Agenda packet — Fontana City Council, April 14, 2026 (part 2 of 3)

PROJECT: Building a Better Connected Inland Empire Project APN: 0228-021-49, 0228-021-50, 0228-092-17, and 02 28-091-28

AGREEMENT FOR ACQUISITION OF PROPERTY

AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR ACQUISITION OF PROPERTY AND JOIN T ESCROW INSTRUCTIONS (“Agreement”) is made and entered into by and betwe en INTEX PROPERTIES INLAND EMPIRE CORP., a California Corporation (“ Grantor ”, “ Licensor ” or “ Seller ”); and the CITY OF FONTANA, a Municipal corporation (“City”, “Licensee” or “Buyer ”) in furtherance of the Building a Better Connected Inland Empire Project (“Project” ).

Instruments in the form of an easement deed coverin g an easement for roadway purposes (“Easement Deed ”) and a license allowing for temporary constructio n covering the area describing and depicting a temporary construction e asement (“ License ”), true copies of which are attached hereto as Exhibit “1” and Exhibit “2” will be executed pursuant to this Agreement and will be delivered to Escrow as set forth below.

In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:

1. PURCHASE AND SALE; SETTLEMENT OF ALL CLAIMS. For v aluable consideration, the sufficiency of which is hereby acknowledged, Se ller agrees to convey the Easement for Roadway Purposes and the License collectively the “ Property Rights”) to City via the Easement Deed and License and settle all related claims, including but not limited to, compensation for the Property Rights and compensation for all damages of every kind and nature suffered, or to be suffered, by reason of the acquisition of the Property Rights for the Project.

It is agreed that the Property Rights are being don ated to the City by the undersigned Grantor.

Grantor, having initiated this donation, has been i nformed of the right to compensation for the Property Rights donated and hereby waives any and all such right to compensation.

It is also agreed that the Property Rights are bein g acquired without the presence of contamination. If the Property Rights being acquir ed are found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its cleanup costs from those who caused or contributed to the contamination.

2. City shall:

A. PROPERTY RIGHTS ACCEPTANCE . Accept delivery of the Property Rights conveyed by Grantor and record the same when title can be ve sted in the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes.

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It is understood and agreed that the Property Righ ts donated pursuant to clause 2(A) above includes the actual possession and use o f the License allowing for temporary construction covering the area describing and depic ting a temporary construction easement identified as County of San Bernardino Assessor’s Parcel Number(s) 0228-021- 49, 0228-021-50, 0228-092-17, and 0228-091-28 for the period commencing on April 15, 2026 and terminating on April 15, 2030. This License may also be terminated at Licensee’s discretion prior to the above date by the Licensee upon written notice to the Licensor.

Permission is hereby granted to the City or its au thorized agent to enter upon the Licensor’s land, where necessary, within that certain area shown on the Right of Way Map attached hereto as Exhibit 2, for the purpose of th e License allowing for temporary construction covering the area describing and depic ting a temporary construction easement for purposes of constructing roadway and u tility improvements in connection with the Project. At least 48 (forty-eight) hours advance written notice will be given before any entry to Licensor’s property.

Pursuant to this Paragraph 2(A), CITY shall indemni fy, defend and hold the Seller harmless from and against any damages, liabilities, judgments, claims, expenses, and penalties resulting from CITY’s use of this Right of Entry as well as its agents, contractors, and employees.

B. Notice. Written notice shall be given to Grantor at:

INTEX Properties Corp.
4001 Via Oro Avenue
Long Beach, CA 90810
Attention: Jeffrey L. Pierson

C. RECORDATION OF INSTRUMENT - Accept the Deed here in referenced by causing to be issued a Certificate of Acceptance and cause the Deed and Certificate of Acceptance to be recorded in the office of the San Bernardino County Recorder at close of escrow.

D. MISCELLANEOUS COSTS - Pay all escrow recording and other fees and charges incurred in this transaction and, if title insuranc e is desired by CITY, the premium charged therefore.

3. The Seller shall:

A. WARRANTIES, REPRESENTATIONS, AND COVENANTS - S eller hereby makes the following warranties, representations, and/or covenants to CITY, which shall survive the Close of Escrow:

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Pending Claims. To the best of Seller’s knowledge, there are no a ctions, suits, claims, legal proceedings, or any other proceedings affecting the Property Rights or any portions thereof, at law, or in equity before any court or governmental agency, domestic or foreign.

Encroachments. To the best of Seller’s knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any improvements located on the Easements encroach on other properties.

Title. Until Close of Escrow, Seller shall not intentionally do anything which would impair Seller’s title to the Property Rights.

Condition of Land. To the best of Seller’s knowledge, without inquir y, there are no substances, materials or conditions on or under the Property Rights that qualify as a hazardous material or substance or otherwise violate any environmental law.

Ownership . Seller is the owner of and has the full right, p ower, and authority to sell, convey, and grant the Property Rights to CITY as pr ovided herein and to carry out Seller’s obligations hereunder. The party executing this Ag reement on behalf of Seller represents and warrants that such person is duly and validly authorized to do so on behalf of Seller.

Governmental Compliance. To the best of Seller’s knowledge, Seller has not received any notice from any governmental agency or authority al leging that the area encompassing the Property Rights is currently in violation of any la w, ordinance, rule, regulation or requirement applicable to its use and operation.

4. CITY and Seller agree:

A. ESCROW - To open an escrow in accordance with this Agreement at Commonwealth Land Title Insurance Company (“Escrow Agent”). Thi s Agreement constitutes the joint escrow instructions of CITY and Seller, and the Escrow Age nt, to whom these instructions are delivered, is hereby empowered to act under this Agreement. T he parties hereto agree to do all acts necessary to close this escrow in the shortest possible time not to exceed thirty (30) days.

Within five (5) business days after the effective date of this agreement, Seller will deposit the Easement Deed and License, executed and notarized in a recordable form by Seller, with the Escrow Agent, and CITY will, upon receipt of same, deposit the executed Certificate of Acceptance with the Escrow Agent. CITY and Seller agree to de posit with Escrow Agent all additional instruments as may be necessary to complete this transaction.

Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be pro-rated between CITY and Seller, but Seller shall have the sole right after close of escrow, to apply to the County Tax Collector of San Bernardino County for any refund of such taxes which may be due Seller for the period after CITY's acquisition.

i) ESCROW AGENT DIRECTIVES - The Escrow Agent is authorized to, and 203

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shall:

a) Pay and charge CITY for any escrow fees, charge s and costs payable under Paragraph 2.C. of this Agreement.

b) Record the Grant Deed when conditions of this e scrow have been fulfilled by CITY and Seller.

c) Following recording of the Grant Deed, respond to any CITY request to provide CITY with a CLTA Standard Coverage Policy of Title Insurance in the amount of $610,040 issued by Commonwealth Land Title Insurance Compan y showing that title to the herein real Property Rights are vested in CITY, free and clear of all recorded and unrecorded liens, encumbrances, assess ments, other property, leases, taxes, and exceptions to title, except (i) County and CITY taxes not yet due and payable; and (ii) matters created by, through, or under CITY (collectively, the “Permitted Exceptions ”). CITY shall pay the title policy premium.

ii) CLOSE OF ESCROW - The term "close of escrow," if and where written in this Agreement, shall mean the date necessary instrument s of conveyance are recorded in the office of the County Recorder. Rec ordation of instruments delivered through this escrow is hereby authorized. The close of escrow and CITY’s obligation to consummate the transaction contemplated by this Agreement is subject to and conditioned upon evidence of an i rrevocable commitment of Commonwealth Land Title Insurance Company to issue its CLTA Standard Form Policy of Title Insurance showing title to the Ease ments by Easement Deeds free and clear of all recorded and unrecorded liens, enc umbrances, assessments, leases, taxes, and exceptions to title, except the Permitted Exceptions.

B. NO RELOCATION - Seller acknowledges and agrees that neither CITY’s acquisition of the Property Rights nor the construction and use of the Project have caused or will cause Seller to be a “displaced person” as that term is used in California’s Relocation Assistance Act (Gov.

Code §§ 7260 et seq.), California regulations (Titl e 25 of California’s Code of Regulations), the Uniform Relocation Assistance and Real Property Acq uisition Policies Act of 1970 (42 U.S.C. §§ 4601-4655), federal regulations (49 C.F.R. Part 24) . This paragraph shall survive the Close of Escrow.

C. SATISFACTION, WAIVER AND RELEASE – Seller, on be half of itself and its agents, successors and assigns, agrees that payment of the Purchase Price amounts to a full and complete satisfaction of all of the compensation due and owing to Seller for the acquisition of the Property Rights and the loss, damage, replacement and moving of any improvements located within the Property Rights areas. Seller for itself and for i ts agents, successors and assigns, fully releases, acquits and discharges CITY and its officers, offic ials, council members, employees, attorneys, 204

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accountants, other professionals, insurers, and agents, and all entities, boards, commissions, and bodies related to any of them (collectively, the “ Released Parties ”) from all claims that Seller and its agents, successors and assigns have or may have against the Released Parties arising out of or related to CITY’s acquisition of the Property Right s, including, without limitation, (i) compensation for loss of any improvements, including improvements pertaining to the realty, furniture, fixture, and equipment, (ii) compensatio n for loss of business goodwill, (iii) compensation for loss of income (past or future); (iv) compensation for damage to the remainder (i.e., severance damages) (v) economic or consequen tial damages, (vi) compensation for professional consultant fees and attorney’s fees and costs, (vii) pre-condemnation damages, (viii) any right to repurchase, leaseback from CITY, or re ceive any financial gain from, the sale of any portion of the Property Rights; (ix) any right to e nforce obligation(s) placed upon CITY pursuant to Code of Civil Procedure sections 1245.245 and 12 63.615; (x) any rights conferred upon Seller pursuant to Code of Civil Procedure sections 1245.2 45 and 1263.615 and 1263.025; and (xi) all other costs, and any and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or to be claimed, suffered or to be suffered, by Seller, its agents, successors and assigns by reason of CITY’s acquisition of the Property Rights, provided that nothing herein shall release claims of Seller for any liability re sulting from CITY’s breach of any agreement, obligation, warranty, or covenant for which it is r esponsible under this Agreement. This waiver does not apply to any claims for damage or injury t o any person or property arising from the construction of the Project due to the negligence o r willful misconduct of CITY’s agents or contractors constructing the Project. This paragraph shall survive the Close of Escrow.

Seller, on behalf of itself and its agents, successors and assigns, expressly waives all rights under Section 1542 of the Civil Code of the State of California, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Seller’s Initials: _________

D. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.

E. SUBORDINATION OF DEED OF TRUST - S eller acknowledges that the Property is encumbered by one or more Deeds of Trust recorded against the Property as security for Seller’s promise to pay money loaned to Seller (the “Deed of Trust”). Seller understands that CITY seeks to subordinate the Deed of Trust to the Easements t o preserve the permanence of said Easements. Seller agrees and consents to subordination of the Deed of Trust and will cooperate with CITY in all reasonable respects in seeking sub ordinations and partial reconveyances, 205

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including but not limited to signing documents rela ted to said subordinations/partial reconveyances, which agreement and consent will survive the close of escrow.

F. COMPLETE UNDERSTANDING - This Agree ment constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.

G. EFFECTIVE DATE – The effective date of this Ag reement shall be the date this Agreement is signed by the last party to sign the Agreement.

H. SUCCESSORS AND ASSIGNS – This Agreement shall be binding upon and shall inure to the benefit of Seller and CITY and their respective successors and assigns.

I. COUNTERPARTS AND FACSIMILE SIGNATURES – This A greement may be executed in counterparts and each fully-executed copy of the Ag reement shall have the same binding force and effect as an original. Facsimile signatures sh all have the same force and effect as original signatures.

J. TIME OF THE ESSENCE – Time is of the essence of each provision of this Agreement.

K. SURVIVAL – Any warranties, representations, pr omises, covenants, agreements, and indemnifications that this Agreement does not requi re to be fully performed prior to Close of Escrow shall survive Close of Escrow and shall be f ully enforceable after Close of Escrow in accordance with their terms.

L. RESTORATION OF PROPERTY - Buyer agrees that it will, at Buyer’s sole cost and expense, restore the Property Rights area to a cond ition as near as practicable to the condition that existed immediately prior to Buyer’s possession or use of the Property for the Project, unless otherwise agreed by the parties.

M. HAZARDOUS SUBSTANCES. To the best of Seller’s k nowledge, and/or except as revealed by Seller to Buyer herein, Seller has no a ctual knowledge that there are hazardous substances (as defined below) in existence on or below the surface of the Property, including without limitation, contamination of the soil, subs oil or groundwater, which constitutes a violation of any law, rule, or regulation of any governmental entity having jurisdiction thereof, or which exposes Buyer to liability to third parties. Seller has not used the Property, or any portion thereof, for the production, disposal, or storage ( whether by means of underground storage tanks or otherwise) of any hazardous substances, an d Seller has no actual knowledge that there has been such prior use of the Property, or any por tion thereof; or that there has been any proceeding or inquiry by any governmental authority with respect to the presence of such hazardous substances on the Property or any portion thereof. Without limiting the other provisions of this Agreement, Seller shall cooperate with Buyer's investigation of matters relating to the foregoing provisions of this paragraph, and provide access to and copies of, any data and/or documents dealing with potentially hazardous substances used at the Property and any 206

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disposal practices followed. Seller agrees that Bu yer may, with Seller 's prior approval, make inquiries of governmental agencies regarding such m atters, without liability to Seller for the outcome of such discussions. For purposes of this Agreement, the term "hazardous substances" means: (i) any substance, product, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environment Response, Compensation and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Hazardous Material Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Resources Conservation an d Recovery Act, 42 United States Code Section 6901 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Secti on 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 2 5100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Under ground Storage or Hazardous Substances); the California Hazardous Waste Management Act, Heal th and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 255 01 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Po rter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (t he above-cited California state statue are hereinafter collectively referred to as "the State Toxic Substances Laws") or any other federal, state, or local statute, law, ordinance, resolution , code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous or toxic substance hereafter in effect; (ii) any subst ance, product, waste, or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a stat e or federal court; (iii) petroleum or crude oil other than petroleum and petroleum products which a re contained within regularly operated motor vehicles; and (iv) asbestos.

N. POLLUTANTS. No pollutants or waste materials f rom the Property have ever been discharged by Seller into any body of water, and Se ller has no actual knowledge of any such pollution emission by any other person or entity.

O. WASTE DISPOSAL. No portion of the Property has ever been used by Seller as a waste storage or disposal site, and Seller is not aware of any such prior uses.

P. NONDISCRIMINATION - The parties to this Agreemen t shall, pursuant to Section

21.7(a) of Title 49, Code of Federal Regulations, c omply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title V I and the Code of Federal Regulations is to complete the USDOT – Non-Discrimination Assurance r equiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.

Further, no person in the United States shall, on t he grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.

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No Obligation Other Than Those Set Forth Herein Will Be Recognized or Enforceable.

Intex Properties Inland Empire Corp.,
a California Corporation

By: ________________________________
Jeffrey L. Pierson
Vice President

Date: _______________________________

By: _________________________________
Douglas M. Ford
Vice President

Date: _______________________________

Date: _____________ CITY OF FONTANA
a Municipal Corporation

By: ________________________________
Matt Ballantyne
City Manager

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EXHIBIT 1
FOR EXHIBIT ONLY – DO NOT SIGN

Recorded at the request of
City of Fontana

When Recorded Mail to:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Department of Engineering

This document is recorded for the benefit of the City of Fontana and is therefore exempt from the payment of the recording fee pursuant to Government code Section 6103 and from t he
payment of the documentary transfer tax pursuant to Revenue and Taxation Code Section 11922.

Space above this line for Recorder's Use

GRANT OF NONEXCLUSIVE PERMANENT ROADWAY EASEMENT

Assessor's Parcel Number(s): 0228-021-49, 0228-021-50, 0228-092-17, and 0228-091-28

FOR A VALUABLE CONSIDERATION, receipt of which is h ereby acknowledged, INTEX Properties Inland Empire Corp., a California Corporation (“GRA NTOR”), hereby grants to the City of Fontana, (“GRANTEE”), its successors and assigns, a nonexclu sive permanent roadway easement upon, in, on, over, through, across and along that certain real property in the City of Fontana, County of San Bernardino, State of California described as follows:

FOR LEGAL DESCRIPTION AND PLAT MAP, SEE EXHIBITS “A” AND “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

It is further understood and agreed that no other e asement or easements shall be granted upon, in, on, over through, under, across or along said strip of land by the GRANTOR or any person, firm, or corporation without previous written consent of said GRANTEE.

GRANTOR and their successor and assigns, shall not increase or decrease, or permit to be increased or decreased the now-existing ground elev ations of said easement and right-of-way without the previous written consent of GRANTEE.

GRANTOR, and their successors and assigns, further agree that no building, fences, walls or other permanent structures of any kind, and no deep roote d tree, deep rooted shrubs or other plants or vegetation shall be installed, constructed, erec ted, placed, planted or maintained in the 209

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easement area, and that no changes in the alignment or grading of the easement area will be made without prior written consent of the GRANTEE.

GRANTEE shall also have the right to mark the locat ion of the easement in a manner, which will not interfere with the GRANTOR’S reasonable and lawful use of said easement.

This instrument shall be binding upon and inure to the benefit of the successors and assigns of GRANTOR.

Dated this __________ day of ___________, 20______.

INTEXT PROPERTIES INLAND EMPIRE CORP.,
a California Corporation

By:

Jeffrey L. Pierson
Vice President

By:

Douglas M. Ford
Vice President

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ACKNOWLEDGMENT

State of California )
) ss
County of ___________ )

On before me,______________ ________________________, (Name of Notary)
personally appeared __________________________________________________________ who proved to me on the basis of satisfactory evidence to be t he person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh e/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 t he entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

(Notary Signature)

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.
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EXHIBIT 2
FOR EXHIBIT ONLY – DO NOT SIGN

LICENSE AGREEMENT

Assessor's Parcel Number(s): 0228-012-05, 0228-012-06, 0228-021-50, 0228-092-03, 0228-092-17, and 0228-092-20

FOR A VALUABLE CONSIDERATION, receipt of which is h ereby acknowledged, INTEX ProperPes Inland Empire Corp., a California CorporaPon (“LICE NSOR”), hereby grant(s) to the CITY OF FONTANA, a Municipal corporation, (“LICENSEE”), its successors and assigns, an irrevocable license in furtherance of the Building a Better Connected Inland Empire Project ( “Project” )by the LICENSEE in, on, over, through, under, across and a long that certain real property in the City of Fontana, County of San Bernardino, State of California described as follows:

SEE EXHIBITS “A-1, A-2, A-3, A-4, A-5, A-6, and A-7” ATTACHED

HERETO AND MADE A PART HEREOF
(hereinaQer, the “Licensed Area”).

Reasonable access to LICENSOR’s property across the Licensed Area shall be maintained by LICENSEE at all Pmes during the term of this License.

