subject Property being acquired herein, and for any and all claims for compensation, costs or damages resulting therefrom, including but not limited to, loss of business goodwill, improvements pertaining to the realty, personal property, damages to furniture, fixtures or equipment, relocation assistance, compensation for the fair market value of the real property taken, lost profits, lost rents, damage to improvements, severance damages, precondemnation damages, attorneys fees, interest and/or accrued interest, litigation expenses, costs of any kind, and any and all other kinds of compensation, damages or other claims arising out of or relating in any way to the taking of the Subject Property and the implementation of FONTANA’sPROJECTin the manner proposed by FONTANA.

14. This Stipulation may be enforced by FONTANA and/or EDISON by a motion pursuant to Code of Civil Procedure section 664.6 or by any procedure permitted by law in the Superior Court of San Bernadino County.

15. Pursuant to Evidence Code section 1123, this Stipulation may be used in any subsequent proceedings to prove the terms of the settlement.

16. Counsel for each of the parties to this Stipulation for Judgment represents that counsel has fully explained to his or her respective clients the legal effect of this Stipulation for Judgment and the Stipulated Judgment, and that the settlement and compromise stated herein is final and conclusive forthwith, subject to the conditions stated herein, and each attorney represents that his or her respective clients have freely consented to and authorized this Stipulation for Judgment. Each party acknowledges that it understands the legal effect of this Stipulation for Judgment and the Stipulated Judgment, and that the settlement and compromise stated herein is 146
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5 STIPULATION FOR FINAL JUDGMENT
AS16270.0871587 4890-0847-5642v1

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final and conclusive forthwith, subject to the conditions stated herein. Each party acknowledges that it has freely consented to this Stipulation for Judgment. Each signatory represents that he or she is authorized to bind the person or entity upon whose behalf he or she is signing.

IT IS SO AGREED AND STIPULATED:

DATED: ____________, 2024 S OUTHERN CALIFORNIA EDISON COMPANY

By:______________________________
Belynda Reck, Assistant General Counsel

SOUTHERN CALIFORNIA EDISON

COMPANY

DATED: ____________, 2024 CITY OF FONTANA

By:______________________________

APPROVED AS TO FORM:

DATED: 2024 FROST BROWN TODD, LLP

By:______________________________
KEITH E. MCCULLOUGH
ANDREW M. JONES
Attorneys for Defendant

SOUTHERN CALIFORNIA EDISON

COMPANY

DATED: ______________, 2024 BEST, BEST & KREIGER

By:______________________________

GREGORY SNARR
Attorneys for Plaintiff

CITY OF FONTANA

11/18/2024
December 23
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[PROPOSED]

STIPULATED JUDGMENT
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1 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO, CENTRAL DISTRICT
CITY OF FONTANA, a municipal corporation, Plaintiff, v. SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation; COUNTY OF SAN BERNARDINO, a body corporate and politic, of the State of California KAISER STEEL CORPORATION, a corporation of the State of Nevada; UNION CARBIDE CORPORATION. a corporation; DOES l-50, inclusive; and ALL PERSONS UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY, Defendants.

CASE NO.: CIVSB2026789 Assigned to: HON. DAVID E. DRISCOLL Department S22 [PROPOSED] STIPULATED JUDGMENT IN CONDEMNATION Assessor Parcel Nos. 0238-062-33, 0238-091-15 & 0238-091-16 Action Filed: November 30, 2020

Plaintiff City of Fontana (“Fontana”)anddefendantSouthernCaliforniaEdisonCompany,a Californiapublicutilitycorporation(“SCE”)(collectively,the“Parties”),havingexecuteda Stipulation for Entry of Final JudgmentinCondemnation(“Stipulation”);having requested the Court to enter a Final JudgmentinCondemnation(“Final Judgment”)consistentwiththeStipulation;and having waived a Statement of Decision, Notice of Entry of Judgment, costs and fees, and the right to appeal from judgment after entry:
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2 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. The Fontana’s Action to Acquire the Property.

A. Fontana commenced the above-entitled action in eminent domain to acquire: (i) four permanent roadway easements in favor of Fontana to allow Fontana to complete road improvements, and (ii) a temporary construction easement to support construction activities. The acquisitions are for public infrastructure improvements to Etiwanda Avenue at Slover Avenue/Airport Avenue for the Etiwanda Avenue at Slover Avenue Intersection Widening Project in the Cities of Fontana and Ontario in San Bernardino County, California and impact San Bernardino Assessors Parcels APN 0238-062- 33, 0238-091-15 & 0238-091-16. The acquisition areas shall be known as “the Property” and the propertiesshallbeknownasthe“SubjectProperty.”
B. The real property or interests in real property Fontana acquires by this Final Judgment, which have been defined as the Property, are further described in the attached Exhibit “1,” incorporated herein by this reference.

C. Fontana filed this action on or about November 30, 2020. SCE filed an Answer on or about March 12, 2021. The City of Fontana acquired Prejudgment Possession and the Court entered the order on or about May 18, 2021, which became effective on June 27, 2021.

2. Purpose and Authority of the Taking.

A. Fontana is a municipal corporation located in the State of California. Fontana does now have, and at all relevant times has had, authority to exercise the power of eminent domain for public uses to acquire real property pursuant to, inter alia, Article I, section 19 of the California Constitution; and Part 3, Title 7 of the California Code of Civil Procedure, including sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.310, 1240.320, 1240.110, 1240.410, 1240.420, 1240.510 and 1240.610.

B. The use for which Fontana seeks to condemn the Property is for street widening and related public infrastructure improvements to Etiwanda Avenue at Slover Avenue/ Airport Avenue for the Etiwanda Avenue at Slover Avenue Intersection Widening Project in the Cities of Fontana and 150
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3 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1 Ontario, California (the “Project”). The Project is for road improvement purposes, is and was authorized by law and is and was a public use; the public interest, safety and necessity require the Project; the Project is and was planned and located in the manner that will be the most compatible with the greatest public good and the least private injury; and the Property is necessary for the Project.

3. Terms of Judgment with Southern California Edison Company.

A. SCE is the fee owner of the Subject Property.

B. The Parties shall jointly use the Property pursuant to Code of Civil Procedure section 1240.510, or alternatively, section 1240.630. The Parties agree there will be no unreasonable interference with the facilities or improvements on the Subject Property of the other.

C. Fontana will be responsible for protecting SCE’s existing facilities and infrastructure in a manner required by law during the construction of the Project in the manner proposed. Fontana shall also, when excavating, locate SCE’s underground facilities within the take areas by providing notification to Southern California’s regional notification center (USA-Dig Alert) as required by Government Code section 4216, et seq.

D. In the event SCE is required by Fontana toremove,relocate,ormodifySCE’sfacilities or infrastructure constructed and maintained within the Property identified herein to facilitate public use, Fontana shall pay SCE the expenses thereof, on a completed cost basis. If Fontana requires the relocation of existing facilities or infrastructure to a location where SCE has no present property rights, Fontana shall provide SCE with such required new and/or additional property rights that are mutually agreeable and reasonably comparable with any property rights relinquished under this Stipulation, prior to such relocation. If temporary relocation of SCE’s facilities is required,Fontana shall make reasonable provisions in cooperation with SCE so that all users of it services who receive it through the line or lines being temporarily relocated continue to receive such services during the relocation period.

E. In consideration for the acquisition of the Property described herein, Fontana agrees to pay SCE full just compensation in the amount of $471,500 (Four Hundred Seventy-One Thousand Five Hundred and 00/100 Dollars) within 30 days of entry of this judgment. 151
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4 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1 Payment shall be madevia check/warrant payable to “Southern California Edison Company” and sent via Overnight Mail to:

Andrew M. Jones
Frost Brown Todd LLP
633 W. Fifth St., Ste. 900
Los Angeles, CA 90071

F. SCE agrees to accept the total of $471,500 as full payment for just compensation, labor costs and any damages and expenses related to Fontana’sacquisitionoftheProperty.Except as may be provided in this Stipulation, SCE agrees that it is not entitled to and expressly waives: (1) any further award or payment, and any portion of any award or payment for the taking of the Property; (2) any further damages resulting from the taking or acquisition, including, but not limited to, severance damages, loss of goodwill, loss of or damage to improvements pertaining to the realty, fixtures and equipment, and/or inventory; and (3) any claim for inverse condemnation, precondemnation damages, claimsforinterest,attorneys’fees,litigationexpenses,relocationbenefits and/or costs and any and all other kinds of compensation, damages, causes of action or other claims arising out of this action the condemnation by Fontana of the Property, reserving unto SCE as the right to seek damages, including inverse condemnation damages, or other available legal remedies for any unreasonable interference with the Subject Property or for any damage to the SCE facilities located therein, if any, arising from Fontana’s Project.

G. Eachpartyshallbearitsownattorney’sfees, costs,andlitigationexpenses.

4. Disposition of Other Defendants.

A. All remaining defendants with a potential interest in the Property have been dismissed, defaulted, or have disclaimed any interest in the compensation to be awarded for the Property.

Specifically:

B. All DOE Defendants and Defendants ALL PERSON UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY with be dismissed concurrently with the filing of the stipulation and proposed final judgment.

C. Defendant County of San Bernardino filed a disclaimer on or about February 2, 2021.

D. Defendant Kaiser Steel was defaulted on or about August 12, 2021 152
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5 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1 E. Defendants Union Carbide Corporation and Linde, Inc. filed a disclaimer on or about April 11, 2023.

5. Condemnation of the Property to Fontana and Final Order of Condemnation.

Upon entry of this Final Judgment, the Property located on San Bernardino Assessors Parcels APN 0238-062-33, 0238-091-15 & 0238-091-16, shall be condemned to the City of Fontana for the publicusesandpurposecomprisingtheProjectassetforthinExhibit“1.”

6. Entry of Final Judgment and Final Order.

Upon entry of this Final Judgment, and after payment by Fontana of the sum identified herein, the Court shall, on application of Fontana and without further notice to any party, make a Final Order of Condemnation. Fontana’sinterestssetforthinExhibit“1”shallvestinFontana on thedatethataFinalOrderofCondemnationisrecordedintheRecorder’sOfficeoftheCountyof San Bernardino, State of California. A copy of the Final Judgment shall be attached to the Final Order of Condemnation as an exhibit thereto.

DATED: ________________________, 2024 _________________________________

JUDGE OF THE SUPERIOR COURT

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EXHIBIT 1
[PROPERTY DESCRIPTION DOCUMENTS]
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RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY

2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATES SERVICES

S P A C E A B O V E T H I S L IN E F O R R E C O R D E R 'S U S E Location: City of Fontana DOCUMENTARY TRANSFER TAX $________________ Serial No. 73521A Service Order 802045396
A.P.N: 0238-062-33
V&LM FILE No.: GRT203921564
SCE Doc No.: 132686

COMPUTED ON FULL VALUE OF PROPERTY CONVEYED

OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SCE Company.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX Firm Name Approved
Vegetation & Land
Management

BY SF DATE 08/02/2024

GRANT OF

TEMPORARY CONSTRUCTION EASEMENT

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter referred to as “GRANTOR,” does hereby grant to CITY OF FONTANA, a municipal corporation, hereinafter referred to as “GRANTEE,” a temporary, non- exclusive easement for construction-related purposes (“Temporary Construction Easement”) in, over, and across those portions of real property located in the City of Fontana, County of San Bernardino, State of California, and more particularly identified as follows:

the real property legally described in the attached Exhibit A and depicted in the attached Exhibit B, as said Exhibits are incorporated herein by this reference (collectively, the “Easement Area”).

1. Use of the Easement Area. Use of the Easement Area, and exercise of the easement rights herein granted are limited to:
a. The right to transport personnel, trucks, cars, equipment and materials over, through and across all portions of the Easement Areas for purposes of the construction of GRANTEE’s Road improvements for the Etiwanda Avenue at Slover Avenue Intersection Widening Project (“Project”).
b. The right to store, maintain and operate on the Easement Area such equipment, tools, machinery, inventory, implements and other materials as are necessary or convenient in connection with the construction of the Project.

2. Term of Temporary Construction Easement. The Temporary Construction Easement shall continue for a period of eighteen (18) months. Construction within the Easement Area shall commence thirty (30) days from the date upon which Grantee provides Grantor with written notice of Grantee’s intent to commence utilization of the Temporary Construction Easement, and it shall terminate on the earliest of (a) the date upon which Grantee notifies Grantor that it no longer needs the Temporary Construction Easement, (b) eighteen (18) months from the commencement date of the Temporary Construction Easement, or (c) December 31, 2027 (“Expiration Date”) (the “Term”). Upon the expiration of the Term, all of the rights and benefits of GRANTEE in, to and under the Temporary Construction Easement shall automatically terminate and be of no further force and effect.

3. Removal of Materials Impeding the Easement. GRANTEE shall have the right to remove, trim, cut and clear away any trees and brush within the Easement Area (and relocate any other 155
materials situated, placed or appearing within the Easement Area) whenever in GRANTEE’s reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby.

4. Obligation to Restore Easement Area. After completion of any work performed by GRANTEE or its agents, contractors or employees which disturbs the surface of the Easement Area, GRANTEE shall, at its sole cost and expense, restore the surface of such area as close as reasonably possible to its original character (as existing/measured at the time of the Effective Date of this Temporary Construction Easement).