The term of the License shall be for a period not to exceed forty-eight (48) months, commencing upon LICENSOR’s receipt of wriRen noPce from the LICENSEE, with a copy sent to the appropriate escrow agent at Commonwealth Land Title Insurance Company.

At the expiraPon of the License term, LICENSEE shal l at its sole cost and expense restore such property to a condiPon as near as pracPcable to the condiPon that existed immediately prior to LICENSEE'S operaPons. LICENSEE will exercise its b est eﬀorts to restore vegetaPon in like kind; however, exact restoraPon of vegetaPon to its pre-exisPng condiPon as to size and species, shall not be required.

The promises, obligaPons, and rights conveyed to LI CENSEE herein may not be unilaterally revoked by LICENSOR. Moreover, the promises, oblig aPons, and rights conveyed herein are binding upon and inure to the beneﬁt of and upon LICENSOR and LICENSEE, their respecPve heirs, executors, administrators, successors, assigns and devisees, and are covenants running with the land pursuant to applicable law, including but not limited to SecPon 1468 of the Civil Code of the State of California.

///

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///

Upon request by LICENSEE, LICENSOR agrees to execut e and LICENSEE shall record a memorandum of this Agreement. Following expiraPon of the License term, LICENSEE shall record a quitclaim exPnguishing all of its rights to this License.

DATED: __________, 2026 CITY OF FONTANA, a Municipa l CorporaPon

By: _____________________________
Matt Ballantyne
City Manager

DATED: _______________, 2026 INTEX ProperPes Inland Empire Corp., a California CorporaPon

By: ________________________________
Jeﬀrey L. Pierson
Vice President

By: ________________________________
Douglas M. Ford
Vice President

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ACKNOWLEDGMENT

State of California )
) ss
County of ___________ )

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

WITNESS my hand and official seal.

(Notary Signature)

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CERTIFICATE OF ACCEPTANCE

NONEXCLUSIVE PERMANENT ROADWAY EASEMENT

This is to certify that the interest in the real pr operty conveyed by the Grant of Permanent Easement (Assessor Parcel Nos.
0228-021-49, 0228-021-50, 0228-092-17, and 0228-091 -28 ) dated _______________________from INTEX Properties Inland Empire Corp., a California Corporation, (“GRANTOR”) to the CITY OF FONTANA, A MUNICIPAL CORPORATION (“GRANTEE”) , is hereby accepted by the undersigned on behalf o f the undersigned officer pursuant to authority conferred by Resolution 91-152 of the City Council adopted July 16, 1991; and the GRANTEE consents to recordation thereof by its duly authorized officer.

Date Gia Kim
Public Works Director/Engineer

215
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0891 Agenda Date: 4/14/2026
Agenda #: I. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Purchase of Artificial Turf Replacement Materials for Fields #5 and #6 at Ralph M. Lewis Park.

RECOMMENDATION:

1. Authorize the Purchasing Division to utilize the California Multiple Awards Schedule (CMAS) contract #4-06-78-0031A to procure Artificial Turf Replacement Materials and Nailer Boards Replacement per Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal.

2. Approve the purchase from FieldTurf USA, Inc. in the not to exceed amount of $856,953.68 for the synthetic turf and materials.

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

DISCUSSION:

The artificial turf fields at Ralph M. Lewis Park were last replaced in 2015. Since then, the original 8- year warranty period has expired, and they are nearing the end of their expected service life.

The attached CMAS Pricing Proposal from FieldTurf USA, Inc. includes the supply of all materials required to replace the existing artificial turf on Fields #5 and #6. The total cost is $415,542.01 for Field #5 and $399,747.67 for Field #6. The proposal also includes a 10-year, third-party, pre-paid insured warranty upon completion of installation.

The proposal from FieldTurf also includes pricing for the optional replacement of Nailer Boards, which secure the edges of the new turf during installation (Proposal Alternate A1). The existing Nailer Boards will remain in place and be reused unless their condition at the time of turf removal warrants replacement. To account for this possibility, funding in the amount of $41,664.00 is being requested to cover the potential replacement of up to 2,400 linear feet of Nailer Boards, if necessary.

Installation of the materials requires a competitive process. Therefore, staff will bring forward a separate contract for approval of the labor and installation of these fields, which will include the removal and disposal of the existing turf. These field replacements are scheduled to begin in July of 2026 and be completed in August of 2026.

FISCAL IMPACT:

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File #: 26-0891 Agenda Date: 4/14/2026
Agenda #: I. Category: Consent Calendar
The total fiscal impact for this purchase is $856,953.68. Funding is included in the Fiscal Year 2026- 2027 operating budget in Org# 60437200-8130.

MOTION:

Approve Staff Recommendation
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CMAS PRICING PROPOSAL

RALPH M. LEWIS PARK FIELDS 5 AND 6

MATERIALS ONLY

March 9, 2026
FieldTurf USA Inc. is pleased to present the following proposal. FieldTurf pricing is based on the current FieldTurf CMAS Contract (4-06-78-0031A). FieldTurf California License 849044.

Click the follow CMAS hyperlink for CMAS due diligence documentation: CMAS Contract: 4-06-78-0031A

Ralph Lewis Park - Field 6
Synthetic Turf - Materials Only
FieldTurf Vertex Core 2.5" with CoolPlay (Materials taxable) 75,421 SF $2.9163 $219,950.44 FieldTurf Vertex Core 2.5" with CoolPlay (Materials Nontaxable) 75,421 SF $1.8822 $141,955.46 Inlaid Soccer Markings 1 EA $9,974.81 DONATED
Inlaid Football Numbers & Arrows 1 EA $20,629.72 DONATED Inlaid Football Hashmarks 1 EA $9,500.00 DONATED
Inlaid Football Media Lines 1 EA $10,450.01 DONATED
Inlaid Center Logo (Approx. 46'-8" x 41'-6" (2 Colors) 1 EA $14,140.00 $14,140.00 Taxes 1 LS $19,254.64 $19,254.64
A 10-year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface
1 EA Included Included

Subtotal Synthetic Turf $395,300.54
Ralph Lewis Park - Field 5
Synthetic Turf - Materials Only
FieldTurf Vertex Core 2.5" with CoolPlay (Materials taxable) 77,158 SF $2.9178 $225,132.34 FieldTurf Vertex Core 2.5" with CoolPlay (Materials Nontaxable) 77,158 SF $1.9622 $151,400.78 Inlaid Soccer Markings 1 EA $9,974.81 DONATED
Inlaid Football Numbers & Arrows 1 EA $20,629.72 DONATED Inlaid Football Hashmarks 1 EA $9,500.00 DONATED
Inlaid Football Media Lines 1 EA $10,450.01 DONATED
Inlaid Center Logo (Approx. 46'-8" x 41'-6" (2 Colors) 1 EA $14,140.00 $14,140.00 Taxes 1 LS $20,245.06 $20,245.06
A 10-year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface
1 EA Included Included

Subtotal Synthetic Turf $410,918.18

Payment and Performance Bonds 1 LS $4,622.83 $4,623.83

Total - Ralph Lewis Park - Field 5 - Materials only 1 LS $415,542.01 218

CMAS PRICING PROPOSAL

Performance & Payment Bonds 1 LS $4,447.13 $4,447.13

Total - Ralph Lewis Park - Field 6 - Materials only 1 LS $399,747.67

Voluntary Alternates for all Fields
A1 Nailer Board replacement (if required) 1 LF $17.17 $17.17 Performance & Payment Bonds 1 LS $0.19 $0.19
Total Alternate #1 $17.36/LF

PRODUCT DETAILS
FieldTurf, the worldwide leader in artificial turf, is pleased to offer the FieldTurf Vertex CORE 2.5” (FTVTC-1-CP) with CoolPlay system, with the following product characteristics:

Pile Height: 2.5 Inches
Infill Weight: 6.2lbs sand, 2.4lbs cryo & 0.6 CoolPlay per sq.ft.

Pile Weight: 47 oz/yd2
Total System Weight: 1393 oz/yd2

FieldTurf has taken the necessary steps to ensure that your project will run smoothly and that the quality promised will be the quality delivered.

PRICE INCLUDES: MATERIALS ONLY

a) Supply of synthetic turf (Vertex CORE 2.5")
b) A 10-year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface. c) Inlaid Football Marking (2 sets, 1 per field).
d) Inlaid Soccer Markings (2 sets, 1 per field).
e) Inlaid Center Logo (Approx. 46'-8" x 41'-6" (2 Colors) 1 per field. f) Prevailing Wages.
g) Payment & Performance Bonds.
h) Taxes.

NOTE: Materials must be installed by an exclusive certified FieldTurf installer.

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CMAS PRICING PROPOSAL

PRICE DOES NOT INCLUDE:

a) Removal and disposal of the existing synthetic turf. b) Regrade of the existing stone base.
c) Installation of the synthetic turf field.
d) Installation of inlaid field graphics.
e) Installation of inlaid sport markings.
f) Installation of the versatile drainage tile and liner. g) The base upon which the FieldTurf artificial turf surface will be placed. FieldTurf shall not be responsible for the stability, the porosity, nor the approval of the base upon which the FieldTurf surface will be installed, the drainage system, nor any construction or modification of existing installations around the fields.
h) FieldTurf is not altering or improving the existing drainage system under the existing artificial turf limits. No removal, milling, ponding, flooding or repairs within the existing base and drainage system are included and shall remain the responsibility of the owner. i) The supply, replacement, installation and/or modification of the existing field edging, perimeter nailer board or existing inner concrete curbing within the artificial turf limits. j) The supply and import of additional finish aggregate. k) Any costs associated with necessary charges relating to the delineation of the field. l) Unless otherwise specified, the price does not include any G-max testing. m) The supply of or adjustment to existing manholes, clean-outs or grates and supply of the manhole covers.
n) The supply of or adjustments to existing manholes, clean-outs or grates, and supply of the manhole covers.
o) Any alteration or deviation from specifications involving extra costs, which alteration or deviation will be provided only upon executed change orders and will become an extra charge over and above the offered price.
p) Site security.
q) Repair or resurfacing existing asphalt parking lot if damaged by truck traffic. r) Site restoration, sodding, landscaping or grow-in.
s) Permit fees, Inspection fees.
t) A vehicle to tow FieldTurf maintenance equipment.
u) FieldCare Maintenance Program.
v) Maintenance equipment.
w) Newly imposed Tariffs.
x) Anything not explicitly noted in the inclusions.

The pricing set forth in this proposal is based on applicable tariffs, duties, and taxes in effect as of the proposal date. Any new or increased tariffs, duties, taxes, or similar charges imposed by the United States Government, whether at the federal or state level, on products included in this proposal after the proposal date shall be the sole responsibility of the Customer and will result in an adjustment to the 220

CMAS PRICING PROPOSAL

proposed price accordingly. FieldTurf USA, Inc. reserves the right to modify pricing to reflect such additional costs, and the Customer agrees to bear any such increases.

The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction. The parties recognize that the effects of global economic instability are currently unpredictable and could lead to limitations in labor availability and delays in the supply and delivery of materials, equipment or products.

In addition, as these contingencies have not been factored into this proposal, materials, equipment and/or products to be used in performing the work may become subject to a price increase. Accordingly, it is acknowledged that the seller/FieldTurf shall (a) not be subject to any damages for any delay due to events beyond its control and, (b) be allowed an equitable adjustment of the time and/or of the price of this proposal or any contractual document resulting therefrom. FieldTurf shall endeavor to notify you as soon as possible of any such events and/or contingencies.

Please note that the seller/FieldTurf shall use its best efforts to ensure that it fulfills its commitments and will strive to minimize any negative impacts as they may arise. Thank you for your kind understanding.

Please feel free to reach out to any member of our project team with questions about our offer:

Dino Di Maulo Cal Watson
Project Manager Regional Sales Manager
(514) 375-2577 (858) 353-2366
[email protected] [email protected]

Thank you again for your interest in FieldTurf, we look forward to working with you.

Per:

Marie-Christine Raymond, Vice President of Customer Operations FieldTurf USA, Inc. / Tarkett Sports Canada, Inc.

FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out to FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701 If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact Eric Fisher at: [email protected].

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CMAS PRICING PROPOSAL

a) This bid proposal and its acceptance is subject to
strikes, accidents, delays beyond our control and
force majeure.
b) FieldTurf’s preferred payment terms are as
follows: (i) 50% of the Price upon Customer’s
execution of contract; (ii) 40% of the Price upon
shipment of materials from FieldTurf’s
manufacturing facility; and (iii) Remaining balance
of ten percent (10%) upon substantial completion
of the field, which shall be achieved when
Customer is able to use the field for its intended
purpose, even if punchlist items remain and the
Certificate of Completion has not been executed
by Customer.
c) Accounts overdue beyond 30 days of invoice
date will be charged at an interest rate of 10%
per annum.
d) FieldTurf requires a minimum of 21 days after
receiving a fully executed contract or purchase
order and final approvals on shop drawings to
manufacture, coordinate delivery and schedule
arrival of installation crew. Under typical field size
and scenario, FieldTurf further requires a minimum
of 28 days per field to install the Product subject to
weather and force majeure

e) FieldTurf requires a suitable staging area. Staging
area must be square footage of field x 0.12, have a
minimum access of 15 feet wide by 15 feet high, and,
no more than 100 ft from the site. A 25 foot wide by
25 foot long hard or paved clean surface area
located within 50 feet of the playing surface shall be
provided for purposes of proper mixing of infill

CONDITIONS
Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and installation only of its product pursuant to the present bid proposal, the following shall apply:
material. Access to any field will include suitable
bridging over curbs from the staging area to permit
suitable access to the field by low clearance vehicles.

Staging area surface shall be suitable for passage
with motor vehicles used to transport materials to the
site and/or staging area. FieldTurf shall not be liable for any damages to the staging area or its surface
unless such damages are caused by FieldTurf’s
intentional misconduct or negligence.
f) This proposal is based on a single mobilization. If
the site is not ready and additional mobilizations
are necessary, additional charges will apply.
g) Upon substantial completion of FieldTurf’s
obligations, the Customer shall sign FieldTurf’s
Certificate of Completion in the form currently in
force; to accomplish this purpose, the Customer will
ensure that an authorized representative is present
at the walk-through to determine substantial
completion and acceptance of the field, which may
include a list of punch list items.
h) FieldTurf shall not be a party to any penalty clauses and/or liquidated damages provisions.
i) FieldTurf shall be entitled to recover all costs and expenses, including attorney fees, associated with
collection procedures in the event that FieldTurf
pursues collection of payment of any past
due invoice.
j) All colors are to be chosen from FieldTurf’s
standard colors.

THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING 222
Project Site

223
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0901 Agenda Date: 4/14/2026
Agenda #: J. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Anchor Easement with Southern California Edison Company on City Property Adjacent to Armstrong Road
RECOMMENDATION:

1. Approve and authorize the City Manager sign the Anchor Easement with Southern California Edison Company on City Property adjacent to Armstrong Road.

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

DISCUSSION:

On March 26, 2019, the City Council approved Ordinance Nos. 1800, 1801, and 1802 approving Specific Plan Amendment No. 11-003, along with certification of the Final Environmental Impact Report (FEIR) (State Clearing House No. 2012071058) for the West Valley Logistic Specific Plan Project and included approvals for General Plan Amendment No. 11-026 and Zone Change No. 11- 016 to redesignate the land use designation of the site to Light Industrial, Development Agreement No. 11-002, and Tentative Parcel Map No. 19156 (TPM No. 13-005) to subdivide the site into nine (9) parcels for the development of the Specific Plan that anticipated the development of seven (7) industrial commerce center buildings.

On August 16, 2022, the Planning Commission approved Master Case No. 21-072, Revision to Tentative Parcel Map No. 19156 (TPM No. 13-005 R1) and Design Review No. 21-027 and adopted Resolution No. PC 2022-034. To adhere to the conditions of approval, the developer has dedicated public right-of-way to the City for the widening of Locust Avenue and Armstrong Road to the width required by the General Plan and will relocate the electrical facilities to be outside the roadway at no cost to the City.

On January 13, 2026, the City Council approved a Joint Use Agreement with Southern California Edison Company (SCE) to maintain their existing prior rights for relocated electrical facilities in their new locations on Locust Avenue and Armstrong Road. These facilities include overhead transmission lines that carry more than 36 kV power and therefore are not required to be placed underground. Two (2) of the relocated power poles on Armstrong Road required additional anchoring due to the change in direction of the overhead power lines. To effectively support the two power poles, the guy anchors City of Fontana Printed on 4/9/2026Page 1 of 2
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File #: 26-0901 Agenda Date: 4/14/2026
Agenda #: J. Category: Consent Calendar
in direction of the overhead power lines. To effectively support the two power poles, the guy anchors are required to be placed outside of the right-of-way of Armstrong Road and on City-owned property to the west. SCE is therefore requesting an easement for each guy wire location to be able to install and maintain the anchors on City Property.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

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RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

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

ATTN: TITLE & REAL ESTATE SERVICES

ANCHOR EASEMENT

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73784A Service Order No. 802515962
Location: City of Fontana
A.P.N.: 0194-401-10
T&LM File No.: ACQ204468736
SCE Doc No.: 534068
___________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
Real Properties

BY SF DATE 09/11/2025

The CITY OF FONTANA, a California municipal corporation , do (does) hereby grant to SOUTHERN CALIFORNIA EDIS ON COMPANY, a corporation, its successors and assigns, (hereinafter referred to as "Grantee"), an easement to construct, use, maintain, alter, add to, repair, replace, inspect, relocate and/or remove at any time and from time to time, stub poles, guy wires, anchors and other appurtenant fixtures and/or equipment needed for anchorage purposes (hereinafter referred to as "Grantee’s Facilities"), in, on, over and across two (2.0) strips of land (the “Easement Areas”) lying within that certain real property of the Grantor, situated in the County of San Bernardino, State of California, described as follows:

THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS “OPEN SPACE AREA 1,” AS IN THAT CERTAIN GRANT DEED, RECORDED AUGUST 15, 2022, AS INSTRUMENT NO. 2022-0279980, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Said Easement Areas are more particularly described on the Exhibit “A” and more particularly shown on the Exhibit “B ,” both attached hereto and by this reference made a part hereof.

The Grantee shall have free access to said facilities, and every part thereof, at all times, for the purpose of exercising the rights herein granted.

Grantor shall not grant any other easement or easements on, over or under the Easement Area nor permit facilities to be installed in the Easement Area without Grantee’s prior written consent in each instance.

(THIS SPACE LEFT INTENTIONALLY BLANK; SIGNATURE PAGE TO FOLLOW)

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CITY INDEX # 6338
226
Anchor Easement
The City of Fontana, to
S.C.E., a corp.

Serial No. 73784A
T&LM File No. ACQ204468736

2 EXECUTED this _______ day of _____________________ , 20_______.

CITY OF FONTANA,
a California municipal corporation

By
Name
Its

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 _______________________________

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CITY INDEX # 6338
227
Anchor Easement
The City of Fontana, to
S.C.E., a corp.

Serial No. 73784A
T&LM File No. ACQ204468736

3 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 )

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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CITY INDEX # 6338232
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0902 Agenda Date: 4/14/2026
Agenda #: K. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve City of San Bernardino Animal Shelter Services Agreement Amendment No. 1 RECOMMENDATION:

1. Approve Agreement Amendment No. 1 with the City of Fontana and San Bernardino City Animal Sheltering Services Contract.

2. Authorize the City Manager to enter into any and all future contract amendments on behalf of the City of Fontana.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by correcting problems immediately. · Concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.

DISCUSSION:

The original animal service contract between City of Fontana and the City of San Bernardino was approved April 30, 2024 for a three year contract July 2024 - June 2027. The contract included cost for the animal shelter site improvement and animal shelter services provided for intake of animals.

City of San Bernardino has evaluated the last two years of operation and have proposed Amendment No. 1 to update cost allocation structure based on data collected. Under the new proposal, City of Fontana’soriginal 24% shared cost will decrease to 12.8%. The restructuring of cost would include direct operational costs, shared operational costs, indirect administrative cost, and a 3% Consumer Price Index (CPI) adjusted to the final year-end reconciliation (true-up) billing. The proposed amendment is attached with details. Staff recommends approving this amendment to utilize the City of San Bernardino for animal sheltering services for the remainder contract year July 1, 2026 - June 30, 2027.

FISCAL IMPACT:

The original contract anticipated an annual fiscal impact of approximately $647,916 on animal shelter services. However, actual cost in the first year totaled $764,954.62. The City is currently in the second year of the contract, with projected costs expected to exceed $780,000.

Amendment No. 1 proposes a reduced cost-sharing percentage for the City of Fontana for year three but also introduces additional administrative charges that were not included in the original City of Fontana Printed on 4/9/2026Page 1 of 2
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File #: 26-0902 Agenda Date: 4/14/2026
Agenda #: K. Category: Consent Calendar
but also introduces additional administrative charges that were not included in the original agreement. As a result of the changes, year three contract per Amendment No. 1 is estimated at $705,865.08, representing an increase of over $57,000 compared to the original contract estimate but less than actual cost incurred in first year. This amount remains subject to change based on actual animal shelter service usage throughout the year.

Funding for the animal sheltering services is included in the approved departmental budget fiscal year 2026/2027. However, should service demands exceed budgeted amounts, additional funding may be requested through the appropriate budget adjustment process.

MOTION:

Approve staff recommendation.

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AMENDMENT NO. 1 TO

ANIMAL SHELTER SERVICES AGREEMENT

WITH THE CITY OF

This Amendment No. 1 to the Animal Shelter Services Agreement for is made and entered into as of July 1st , 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and the City of Loma Linda, a municipal corporation (“Shelter Partner”). City and Shelter Partner are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Shelter Partner have entered into an agreement, dated June 1, 2024, for the purpose of providing animal shelter services (the “Original Agreement”);
B. WHEREAS, the City, the Shelter Partner and the cities of Fontana, Grand Terrance, Loma Linda, Colton and Rialto ( individually, “Participant”, collectively, the "Participants" ), have entered into an agreement, dated July 1, 2024, for the purpose of memorializing conditions of the animal shelter services, constructing a new shelter, and establishing cost-sharing allocations (the “Participation Agreement”); C. WHEREAS, the City retained the right to renegotiate the terms and amend expense amounts and billing costs of the Participation Agreement and the Original Agreement as needed to reflect relevant factors;
D. WHEREAS, given changes in levels of use , increased costs, and inability to adequately account for costs incurred, the City chooses to exercise that right, and the Shelter Partner consents to the proposed changes;
E. WHEREAS, the Parties now desire to amend the Original Agreement in order to revise the monthly billing amounts and ensure accurate cost-sharing amounts.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Operational Expenses. Section I. E.1 “Allocation of Operational Expenses” shall be removed in its entirety and replaced with the following:
“The operational cost for Services owing pursuant to this Agreement, calculated with respect to Shelter Partner, each remaining Participant, and the City, shall include their portion of the following costs, calculated and 235

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assessed on a quarterly basis: (1) all annual costs of operation of the Shelters, including salaries and benefits for all shelter staff, including administrative staff, that contribute to the operation of the Shelters, and (2) other indirect costs related to the operation of the shelters, including but not limited to building maintenance, budgeting, recruitment, and security expenses .

An estimated amount for staff salaries, staff benefits, and indirect costs are depicted in Exhibit D attached hereto and incorporated herein by reference. These estimates are subject to reasonable modification to reflect factors including, but not limited to, a necessary increase in shelter staff and the number of cities that elect to procure Services from the City and such cities’ usage needs. Shelter Partner acknowledges that the division of all operational costs among the Participants allows for costs efficiencies and operational savings to each Participant and that each Participant has entered into their respective Services Agreements in reliance on such shared costs and resulting savings. Each Participant, to provide assurance of such continued cost efficiencies to each remaining Party, hereby expresses its commitment to procure Services from the City for a period of three (3) years with an opportunity to extend the agreement for an additional two (2) one (1) year periods and acknowledges the financial burden that any breach of this commitment would have on all other Parties. To that end this Services Agreement shall each provide for a three (3) year term of service in accordance with Section II of this Agreement.”

3. Compensation for Services. Section III shall be removed in its entirety and replaced with the following:
“Shelter Partner shall reimburse City for the services performed and the expenses incurred in accordance with Exhibit E, “Updated Compensation for Animal Care Shelter Services”, attached hereto and incorporated herein by reference. City shall invoice Shelter Partner on a quarterly basis for such Services, based upon Shelter Partner’s use percentage from the prior fiscal year. Upon closing of the each fiscal year, the City shall recalculate Shelter Partner’s actual use percentage, and impose an additional three (3) percent annual fee onto the Shelter Partner, based upon those actual use amounts.

City shall invoice Shelter Partner additional costs based upon the difference between their prior and actual use percentages. If Shelter Partner’s actual use percentage is lower than the prior fiscal year percentage used, the City shall calculate the difference over -billed and notify Shelter Partner of the amount (said amount shall be credited to Shelter Partner’s future payments.) Payment shall be due and payable by Shelter Partner within 30 days following its receipt of the City’s invoice. Shelter Partner acknowledges that payments for Services does not reduce or offset amounts owing towards the Improvements.”
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4. Amendment to Exhibit D. Exhibit D shall be removed in its entirety and replaced with the attachment, “Exhibit D: Updated Estimated Salaries of Shelter Staff.”

5. Amendment to Exhibit E. Exhibit E shall be removed in its entirety and replaced with the attachment, “Exhibit E: Updated Compensation for Animal Care Shelter Services.”

6. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

7. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original execu ted copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

8. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

237

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE ANIMAL SHELTER SERVICES AGREEMENT

WITH THE CITY OF

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO,
a charter city and municipal corporation

By:__________________________
Eric Levitt
City Manager

CITY OF ,
a municipal corporation

By:__________________________

City Manager

ATTEST:

By:___________________________
Telicia Lopez
City Clerk

ATTEST:

By:___________________________

City Clerk

APPROVED AS TO FORM:

By:___________________________
Thomas Rice
City Attorney

APPROVED AS TO FORM:

By:___________________________
City Attorney

238

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EXHIBIT D

UPDATED ESTIMATED ADDITIONAL COSTS

Each Participant’s percentage share is based upon their use percentage from the prior fiscal year.

239

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EXHIBIT E

UPDATED COMPENSATION FOR ANIMAL CARE SHELTER SERVICES

The Shelter Partner, City of Loma Linda shall be billed on a quarterly basis, based on their percentage of share from Exhibit D, for actual staffing costs, other shelter related expenses, and all indirect costs. The City shall send an itemized billing to the shelter partner at the beginning of each quarter for services rendered in the preceding three- month period. Payment is due to City by the Shelter Partner within 30 calendar days of their receipt of the invoice.

Upon closing of the current fiscal year, the City shall calculate Shelter Partner’s actual use percentage, which will include a three (3) percent CPI annual fee to account for uncaptured operational and service expenses, and invoice Shelter Partner for additional “true-up” costs based upon the difference between their prior and actual use percentages. If Shelter Partner’s actual use percentage is lower than the prior fiscal year percentage used, the City shall calculate the difference over-billed and notify Shelter Partner of the amount. Said amount shall be credited to Shelter Partner’s future payment(s).

Additional Costs which may be billed to Shelter Partners at actual cost:
• Livestock, including domestic cattle and equine to be housed and cared for at contracted stables.
• Emergency veterinary visits at contracted veterinary hospitals to be approved by Shelter Partner for after-hours emergencies and Animal Cruelty cases where specialized treatment or necropsies are necessary.
• Extra deceased animal disposal requests from Shelter Partner, including large livestock disposals located in Shelter Partner’s Jurisdiction. • Additional supplies as needed, including veterinary medical supplies and pet food at cost.
• Other indirect costs accrued over a billing period, including building maintenance and budgeting fees.

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: March 18, 2026
To: Honorable Mayor and City Council Members
From: Jasmine Glover-McNamara, Director of Animal Services Department: Animal Services
Subject: Amendment No. 1 to the Regional Partnership
Agreements for Animal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-030 authorizing the City Manager to finalize and execute amendments to the Regional Partnership Agreements effective July 1, 2026 with the Cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto, to update the cost allocation and ensure full cost recovery for regional animal sheltering services.

City Manager's Comments
The City Manager recommends approval. This represents a couple of changes. The percentages are changed in the Regional Partnership Agreements based on the number of animals taken in over the previous contract. It also reflects an updating the agreements to incur the full costs of the operation of the animal shelter services.

Executive Summary
Pursuant to the Regional Partnership Agreements for animal shelter services with the Cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto, the City of San Bernardino Animal Services Department began receiving animals from partner jurisdictions on June 27, 2024. With a full year of operational and financial data now available, the Department has evaluated the costs associated with providing regional animal sheltering services.

The proposed amendment updates the cost allocation structure by transitioning from the original incremental cost recovery model, which only captured the cost of additional positions added to support the partnership, to a full operational cost allocation model that more accurately reflects the total cost of providing shelter services. Under the proposed structure, the cost allocation will include the salary and benefits of all shelter personnel involved in operations, including full-time employees, seasonal temporary 241
assignment staff (SBTS), and per diem veterinarians, as well as applicable administrative and indirect costs associated with operating the shelter. The amendment also introduces a 3% Consumer Price Index (CPI) adjustment applied during the annual reconciliation process to account for inflationary increases in operational costs.

These amendments are intended to ensure that the City of San Bernardino achieves full cost recovery for regional animal sheltering services provided to partner jurisdictions while maintaining transparency and equitable cost distribution based on each city’s utilization of shelter services.

Background
On December 6, 2023, the Mayor and City Council authorized the City Manager to finalize and execute agreements with the Cities of Colton, Fontana, Loma Linda, Grand Terrace and Rialto to house animals at the shelter, beginning July 1, 2024 for a 3-year term expiring June 30, 2027. The Department now has a full year of impound and cost data associated with the influx of animals associated with the Partnership.

The Department is recommending amendments to the original agreements to update the cost allocation structure, adjust each city’s share of operational expenses based on actual shelter usage, incorporate staffing and indirect costs associated with providing regional animal sheltering services, and implement a Consumer Price Index (CPI) adjustment to account for inflationary increases in operational costs.

Discussion
Following the implementation of the Regional Partnership Agreements for animal sheltering services, the Department of Animal Services began receiving animals from the partner cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto on June 27, 2024. With a full year of operational and financial data now available, the Department has conducted a comprehensive review of intake volumes, operational demands, and associated costs related to providing sheltering services to partner jurisdictions.

The original agreements anticipated the addition of thirty (31) new positions to support the increased service demand associated with the regional partnership, and the cost allocation methodology initially reflected only the salary and benefits associated with those additional positions. However, after reviewing a full year of operational and financial data, the Department determined that this approach does not fully capture the true cost of providing regional sheltering services. While the additional positions were necessary to support the partnership, the shelter operates as a fully integrated system in which all personnel contribute to the intake, care, medical treatment, and placement of animals regardless of their originating jurisdiction. As a result, the Department is recommending that the cost allocation structure be updated to include the salary and benefits of all shelter staff involved in operations, including the Department’s seventy (70) full-time employees, two (2) part-time permanent employees, ten (10) seasonal temporary assignment staff (SBTS), and five (5) per diem veterinarians. This revised 242
structure more accurately reflects the total staffing resources required to operate the shelter and support the regional partnership.

The table below summarizes the original contract percentages and the proposed amended percentages based on the actual number of animals impounded at the shelter by jurisdiction during Fiscal Year 2024–2025:

The amendment also incorporates indirect costs associated with providing regional animal sheltering services. Under the updated cost allocation structure, the total cost of providing services includes direct operational costs, shared operational costs, and indirect administrative costs. Direct operational costs include expenses directly associated with caring for animals, such as staffing, veterinary services, and shelter supplies. Shared operational costs include expenses related to maintaining shelter facilities and services utilized by all participating jurisdictions. In addition, the amendment incorporates indirect costs that support shelter operations but are provided by other City departments. These indirect costs are calculated based on the rates established in the City’s Cost of Fee Study completed by Matrix Consulting Group in January 2023 and reflect administrative and operational support provided by departments such as Human Resources for recruitment, onboarding, offboarding, and personnel matters; Finance for budgeting, accounting, and fiscal oversight; Payroll for employee compensation processing; and Facilities for building maintenance and infrastructure support.
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Finally, to ensure the City maintains full cost recovery over time, the Department is recommending the addition of a 3% Consumer Price Index (CPI) adjustment to the final year-end reconciliation (true-up) billing. This adjustment will help account for inflationary increases in operational costs and ensure that the City is able to continue providing high-quality sheltering services without shifting regional service costs onto City of San Bernardino residents.

Capital Improvement Project (CIP) costs associated with shelter construction and improvements were originally billed at approximately $4 million and have already been expended for shelter improvements. Pursuant to the terms of the agreement, participating jurisdictions are repaying their proportional share of these capital costs over the three-year contract term through June 30, 2027. Because these costs represent fixed capital expenses rather than ongoing operational costs, they are excluded from the CPI adjustment.

The table below summarizes the Fiscal Year 2024–2025 Amended Budget Compared to Actual Total Billing and Payments Received:

The table below summarizes the updated cost allocation structure based on FY 2024– 2025 intake data and projected Fiscal Year 2026–2027 operational costs:

These amendments ensure that the cost of providing animal shelter services to partner jurisdictions is fully recovered and that the City of San Bernardino’s residents are not subsidizing services provided to other municipalities.
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2021-2025 Strategic Targets and Goals
Aligns with Strategic Goal #1: Improved Operational & Financial Capacity by ensuring the City receives full cost recovery for services provided and Strategic Goal #3:

Improved Quality of Life by partnering with other entities in the Region, ensuring consistent, stable animal services for our residents and those of neighboring cities.

Fiscal Impact
Approval of the proposed amendment to the Regional Partnership Agreements will update the cost allocation structure for regional animal sheltering services to ensure full operational cost recovery, including staffing, shared operational costs, and indirect administrative costs. Based on Fiscal Year 2025–2026 operational data, the amendments are projected to generate approximately $1.63 million in additional cost recovery from partner cities, including updated operational allocations, indirect costs, and CPI adjustments. The revised billing structure ensures that costs associated with animals originating from partner jurisdictions are recovered through the regional partnership agreements and are not subsidized by the City of San Bernardino.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-030 authorizing the City Manager to finalize and execute amendments to the Regional Partnership Agreements effective July 1, 2026 with the Cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto, to update the cost allocation and ensure full cost recovery for regional animal sheltering services.

Attachments
Attachment 1 Amendment No. 1 to the Regional Partnership Agreement
Attachment 2 Colton – Signed Shelter Partnership Agreement Attachment 3 Fontana – Signed Shelter Partnership Agreement Attachment 4 Grand Terrace – Signed Shelter Partnership Agreement
Attachment 5 Loma Linda – Signed Shelter Partnership Agreement Attachment 6 Rialto – Signed Shelter Partnership Agreement Attachment 7 Resolution 2026-030; Amendment to the Regional Partnership Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

December 6, 2023 Adopt Resolution 2023-188 Authorizing the City Manager to finalize and execute participation agreements with the Cities of Colton, Fontana and Rialto to house animals at the shelter located at 333 Chandler Place in the City of San Bernardino Regional Partnership for Animal Services.
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April 17, 2024 Adopt Resolution No. 2024-067 Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements – Site Improvement Costs
May 15, 2024 Adopt Resolution No. 2024-096 Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements – Staffing Costs
April 2, 2025 Adopt Resolution 2025-269 allocating $700,000 for Revenues and Expenses Related to the Regional Partnership Agreements in the FY 2024-2025 Budget.

August 20, 2025 Adopt Resolution 2025-354 allocating $1,090,000 for Revenues and Expenses Related to the Regional Partnership Agreements in the FY 2025-2026 Budget.

CC: Eric Levitt, City Manager

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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0909 Agenda Date: 4/14/2026
Agenda #: L. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve a Purchase Order with Knott’s Berry Farm for the entry tickets to the amusement park for the Fontana Expanded Learning Program.

RECOMMENDATION:

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method for services are unique.

2. Approve a Purchase Order with Knott’s Berry Farm in the amount of $227,787 for the entry tickets to the amusement park for the Fontana Expanded Learning Program.

COUNCIL GOALS:
· Increase citizen involvement by Developing future leaders. · Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
· Practice sound fiscal management by pursing grant opportunities.

DISCUSSION:

The City of Fontana is currently in an Agreement with the Fontana Unified School District (FUSD) as the Fontana Expanded Program (FELP) Provider. FELP is an After School Education and Safety (ASES) Grant and Expanded Learning Opportunities Program (ELO-P) funded program. As part of the grant required curriculum components, FELP provides education components and 21st Century Skill lessons to meet the program requirements as well as align with the district’s efforts to support student understanding of the world.

To support the operating Agreement between the City and FUSD, FELP is recommending purchasing admission to Knott’s Berry Farm for FELP 2026 Summer Camp enrolled participants. Knott’s Berry Farm offers a wide range of historical and educational activities and specialty programs for a variety of ages and skill levels. Staff is recommending the City to purchase the admission for participants to visit Knott’s Berry Farm for all participants enrolled in the summer.

This is a sole source contract as the location is only available through Knott’s Berry Farm and meets grant requirements. Purchasing Policy 3.1.5 allows the purchase when no competitive advantage would be gained from services that are unique and are only available from one source.

FISCAL IMPACT:

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File #: 26-0909 Agenda Date: 4/14/2026
Agenda #: L. Category: Consent Calendar
The program cost is $227,787 and is budgeted in the adopted FY 2025/2026 Community Services Department operating budget in account 38624101.8130. The cost is 100% fully reimbursable.

MOTION:

Approve a Purchase Order with Knott’s Berry Farm for the entry tickets to the amusement park for the Fontana Expanded Learning Program.