5. Obligation to Obtain Necessary Approvals. Prior to engaging in any activity upon the Easement Area, GRANTEE shall, at its sole cost and expense, apply for and obtain all necessary permits, authorizations, licenses and approvals (collectively, “Approvals”) which are or may be required from anybody, agency, or department with jurisdiction over the Easement Area.

6. Rights Retained by GRANTOR. The easement rights acquired by GRANTEE pursuant to this instrument are acquired subject to the right of GRANTOR, its successors and assigns to use the surface and subsurface of the land within the Easement Area to the extent that such use is compatible with the full and free exercise of the Temporary Construction Easement by GRANTEE.

7. Indemnification. GRANTEE hereby agrees to indemnify, defend (with counsel acceptable to GRANTOR), release and hold harmless GRANTOR, its successors and assigns, including their respective affiliates, partners, directors, members, officers, shareholders, agents, representatives, contractors and employees (collectively, the “Grantor Representatives”), and each of them, and their property from all loss, liability, damages, claims, costs and expenses (including attorneys’ fees and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTEE, its employees, agents, contractors and representatives (collectively, the “Grantee Representatives”) in connection with the use of the Easement Area by GRANTEE and/or the Grantee Representatives or any material breach of this Temporary Construction Easement by GRANTEE; provided, however, that nothing contained in this paragraph shall operate to relieve GRANTOR from any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or sole negligent acts of GRANTOR, the Grantor Representatives, or any of them. Payment shall not be a condition precedent to recovery under the forgoing indemnity.

8. General Provisions.

a. Covenants Running with the Land. GRANTEE and GRANTOR acknowledge and agree that the rights conferred by this Temporary Construction Easement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns.

b. Effective Date. This Temporary Construction Easement shall be effective upon the date that is set forth above the signature line(s) identified for GRANTOR on the final page of this instrument.

c. Authorized Representative. Each individual signing on behalf of a party to this Temporary Construction Easement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Temporary Construction Easement has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing.

d. Attorney’s Fees. In the event of any dispute between the parties regarding the enforcement or effect of this Temporary Construction Easement, the non-prevailing party in any such dispute shall pay the prevailing party’s reasonable attorney’s fees and costs actually incurred. In the event that neither party wholly prevails, the court may apportion the costs or fees as the court deems appropriate.

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e. Further Cooperation. Each of the signatories to this Temporary Construction Easement agree to execute such other documents and to perform such other acts as may be reasonably necessary or desirable to further the expressed and intent purpose of this Temporary Construction Easement.

f. General Order 69-C. This temporary easement is granted pursuant to California Public Utilities Commission General Order 69-C, incorporated by reference herein.

g. Warranty. GRANTOR makes no warranty to GRANTEE regarding the fitness or suitability of the subject property for any use by GRANTEE.

EXECUTED this ________ day of _____________________, 20_____.

CITY OF FONTANA, SOUTHERN CALIFORNIA EDISON COMPANY, a municipal corporation a corporation

By: ____________________________________ ____________________________________________ Name: _________________________________ Jay Glasser
Title: __________________________________ Advisor, Real Estate and Facilities Land Acquisitions
Vegetation & Land Management

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

State of California )
) ss.

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________

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

State of California )
) ss.

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________
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
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
APN: 0238-062-33

LEGAL DESCRIPTION:

  



COMMENCING              POINT OF BEGINNING      POINT OF BEGINNING

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EXHIBIT “B” 
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  
SERIAL NO. 73521A
160
SERIAL NO. 73521A 161

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

S P A C E A B O V E T H I S L IN E F O R R E C O R D E R ' S U S E Road Easement

DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73522A Service Order: 802045396
Location: City of Fontana
APN: 0238-062-33
V&LM File No: GRT203921564
SCE Document: 132686

___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

VEGETATION & LAND

MANAGEMENT

BY SF DATE 08/02/2024

SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called “GRANTOR,” does hereby grant to CITY OF FONTANA, a municipal corporation, hereinafter referred to as “GRANTEE,” an easement for road purposes, in, on, under, over, along and across that certain real property in the City of Fontana, County of San Bernardino, State of California, described as follows:

The real property legally described in the attached Exhibit A and depicted in the attached Exhibit B, as said Exhibits are incorporated herein by this reference (collectively, the “Easement Area”).

SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not.

The foregoing grant is made subject to the follow terms and conditions:

1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power, and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes.

2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant.

3. The said Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction, or removal of such electric transmission, distribution or communications lines, pipelines or other conduits.

4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legal do so, from and against all claims, lines, encumbrances, actions, loss, damage, expense and/or liability arising from the growing out of loss or damage to property, including Grantor’s own property, or injury to or death of persons, including employees of 162

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

2 Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor.

5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of twenty-seven (27.00) feet between their equipment and any and all overhead electric conductors.

6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times.

7. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described real property and which, in the opinion of Grantor, endanger or interfere with the property operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger.

8. The above described real property is to be used only for the purposes specified herein and in the event:
a. said real property is not so used;
b. said real property shall be vacated as a road right of way; or. c. the project for which this Easement is being granted is abandoned.

The Easement shall thereupon, ipso facto ,revert to and merge in the interest of Grantor in the above described real property.

9. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefore, ad good an sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given.

10. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collective called “improvement”) shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor.

163

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

3 11. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the above described real property at its own expense.

12. Grantee hereby recognizes Grantor’s title and interest in and to the above-described real property and agrees never to assail or resist Grantor’s title or interest therein.

13. Any earth fill placed by Grantee within the boundaries of the above-described real property shall have a relative compaction density of ninety percent (90%).

14. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the Public

15. The maintenance of all landscaping, drainage structures, and slopes within the above described real property and reconstructed access road slopes shall be maintained by Grantee.

16. No valves or controllers of any type are allowed on the above described real property.

17. Any trees or plants within the above-described real property shall be maintained by Grantee and shall not be exceed a mature height of fifteen (15.00) feet.

18. The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto.

IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this _____________ day of _______________, 20___.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By:

Jay Glasser
Real Estates Facilities Advisor
Land Acquisitions
Vegetation & Land Management

164

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

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

State of California )

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________

165

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

5 GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions.

DATED as of this _______ day of _____________________ , 20____.

CITY OF FONTANA, a municipal corporation

By:

Name:

Title:

By:

Name:

Title:

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

State of California )

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________

166

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

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

State of California )

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________
167



EXHIBIT “A”

APN: 0238-062-33

LEGAL DESCRIPTION:
  

PARCEL “A”

COMMENCING          POINT OF BEGINNING    POINT OF BEGINNING



PARCEL “B”

COMMENCING                                POINT OF BEGINNING                              POINT OF BEGINNING



EXHIBIT “B” 





   
SERIAL NO. 73522A
168
SERIAL NO. 73522A 169

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

S P A C E A B O V E T H I S L IN E F O R R E C O R D E R ' S U S E Road Easement

DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73553A Service Order: 802045396
Location: City of Fontana
APN: 0238-091-15
V&LM File No: GRT203921564
SCE Document: 206204

___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

VEGETATION & LAND

MANAGEMENT

BY SF DATE 08/02/2024

SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called “GRANTOR,” does hereby grant to CITY OF FONTANA, a municipal corporation, hereinafter referred to as “GRANTEE,” an easement for road purposes, in, on, under, over, along and across that certain real property in the City of Fontana, County of San Bernardino, State of California, described as follows:

The real property legally described in the attached Exhibit A and depicted in the attached Exhibit B, as said Exhibits are incorporated herein by this reference (collectively, the “Easement Area”).

SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not.

The foregoing grant is made subject to the follow terms and conditions:

1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power, and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes.

2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant.

3. The said Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction, or removal of such electric transmission, distribution or communications lines, pipelines or other conduits.

4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legal do so, from and against all claims, lines, encumbrances, actions, loss, damage, expense and/or liability arising from the growing out of loss or damage to property, 170

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

2 including Grantor’s own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor.

5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of twenty-seven (27.00) feet between their equipment and any and all overhead electric conductors.

6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times.

7. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described real property and which, in the opinion of Grantor, endanger or interfere with the property operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger.

8. The above described real property is to be used only for the purposes specified herein and in the event:
a. said real property is not so used;
b. said real property shall be vacated as a road right of way; or. c. the project for which this Easement is being granted is abandoned.

The Easement shall thereupon, ipso facto ,revert to and merge in the interest of Grantor in the above described real property.

9. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefore, ad good an sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given.

10. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collective called “improvement”) shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor.

171

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

3 11. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the above described real property at its own expense.

12. Grantee hereby recognizes Grantor’s title and interest in and to the above-described real property and agrees never to assail or resist Grantor’s title or interest therein.

13. Any earth fill placed by Grantee within the boundaries of the above-described real property shall have a relative compaction density of ninety percent (90%).

14. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the Public.

15. The maintenance of all landscaping, drainage structures, and slopes within the above described real property and reconstructed access road slopes shall be maintained by Grantee.

16. No valves or controllers of any type are allowed on the above described real property.

17. Any trees or plants within the above-described real property shall be maintained by Grantee and shall not be exceed a mature height of fifteen (15.00) feet.

18. The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto.

IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this _____________ day of _______________, 20__.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By:

Jay Glasser
Real Estates Facilities Advisor
Land Acquisitions
Vegetation & Land Management

172

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

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

State of California )

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________

173

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

5 GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions.

DATED as of this _______ day of _____________________ , 20____.

CITY OF FONTANA, a municipal corporation

By:

Name:

Title:

By:

Name:

Title:

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

State of California )

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________

174

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

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

State of California )

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________
175
Sheet 3 of 5
City Index No.__________
APN: 0238-091-15 R/W
EXHIBIT “A”

APN: 0238-091-15

LEGAL DESCRIPTION:

THAT PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 6

WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SLOVER AVENUE, BEING 30.00 FEET

SOUTH OF, AND PARALLEL WITH, THE CENTERLINE OF SAID SLOVER AVENUE, WITH THE EAST LINE OF ETIWANDA AVENUE, BEING 30.00 FEET EAST OF, AND PARALLEL WITH, THE CENTERLINE OF SAID ETIWANDA AVENUE AS SHOWN ON RECORD OF SURVEY, RECORDED IN BOOK 10, PAGES 35 THROUGH 49, INCLUSIVE, OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY; THENCE NORTH 89°00’09” EAST ALONG SAID SOUTH LINE, 281.67 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SLOVER

AVENUE AS DESCRIBED IN GRANT TO THE COUNTY OF SAN BERNARDINO PER DEED RECORDED IN BOOK 5953, PAGE 266, OFFICIAL RECORDS, AND THE POINT OF BEGINNING; THENCE SOUTH 70°51’09” WEST ALONG SAID NORTH LINE, 185.57 FEET; THENCE NORTH 89°51’12” WEST, 55.03 FEET; THENCE NORTH 17°15’17” WEST, 45.73 FEET; THENCE SOUTH 48°04’39” EAST, 42.96 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 44.33 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 09°11’18” WEST; THENCE EASTERLY ALONG SAID CURVE, 11.79 FEET THROUGH A CENTRAL ANGLE OF 15°14’12” TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 322.38 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 06°02’54” EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, 107.11 FEET THROUGH A CENTRAL ANGLE OF 19°02’10”; THENCE NORTH 64°54’56” EAST, 38.64 FEET TO THE SOUTH LINE OF SLOVER AVENUE, PER SAID RECORD OF SURVEY; THENCE NORTH 89°00’09” EAST ALONG SAID SOUTH LINE, 62.49 FEET TO THE POINT OF BEGINNING.

CONTAINING APPROXIMATELY 3,723 S.F., 0.085 ACRES

SEE EXHIBIT “B”, SKETCH TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY:

MARK WARE, P.L.S. 5820 DATE

SERIAL NO. 73553A
176
SERIAL NO. 73553A 177
SERIAL NO. 73553A 178

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

S P A C E A B O V E T H I S L IN E F O R R E C O R D E R ' S U S E Road Easement

DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73554A Service Order: 802045396
Location: City of Fontana
APN: 0238-091-16
V&LM File No: GRT203921564
SCE Document: 206204

___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

VEGETATION & LAND

MANAGEMENT

BY SF DATE 08/02/2024

SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called “GRANTOR,” does hereby grant to CITY OF FONTANA, a municipal corporation, hereinafter referred to as “GRANTEE,” an easement for road purposes, in, on, under, over, along and across that certain real property in the City of Fontana, County of San Bernardino, State of California, described as follows:

The real property legally described in the attached Exhibit A and depicted in the attached Exhibit B, as said Exhibits are incorporated herein by this reference (collectively, the “Easement Area”).

SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not.

The foregoing grant is made subject to the follow terms and conditions:

1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power, and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes.

2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant.

3. The said Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction, or removal of such electric transmission, distribution or communications lines, pipelines or other conduits.

4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legal do so, from and against all claims, lines, encumbrances, actions, loss, damage, expense and/or liability arising from the growing out of loss or damage to property, 179

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73554A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

2 including Grantor’s own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor.

5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of twenty-seven (27.00) feet between their equipment and any and all overhead electric conductors.

6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times.

7. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described real property and which, in the opinion of Grantor, endanger or interfere with the property operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger.

8. The above described real property is to be used only for the purposes specified herein and in the event:
a. said real property is not so used;
b. said real property shall be vacated as a road right of way; or. c. the project for which this Easement is being granted is abandoned.