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Quote

Account #: SF-0000673136
Account Name: Fontana Expanded Learning Program
Contact: LaShondia Scott
Phone: (909) 350-6585
Email: [email protected]

Quote Date: 3/10/2026
Event Date: 6/10/2026
Salesperson: Joel Barragan
Tax Status: Not Exempt

Summary
Item/Description Qty* Price Tax Price + Tax Subtotal
Bundled Package (Admission with Premium All Day Dining) 2,100 $86.99 $3.59 $90.58 $190,218.00 Souvenir Bottle 2100 $15.99 $1.40 $17.39 $36,519.00
KBF Youth Group Bus/Oversized Parking 30 $35.00 $0.00 $35.00 $1,050.00 Complimentary Ticket on 1:15 Ratio 140 $0.00 $0.00 $0.00 $0.00

Terms:
• This is not an invoice.
• Quote is valid for 30 days from the day it was
issued.
• Pricing becomes guaranteed with a signed
agreement.
• Taxes can be removed when a qualified tax
exemption certificate is presented.
• Some local taxes (if applicable) are not exemptible.

Quote Total: $227,787.00
For Questions About This Quote Please Contact

Joel Barragan
[email protected]

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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0912 Agenda Date: 4/14/2026
Agenda #: M. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Approval of Amended and Restated Communications Site License Agreement with New Cingular Wireless PCS, LLC (AT&T) and Approval of License Termination Agreement for Existing Site near 14000 Philadelphia Avenue
RECOMMENDATION:

1. Approve the License Termination Agreement terminating the existing 2005 Communications Site License Agreement; and

2. Approve the Amended and Restated Communications Site License Agreement with New Cingular Wireless PCS, LLC (AT&T) for continued operation of a wireless communications facility located at 14000 Philadelphia Avenue; and

3. Authorize the City Manager to enter into the agreements and any necessary related documents.

COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.

DISCUSSION:

The City of Fontana currently has an existing communications site license agreement that was originally entered into in 2005 with AT&T (through its predecessor) and Southern California Edison (SCE) for a wireless facility located at 14000 Philadelphia Avenue. That agreement allowed AT&T to install and operate telecommunications equipment on SCE-owned electrical transmission facilities within an easement on City-owned property. AT&T desires to renew and extend this lease.

To modernize the contractual structure and continue uninterrupted wireless service at this location, the parties have negotiated:
· A License Termination Agreement to formally terminate the expired 2005 agreement; and · A new Amended and Restated Communications Site License Agreement directly between the City of Fontana Printed on 4/9/2026Page 1 of 3
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File #: 26-0912 Agenda Date: 4/14/2026
Agenda #: M. Category: Consent Calendar
· A new Amended and Restated Communications Site License Agreement directly between the City and AT&T (with SCE no longer a party to the new agreement).

The proposed Amended and Restated License Agreement allows AT&T to continue operating its wireless communications facility on City-owned property under updated terms and conditions.

Key provisions of the new agreement include:
· Term: Initial five (5) year term with three (3) additional five-year renewal options (total potential term of 20 years).
· Use: Non-exclusive license for approximately 384 square feet of ground space for telecommunications equipment.
· Access: 24/7 access for maintenance and operation, subject to City notification requirements. · Relocation Rights: City retains the right to require relocation (temporary or permanent) to accommodate municipal needs.
· Termination Rights: City may terminate under specified conditions, including for municipal use after the 10th year following execution with appropriate notice.

Financial Terms
· New Monthly Rent: $3,500 per month ($42,000 annually) · Current Rent: $2,178 per month ($26,136 annually)
· Increase: Approximately $1,322/month (+61%)
· Annual Escalation: Greater of CPI or 4% annually
· One-Time Signing Bonus: $1,500 to reimburse City administrative costs This represents a significant increase in revenue to the City while aligning the agreement with current market conditions.

CEQA: The approval of the renewed license agreement (“project”)is categorically exempt from the California Environmental Quality Act (“CEQA”)under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (CEQA Guidelines, § 15303.) The project would permit a wireless communications facility on approximately 384 square feet of City-owned property, a small facility in an already developed area, that is comparable in scope and function to those structures identified in the language of CEQA Guidelines Section 15303. None of the exceptions outlined in CEQA Guidelines Section 15300.2 apply. The project will not impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. There will be no cumulative impact of successive projects of the same type in the same place, over time.

There will be no significant environmental impact due to unusual circumstances. The project will not result in damage to scenic resources. The project site is not on any list compiled pursuant to Government Code section 65962.5, and there are no historical resources on or near the project site that would result in a substantial adverse change as a result of the project. Thus, the project falls within the Class 3 exemption.

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File #: 26-0912 Agenda Date: 4/14/2026
Agenda #: M. Category: Consent Calendar
FISCAL IMPACT:

The new agreement increases annual revenue from approximately $26,136 to $42,000, resulting in an increase of $15,864 annually, plus future annual escalations. Additionally, the City will receive a $1,500 one-time payment upon execution of the agreement.

MOTION:

Approve staff recommendation to approve the License Termination Agreement and the New License Agreement.

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16498.00410\43783997.2

AMENDED AND RESTATED

COMMUNICATIONS SITE LICENSE AGREEMENT

BETWEEN

CITY OF FONTANA
AND

NEW CINGULAR WIRELESS PCS, LLC
FOR
14000 PHILADELPHIA AVE
(NEAR MULBERRY AVE AND CHERRY AVE)

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Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

Page 2 of 23 ends

CITY OF FONTANA

AMENDED AND RESTATED

COMMUNICATIONS SITE LICENSE AGREEMENT

(New Cingular Wireless PCS – Existing SCE 14000 Philadelphia Ave Site)

THIS AMENDED AND RESTATED COMMUNICATIONS FACILITY LICENSE AGREEMENT (“License”) is made and entered into as of the later of the signature dates below (“Effective Date”) by and between the City of Fontana, a municipal corporation with its principal offices located at 8353 Sierra Ave., Fontana, California 92335 (“City”), and New Cingula r Wireless PCS, LLC, a Delaware limited liability company with a mailing address of 1025 Lenox Park Blvd. 3 rd Floor, Atlanta, Georgia 30319 (“Licensee”). City and Licensee are sometimes referred to in this License Agreement individually as a “party” or joi ntly as “parties.” The term “License” used in herein means this Amended and Restated Communications Site License Agreement and any amendments to this License Agreement as may be executed between the parties in accordance with the terms herein.

RECITALS
A. Licensor is the owner of that certain property located in the City of Fontana, County of San Bernardino, State of California as more particularly described in Exhibit A attached hereto (the “Property”).

B. Southern California Edison (“SCE”) is the owner of an easement and right of way for electrical transmission and communication purposes which encumbers all or a part of the Property pursuant to that certain Grant of Easement to SCE, dated October 25, 1946 and recorded on December 19, 1946 in Book 1859, page 46 , as Instrument No. 33 of Official Records in the Office of the County Recorder of San Bernardino County, State of California, a copy of which is attached hereto as Exhibit C ("SCE Easement"). Nothing in this Agreement shall limit, modify or degrade SCE's rights under the SCE Easement.

C. SCE has constructed, among other facilities, electric transmission towers and/or poles within the SCE Easement ("Electric Facilities").

D. The City, SCE, and Licensee are parties to that certain Communications Site License Agr eement dated as of March 7, 2005 for purposes of permitting the installation, maintenance and operation of Licensee’s communications equipment upon the Electric Facilities and upon the surface of the SCE Easement (the “Original Agreement”).

E. On _______________, the City, SCE, and Licensee entered into that certain License Termination Agreement whereby SCE, the City and Licensee mutually agreed to terminate the Original Agreement, as of the Effective Date of this Amended and Restated Communications Facility License Agreement.
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Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

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F. Licensee desires to continue to use and operate certain communications equipment upon the ground of the City’s Property subject to the terms and conditions of this License.

In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the parties hereto agree to amend and restate the Original License as follows:

LICENSE
Section 1. Non-exclusive License. Subject to the terms and conditions hereinaft er set forth, City grants Licensee a non-exclusive license to install, operate and maintain its Communications Facility, as particularly described in Exhibit B hereto, on a portion or portions of the Property, as designated and approved by City. Exhibit B depicts the specific dimensions, appearance, equipment and approved location of the Communications Facility on the Property to be used by Licensee under t his License (“Licensed Area”). The Licensed Area includes (i) approximately three hundred eighty -four and sixteen hundredths (384.16) square feet of designated surface ground space; and (ii) utility routes all as depicted in Exhibit B. Notwithstanding City’s approval of Licensee’s use of the Licensed Area or the Property, nothing in this License may be deemed to grant, convey, create, or vest in Licensee a real property interest in land, including any fee, leasehold interest, or easement. The term “Communications Facility” as used in this License shall include all antennas, facilities, structures , foundations, pads, cables, conduits and equipment and utilities that Licensee erects, installs and/or uses on or under the Property, as authorized and listed in Exhibit B, as may be modified from time to time in accordance with this License.

Section 1.1 All Parties acknowledge that City, in executing this License, is acting only in its proprietary capacity as the owner of the Property and Licensed Area, and not in any regulatory fashion. Licensee shall not consider this License as approval of any applicable permits, licenses or other governmental approvals required for the construction or operation needed for the use described herein.

Section 2. Access License.

Section 2.1 Licensee shall have the right of non -exclusive ingress and egress to the Licensed Area, seven (7) days a week, twenty-four (24) hours a day, via foot or motor vehicle (but not including vehicles with more than two (2) axles/more than twenty (20) feet in length) via the access area delineated as such in Exhibit B, in order to install, operate, and maintain the Communications Facility, subject to the limitations set forth below.

Section 2.2 Prior to accessing the Licensed Area, Licensee shall provide both written notice to the City by email to [email protected] at least forty -eight (48) hours in advance, except in the event of a bone fide emergency affecting the health, safety, and welfare of the Property’s occupants or the operational integrity of the Communications Facility, in which case Licensee shall provide notice to City as soon as reasonably possible after such emergency access. In the event access to the Licensed Area is restricted and/or locked by City personnel, 255

Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

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Licensee shall be required to obtain any and all necessary access credentials or keys from the City Manager’s Office, located at 8353 Sierra Ave, Fontana, CA 92335 or from the City Manager’s designee, on a temporary basis, not to exceed Licensee’s reasonable access requirements. In such event, Licensee or its designee shall provide proper identification prior to checking out any access credentials or keys.

Section 2.3 All access to the Licensed Area by Licensee shall be subject in each instance to all permits, ordinances, as well as any local, state, and federal laws (“Laws”) in addition to this License.

Section 3. Permitted Use. L icensee may transmit and receive communication signals and install, operate and maintain the Communications Facility in the Licensed Area in accordance with the site plan and dimension sketch of the Communications Facility in Exhibit B hereto. Licensee may not install any other facilities or equipment of any kind that is not otherwise described and depicted in Exhibit B or otherwise intensify , expand, or alter its use of the site or the Communications Facility without City’s prior written consent which may be granted or denied in City’s sole discretion. Licensee acknowledges that the primary purpose of the Property is to serve as a valuable asset to the community of Fontana and the City itself, and Licensee’s use of the Property shall be subject to City’s paramount rights (“Paramount Rights”) to use the Property for any and all current and future uses necessary for City’s municipal needs. If City determines that Licensee is interfering with such use, City shall notify Licensee and Licensee shall cease such interference within twenty -four (24) hours. In case of an emergency, City may take steps to eliminate such interference without prior notice to Licensee and Licensee shall reimburse City for any and all costs incurred to eliminate such interference.

Section 3.1 Any required permits or approvals for the Communication Facility shall be obtained by L icensee at Licensee’s sole expense. Furthermore, it is understood and agreed that Licensee’s ability to install the Communication Facility is contingent upon its obtaining, pr ior to construction of Communication Facility, all of the certificates, permits, authorizations, and other approvals that may be required by any federal, state, or local authorities, including but not limited to any permits, authorizations, and approvals required by the California Air Resources Board and the applicable local air pollution control district (collectively, the “Governmental Approvals”; individually, a “Governmental Approval”). City shall bear no responsibility or liability under this License for Licensee’s inability to make use of the Licensed Area for the Communication Facility due to a failure to obtain any required permit, authorization, or approval. If Licensee fails to receive such permits, authorizations, or approvals within one (1) year of the Effective Date of this License, this License shall automatically terminate.

Section 4. License Term; Renewal Term. The initial term of this License shall be five (5) years (“Initial Term”), commencing on the Effective Date. The Initial Term of this License s hall expire at Midnight on the day before the fifth (5th) anniversary of the Effective Date. Unless either 256

Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

Page 5 of 23 ends

party gives written notice of its intention not to extend the License to the other party at least sixty (60) days prior to the end of the Initial Term or Renewal Term, as applicable and then in effect , and provided Licensee is not in default under this License, this License shall automatically be extended upon the expiration of the Initial Term, or Renewal Term, as applicable , for three (3) additional terms of five (5) years each (“Renewal Term”), subject to all terms and conditions of this License. The Initial Term and Renewal Term shall be collectively known as the “Term”.

Section 5. License Fee ; Increases; Late Payments. Commencing on the first day of the month following the Effective Date, Licensee shall pay City on or before the fifth (5th) day of each calendar month in advance, Three Thousand Five Hundred Dollars ($3 ,500.00) (“License Fee”), and thereafter adjusted annually by the greater of: (a) the percentage change in the Consumer Price Index (CPI) - Urban Wage Earners and Clerical Workers for Riverside -San Bernardino-Ontario, CA (“CPI Index”) published for the month that is three (3) months preceding the adjustment date compared to the CPI Index published twelve (12) months before the month that is three (3) months preceding the adjustment date; or (b) an amount equal to four percent (4%) over the amount of the License Fee in effect immediately prior to such increase. The License Fee shall be payable without offset or deduction by ACH or Electronic payment, or check sent to City's address specified below or to any other person or firm as City may, from time to time, designate in writing at least forty- five (45) days in advance of any License Fee due date. If, at any time, Licensee fails to make timely payment, interest shall accrue on the past due amount at the rate of ten percent (10%) per month or the maximum allowable by law, whichever is less, until the License Fee any all accumulated interest is paid in full. This right to collect interest is in addition to all rights of City to terminate this License for non-payment pursuant to Section 10 of this License.

Section 6. Signing Bonus. Within forty five (45) days of the Effective Date of this License, Licensee shall pay to City a one-time payment in the amount of One Thousand Five Hundred Dollars ($1,500.00) (“Signing Bonus”) as partial reimbursement of City’s costs incurred in City’s proprietary capacity for processing and documenting this Amended and Restated Communications Site License Agreement. This Signing Bonus is non-reimbursable.

Section 7. Holdover. If the Communications Facility or any part thereof is still on the Property, or Licensee is still conducting any activities or operations on the Property, or is otherwise using the Property without a written agreement with City after expiration of the License Term, or, if applicable, the Renewal Term, such possession or use shall be deemed a holdover use under the same terms and conditions of this License, except that the License Fee shall be one hundred fifty percent (150%) of the License Fee in effect at the expiration of the License Term or, if applicable, the Renewal Term , and shall be payable in advance in equal monthly installments. Nothing contained herein shall grant Licensee the right to holdover after the expiration of the License Term or, if applicable, the Renewal Term and notwithstanding the payment of license fees during the holdover period, City shall have the right to require Licensee to vacate the Property at any time upon thirty (30) days written notice.
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Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

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Section 8.

Section 8.1 Permanent Relocation. City shall endeavor to give Licensee at least ninety (90) days prior written notice of the necessity to relocate the Communications Facility or a portion thereof to a new loc ation upon the Property , and will use good faith efforts to provide another mutually acceptable City location on the Property for such relocation; provided Licensee is not in default under this License. Licensee shall be solely responsible at its cost for relocating the Communications Facility and obtaining any necessary permits and otherwise complying with all laws, permits, and other rules and regulations of any public entity ap plicable in connection with the relocation of its Communications Facility. Licensee shall have a right to terminate this License upon ninety (90) days prior written notice to City if Licensee’s relocation of the Communications Facility to the mutually agreeable alternative location on the Property is technically infeasible . If the L icense is terminated for such reason, Licensee shall not be entitled to reimbursement or payment by City of any expenses or costs it may incur by reason of its election to terminate this License hereunder.

Section 8.2 Temporary Relocation. Licensee understands and agrees that from time to time during the Term, City may require Licensee to remove and/or relocate all or portions of the Communications Facility from the Licensed Area temporarily at Licensee’s expense in order for City to exercise its Paramount Rights at the Property. City shall endeavor to give Licensee at least sixty (60) days prior written notice of the necessity to relocate the Communications Facility for the temporary period, and will use good faith efforts to provide temporary space at the Property, or another mutually acceptable City-owned location for such temporary relocation; provided Licensee is not in default under this License. Licensee shall be solely responsible at its cost for obtaining any necessary permits and otherwise complying with al l laws, permits, and other rules and regulations of any public entity applicable in connection with the temporary relocation o f its Communications Facility. Licensee acknowledges that in case of emergency (as determined by City in its sole discretion), the notice period for temporary relocation may be shortened.

Notwithstanding any relocation or any shortened notice period, the License shall continue without abatement of the License Fee unless City is unable to provide space for temporary relocation and as a result Licensee is required to cease to operate its Communications Facility for a period of more than fourteen (14) days in which event Licensee shall be entitled to an abatement of the License Fee equivalent to the number of full days in excess of four teen (14) days during which Licensee was unable to oper ate its Communications Facility. City will calculate and refund such abatement amount without interest within sixty (60) days after the end of the temporary relocation period.

Section 8A At the end of the temporary relocation period, Licensee shall at its cost return the relocated Communications Facility to the Licensed Area, unless the parties mutually agree that the Communications Facility may remain at the temporary location in which case the parties shall memorialize such agreement by an amendment to this License. Licensee shall have a right to terminate this License upon thirty (30) days prior written notice to City if any temporary relocation exceeds ninety (90) days, or if City requires Licensee to relocate the Communications 258

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Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

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Facility more than one (1) time during the License Term, or more than one (1) time during the Renewal Term . If the License is terminated for such reason, Licensee shall not be entitled to reimbursement or payment by City of any expenses or costs it may incur by reason of its election to terminate this License hereunder.

Section 9. City’s Termination. In addition to other rights of termination and revocation City has under this License, City may terminate and revoke this License prior to exp iration of the License Term or Renewal Term, if applicable, in any of the following circumstances: For any reason or no reason, exercisable after the tenth anniversary of the Effective Date of the Agreement, upon twelve (12) months advance notice to Licensee.

Section 9.2 By giving Licensee twelve (12) months prior written notice, if City determines in its sole discretion that the Licensed Area is necessary for the exercise of its Paramount Rights at the Property or City decides to sell or otherwise dispose of its fee ownership of the Property. Upon notice of termination and revocation under this Section, City shall make a good faith effort to permit Licensee to relocate the Communications Facility to another of City’s sites prior to termination of the License, provided Licensee assumes all costs of any such relocation.