The Easement shall thereupon, ipso facto ,revert to and merge in the interest of Grantor in the above described real property.

9. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefore, ad good an sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given.

10. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collective called “improvement”) shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor.

180

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73554A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

3 11. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the above described real property at its own expense.

12. Grantee hereby recognizes Grantor’s title and interest in and to the above-described real property and agrees never to assail or resist Grantor’s title or interest therein.

13. Any earth fill placed by Grantee within the boundaries of the above-described real property shall have a relative compaction density of ninety percent (90%).

14. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the Public.

15. The maintenance of all landscaping, drainage structures, and slopes within the above described real property and reconstructed access road slopes shall be maintained by Grantee.

16. No valves or controllers of any type are allowed on the above described real property.

17. Any trees or plants within the above-described real property shall be maintained by Grantee and shall not be exceed a mature height of fifteen (15.00) feet.

18. The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto.

IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this _____________ day of _______________, 20__.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By:

Jay Glasser
Real Estates Facilities Advisor
Land Acquisitions
Vegetation & Land Management

181

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73554A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

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

State of California )

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________

182

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73554A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

5 GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions.

DATED as of this _______ day of _____________________ , 20____.

CITY OF FONTANA, a municipal corporation

By:

Name:

Title:

By:

Name:

Title:

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

State of California )

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________

183

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73554A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

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

State of California )

County of )

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

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

WITNESS my hand and official seal.

Signature _______________________________
184
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APN: 0238-091-16

LEGAL DESCRIPTION:
  
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COMMENCING       POINT OF BEGINNING                      POINT OF BEGINNING 
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SERIAL NO. 73554A
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SERIAL NO. 73554A 186
SERIAL NO. 73554A 187
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PROOF OF SERVICE 5014813.1 -- N948.228

ALVARADOSMITH A PROFESSIONAL CORPORATION LOS ANGELES

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

City of Fontana v. SCE, et al.

San Bernardino Superior Court Case No.: CIVSB2026789

I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action. My business address is Frost Brown Todd LLP, 633 W.

Fifth Street, Suite 900, Los Angeles, CA 90071.

On November , 2024, I served the foregoing document described as STIPULATION FOR FINAL JUDGMENT on the interested parties in this action.  by placing the original and/or a true copy enclosed in (a) sealed envelope(s), addressed as follows:

SEE ATTACHED SERVICE LIST

 BY REGULAR MAIL: I deposited such envelope in the mail at 633 W. Fifth Street, Los Angeles, California 90071. The envelope was mailed with postage fully prepaid.

I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit.
 BY ELECTRONIC SERVICE: Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification address listed in the Service List.  BY FACSIMILE MACHINE: I Tele-Faxed a copy of the original document to the facsimile numbers in the Service List..
 BY OVERNIGHT MAIL: I deposited such documents at the FedEx Drop Box located at 633 W. Fifth Street, Los Angeles, California 90071. The envelope was deposited with delivery fees fully prepaid.
 BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the addressee(s) listed in the Service List.

 (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on November , 2024, at Los Angeles, California.

JULIA EVANS
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PROOF OF SERVICE 5014813.1 -- N948.228

ALVARADOSMITH A PROFESSIONAL CORPORATION LOS ANGELES

SERVICE LIST

City of Fontana v. SCE, et al.

San Bernardino Superior Court Case No.: CIVSB2026789

KENDALL H. MACVEY
GREGORY G. SNARR

BEST BEST & KRIEGER LLP
3390 UNIVERSITY AVENUE, 5TH FLOOR
P.O. BOX 1028
RIVERSIDE, CA 92502

Attorneys for Plaintiff City of Fontana

951-686-1450
951-686-3083 [fax]
E-mail: [email protected]
[email protected]

JEFF S. RENZI

BRIDGET JOHNSEN
2244 WALNUT GROVE AVENUE, 3RD FLOOR
ROSEMEAD, CA 91770

Attorneys for Defendant Southern California
Edison Company

626-302-6889
626-302-6997 [fax]
E-mail: [email protected]

DOUGLAS J. DENNINGTON

RUTAN & TUCKER LLP
18575 JAMBOREE ROAD, 9TH FLOOR
IRVINE, CA 92612
Attorneys for Defendants Union Carbide
Corporation and Linde, Inc.

714-641-5100
714-546-9035 [fax]

E-mail: [email protected]

JEAN-RENE BASLE

COUNTY COUNSEL

OFFICE OF THE COUNTY COUNSEL

COUNTY OF SAN BERNARDINO
385 N. ARROWHEAD AVENUE, 4TH FLOOR
SAN BERNARDINO, CA 92415-0140
Attorneys for Defendant County of San
Bernardino

909-387-5444
909-387-4069 [fax]

By Mail

AS16270.0871587 4890-0847-5642v1

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0032 Agenda Date: 2/11/2025
Agenda #: I. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information updated for December 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 December 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 2/5/2025Page 1 of 1
powered by Legistar™
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POLICE DEPARTMENT

MONTHLY REPORT
December 2024
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NOTEWORTHY EVENTS
• Fontana Police COPE unit conducted an extensive social media “Holiday Awareness” campaign designed to prevent common holiday crime trends and provide safety tips to the community.
• COPE hosted “Cocoa with the Po-Po” in area 4.
• Police personnel participated in the annual bike giveaway at Fontana Community Senior Center.
• Fontana Police conducted several toy drives providing toys to children. • The annual “Heroes and Helpers” event was a great success and hosted at our south end Target. Special thanks to all our community partners for supporting the event. • Special Operations seized over 30,000 fentanyl pills, 10 pounds of methamphetamine, 200 kilos of cocaine, and seized over 60 illegal firearms.
• Fontana Police participated in Supervisor Armendariz’ “Jingle and Mingle” event, donating numerous toys.