Section 9.3 By giving Licensee sixty (60) days prior written notice, if Licensee fails to maintain and repair the Communications Facility according to the requirements of the License and fails to cure such non -compliance in response to any City request for such repairs within thirty (30) days or within such shorter time specified by City in such written request. Further, if City in its sole discretion determines that the Communications Facili ty is in a state of disrepair which imminently endangers the health and safety of City employees and other users of the Property, City may terminate the License and take steps to address the situation immediately without prior notice to Licensee, provided that City shall thereafter notify Licensee of the situation, and Licensee shall reimburse City for its actual costs incurred to take such action.

Section 9.4 If Licensee fails to pay the License Fee when due, City may, after giving ten (10) days prior written notice to Licensee, terminate and revoke this License and seek other remedies, as appropriate, under the laws of the State of California, unless Licensee cures such default by payment of the License Fee and accrued interest charges within such notice period.

Section 9.5 If Licensee fails to perform or observe any of terms or conditions of this License, City may, after giving thirty (30) days prior written notice to Licensee terminate and revoke this License and seek other remedies, as appropriate, under the laws of the State , unless Licensee cures such default within such notice period.

Section 10. Licensee’s Limited Termination Right. It is understood and agreed that Licensee’s ability to use the Property is contingent upon Licensee continually maintaining in full force and effect, after the Effective Date, all the certificates, permits, and other approvals that are 259

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Fixed Asset No: 10102101
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required by any federal, state, or local authorities. In the event that any certificate, permit, license, or approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by any governmental authority so that Licensee is unable to use the Property for its intended purposes, Licensee may terminate this License upon ninety (90) days written notice to City, except that those terms that by their nature survive termination such as Licensee’s obligations to remove the Communications Facility and restore the Property , and the indemnity obligation shall survive in accordance with the terms of this License.

Section 11. Licensee’s Installation, Ownership, Operation and Maintenance; FCC Regulations, Emissions Testing; Compliance with Law.

Section 11.1 Licensee shall install, construct and maintain the Communications Facility in accordance with this License.

Section 11.2 It is expressly understood and agreed that any and all fixtures and equipment of whatsoever nature at any time constructed or placed on the Property by Licensee shall be and remain the personal property of Licensee. Licensee shall have the right at any time during the License Term, and the Renewal Term, if applicable, to remove any and all fixtures and equipment owned or placed by Licensee in, under, or upon the Licensed Area.

Section 11.3 Licensee, at Licensee’s sole cost and expense shall keep and maintain, or cause to be kept and maintained, th e Communications Facility in a state of good appearance and repair, reasonable wear and tear excepted. Upon City’s written request, Licensee shall complete all such work at its sole expense within thirty (30) days of receipt of such notice. If the Licensee fails to comply with this Section, the City may complete or cause to be completed the work, and Licensee shall reimburse the City for such invoiced costs within thirty (30) days of receipt.

Section 11.4 Licensee shall, at its sole cost and expense, protect, replace and provide any landscaping required in its permits to shield the Communications Facility on the Property and shall promptly replace any City landscaping damaged by Licen see’s activities . Upon City’s written request, Licensee shall complete all such work at its sole expense within thirty (30) days of receipt of such notice. If the Licensee fails to comply with this Section, the City may complete or cause to be completed the work, and Licensee shall reimburse the City for such invoiced costs within thirty (30) days of receipt.

Section 11.5 Licensee shall have a separate meter installed for Licensee's electrical power consumption, whereupon Licensee shall be solely responsible for payment of all of its electrical utilities costs. No other connection is authorized by this License, and no other fuels of any type shall be used or stored by Licensee within the Licensed Area without the advance written consent of City.
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Section 11.6 In addition to compliance with specific laws otherwise described in this License, Licensee shall comply, and w ill ensure that its contractors and representatives will comply, with all regulations and requirements of the FCC and the California Public Utilities Commission, and all other federal, state and local laws, ordinances, rules and regulations, including health and safety requirements, pertaining to the construction, installation, operation and maintenance of the Communications Facility and work on the Property during the License Term and Renewal Term, and in conjunction with any activities undertaken on the Property by Licensee either prior to the Effective Date, or after expiration of this License. Requirements of the federal Occupational Safety and Health Administration (OSHA) and the California Division of Occupational Safety and Health (CAL-OSHA), whichever is stricter, shall be adhered to at all times during any activities on the Property by Licensee and its contractors or other representatives.

Licensee shall have a safety and injury prevention program in place for the construction, installation, operation and maintenance of the Communications Facility and work on the Property, if required by laws or regulations. If required by law or regulation, a copy of any such program shall be on the Property at all times.

Section 12. Removal & Restoration. Prior to the expira tion of the License or within thirty (30) days of the earlier termination of the License, Licensee shall (1) remove all of the Communications Facility at its sole expense and (2) repair any damage to the Licensed Area caused by such removal and shall retur n the Licensed Area to the condition which existed before the Effective Date, reasonable wear and tear excepted. If the Licensee fails to remove its Communications Facility and restore the Licensed Area as required by this Section, the City may complete or cause to be completed the work, and Licensee shall reimburse the City for such invoiced costs within thirty (30) days of receipt.

Section 13. Prior Communications Facilities on Property, City Communications Systems; Non-interference.

Section 13.1 Licensee acknowledges and understands that there may be communications facilities on Property belonging to one or more third parties (referred to as the “Prior User(s)”) that has entered into an agreement(s) (the “Prior Use Agreement(s)”) with City, pursuant to which the Prior User(s) has(ve) been permitted to install and operate communications equipment on the Property. Where applicable, Licensee represents and warrants that prior to the execution of this License, Licensee has determined that the Prior Users present no ma terial interference with Licensee’s intended use within the Licensed Area.

Section 13.2 Licensee shall operate the Communications Facility in a manner that will not cause harmful interference to (i) the City’s use of the Property, or (ii) any communications equipment operated and/or owned by the Prior User(s) as of the Effective Date, provided that the Prior User(s) operates its communications equipment in accordance with the terms of the Prior Use Agreement(s). If Licensee’s Communications Facility causes such harmfu l interference, 261

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Licensee will immediately take all steps necessary to correct and eliminate the interference, including but not limited to, at Licensee’s option, powering down such equipment and later powering up such equipment for intermittent testing. I f such interference cannot be corrected or powered down within two (2) days after Licensee is advised of such interference, City may require that Licensee cease (or cause the cessation of) operation of the interfering equipment until such interference can be so corrected at which time the operation of such equipment may resume.

Section 13.3 Licensee further acknowledges that City assumes no risk or liability for any interference with Licensee’s use of the Property which results from the operation of communications equipment on the Property by the Prior User(s) under the Prior Use Agreement(s) and agrees that City shall be held harmless from claims due to any such interference, pursuant to the indemnification terms set forth in Section 18 herein.

Section 13.4 City reserves the right to license other portions of the Property to third parties during the License Term and Renewal Term, if applicable. If, subsequent to the installation of the Communications Facility, the new third party equipment on the Property causes harmful interference with the Communications Facility , Licensee shall use its best efforts to resolve the interference issues in cooperation with the owner and operator of the new equipment without involving City personnel. If any such subsequent users cann ot correct such harmful interference within ten (10) business days of Licensee’s written notification thereof to City, Licensee may terminate this License upon sixty (60) days written notice to City and obtain a refund of prepaid unused amounts of the License Fee , or seek injunctive or other legal relief against/from such subsequent third party users. The refund shall be Licensee’s sole and exclusive remedy and recovery as against City for any interference, and Licensee hereby waives any other rights or remedies it may have at law or in equity against City related thereto. The parties recognize and agree that it is the intention of this Section 1 2 that City not become embroiled in any disputes or proceedings between Licensee and any other users of the Property, and/or expend funds as a result thereof; therefore, Licensee agrees to indemnify, defend, and hold harmless the City against any claim related to or arising from any disputes or proceedings between Licensee and any other users of the Property.

Section 13.5 Nothing contained in this Section 14 or elsewhere in this License is intended to confer any rights or remedies under, or by reason of this License on, or waive any claims against, or adversely affect any rights of, any person or entity other than the parties hereto.

Section 14. Performance Bond. On or before the Effective Date, Licensee shall obtain a faithful performance bond, in the amount adequate to cover one hundred percent (100%) of the costs to remove the Communications Facility and all other personal property and t o restore the Property as required by this License from a bond company duly licensed to do business in California in favor of City (the "Bond"). The Bond shall secure (1) Licensee's removal of its equipment from the Licensed Area following the expiration o r earlier termination of the License, 262

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and (2) the recovery of any unpaid sums duly owed to the City under this License. The Bond shall be maintained in force by Licensee throughout the License Term and Renewal Term, if applicable.

Licensee agrees to deliv er to City a copy of the Bond prior to commencement of construction activities on the Licensed Area (or if the License is a renewal for a previously constructed facility, prior to full execution of the License). Prior to the commencement of any Renewal Term, City and Licensee shall review the amount of the Bond to assess whether the amount of the Bond is reasonably sufficient to cover then current removal and restoration costs. If it is reasonably determined to be insufficient, Licensee shall obtain and m aintain in force a Bond for such additional amount that City reasonably determines to be sufficient.

Section 15. Environmental.

Section 15.1 For purposes of this License, the term “Hazardous Substances” means: (a) any substance, products, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 Unite d States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 Unit ed States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter -Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended; or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substa nce, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or und er any reported decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and (d) asbestos.

Section 15.2 Except as otherwise specifically permitted under the terms of this License, Licensee shall not use, create, generate, store, deposit, dispose of or allow any Hazardous Substances on, under, about or within the Property or Licensed Area in violation of any federal, state, or local law, rule, regulation , order, decree or other requirement listed in this Section 16.

Batteries for emergency power and fuel for temporary generators during power outages may only 263

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Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

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be used or stored on -site with the prior written approval of City. On site use, but not storage, of ordinary paints, solvents and similar substances commonly used in small quantities and necessary for maintenance of Licensee’s Communications Facility are excepted from the preceding prohibition of use by Licensee of Hazardous Substances on the Licensed Area and the Property, so long as Licensee complies with all applicable federal, state and local laws rules and regulations governing the use of such items.

Section 15.3 Unless listed in Exhibit B, no underground or above ground storage tanks shall be installed on Licensed Area.

Section 15.4 City or its officers, employees, contractors, or agents shall at all times have the right to go upon and visually inspect the Licensed Area and the operations conducted thereon to assure compliance with the requirements herein stated. This inspection may also include taking samples for chemical analysis of substances and materials present and/or testing soils on the Licensed Area and taking photographs. Except in case of emergency, City will not take samples or test soils on the Licensed Area without providing Licensee with reasonable notice and the opportunity to have a representative present.

Section 15.5 Licensee shall, within forty -eight (48) hours of the discovery by Licensee of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice to City in the event that Licensee knows or has reasonable cause to believe that any release of Hazardous Substance has come or will come to be located on, under, about or within the Licensed Area. The failure to disclose in a timely manner the release of a Hazardous Substance by Licensee, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law (e.g., California’s Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25550 et seq.) shall be grounds for termination of this License by City in addition to actual damages and other remedies provided by law. Licensee shall immediately clean up and completely remove all Hazardous Substances pl aced by Licensee on, under, about or within the Licensed Area or the Property, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations.

Section 15.6 In the event Hazardous Substances are discovered, Licensee shall disc lose to City the specific information regarding Licensee’s discovery of any Hazardous Substances placed on, under, about or within the Licensed Area or the Property by Licensee, and provide written documentation of its safe and legal disposal.

Section 15.7 Breach of an y of these covenants, terms, and conditions, and Licensee’s failure to cure within thirty (30) days of Licensee’s receipt of written notice from City, shall give City the authority to either immediately terminate this License or to shut down Licensee’s operations thereon, at the sole discretion of City. In either case, Licensee will continue to be liable under this License to remove and mitigate all Hazardous Substances placed by Licensee on, under, about or within the Licensed Area or the Property. Licensee shall be responsible for, and bear the 264

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entire cost of removal and disposal of, all Hazardous Substances introduced to the Licensed Area or the Property by Licensee during Licensee’s period of use and possession of the Licensed Area.

Upon termination o f this License, Licensee shall, in accordance with all laws, remove from the Licensed Area any equipment or improvements placed on the Licensed Area by Licensee that may be contaminated by Hazardous Substances.

Section 15.8 Licensee shall defend, indemnify and hold Cit y and its officials, officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, fines, or expenses (including, without limitation, the cost of attorney’s fees) arising as a result of the presenc e of use of any Hazardous Substances placed or caused to be placed by Licensee or its partners, affiliates, agents, officials, officers, contractors or employees on the Licensed Area or the Property. City shall defend, indemnify and hold L icensee and its officials, officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, fines, or expenses (including, without limitation, the cost of attorney’s fees) arising as a result of the presence of use of any Hazardous Substances placed or caused to be placed by City or its partners, affiliates, agents, officials, officers, contractors or employees on the Property. The foregoing indemnity is intended to operate as an agreement pursuant to, among other requirements, Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify each party from any liability created by the other party pursuant to such sections.

Section 16. Insurance. During the life of this License, Licensee shall pay for and maintain in effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissi oner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Administrative Officer or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:

Section 16.1 COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non -owned equipment), products and completed operations, and contractual liability (including, without limit ation, indemnity obligations under the License) with limits of liability of the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $4,000,000 aggregate for products and completed operations $4,000,000 general aggregate
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Section 16.2 COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of $2,000,000 per accident for bodily injury and property damage.

Section 16.3 WORKERS' COMPENSATION insurance as required under the California Labor Code.

Section 16.4 EMPLOYERS’ LIABILITY insurance with limits of liability of $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.

Section 16.5 PROPERTY insurance against all risks of loss to the Communication Facility, at full replacement costs with no coinsurance penalty provision.

Section 16.6 In the event Licensee purchases an Umbrella or Excess insurance policy(ies) to meet the limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Section 16.7 Licensee shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Licensee shall also be responsible for payment of any self-insured retentions. Any deductibles or self -insured retentions must be declared to, and approved by, the City Administrative Officer or his/her designee in his/her sole discretion. At the option of the City Administrative Officer or his/her designee, either (i) the insurer shall reduce or eliminate such ded uctibles or self -insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) Licensee shall provide a financial guarantee, satisfactory to the City Administrative Officer or his/her designee in his/her sole discr etion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

Section 16.8 All policies of insurance required hereunder s hall be endorsed to provide that the coverage shall not be cancelled, or non-renewed, except after thirty (30) calendar day written notice has been given to City if not replaced . Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Licensee shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the term of this License, Licensee shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.

Section 16.9 The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing operations and 266

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completed operations) and Automobile Liability insurance policies shall include City, its officers, officials, employees, agents and volunteers as an additional insured by endorsement as respects this agreement. All such policies of insurance shall be endorsed so Licensee’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees, agents or volunteers. To the extent permitted b y law, Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees, agents and volunteers.

The Property insurance policy shall name the City as a joint loss payee. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. Should Licensee maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Section 16.10 Licensee and its insurers shall waive all rights of contribution, recovery and subrogation against City, its officers, officials, employees and agents on account of any injury, death or property damage to any person, including any injury or death to the Li censee, its principles, officers, employees, agents, contractors, subcontractors, consultants, sub -consultants, invitees, or Licensee’s property or the property of others under Licensee’s care, custody and control. Licensee shall give notice to its insure rs that this waiver of subrogation is contained in this License. This requirement shall survive expiration or termination of this License.

Section 16.11 Licensee shall furnish City with all certificate(s) and applicable endorsements effectin g coverage required hereun der. All certificates and applicable endorsements are to be received and approved by the City prior to City’s execution of this License.

Section 16.12 If at any time during the life of this License or any extension, Licensee or any of its contractors, subcontractors, consultants or sub-consultants fail to maintain any required insurance in full force and effect, all work under this License shall be discontinued immediately, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this L icense. No action taken by City hereunder shall in any way relieve Licensee of its responsi bilities under this License.

Section 16.13 The fact that insurance is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee, including, withou t limitation, liability under the indemnity provisions of this License. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Licensee. Approval or 267

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purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Licensee, its principals, officers, agents, employees, persons under the su pervision of Licensee, vendors, suppliers, invitees, consultants, su b-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

Section 16.14 If it is necessary for Licensee to contract for the design, construction and/or maintenance of the Communication Facility, Licensee shall endeavor to require each consultant and contractor to provide insurance protection that includes City, its officers, officials, employees, agents and volunteers as additional insured by endorsement as respects this agreement.

Section 17. Indemnification. To the furthest extent allowed by law, Licensee shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by City, Licensee, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of Licensee’s: (i) occupancy, maintenance and/or use of the Licensed Area and/or Communicatio ns Facility; or (ii) performance of, or failure to perform, this License. Licensee’s obligations under the preceding sentence shall apply to any negligence of City, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damage s caused solely by the gross negligence, or by the willful misconduct, of City or its officers, officials, employees, agents or volunteers.

Section 17.1 Licensee’s occupancy, maintenance and use of the Licensed Area and Communications Facility shall be at Licensee’s sole risk and expense. Licensee accepts all risk relating to Licensee’s: (i) occupancy, maintenance and/or use of the Licensed Area and/or Communications Facility; and (ii) the performance of, or failure to perform, this L icense. City shall not be liable to Licensee or Licensee’s insurer(s) for, and Licensee and its insurer(s) hereby waives and releases City from, any and all loss, liability, fines, penalties, forfeitures, costs or damages resulting from or attributable to an occurrence on or about the Licensed Area in any way related to the Licensee’s operations and activities. Licensee shall immediately notify City of any occurrence on the Premises resulting in injury or death to any person or damage to property of any person.

Section 17.2 If it is necessary for Licensee to contract for the design, construction and/or maintenance of the Communication Facility, Licensee shall require each consultant and contractor to indemnify, hold harmless, defend and release City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraphs. The section shall survive termination or expiration of this License.

Section 18. Jurisdiction and Venue. This License shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret 268

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or enforce this License, or which in any way arises out of the Parties’ activities undertaken pursuant to this License, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding.

Without limiting the generality of the foregoing waiver, Permittee expressly waives any rig ht to have venue transferred pursuant to California Code of Civil Procedure Section 394.

Section 19. Entire Agreement; Amendment. This License constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions and agreements made prior to the date hereof. In the event there is an existing lease or license between Licensee (or its predecessor-in-interest) and City covering the Licensed Area, it is agreed and understood that this License shall cancel, supersede and terminate said prior lease or license as of the Effective Date of this License. This License may not be modified except in a writing executed by both parties.

Section 20. Paragraph Heading and Construction . The section headings contained i n this License shall not be considered to be a part hereof for purposes of interpreting or applying this License, but are for convenience only.

Section 21. Binding on Successors; No Third-Party Beneficiaries. This License, and all of the provisions hereof, shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. No customer, other person or entity other than the parties shall be deemed to be a third-party beneficiary hereof, and nothing in this License, either express or implied, is intended to confer upon any customer or other person or entity, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this License.

Section 22. Independent Contractors. Licensee’s contractors, agents and representatives are independent contractors of Licensee, and are not employees or independent contractors of City while on the Property, or while engaged in any work on the Property, including the construction, installation, maintenance or operation of the Communications Facility.

Section 23. Limited Assignment/ Sub-licensing.

Section 23.1 This License, or the license interest of Licensee in the Property, shall not be assigned by Licensee except with the prior written consent of City which consent may be withheld in the City’s sole discretion.

Section 23.2 Licensee may, without City’s consent but upon at least sixty (60) days prior written notice to City, from time to time assign this License in its entirety (i) to any entity which 269

Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

Page 18 of 23 ends

has, directly or indirectly, a fifty-one percent (51%) or greater interest in Licensee (a “Parent”), or to any entity in which Licensee or a Parent has a fifty-one percent (51%) or greater interest. Any such assignment shall not be effective unless and until the a ssignee executes and delivers to City a written assumption of all Licensee’s obligations under this License.

Section 23.3 Licensee may sublicense the Licensed Area to any qualified third party communications provider consistent with this License and subject to the advance written consent of City, which consent may be withheld in the City’s reasonable discretion . Prior to doing so, Licensee shall notify City. Upon execution of such sublicense, Licensee shall pay City as additional rent fifty percent (50%) of all revenue received from such sublicensee (“Collocation Fee”). The Collocation Fee shall be paid in the same manner and subject to the same requirements and conditions as the License Fee. However, in no event s hall the Collocation Fee be less than Fourteen Thousand Five Hundred Dollars ($14,500) per annum. This minimum amount shall be adjusted through the term of this License in the same manner as the License Fee. Moreover, in the event that such sublicensee requires additional ground space outside of the Premises, it shall enter into a separate license with City to do so or this License may be amended to provide for such additional space. City may grant or deny such requests in its sole discretion, including conditioning execution of such new or amended agreements on the payment of additional rent.

Section 23.4 Any attempted or unauthorized assignment or sub-license shall be void and shall be cause for immediate termination of this License by City. The acceptance of License Fees by City from any person other than Licensee or an authorized assignee shall not be deemed to be a waiver by City of any provision hereof. Consent to one assignment shall not be deemed consent to any subsequent assignment.

Section 24. Attorneys’ Fees . Shoul d either party institute arbitration or legal or other proceedings against the other for or on account of its failure or refusal to perform or fulfill any of the covenants or conditions of this License on its part to be performed or fulfilled, then the prevailing party in such action or proceeding shall receive from the other party attorney’s fees and costs as adjudged reasonable by the arbitrator, or court.

Section 25. Notice. All notices, requests, and demands hereunder will be given in writing by first class, certi fied or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices, requests and demands will be addressed to the parties as follows:
270

Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

Page 19 of 23 ends

If to Licensee:

New Cingular Wireless PCS, LLC
Attn: TAG – LA
Re: Cell Site #: CLU4472
Cell Site Name: SCE Philadelphia (CA)
Fixed Asset #: 10102101
1025 Lenox Park Blvd. NE
3rd Floor
Atlanta, GA 30319

With a copy to:

New Cingular Wireless PCS, LLC
Attn: Legal Department
Re: Cell Site #: CLU4472
Cell Site Name: SCE Philadelphia (CA)
Fixed Asset #: 10102101
208 S. Akard Street
Dallas, Texas, 75202-4206

If to City:

City of Fontana
Attn: City Manager
8353 Sierra Ave
Fontana, CA 92335
[email protected]

Either party may change the address or persons to which notices are to be sent to it by giving thirty (30) days’ prior written notice of such change to the other party in the manner provided herein.

Section 26. Counterparts. This License may be executed in counterparts, each of which shall be deemed to be an original.

Section 27. Representations and Warranties. Each party represents and warrants that this License constitutes a legal, valid and binding obligation of such party, and is enforceable against such party in accordance with the terms set forth in the License. Licensee acknowledges and agrees that Licensee is not entitled to relocation assistance, or any other benefits under the Uniform Relocation Assistance Act, or any other applicable provision of law upon termination of this License.
271

Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

Page 20 of 23 ends

Section 28. NO WARRANTY
LICENSEE’S RIGHT TO USE THE LICENSED AREA AND THE PROPERTY IS STRICTLY ON AN “AS IS” BASIS WITH ALL FAULTS. CITY MAKES NO REPRESENTATION OR

WARRANTY OF ANY KIND AS TO THE PRESENT OR FUTURE CONDITION OF OR SUITABILITY OF THE PROPERTY OR THE LICENSED AREA FOR LICENSEE’S USE

AND DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT

TO THE PHYSICAL, STRUCTURAL, OR ENVIRONMENTAL CONDITION OF THE

PROPERTY, AND LICENSED AREA AND THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSEE IS SOLELY RESPONSIBLE FOR IN VESTIGATION

AND DETERMINATION OF THE CONDITION AND SUITABILITY OF THE PROPERTY, AND LICENSED AREA FOR LICENSEE’S INTENDED USE.

Section 29. Taxes. City hereby provides notice pursuant to California Revenue and Taxation Code Section 107.6, and Licensee acknowledges that this License may create a possessory interest and Licensee may be subject to property taxes levied on such interest, as described in California Revenue and Taxation Code Section 107. Licensee shall pay, when due, all real and personal property taxes, fees and assessments, assessed against the Licensed Area and the Communications Facility and shall reimburse City for any increase in real property or possessory interest taxes levied again st the Property as a result of the impr ovements constructed by Licensee on the Licensed Area only for so long as this License has not expired of its own terms or is not terminated by either party.

Section 30. Time. Time is of the essence of this License.

Section 31. Incorporation of Recitals . All of the recitals hereof are incorporated by this reference and are made a part hereof as though set forth at length herein.

Section 32. Survival. All terms that by their nature should survive termination of this License shall survive, including but n ot limited to payment of amounts owed and indemnification obligations.

Section 33. The following exhibits are incorporated in this License:

Exhibit A Property- Legal Description
Exhibit B Description - Communications Facility (Equipment List) and Licensed Area (Site Plan)
Section 34. Binding Authority/Authorized Representatives. Each of the parties represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform its obligations hereunder and that those obligations will be binding upon that party without the 272

Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

Page 21 of 23 ends

approval or consent of any other person or entity. Each person executing this License represents and warrants he/she has been duly authorized to execute the same.

[Signatures Follow on Next Page]

IN WITNESS WHEREOF, the parties hereto have executed this License as of the latter date written below.
“City”: “Licensee”:

CITY OF FONTANA,
a municipal corporation NEW CINGULAR WIRELESS PCS,
LLC,
a Delaware limited liability company

By: AT&T Mobility Corporation
Its: Manager

By: _____________________________ By: ______________________________ City Manager
Date: ______________________________ Title: ______________________________

Date: ______________________________

273

Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

Page 22 of 23 ends

Exhibit A Property- Legal Description

274

Licensee Site Name: SCE PHILADELPHIA
Fixed Asset No: 10102101
Site Address: 14000 Philadelphia, Fontana, CA 92337

Page 23 of 23 ends

Exhibit B Description - Communications Facility (Equipment List) and Licensed Area Depiction (Site Plan)
275
276
277

ERICSSON ERICSSON
APPLICANT:

ENGINEER:

REVISIONS:

LICENSEE:

PROJECT INFORMATION:

SHEET TITLE:

SHEET NUMBER:

Eukon
www.eukongroup.com
65 POST, SUITE 1000
IRVINE, CA 92618
TEL: (949) 553-8566
an SFC Communications, Inc. Company

THIS PAGE CONTAINS CONFIDENTIAL, PROPRIETARY

OR TRADE SECRET INFORMATION EXEMPT FROM
DISCLOSURE UNDER APPLICABLE LAW.

EXP. 12/31/22
(;,67,1*$1'1(:
(/(9$7,216
EXISTING NORTHWEST ELEVATION 21 NEW NORTHWEST ELEVATION SCALE NOTE: NOTES:
1 A-3
1 A-3.1
278
APPLICANT:

ENGINEER:

REVISIONS:

LICENSEE:

PROJECT INFORMATION:

SHEET TITLE:

SHEET NUMBER:

Eukon
www.eukongroup.com
65 POST, SUITE 1000
IRVINE, CA 92618
TEL: (949) 553-8566
an SFC Communications, Inc. Company

THIS PAGE CONTAINS CONFIDENTIAL, PROPRIETARY

OR TRADE SECRET INFORMATION EXEMPT FROM
DISCLOSURE UNDER APPLICABLE LAW.

EXP. 12/31/22
(;,67,1*$1'1(:
(/(9$7,216
EXISTING NORTHEAST ELEVATION 21 NEW NORTHEAST ELEVATION SCALE NOTE: NOTES:
1 A-3
1 A-3.1
279

ERICSSON

ERICSSON
APPLICANT:

ENGINEER:

REVISIONS:

LICENSEE:

PROJECT INFORMATION:

SHEET TITLE:

SHEET NUMBER:

Eukon
www.eukongroup.com
65 POST, SUITE 1000
IRVINE, CA 92618
TEL: (949) 553-8566
an SFC Communications, Inc. Company

THIS PAGE CONTAINS CONFIDENTIAL, PROPRIETARY

OR TRADE SECRET INFORMATION EXEMPT FROM
DISCLOSURE UNDER APPLICABLE LAW.

EXP. 12/31/22
(;,67,1*$1'1(:
(/(9$7,216
EXISTING SOUTHWEST ELEVATION 21 NEW SOUTHWEST ELEVATION SCALE NOTE: NOTES:
1 A-3
1 A-3.1
280

ERICSSON ERICSSON
APPLICANT:

ENGINEER:

REVISIONS:

LICENSEE:

PROJECT INFORMATION:

SHEET TITLE:

SHEET NUMBER:

Eukon
www.eukongroup.com
65 POST, SUITE 1000
IRVINE, CA 92618
TEL: (949) 553-8566
an SFC Communications, Inc. Company

THIS PAGE CONTAINS CONFIDENTIAL, PROPRIETARY

OR TRADE SECRET INFORMATION EXEMPT FROM
DISCLOSURE UNDER APPLICABLE LAW.

EXP. 12/31/22
(;,67,1*$1'1(:
(/(9$7,216
EXISTING SOUTHEAST ELEVATION 21 NEW SOUTHEAST ELEVATION SCALE NOTE: NOTES:
1 A-3
1 A-3.1
281
Exhibit B
ToRM AW 10 RI, II 1-411
t.• 'at
RIGHT-OFWAYiEASEMENT
4-7

THE UNDERSIGNED,
LDT nitaxen_aal altaLl14 DALCAlla._hvtbsad and wife. mod tA)t3AAR/LI and 1:0/0510A liARRII,t, has/land and wit
for and in eotsaideration of the atm of Ten Dollars (110.00), lawful motley of U. 1/nitad fliatas, paid by SOUTHERN CALIFORNIA EDISON COMPANY LTD. i Corporation, racaipt whereof

1. itershY isohnowi•dtad. harahy scants. bargains, sell, and eonsays unto maid SOUTHERN CAL.T- FORMA EDLSON COMPANY LTD., a Corporation, It.. auceessora and whips, those pannanant end exclusive aaannenta and righti of way to construct, reeonitruet, maintain, optrate, maim, improve, more, repair and renew An the& trananbalon /tee occealating of e Una of BLet towers, sires, cables and other etrueinreo, Including ground wire', both overhead and underground, and communication circuits with nectaaary and eonwenient foundatione, insulators and enoss•enne plitet1 on said tou'erii, and other appurtenances connected therewith, convenient and neemary for the conetructio. , maintenance, operation, regulation, control and grounding of electric tranemin.

Rion Um for the purpose of transmitting, distributing, regulating. using and controlling electric energy, together with the right and easement for made, Ingress, /gm' and other convenient pur- poses needed Dr &aired at any titne by the grantee, and the right and easement to oonstrnet, re- construct, maintain And overate the 1111111, and the right to clear and keep deer tiald riuteertenti and the reel property affected thereby, free from explotiven, Intildlnia, structures, trees, brush and inflammable materials, for the protection from Are ad other hairdo: in, under, upon, over .out arrass a strip of land_ _ _ _ feet wide Upon
the following deacribed lands and premise+, situated In the County of. irsam_hernardino Slate of. _ .___, to-wit:

Lott, 21, 50, 51 id 52 In Tract So. 2152, AA par sap recorded in Rook 31, pages PI and SI, ot Asps, records of arid Gcnuat, of &en Bernardlova.

SAN EIPPIARJRNO
R. r 0 RECCRDED
ititT, ___23 DAT E tt,Oce IPtir
isOOK arf_-_- PAGE
..• j,0. b } F-1 Asid 'hip of j.144j.144is,deactribe4 ka foliose' H.•El R . *it DEEDS C::-.] IL ...t. ., That portion of a strip of lard, 150 feet Tads'

within t.11, above deccribed land
..' of tho Grantor, Us canter lin. or said strip of land being dam:m.16kt s.8 !olives 1 Nogionici at a point in tha north line of tha Soutbasst ons,,uarter of Section 34, is Township 1 South, Range 6 last, 5.15.1.1. 11., to point is north kW 55' 3111 Wait, 99944 foot, waasuried along said North line, from ion. -inch iron pipe set for ,,. the last orio-quartor corror of said Bootion 3.4, maid point of beginning Nang also is South 09° 551 38,' Zest, 1647,09 feet, ier,ra or lose, siatAtrad along said North 11.154, from a one and ons-half irtla iron pipe set for the cantor of said Sactioci 343 thaws from said point of bsgianing Booth 43° 451 2.31 Isat,i 36413.03 fast, lora or lase, to a point in the South lino of paid Tract W. 2152, said South line cti-ng also tha South linos of said Section 34, which point it South 09° 42' .471 Mat, 605.39 fast, amasured alciog said South iins, from a 051 and one-half inch iron pip* sat for the intarseotion of said South lira with the cantor lino of Fontana Menus, sr said fact to. Avenue is anon, 50 fast rids, on sap of said Tract No. 2152.

The northwest -way toundary lino of said strip of land to be ertandad South- vietorly so aa to tarainata in saiti South lira of Tract No. 2152. 282
Grantee shall have the right to *se existing roads and rulte such additions thereto, on the lands at the Grantor, as ekall be convenient and neessaary to the Grastke's us of sald Right of Way.

Together with ail necessary and convenient moan, of inrsea ond egress to and from said "hero described right of way strip, fee the uses and ptuposea and the exorcizing of the right& hereto granted. Said right of entry nay be exercised by trudge!, entomb/lei or other vehicles or Ley foot, u tbsy colt the 000,1,613140 of said grantee, Its swum" or signs.

The Grantors reserve the rights for water pipe linee and roads under and urns/ the land described in this easement provided these rights do not interfere with operation and maintenance of the tranuniaalon line. of the artntee.

Grantee 'hall have the right to install end to nu gates in any ferheei whkh are now or may be hermit/1r eonstrutted on said land' of the granter:, for the purpose of permitting orevenient entry to slid right of env 'trip. Any rates which are installed by Grantee on maid lamb shall be locked with grentee'e locks, and also, If the grantor in desiret, may be locked with the grantar'e locks, in such a manner that either can lock or unlock the Estee Any gates which are Installed and lacked by the grantor and usad by the grantee shill be locked also by the grantee's lacks so that either NW lock or unlock the gates.

Grantee shell hive the right to asks Ruch surfers cute within said right of way strip as may be neeeseary to maintain the clearance from emiductors to the mine of the mood that msy be molted by the orders of the State Railroad Commleakier or other Governmental body haring jurisdietiot thereof, or as may be netossary for the economical construction, maintenance and olocralket of said tranemlasioo line,
The grrnter, hie kiln, vacuum or amigos, shill have the right to culUnta the land within the tight of way etrip for any and all crops whirdi may be given therm, without hotel, ferrite with the right& herein granted to the grantee, Its eurceasors or emir* isorkild that said grantor, hla hen, succesum or aulgoi, in the us of said hod, ehall not permit or alkrcr any accurriulatioe of expiesiei or inftumnatle autariale talkie the said right of tr&Y oiliP or so mar thereto as to woeldlete, in the opinion of the ermatet, Its 1104611011,0r1 or assigns, a memo, or deism to said tre.neroLialon 11M4. In C4411 the grantor, hie heirs or assign', Alit grow orchard or other treed within the limits or Wel right of way etrip, they shall act permit the unto to attain a height in tetras of_ __14.__ __feet above the ladies of the grotwed, and in cue in, such tries shall grow taller than said height, thee the grantee, its summon or asalevis, ghat have the right to trim the same In order to maintain said height is a maximum,
The Grantor grants to the Grantee, It. BUCCIWTII send amigos, the right to trim or top and to keep trimmed or topped any and ell trees on the lendo of the Grantor adjacent to mid right of way strip for a disUme. of__Ii____feet (torn the exterior linN of the eight at way strip, to euch heights as In the judgment of the Grantee. it. Jurors/an and assigns, shall be reasonably necessary for the proper eoutruction, opereticen arid maintermnoe of said electric line., bot it no point (*Amide the right of way step to a height lees th It is underetood uti agreed that the grant of this easement does riot oonvey to the Genies any right, title or Intermit in any all, gu or hydrocarbon eubetances or minerals within the limits of the right of way Or otherwise, but that the Grantor, In prompecting for or altVeleopilag OIL gas, hydrocarbon substances or minerala, will do so from adjeeent land and in such a mariner as not to Interfere with the structures erected by the Grantee or with the operation of the tranemluton line of the Grantee.

It la further understood and agreed that no other easement or easement/ than be granted on, under or over said strip of land by the grantor to any person, firm or corporatdoo without the previous written wheent of said grantee.
_
441
.tp
283
X; TR] :41•Tudiy P,
`.1 ..•
TO HAVE AND To HOLD 'lire abase mentioned euements and rights unto SOUTHERN CAL1PORNIA EDISON COMPANY LTD., its ~ors and wind farwver.

IN WITNESS WHEREOF, 1.1ei.,_hare hereunto aet_cur_.hand_x this laSth dey of liotober
vaTNEss:
d3~1.4_,
.L‹-Y
srATE OF_retlitemaist._ _
COUNTY OP_San bernaffing
On thls-2Eth—day ot—.--Dateber 1911_, before me,
)futts . , s Notary Publics in and for said Comity and State, duly earnmiselorsed att41 qualified, personally appeared_rata..»arrilaaunif~,— bey Dalertnr and Caroline. Deluxe.
known to me to be the >stunt. rtitrac name_11. are _subscribed to the foregoing Instrument, and acknowledged to me that ..t.he-g. executed the urns.

IN WITNESS WHEREOF, I hews hereunto set my hand and affixed my cestal seal Is add County, the day and year In Ode certificate first lbene written. t7C) • Waltz, Pabtk is and far the Cram(' afigkri, 54 rnkrdtelliala

STATE OF CALIFORNIA,
COUNTY OP kar..9.raig . . 1".