KA1
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Slide 2
KA1 Kevin Anderson, 2/9/2021
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CITYWIDE
• Priority 1 response time- 4:56 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,448
• Total Traffic Accidents- 226
• Non-Injury-180, Injury – 46
• Total arrests- 489
• Hispanic- 341, White- 62 , Black- 66, All other races- 20 • Total Group A Offenses- 678
• Crimes Against Persons- 152
• Crimes Against Property- 348
• Crimes Against Society- 178
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CITYWIDE• Crimes Against Person- 152
• Homicide- 0
• Sex Offenses- 11
• Assault- 134
• Kidnapping- 1
• Other- 6
• Crimes Against Property- 348
• Robbery- 8
• Burglary- 19
• Larceny- 145
• Destruction of Property- 39
• Fraud- 33
• Possession of Stolen Property- 51
• Motor Vehicle Theft- 39
• Other Miscellaneous Property Crimes- 14
• Crimes Against Society- 178
• Drug and Paraphernalia Possession- 136
• Possession of Child Pornography- 5
• Possession of Weapons- 37
• Other Miscellaneous Crimes- 0
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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
197
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 62
• Crimes Against Persons- 12
• Crimes Against Property- 45
• Crimes Against Society- 5
198
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 152
• Crimes Against Persons- 37
• Crimes Against Property- 89
• Crimes Against Society- 26
199
BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 303
• Crimes Against Persons- 83
• Crimes Against Property- 118
• Crimes Against Society- 102
200
Beat 4

AREA COMMANDER IS LIEUTENANT SCOTT SNYDER
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 115
•Crimes Against Persons- 20
•Crimes Against Property- 90
•Crimes Against Society- 5
201

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] 202
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0035 Agenda Date: 2/11/2025
Agenda #: J. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Authorization to Apply for Emergency Food and Shelter Program Phase 42 RECOMMENDATION:

1. Authorize the Fontana Housing Department to apply for the Emergency Food and Shelter Program Phase 42 (EFSP).

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 Emergency Food and Shelter Program Phase 42 (EFSP) COUNCIL GOALS:
· Practice sound fiscal management by pursing grant opportunities. · Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

On December 30, 2024 The Office of Homeless Services of San Bernardino County released a Request for Proposals (RFP) seeking qualified Applicants to provide eligible services under the Emergency Food and Shelter Program, Phase 42 (EFSP).

EFSP funds are intended to support service providers by supplementing existing food and shelter programs throughout the San Bernardino County Jurisdiction. There are five regions to be served within SBC Jurisdiction: 1) Central County Region; 2) East Valley Region; 3) Northern Desert Region; 4) Southern Desert Region; and 5) West End Region. The City of Fontana falls within the West End Region. EFSP funding available to applicants for the program is $956,999. New applicants for the program restricted to a maximum budget request of $5,000.

Eligible activities under the EFSP funds are served meals, food vouchers, per diem shelter costs, motel/hotel vouchers, rental/mortgage and utility assistance. Due to the low maximum funding request, the best utilization of these funds is to supplement existing meals provided at the Path.

Currently, residents of the Path are provided with a continental breakfast due to the lack of available kitchen facilities. These additional funds would allow staff to provide an enhanced breakfast to the residents. The maximum supplemental funding this grant will provide is $3.00 per meal which allows for the City to provide approximately 1,666 meals for those in need.

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Agenda #: J. Category: Consent Calendar
FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item. The maximum grant award amount is $5,000 for the Emergency Food and Shelter Program Phase 42 (EFSP) and if awarded, staff will return to Council for final acceptance of the grant.

MOTION:

Approve Staff Recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0051 Agenda Date: 2/11/2025
Agenda #: K. 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 Olive Communities, LLC for a Multi-Family Residential Housing Apartment Complex Project and Authorizing the City Manager to Execute the Agreement and take certain actions to complete the transaction.

RECOMMENDATION:

Adopt Resolution No. 2025-010 Approving a Development Impact Fee Deferral Agreement Between the City of Fontana and Olive Communities, LLC for a Multi-Family Residential Housing Apartment Complex Project, and Authorizing the City Manager to Execute the Agreement and take certain actions to complete the transaction.

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. · 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:

Olive Communities, LLC (“Owner”)is the owner of a multi-family residential development at the location of 16220 Arrow Boulevard, Fontana, California, 92335 (“Property”).The Property is an apartment complex that consists of 3 apartment buildings with a total of 72 units and associated amenities, on approximately 2.34 acres of land. Owner has requested for 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 (“DIFDeferral Agreement”). The impact fees deferred are only those impact fees imposed or levied by the City upon the development of the Property, but 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 public agency. The key terms of the DIF Deferral Agreement and for the City of Fontana Printed on 2/5/2025Page 1 of 2
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File #: 25-0051 Agenda Date: 2/11/2025
Agenda #: K. Category: Consent Calendar
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. The fees deferred by the City shall accrue interest at a rate of 10% simple interest annually if not paid by the Maturity Date.

3. Owner shall pay the principal sum of the Deferred Fees 1) within thirty (30) days of the date of issuance of the final occupancy clearance (the “Certificate of Occupancy” or “COO”)for Building Nos. 1, 2 and 3, Permit Nos. BLD-23-00377, BLD-23-00376 and BLD-23-00344, or 2) the close of escrow date if the Property or the Project is sold, whichever is earlier, but in no event shall the Deferred Fees for the Project be paid later than April 7, 2025.

4. 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.

5. 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 up to 60 days after the date of issuance of the final certificate of occupancy for the project described above, or the close of escrow date if the Property or Project is sold, but not later than April 7, 2025.

MOTION:

Approve staff’s recommendation
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RESOLUTION NO. 2025-010

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

CALIFORNIA, APPROVING A DEVELOPMENT IMPACT FEE

DEFERRAL AGREEMENT BETWEEN THE CITY OF FONTANA AND

OLIVE COMMUNITIES, LLC FOR A MULTI-FAMILY RESIDENTIAL

HOUSING APARTMENT COMPLEX PROJECT AND AUTHORIZING THE

CITY MANAGER TO EXECUTE AGREEMENT AND TAKE CERTAIN

ACTIONS TO COMPLETE THE TRANSACTION

WHEREAS, pursuant to California Government Code Section 66000 et seq. (the “Mitigation Fee Act”), the City of Fontana (“City”) has exercised its authority to establish and impose development impact fees upon new development within the City of Fontana; and
WHEREAS, Olive Communities, LLC (“Owner”) is the owner of that certain real property located at 16220 Arrow Blvd., Fontana, CA 92335, in San Bernardino County, California, identified with Assessor’s Parcel Number 0191-041-40-0000, on approximately 2.34 acres of land ("Property"); an d

WHEREAS, the Owner is constructing a multi -family residential housing development project on the Property, commonly known as Las Vista, consisting of three residential buildings with a total of seventy -two residential units (“Project”); and

WHEREAS, in order to assure that the Project is financially feasible and that the Owner is able to deliver the needed affordable housing and supportive services, the Owner has requested that the City’s development impact fees imposed in connection with

WHEREAS, the City is willing to defer the payment of City development impact fees pursuant to cert ain terms as set forth in this R esolution, in furtherance of the substantial public benefits that will be provided by the Project.

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

Section 1. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.

Section 2. Based on the information provided in the staff report, the City Council authorizes the deferral of payment of the development impact fees levied against the Project on the following terms:

A. This deferral shall only apply to development impact fees le vied by the City. It shall not apply to any other fees levied by the City, nor 207
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shall it apply to fees levied by the County, School District, or any other public entity.

B. If not paid by the Maturity Date, t he fees deferred by the City shall accrue interest at a rate of 10% simple interest annually.

C. Owner shall pay the principal sum of the Deferred Fees 1) within thirty (30) days of the date of issuance of the final occupancy clearance (the “Certificate of Occupancy” or “COO”) for Building Nos. 1, 2 and 3, Permit Nos. BLD-23-00377, BLD-23-00376 and BLD-23- 00344, or 2) the close of escrow date if the Property or the Project is sold, whichever is earlier, but in no event shall the Deferred Fees for the Project be paid later than April 7, 2025.

D. 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.

E. City shall record the Development Impact Fee Deferral 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.

Section 3 . The City Council further authorizes the City Manager to execute a Development Impact Fee Deferral Agreement on behalf of the City in a form as approved by the City Attorney with the terms as set forth in this Resolution, and to execute any other documents and carry out such actions as are necessary or appropriate to carry out the City Council’s direction as set forth herein.

Section 4 . If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resol ution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City declares that the City would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 5. This Resolution shall become effective immediately upon its adoption.

Section 6. The City Clerk shall certify adoption of this Resolution.

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APPROVED AND ADOPTED this 11th day of February 2025.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 11th day of February, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
City Clerk of the City of Fontana

_______________________________
Mayor of the City of Fontana

ATTEST:

_______________________________
City Clerk
209
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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

OLIVE COMMUNITIES, LLC
a California limited liability company

[Dated as of ________ ___, 202__, for reference purposes only] 210
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DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
This Development Impact Fee Deferral Agreement ("Agreement") is entered into between the CITY OF FONTANA, a California municipal c orporation, ("City") and OLIVE COMMUNITIES, LLC, a California limited liability company ("Owner"). City and Owner are sometimes 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 16220 Arrow Blvd., Fontana, CA 92335, in San Bernardino County, California, identified with Assessor’s Parcel Number 0191-041-40-0000 ("Property"). The Property is more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and consists of approximately 2.34 gross acres.

2. The Owner or Owner's designees desires to develop a multi-family residential housing project on the Property, known as the Las Vista housing development, consisting of three (3) buildings with collectively seventy-two (72) residential units ("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 t o 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 and 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 agreed, subject to the terms, conditions and limitations of this Agreement, to defer payment of the following Impact Fees payable with respect to the Project as more particularly set forth in this Agreement:

As of the Effective Date of this Agreement, t he aggregate sum of the foregoing Impact Fees is in the amount of One Million Five Hundred Ninety Seven Thousand Seven Hundred Fifty Six and 20/100 Dollars ($1,597,756.20) and shall be hereinafter collectively referred to as the "Deferred Fees."

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:
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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 until such time as described in Section 1.1 below . For purposes of this Agreement,, “development impact fee” shall have the meaning ascribed to it in Chapter 21, Article V, Sections 21-120 of the Fontana Municipal Code.

1.1 Owner’s Obligation. Owner, or its successor in interest to the Property, or any portion thereof, shall be liable for the payment of the applicable development impact fees that are temporarily deferred pursuant to this Agreement. Owner will be responsible to pay the current development impact fee rate that is in effect at the time of actual payment. Owner shall satisfy its payment obligations under this Agree ment by the following means and upon th e earlier of the corresponding dates:
(1) Pay the principal sum of the Deferred Fees within thirty (30) days after the date of issuance of the final occupancy clearance (the “Certificate of Occupancy” or “COO”) for Building Nos. 1, 2 and 3 , Permit Nos. BLD -23-00377, BLD-23- 00376 and BLD-23-00344, for the Project; or
(2) Pay the principal sum of the Deferred Fees on or before the close of escrow date if the Property or the Project is sold, but in no event shall the Deferred Fees for the Project be paid later than April 7, 2025 (“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 ten percent (10%) 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 sale or transfer of the Project or the Property; or (b) the occurrence of an Event of Default under this Agreement.

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.

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. Owner hereby acknowledges and agrees that the obligation to pay the deferred development impact fees shall continue and remain an obligation of Owner, as well as (jointly and severally) any successors in interest of Owner, 212
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including, without limitation, any successor in interest to the Property or any portion of the Property. Without limiting the nature of the foregoing, any deferred development impact fees that remain unpaid following the time that they are required to be pa id may be collected by the City , as a lien against the applicable portion of the Property, as a special assessment against the applicable portion of the property (collected at the same time and in the same manner as ad valorem property taxes), or by any combination of the foregoing. Additionally, should Owner fail to pay the Deferred Fees pursuant to this Agreement, the City 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 agreement 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 construction 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 per mits 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, exempt 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 prote ct 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 ”): (A) 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, liquidator 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 (B) 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 213
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Property or any other property of Owner, and in each case the order or 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 Cit y shall have the right to do any one or more of the following:
(1) Revoke the 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 discr etion 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 indemn ify, defend and hold harmless City, its elected and appointed officials, officers, employees, contractors 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 limitation, all costs of collectio n, including actual attorneys’ and expert witness fees.

Section 8. Prevailing Wages. Developer is aware of the requirements of California Labor Code Sections 1720 et seq, as well as California Code of Regulations, Title 8, Section 16000 et seq (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” projects. It shall be Developer’s sole obligation to determine whether, and to what extent if any, the Prevailing Wage La ws apply to the Project. Owner shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any actual or alleged failure by De veloper or its employees, agents and contractors to comply with the Prevailing Wage Laws, if applicable to the Project.

Section 9. 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 for any amount or obligation due to Owner or claimed to be due Owner from City.

Section 10. 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 11. Governing Laws and Venue. This Agreement shall be governed by the laws of the State of C alifornia, without regard to the conflict 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 Agreeme nt. 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 214
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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 waiv es, to the maximum legal extent, the benefit of California Code of Civil Procedure Section 394 and all other state and federal statutes and judicial decisions of similar effect.

Section 12. Notices. All notices required to be delivered under this Agreement or applicable law shall be delivered 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 the 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: Olive Communities, LLC
6226 Cooper Avenue
Fontana, CA 92336
Attn: Saber Awad, Manager
Section 13. 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 pr evailing 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 Sectio n 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 14. 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 15. Modification. This Agreement shall be a mended or modified only by an Agreement in writing signed by each of the Parties.

Section 16. Headings. Section headings contained in this Agreement are for convenience only, and shall not impact the construction or interpretation of any provision.

Section 17. 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 18. Severability. If any provision or clause of thi s Agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such 215
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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 19. 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 of that document shall h ave no application to either the 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 a ny express term or provision hereof to ascertain and give effect to the intent of the Parties hereto.

Section 20. Time is of the Essence. Time is of the essence in this Agreement.

Section 21. 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 OLIVE COMMUNITIES, 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:

Best, Best & Krieger, LLP

By: __________________________
Ruben Duran, City Attorney
Date: ______________________________

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EXHIBIT "A"

Legal Description of Property -16220 Arrow Blvd, Fontana, California 92335.