Ors the__ 25th4ay of.— - _Qattara? the year one thousand, nine hundred and ter trn"-- before m.,—hthie -.--, a Notary Pubic in
and for said County, personally appeared—_01,5a_nensaL pst or.ily known to me to be the same person whore Iniller is subscribed to the within inetrurnerst an a subscribing WitbRIU thereto, who, being by me duly aworn, deposed Hod said timbale resides in the County of_fan flarze.rdloo State of California, thatdie wan prompt and rawrr.114.. . 1P)
pi-meetly known tolaLrto be the /AM puma_ detcribed In and whom :sums- -rims- subscribed to the within instrument an a party therwto, execuist and deliver the Ilan»; and thstliwyerknowledged to mid thstliseyixecuted the same: and thatist, the ,.Mant, then end there subecribed iser__ name to said instrument as a witness.

IN WITNESS WHEREOF, I hats hereunto bet my hand and aflitted my official aul In said County, the day - la this certificate first 'bore written.
vi.sersrb.sr.i ..a.ry 4, 114.2
Notary MIA"' a.d tar 46a C.analy imelax,_BarAitriiiiia-- -114ga at Calktain3a 284
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:

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DEC 10 MI5 114 LK ogit 1859 ;
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285
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0786 Agenda Date: 4/14/2026
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case No. 26-0007 and Municipal Code Amendment No. 26-0001: Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to definitions and uses related to medical land uses in commercial zones, the definition and regulation of business parks, screening requirements for loading areas in industrial zones, and regulations in the Form-Based Code zone, including the definition of frontage coverage, maximum setback standards in the Route 66 Gateway sub-district, glazing requirements for the Shopfront frontage type, and landscaping in parking areas, pursuant to a categorical exemption from the California Environmental Quality Act (“CEQA”)in accordance with CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3).

RECOMMENDATION:

Open the public hearing, receive public testimony, close the public hearing and by motion:

1. Find that the adoption of the proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”)pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and10.59 of the 2019 Local Guidelines for Implementing CEQA.

2. Waive full reading and introduce for first reading by title only Ordinance No. 1985 entitled: “An Ordinance Of The City Council Of The City Of Fontana, California, Amending Multiple Sections Of The Fontana Municipal Code, Including Amendments To Sec. 30-12 Pertaining To The Definition Of Acute Care, Urgent Care And Business Park; Sec. 30-358 Pertaining To The Definition Of Frontage Coverage; Sec. 30-368 Pertaining To The Maximum Setback For Buildings In The Route 66 Gateway Subdistrict Of The Form-Based Code Zone; Sec. 30-386 Pertaining To The Minimum Glazing Standard For The Shopfront Frontage Type In The Form-Based Code Zone; Sec. 30-389 Pertaining To Required Landscaping In Parking Areas For Mixed-Use And Commercial Developments In The Form-Based Code Zone; Sec. 30-489 Pertaining To The Urgent Care And Acute Care Land Uses In The Commercial Zones; Sec. 30-538 Pertaining To Required Screening Of Loading Areas In Industrial Zones”. And Finding The Action To Be Categorically Exempt From CEQA Under CEQA Sections 15060(C), 15378, and 15061(B)3).” COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Provide a diverse range of housing types and levels of affordability while addressing City of Fontana Printed on 4/9/2026Page 1 of 3
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File #: 26-0786 Agenda Date: 4/14/2026
Agenda #: A. Category: Public Hearing
homelessness in the community by promoting diverse range of housing projects and levels of affordability.

DISCUSSION:

BACKGROUND
The City of Fontana’s Zoning and Development Code regulates the development of commercial, industrial and residential projects. Staff conducts ongoing reviews of the Municipal Code to determine where language within the code would benefit from updates, clarification, redefinition, or additions to help streamline and facilitate the development process and commercial business activity.

On March 17, 2026, the Planning Commission considered a request for an amendment to Chapter 30 regarding Municipal Code Amendment No. 26-0001. The Planning Commission voted unanimously to approve a resolution recommending that the City Council approve the proposed ordinance.

PROJECT DESCRIPTION
Municipal Code Amendment No. 26-0001 provides updates to Section 30 (Zoning and Development Code) as described below. A detailed list of the proposed amendments is provided within Exhibit “A” of the Ordinance.

ANALYSIS
The request includes the following modifications:

Definition of acute care and urgent care - Addition of definition of acute care and urgent care medical uses to provide a clear delineation between the uses.

Medical uses in commercial zones - Modifications to allowable land uses in the Community Commercial (C-1) and General Commercial (C-2) zones to allow urgent care uses as they are similar to typical medical offices. Acute care uses will continue to be disallowed.

Definition of business parks - Modification to the definitions to eliminate unnecessary and redundant definitions of terms that do not appear elsewhere in the Zoning and Development Code and to clarify the type of development that qualifies as a business park.

Modification to special use regulations pertaining to business parks - Exclusion of business parks from the special use regulations applicable to warehousing distribution and logistics land uses in the Light Industrial (M-1) zone.

Screening of loading areas in Industrial zones - Modifications to clarify that the requirement to screen loading areas applies to dock doors and truck courts.

Definition of frontage coverage in Form-Based Code zone - Modification to the definition of frontage coverage in the Form-Based Code zone to ensure clarity and uniform application.

Maximum setback standards in Form-Based Code zone - Modification to required maximum setback for buildings in the Route 66 Gateway subdistrict of the Form-Based Code zone to allow for a greater setback and consistency with existing development in the area.

Glazing requirements for the Shopfront frontage type - Modification to allow the use of spandrel City of Fontana Printed on 4/9/2026Page 2 of 3
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File #: 26-0786 Agenda Date: 4/14/2026
Agenda #: A. Category: Public Hearing
Glazing requirements for the Shopfront frontage type - Modification to allow the use of spandrel glass to fulfill the minimum glazing requirement for this frontage type.

Landscaping in parking areas in Form-Based Code zone - Modifications to require that mixed-use or commercial development parking areas comply with landscaping requirements applicable to similar development in other zones.

In summary, the proposed amendments will provide for flexibility and streamlining of the City’sZoning and Development Code to facilitate desirable development within the City.

ENVIRONMENTAL REVIEW:

The proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”)pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common- sense exemption), and Sections No. 3.01, 3.22 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the ordinance is covered by the rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and also by the common sense exemption which provides that, where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments are minor in nature and do not have the potential for causing significant impacts on the environment; therefore, the exemptions are appropriate.

ATTACHMENTS:

Attachment No. 1 - Ordinance
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - Planning Commission Minutes
Attachment No. 4 - Public Hearing Notice
FISCAL IMPACT:

None.

MOTION:

Accept staff’s recommendation.

City of Fontana Printed on 4/9/2026Page 3 of 3
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ATTACHMENT NO. 1
ORDINANCE NO. 1985

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

AMENDING MULTIPLE SECTIONS OF THE FONTANA MUNICIPAL CODE, INCLUDING AMENDMENTS TO SEC. 30-12 PERTAINING TO THE DEFINITION OF ACUTE CARE, URGENT CARE AND BUSINESS PARK; SEC. 30-358 PERTAINING TO THE DEFINITION OF FRONTAGE COVERAGE; SEC. 30 -368 PERTAINING TO THE MAXIMUM SETBACK FOR BUILDINGS IN THE ROUTE 66 GATEWAY SUBDISTRICT OF THE FORM -BASED CODE ZONE; SEC. 30 -386 PERTAINING TO

THE MINIMUM GLAZING STANDARD FOR THE SHOPFRONT FRONTAGE TYPE IN THE FORM -BASED CODE ZONE; SEC. 30 -389 PERTAINING TO REQUIRED

LANDSCAPING IN PARKING AREAS FOR MIXED -USE AND COMMERCIAL DEVELOPMENTS IN THE FORM-BASED CODE ZONE; SEC. 30-489 PERTAINING TO THE URGENT CARE AND ACUTE CARE LAND USES IN THE COMMERCIAL ZONES; SEC. 30 -538 PERTAINING TO REQUIRED SCREENING OF LOADING AREAS IN

INDUSTRIAL ZONES , PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH CEQA GUIDELINES SECTIONS 15060(C), 15061(B)(3), AND SECTION 15378 AND DIRECTING STAFF TO FILE A NOTICE OF EXEMPTION.

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

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

WHEREAS, through Municipal Code Amendment (“MC A”) No. 26-0001, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“FMC”); and

WHEREAS, the City of Fontana General Plan (“General Plan”) includes policies and actions calling for numerous updates to the FMC; and

WHEREAS, Section 30-12. – List of definitions. is amended to add definitions for acute care and urgent care , to modify the definition of business park , and to eliminate additional definitions of business parks; and

WHEREAS, Section 30 -358. – List of definitions. is amended to modify the definition of frontage coverage; and

WHEREAS, Section 30-368. – Route 66 gateway district. is amended to modify the maximum building setback in the Route 66 Gateway subdistrict of the Form -Based Code zone; and

WHEREAS, Section 30-386. Shopfront. is amended to allow the use of spandrel glass, or similar, to fulfill the minimum glazing requirement; and 289

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WHEREAS, Section 30-389. – Fences, hedges and walls. is amended to require landscaping in parking areas of commercial and mixed -use developments in the Form - Based Code zone; and

WHEREAS, Section 30-489. – Uses permitted. is amended to allow the urgent care land use in Commercial zones; and

WHEREAS, Section 30 -532. – Special use regulations . is amended eliminate business parks from warehousing distribution/logistics special use regulations; and

WHEREAS, Section 30-538. – Screening. is amended to clarify that screening of loading areas pertains to dock areas in Industrial zones; and

WHEREAS, the amendments in MCA No. 26-0001 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City, the Housing Element policies and the Zoning and Development Code; and

WHEREAS, the amendments in MCA No. 26-0001 are in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and

WHEREAS, the amendments in MCA No. 26-0001 attached hereto as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of property; and

WHEREAS, on March 17, 2026 , the Fontana Planning Commission (“Planning Commission”) held a public meeting on MCA No. 26-0001 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question m ay have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, the Planning Commission carefully considered all information pertaining to the municipal code amendments, including the staff report, and all the information, evidence, and testimony presented at its public hearing on March 17, 2026; and
WHEREAS, on April 14, 2026, the City Council held a public hearing on MCA No. 26-0001 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments and documentation from the Planning Commission’s public hearing on March 17, 2026; and
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WHEREAS, the City Council carefully considered all information pertaining to MCA No. 26-0001 that was presented at its public hearing on April 14, 2026; and

WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

Section 2. CEQA. The City Council hereby determines that the code amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 1 5378, and 15061(B)(3) (the common -sense exemption) and Sections 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA.

Staff is directed to file a Notice of Determination pursuant to the foregoing.

Section 3. Municipal Code Amendment Findings. The City council hereby makes the following finding for MCA No. 26-0001 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

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

Finding of Fact: The proposed Municipal Code Amendments will clarify and streamline the City’s development requirements and processes while facilitating housing, commercial development and supporting the business community. As such, they promote the General Plan goals of adequate housing to meet the needs of all residents in Fontana and promoting a diversified economy.

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 26-0001, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.

The City Council further stipulates that the ordinance adopting the amendments to the Zoning and Development Code, under MCA No. 26 -0001, does not apply to development applications deemed complete by the City of Fontana Planning Department prior to the ordinance’s effective date. The City C ouncil also stipulates that any such completed pre -adoption applications not conforming to these amendments after the 291

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ordinance’s effective date, once approved by the appropriate approving body, be granted legal non -conforming status, with all applications deemed complete on or after the ordinance’s adoption being subject to its provisions.

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

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 16860 Valencia Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

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

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

APPROVED AND ADOPTED this 14th day of April 2026.

READ AND APPROVED AS TO LEGAL FORM:

____________________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 14th day of April 2026, and was finally passed and adopted not less than five days thereafter on the 28th day of April 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________________
City Clerk of the City of Fontana
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_____________________________________
Mayor of the City of Fontana

ATTEST:

_____________________________________
City Clerk
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“EXHIBIT A”

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

ARTICLE I. – GENERAL PROVISIONS AND DEFINITIONS

Sec. 30-12. – List of Definitions

Text prior to remain unchanged
…
Acreage, gross means all land within a defined area, including private ownerships and future public rights-of-way, easements, etc.

Acute care means a 24-hour facility licensed by the State to provide diagnostic, therapeutic, and rehabilitative services by or under the supervision of physicians. This use is characterized by inpatient beds for stays exceeding 24 hours, surgical suites, and intens ive care units. It may include "Emergency Services" (Level I-V Trauma Centers) as a primary or accessory use, along with helipads, laboratories, and specialized treatment wings.

Addition means any construction that is attached to an existing building and which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

…
Bus terminal means a use that includes a building and area in which patrons of a private or semi- private for-pay passenger tra nsportation service may purchase tickets on site (or off site if the point of sale is the subject site) for passage on a motor carrier, may board or disembark such motor carrier, and which may allow such motor carrier to remain in a secured area for more than two hours at a time. For the purpose of this definition, "motor carrier" shall mean a bus, van, limousine, or similar multi -passenger vehicle. Bus terminals may provide for the storage, maintenance, and services of busses including repair, washing, and fueling facilities. A bus terminal may include a bus depot. (See definition of "bus depot".)

Business park , general means a group of three or more substantially compatible and cross - supporting uses, typically in separate buildings with multiple tenant spaces, on a single parcel or multiple contiguous parcels of land that are planned, developed, and operated as an integrated site with shared common areas for such uses and supporting ancillary uses. Special design attention is given to circulation, parking, utility needs, aesthetics, and compatibility. Basic elements of a business park include, but are not limited to, the following: developments that are themed to a particular profession or discipline and contain strong branding; shared open space, parking, and amenities; architectural, design, and signage consistency; on -site management, property owners associations (POAs), governing documents such as covenants, conditions and restrictions (CC&R's), and may be held in condominium or in fee ownership. A development containing a cluster of buildings designed for a mix of research and development, light manufacturing (involving no raw materials), and administrative and professional offices. Business parks are characterized by a campus -like setting with unified architectural design, extensive landscaping, and the excluding of heavy industrial activities that produce significant noise, odor, or outdoor storage.

294

Business park, industrial means a group of three or more industrial uses, typically in separate buildings with multiple tenant spaces, on a single parcel or multiple contiguous parcels of land, that are planned, developed, and operated as an integrated site with shared common areas for such uses and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. Incidental supporting uses that are ancillary to the main business park, may be permitted by the Director of Community Development provided specific written findings.

Business park, logis tics means a group of three or more trucking related uses, typically in separate buildings with multiple tenant spaces, on a single parcel or multiple contiguous parcels of land, that are planned, developed, and operated as an integrated site with shared c ommon areas for such uses and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. Incidental supporting uses that are ancillary to the main business park, may be permitted by the Director of Community Development provided specific written findings.

Business park, office means a group of three or more office uses, typically in separate buildings, on a single parcel or multiple contiguous parcels of land, that are planned, developed, a nd operated as an integrated site with shared common areas for such uses and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.

Incidental supporting uses that are ancillary to the main business park, may be permitted by the Director of Community Development provided specific written findings. …

University or college means an educational institution of higher learning which offers a course of study designed to culminate in the issua nce of a degree as defined by the Education Code § 29002 of the State of California, or successor legislation.

Urgent care means an establishment providing immediate, short-term medical treatment for acute illness or injury on a walk-in basis, typically outside of standard business hours (8:00 am – 5:00 pm). Unlike a Medical Office , it does not primarily serve a permanent patient base through scheduled appointments; unlike an Emergency Room, it is not equipped to handle life-threatening trauma or overnight stays. These facilities may include diagnostic services such as imaging and laboratory testing as accessory uses.

Use means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is, or may be, occupied or maintained.

…

Remainder of section to remain unchanged

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ARTICLE III – FORM BASED CODE

Sec. 30-358. – List of definitions.
…
Frontage means a strip or extent of land abutting a thoroughfare, civic space or other public right- of-way.

(1) Frontage, private. The area between the building facade and the shared lot line between the public right-of-way and the lot.
(2) Frontage, public. The area between the curb of the vehicular lanes and the edge of the right-of-way.

Frontage coverage means the minimum percentage of the length of the frontage coverage zone that shall be occupied by a primary building façade(s) the minimum percentage of a lot’s width that must be occupied by a building façade, measured at the maximum setback line. This calculation ensures the continuity of the “street wall” and prevents excessive gaps between buildings that disrupt the pedestrian environment . Frontage coverage requirements shall not be applied to project sites less than 75 feet in width as measured at the front property line adjacent to the public right-of-way.

Frontage coverage zone means the space between the minimum and maximum front yard setback lines and the minimum size yard or front yard setback line.

Remainder of section to remain unchanged.

…

Remainder of section to remain unchanged

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Sec. 30-368. Route 66 gateway district.

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

Residential or Mixed-Use Density Minimum Maximum
18 units/acre 39 units/acre
Commercial Floor Area Ratio (without a
residential component)
— 2.0
Setback Building setback from PL
Front Side/Rear
Min. (ft.) Max. (ft.) Min. (ft.)
i. Front Street 0 10*/25 on
parcels
without
frontage on
Foothill Blvd.

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

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

Allowed
Building Types
Min Max.

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

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

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

Remainder of section to remain unchanged.
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Sec. 30-386. Shopfront.

In the shopfront
frontage type, the main facade of the building has an at-grade entrance along the public way.

This type is intended for retail and other commercial uses. It has substantial glazing at the sidewalk level and may include an awning that may encroach into the ROW. It may be used in conjunction with other frontage types.

Size
Ground floor transparency 40% min.

Ground floor transparency may be achieved through the use of spandrel glass or similar, to the satisfaction of the Director of Planning.

Awning
Depth 4 ft. min.

Setback from curb 2 ft. min.

Height, clear 8 ft. max.

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Design Standard
Shopfront glass shall be clear without reflective glass frosting or dark tinting. Shopfront windows may be clerestory windows (horizontal panels) between the shopfront and second floor/top of single-story parapet. Glass clerestory may be of a char acter to allow light, while moderating it such as stained glass, glass block, painted glass, or frosted glass. Shopfronts with accordion - style doors/windows or other operable windows that allow the space to open to the street are encouraged. Operable awnings are encouraged.

Sec. 30-389. Fences, hedges and walls.

(a) Single-family and multi-family site walls and fencing.

(1) Low walls or hedges may be used to divide space, create a variety in landscaping and to define site edges.

(2) Locate fences or walls on the property line (excluding the front property line) to define private open space and common open space areas, protect privacy, and buffer residents from noise sources.

a. Use masonry materials for sound reduction purposes.
b. Masonry walls shall include a top or cap.
c. Wood and chain link fencing is prohibited. However, wood picket fencing shall be allowed in the front yard setback area of the neighborhood district.

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(4) Design fences and walls to be an attractive part of t he project, with materials and designs that are compatible with the exterior building materials and demonstrate design integrity with the project as a whole.