Assessor’s Parcel Number 0191-041-40-0000
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0053 Agenda Date: 2/11/2025
Agenda #: L. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

A Resolution of the City Council of the City of Fontana Opposing South Coast Air Quality Management District (SCAQMD) Rules 1111 and 1121.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2025-011 opposing the South Coast Air Quality Management District (SCAQMD) Proposed Amended Rules 1111 and 1121 and urging the SCAQMD to indefinitely delay or cease consideration of these regulations.

COUNCIL GOALS:
· Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging conservation, waste reduction, and recycling in the community.
· Enhance the local environment for future generations and create a healthy economic and environmental future by committing to purchasing specific products and goods that are climate friendly.

DISCUSSION:

The South Coast Air Quality Management District (SCAQMD) is considering two rules that would have significant economic impacts on homeowners, renters, and businesses throughout Los Angeles, Orange, Riverside, and San Bernardino counties. Rule 1111 aims to regulate air emissions from gas- powered central furnaces, while Rule 1121 seeks to regulate emissions from residential-type, natural gas-powered water heaters.

These rules would ban the use of natural gas-powered furnaces and water heaters in new construction beginning in 2026 and mandate the phase-out of existing natural gas units in single- family homes, multi-family housing, and businesses by 2027. The implementation of these regulations would require extensive and costly retrofits, including electrical panel upgrades, new plumbing, and structural modifications to accommodate compliant units.

1. Economic Impact - Compliance with Rules 1111 and 1121 is estimated to impose over $20 billion in costs to consumers, disproportionately affecting lower- and middle-income households. Apartment owners and business owners would bear significant expenses, which would likely be passed down to renters and consumers.

2. Housing Affordability Concerns - California is facing an ongoing housing crisis, and these regulations would further increase housing construction costs, making homeownership and City of Fontana Printed on 2/5/2025Page 1 of 2
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File #: 25-0053 Agenda Date: 2/11/2025
Agenda #: L. Category: Consent Calendar
rental housing even less affordable.

3. Electric Grid Reliability - Transitioning to all-electric water heaters and furnaces would place an additional burden on the state's electric grid, increasing the risk of brownouts and outages, particularly during peak demand periods. Additionally, the reliability of Southern California Edison’s (SCE) power supply remains uncertain, especially during high-wind events when power shutoffs are often implemented as a wildfire prevention measure.

4. Diversification of Energy Sources - The City of Fontana recognizes the need for a diversified energy approach to ensure residents and businesses have access to reliable and affordable energy options. Mandating a complete transition to electric appliances without sufficient infrastructure investment limits consumer choice and increases vulnerability to energy shortages.

5. Minimal Air Quality Benefit - Despite the significant financial impact, the air quality improvements expected from these regulations are minimal and do not justify the increased costs imposed on consumers and businesses.

FISCAL IMPACT:

There is no direct fiscal impact to the City of Fontana; however, the proposed rules would have widespread economic consequences for residents and businesses in the city.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-011

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

CALIFORNIA OPPOSING SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT RULES 1111 AND 1121
WHEREAS, the South Coast Air Quality Management District (SCAQMD) is a regional air pollution control agency representing Los Angeles, Orange, Riverside, and San Bernardino counties with responsibility for regulating stationary sources of air pollution; and
WHEREAS, the SCAQMD is considering two rules that would have a significant impact on up to 17 million South Coast homeowners, renters, and businesses: Rule 1111, which would regulate air emissions from gas -powered central furnaces, and Rule 1121, which would reg ulate air emissions from residential -type, natural gas -powered water heaters; and
WHEREAS, Rules 1111 and 1121 would impose over $20 billion in costs to consumers while providing minimal measurable air quality benefits for the four -county SCAQMD service area; and
WHEREAS, these two rules would ban the use of natural gas -powered furnaces and water heaters in new construction, taking effect in 2026, further elevating construction costs and housing prices, thereby putting homeownership even further out of reac h for many Southern Californians, and would phase out existing natural gas furnaces and water heaters in existing single -family homes, multi -family housing, and businesses by 2027; and
WHEREAS, housing affordability throughout California is and will remain a top public policy priority for the City of Fontana for the foreseeable future, as local governments are being pressured to build more housing, specifically housing that people can afford, and any regulations that increase these costs deserve careful scr utiny to ensure that the increased costs are met with an equal or greater amount of benefit to the consumer; and
WHEREAS, unlike most SCAQMD rules that regulate large stationary sources of air pollution like oil refineries and warehouses, Rules 1111 and 11 21 specifically target individual homeowners, apartment buildings, and businesses large and small, meaning that the costs of these two rules will be directly borne by hard -working families and business owners; and
WHEREAS, Rules 1111 and 1121 would require apartment owners, homeowners, and businesses to invest not only in expensive all-electric furnaces and water heaters but would also necessitate that they retrofit homes and businesses with expensive electrical panel upgrades, extensive new plumbing, and p hysical renovations to accommodate compliant units, further raising the cost of new housing and likely pricing many potential homeowners and renters out of an already expensive market; and 221
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WHEREAS, for apartment owners, the mandate to replace natural gas w ater heaters and furnaces with all -electric units is incredibly expensive, and these significant costs will be passed down to tenants, leading to rent increases and placing additional financial pressure on renters in a region already struggling with housing affordability; and WHEREAS, the SCAQMD ’s water heater and furnace mandates will impose a significant increase in electricity demand on California ’s electric grid, as transitioning to all-electric water heaters and furnaces means increased demand on an el ectric grid that has not proven capable of consistently meeting existing demand, thus increasing the risk of power brownouts or outages and
WHEREAS, Southern California relies heavily on Southern California Edison (SCE) for electricity, and during high wind events, Public Safety Power Shutoffs (PSPS) frequently result in widespread power outages, leaving residents and businesses without reliable energy; and
WHEREAS, reducing dependence on a single energy source and maintaining a diverse energy portfolio that includes natural gas is crucial for ensuring energy reliability, particularly in high wind conditions when electric service interruptions are most frequent; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fontana does hereby resolve as follows:

Section 1. Rules 1111 and 1121 will have a profound impact and impose significant costs on millions of Southern California homeowners, renters, and businesses who are already struggling to make ends meet while providing minimal air quality benefit.

Section 2. The City of Fontana opposes Proposed Amended Rules 1111 and 1121 and urges the SCAQMD to indefinitely delay or cease consideration of these two anti - consumer regulations immediately.

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APPROVED AND ADOPTED this 11th day of February 2025.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 11th day of February, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
City Clerk of the City of Fontana

_______________________________
Mayor of the City of Fontana

ATTEST:

_______________________________
City Clerk

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