(5) Front yard fencing and walls shall comply with the following requirements as applicable:
a. Single family. Open fencing and solid walls shall be setback from the sidewalk by at least two feet to allow for landscaping; not grass that must be mowed or trimmed; b. Multi-family. Open fencing and solid walls shall meet the standards in Table 30 - 389.A.
(6) The overall height of fencing, when present, shall not exceed the standards in Table 30-389.A. below:

Table 30-389.A.—Maximum Height of Fences or Walls

Location of Fence or Wall Maximum Height
Within front or side street setback
Solid wall 3 feet
Open fencing 4 feet
Not within front or side street setback 6 feet
Interior side and rear property line 6 feet

(b) Mixed-use or commercial site walls and fencing.
(1) Walls and fences shall meet the requirements of Section 30-494(g) and Section 30-500 of the Zoning and Development Code.
(2) Fence design. Fences shall be constructed, designed and maintained as follows:
a. Permitted materials. Fencing visible from public view should be open work such as wrought iron and metal (tube) fences with design features. Masonry, stucco and plaster are permitted when deemed more appropriate to the design of the building on the project site.
b. Fence maintenance. Every fence shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for landscaping and maintaining the area, if any, between the property line and the owner's fence. c. Hazardous and prohibited materials. Fences shall not incorporate barbed wire and razor wire, spiked tips, chain link of any kind, woven wire mesh ("chicken wire"), welded wire mesh, woven wire ("hog wire") rope, cable, railroad ties or any other similar materials or materials not specifically manufactured for permanent fencing. (3) Walls and fences in parking areas. Fencing and walls in parking areas shall be landscaped in adherence to standards in Sec. 30-670(a)(8). 300

ARTICLE VI. – COMMERCIAL AND MIXED-USE ZONING DISTRICTS

Sec. 30-489. Uses permitted.

(a) Uses by zoning district. Table No. 30-489, lists the uses permitted in each of the commercial and mixed-use zoning districts. A "P" indicates a use is permitted by right subject to design review by the Planning Commission, administrative site plan review by the Director of Planning, or regulatory permit issued by the City, an "M" indicates the use requires the granting of a minor use permit approved by the Director of Planning, a "C" indicates the use requires the granting of a conditional use permit approved by the Planning Commission, and "—" means the use is not permitted in that zoning district. (b) Uses subject to specific requirements. Permitted uses marked with an asterisk "*" indicate that the use is subject to special use regulations in Chapter 33, Section 30-491 and Chapter 15 of the Municipal Code. Conditional uses are subject to the provisions in Section 30-492. (c) Uses marked with a superscript ** indicate that the requirement pertains to parcels with frontage along Foothill Boulevard between Ilex Street to Maple Avenue.

Table No. 30-489
Allowed Uses within Commercial Zoning Districts
Use C-1 C-2 RMU
Retail Sales
Adult businesses P* P* —
Antique shop P P P
Automobile sales agency with or without incidental repair and sales display area
— C C
Automobile supply store (no machine shop) P P P
Bakery goods store P P P
Bar, cocktail lounge C C C
Bicycle shop P P P
Boat sales with incidental repair and sales display area — C C Book store P P P
Building materials, retail sale of (if contained within a completely enclosed building)
— P P
Building materials with outdoor storage — —**
/P*
P*
Blueprinting establishment — P P
Cannabis retailer, storefront (with City Permit) P* P* — Caterer P P P
Clothing store P P P
Computer store P P P
Convenience store P P P
Cafés (cyber, animal, gaming) P** /C P** /C C
Department store — P P
Discount store P P P
Drugstore P P P
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Electrical Supply Store P P P
Feed store C M —
Florist shop P P P
Furniture store P P P
Garden furniture and supplies store P* P* P*
Glass or mirror store P P P
Grocery, fruit, vegetable, meat, fish, poultry, or delicatessen store P P C Hardware store P* P* P*
Hobby supplies store P P P
Home furnishing store P P P
Household appliance store P P P
Ice cream store P P P
Ice storage locker (if not more than five-ton capacity) P P P Interior decorating shop P P P
Jewelry and coin store P P P
Liquor store C C C
Micro-brewery — C C
Newsstand P P P
Novelties store P P P
Nursery, plant (includes statuary sales) P* P* P*
Paint and wallpaper shop P P P
Pawn shop — C C
Pet boarding — M —
Pet shop P P P
Plumbing supply store — P P
Radio, television, and small electrical appliance shop (including repair when incidental to retail sales)

P P P
Restaurant, café, excluding those having dancing and/or floorshows.

Alcohol beverages are not permitted.

P* P* P*
Restaurant and café with entertainment and/or dancing. Alcohol beverages permitted. (See Section 30-492 for alcohol beverage sales) P*/C* P*/C* C*
Restaurant, café, without entertainment an d/or dancing. alcohol beverages permitted. (See Section 30-492 for alcohol beverage sales)

Warehousing sales, wholesale — C P*
Business and Professional Offices
Administrative and professional offices involving no retail trade P P P Art gallery P P P
Financial institution P P P
Clinic, medical or dental, acupuncture ( not including acute and For urgent care, see land use below)

P P P
Convention centers — — P
Government offices P P P
Medical laboratory — P P
Optician P P P
Pharmacy P P P
Radio/television studio (with transmitter) — C C
Studio (without transmitter) P P P
Studios for professional work or teaching of any form of fine art P P P Urgent care P/—
**
P/—
**
P/—
**
Service Establishments
Ambulance service P P P
Animal hospital M P C
Animal hospital (with boarding) — M —
Assembly/meeting hall for, private clubs, religious services, or similar uses

C C C
Automobile fueling station C C C
Automobile and truck rental, two-ton, single unit maximum — C C Automobile/vehicle body and fender repair shop — C C Automobile/vehicle repair C C C
Automotive custom repair (includes lowering and lifting) C C C Automotive stereo, alarm and upholstery installation C M M Automobile wash — M M
Barber shop or beauty parlor P P P
Chemical substance abuse facility C C C
Cleaners P* P* P*
Clothing and costume rental establishment P P P
Community care facility C C C
Community center C C C
Construction trailer (temporary use permit) P* P* P* Convalescent hospital M M C
Copying, packing and mailing services P P P
Day care—Commercial M M M
Day care—Commercial (24-hour) — C C
Depot—Bus — P* P*
Depot—Railway, park-and-ride — P P
Dressmaker or millinery shop P P P
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Equipment rental —**
/—
—**
/P*
P*
Fortune-telling P P P
Hospitals, acute, and urgent care —**
/—
—
—**
/M
M
Hotels — C C
Laundromat, self-service P P P
Locksmith P P P
Machine shop —**
/—
—
—**
/C
C
Masseur or masseuse, day spa, acupressure — C C
Self-storage facility — C C
Mortuaries — C C
Library P P P
Museums P P P
Motel — C C
Music and vocal instruction P P P
Nursing home M M C
Parks P P P
Photographer P P P
Pick-up truck rated over one ton (carrying weight), commercial truck or van, or trailer rental
— C C
Picture framing store P P P
Post office M M M
Printer, blueprint shop — P P
Private schools C C C
Public utility structures and facilities M M M
Publishing establishments — P P
Repair shop for household appliances —**
/P
—**
/P
P
Schools such as business colleges, music conservatories, dancing schools, and other schools that offer training in nonindustrial professions

Upholstery shop —**
/—
—
—**
/P
P
Wedding chapel P P P
Amusement Establishments
Amusement enterprise for children including pony rides (no stables), merry-go-round, and the like when incidental to a permitted use

P P P
Amusement park P**
/—
P** /C C
Arcades—Pinball, video, and the like P**
/—
P** /C C
Archery range P**
/—
P** /C C
Baseball; batting range P**
/—
P** /C C
Bowling alley P** /C P** /C C
Boxing arena P**
/—
P** /C C
Banquet hall C**
/—
C C
Golf, driving range, miniature, pitch and putt P**
/—
P** /C C
Gymnasiums, health spas, or physical culture establishments under 4,000 square feet in floor area

P P P
Gymnasiums, health spas, or physical culture establishments over 4,000 square feet in floor area
P** /C P** /C C
Nightclub C**
/—
C C
Pool hall, billiard center C C C
Skating rink, roller or ice P** /C P** /C C
Smoking lounge, hookah lounge, vapor lounge, e-lounge (allowed only as a secondary use to a full-service restaurant)

C C C
Theater, indoor P** /C P** /C C
Indoor playground/recreation P P P
Residential uses
Senior housing M M M
Multiple-family dwellings with an area plan C
Other Uses
Animal kennel — C C
Animals, small—Keeping and raising P* P* P*
Antenna, transmitting C C C
Cemetery and related uses — M C
Construction trailer P* P* P*
Home occupation P* P* P*
Homeless shelters — — —
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Emergency shelter subject to the activation of an emergency operation center

P P P
Metal storage containers (temporary storage only with a temporary use permit)
P* P* P*
Museum and art galleries P**
/—
P** /M M
Parking lots (not related to use on same property) — P P Parking structures — P P
Research and development — P P
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ARTICLE VII. – INDUSTRIAL ZONING DISTRICTS

Sec. 30-532. – Special use regulations.
…

(7) Warehousing distribution/logistic/business park regulations in the M -1 Zone. The following does not apply to M-2 zoned parcels. M-2 zoned parcels shall be per the Development Code for warehousing.

Intent. The intent of allowing warehousing is to provide for well-planned and orderly development of business parks and warehousing distribution/logistic uses on properties within the M -1 industrial zone.

a. General standards. The development standards and design guidelines, including elevations herein, for warehousing distribution/logistics and business park type uses shall be considered the minimum standards and conform to the Fontana Municipal Code and the following additional requirements.

Remainder of section to remain unchanged

Sec. 30-538. – Screening.
(a) Adjacent to residential zoning district. All industrial uses adjoining or abutting a residential zoning district shall be screened by a solid masonr y wall not less than ten feet in height. However, in the front yard area abutting the residential lot, the fence or wall may be lower as determined through the site plan review process. Any masonry wall shall be constructed with decorative block (split -face or slump stone, or equal, or finished on both sides with plaster, stucco.
(b) Rooftop mechanical equipment. All rooftop mechanical equipment, with the exception of solar panels, shall be screened on all sides by screening not less than the height of the equipment being screened. The screening devices shall be well incorporated into the design of the building through such features as parapet walls, false roofs, or equipment rooms.
(c) Mechanical equipment, ground. All mechanical equipment shall be screened to the extent feasible on all sides by a decorative screen wall not less than the height of the equipment being screened in conjunction with landscaping, subject to approval of the Director of Planning. The decorative screen wall shall be located between the street and the mechanical equipment not less than three -foot. The decorative screen wall shall be well incorporated into the design of the building. The other side of the equipment shall be screened with landscaping not less than ten -gallon shrubs or approved landscaping. (d) Loading areas screening.
(1) All loading dock areas shall be screened from off-site viewing view from the public right-of-way. The purpose of loading area screening is to allow for loading areas to be screened from view from the public right -of-way and to utilize screening that is architecturally compatible with the surrounding environment. (2) Where loading dock doors face a public street, any openings in the screen wall shall be positioned such that neither the loading dock doors nor the loading areas are visible from the street.
(3) All loading dock areas and all loading dock doors shall be screened from the view of the public street by decorative screen walls in combination with dense 307

landscaping, inclusive of trees, shrubs and berming, or by portions of the building such that the loading areas and doors are not visible from the public right-of-way. (4) A line-of-sight analysis shall be required with all development applications, and shall show that all loading dock areas and roll up doors are screened from view from the public right -of-way.
• A line-of-sight analysis shall at a minimum contain a site plan and cross section graphics demonstrating the line -of-sight from the right-of-way to the loading dock or storage areas at six feet above the right -of-way surface at three distinct points: The c enterline of the right -of-way and the property lines on either side of the right -of-way. The graphics shall be to scale, fully dimensional, and contain all building elevations, berms, walls, landscaping, setbacks, fences, and other structures as they are b eing proposed to be built.

308
City of Fontana
Action Report
Planning Commission
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0787 Agenda Date: 3/17/2026
Agenda #: PH-B Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. 26-0007 and Municipal Code Amendment No. 26-0001: Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to definitions for medical land uses in commercial zones, the definition and regulation of business parks, screening requirements for loading areas in industrial zones, and regulations in the Form-Based Code zone, including the definition of frontage coverage, maximum setback standards in the Route 66 Gateway sub-district, glazing requirements for the Shopfront frontage type, and landscaping in parking areas.

RECOMMENDATION:

Based on information on the staff report staff recommends that the Planning Commission adopt Resolution No. PC 2026-___; and,

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

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 26-0001 to amend Chapter 30 of the Municipal Code.

APPLICANT:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:

Citywide
REQUEST:

Municipal Code Amendment (MCA) No. 26-0001 to amend multiple sections of the Zoning and Development Code, including modifications to medical land uses in commercial zones, the definition and regulation of business parks, screening requirements for loading areas in industrial zones, and regulations in the Form-Based Code zone, including the definition of frontage coverage, maximum setback standards in the Route 66 Gateway sub-district, glazing requirements for the Shopfront City of Fontana Printed on 3/11/2026Page 1 of 3
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File #: 26-0787 Agenda Date: 3/17/2026
Agenda #: PH-B Category: Public Hearing
frontage type, and landscaping in parking areas.

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:

The City of Fontana Zoning and Development Code regulates the development of commercial, industrial, and residential projects. Staff conducts ongoing reviews of the municipal code to determine where language within the code would benefit from updates, clarification, and/or redefinition to the help streamline zoning and facilitate the development process.

PROJECT DESCRIPTION:

The City initiated Municipal Code Amendment No. 26-0001 to update Chapter 30 (Zoning and Development Code) as summarized below; a detailed list of the proposed amendments is provided within Exhibit “A” of the Planning Commission Resolution provided as Attachment No. 1.

ANALYSIS:

Definition of acute care and urgent care - Addition of definition of acute care and urgent care medical uses to provide a clear delineation between the uses.

Definition of frontage coverage in Form-Based Code zone - Modification to the definition of frontage coverage in the Form-Based Code zone to ensure clarity and uniform application.

Glazing requirements for the Shopfront frontage type - Modification to allow the use of spandrel glass to fulfill the minimum glazing requirement for this frontage type.

Screening of loading areas in Industrial zones - Modifications to clarify that the requirement to City of Fontana Printed on 3/11/2026Page 2 of 3
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File #: 26-0787 Agenda Date: 3/17/2026
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screen loading areas applies to dock doors and truck courts.

In summary, the proposed amendments will provide for flexibility and streamlining of the City’sZoning and Development Code to facilitate desirable development within the City.

MOTION:

Approve staff’s recommendation
ATTACHMENTS:

Attachment No. 1 - Planning Commission Resolution
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice
City of Fontana Printed on 3/11/2026Page 3 of 3
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ATTACHMENT NO. 1
RESOLUTION NO. PC 2026 -____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FONTANA,

CALIFORNIA, RECOMMENDING THAT THE FONTANA CITY COUNCIL ADOPT AN

ORDINANCE APPROVING AMENDMENTS TO MULTIPLE SECTIONS OF THE FONTANA MUNICIPAL CODE, INCLUDING AMENDMENTS TO SEC. 30-12

PERTAINING TO THE DEFINITION OF ACUTE CARE, URGENT CARE AND BUSINESS PARK; SEC. 30-358 PERTAINING TO THE DEFINITION OF FRONTAGE COVERAGE; SEC. 30 -368 PERTAINING TO THE MAXIMUM SETBACK FOR BUILDINGS IN THE ROUTE 66 GATEWAY SUBDISTRICT OF THE FORM -BASED CODE ZONE; SEC. 30 -386 PERTAINING TO THE MINIMUM GLAZING STANDARD FOR THE SHOPFRONT FRONTAGE TYPE IN THE FORM-BASED CODE ZONE; SEC. 30-389 PERTAINING TO R EQUIRED LANDSCAPING IN PARKING AREAS FOR

MIXED-USE AND COMMERCIAL DEVELOPMENTS IN THE FORM -BASED CODE ZONE; SEC. 30-489 PERTAINING TO THE URGENT CARE AND ACUTE CARE LAND USES IN THE COMMERCIAL ZONES; SEC. 30 -538 PERTAINING TO REQUIRED

SCREENING OF LOADING AREAS IN INDUSTRIAL ZONES , PURSUANT TO A

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

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

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

WHEREAS, the General Plan includes policies and actions calling for numerous updates to the FMC; and

WHEREAS, Section 30 -358. – List of definitions. is amended to modify the definition of frontage coverage; and

WHEREAS, Section 30-368. – Route 66 gateway district. is amended to modify the maximum building setback in the Route 66 Gateway subdistrict of the Form -Based Code zone; and

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WHEREAS, Section 30-386. Shopfront. is amended to allow the use of spandrel glass, or similar, to fulfill the minimum glazing requirement; and

WHEREAS, Section 30-389. – Fences, hedges and walls. is amended to require landscaping in parking areas of commercial and mixed -use developments in the Form - Based Code zone; and

WHEREAS, Section 30-489. – Uses permitted. is amended to allow the urgent care land use in Commercial zones; and

WHEREAS, Section 30 -532. – Special use regulations . is amended eliminate business parks from warehousing distribution/logistics special use regulations; and

WHEREAS, Section 30-538. – Screening. is amended to clarify that screening of loading areas pertains to dock areas in Industrial zones; and

WHEREAS, the Fontana Planning Commission (“ Planning Commission ”) recommends that the Fontana City Council (“City Council”) determine that the amendments qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common -sense exemption), and Sectio ns No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. Furthermore, Planning Commission recommends that City Council finds that the amendments are nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

WHEREAS, on March 17, 2026, the Planning Commission carefully considered all information pertaining to the municipal code amendments, including the staff report, and all the information, evidence, and testimony presented at its public hearing on March 17, 2026; and

WHEREAS, the amendments are consistent and compatible with the General Plan, and that the updates are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and

WHEREAS, the amendments will be in conformity with best land use practices and will establish appropriate development standards for the land use designations; and

WHEREAS, the amendments to the FMC that are attached hereto as Exhibit “A” and incorporated herein by this reference; and

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WHEREAS, the amendments will not be detrimental to the public health, safety, and general welfare, will not adversely affect the orderly development of property, will better express the City’s policies, and will generally promote good land use planning and regulation; and

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

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

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

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

Section 3. Municipal Code Amendment. The Planning Commission hereby makes the following finding for MCA No. 26-0001 in accordance with Section 30-45(b) “Hearing- Planning Commission” development code amendments of the Fontana Zoning and Development Code:

Finding: The proposal substantially promotes the goals of the City’s general plan.

Section 4. Recommendation of Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt an ordinance approving MCA No. 26-0001 to amend multiple sections of the FMC as indicated in Exhibit “A” which is attached hereto and incorporated herein by reference.

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Section 5. Resolution R egarding Custodian of Record : The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code section 21081.6.

Section 6. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 8. 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 any other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 17th day of March 2026.

City of Fontana

___________________________
Joseph Armendarez, Chairperson

ATTEST:

I, Torrie Lozano, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 17th day of March 2026, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________
Torrie Lozano, Secretary
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“EXHIBIT A”

AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout) ARTICLE I. – GENERAL PROVISIONS AND DEFINITIONS

Sec. 30-12. – List of Definitions

Text prior to remain unchanged
…
Acreage, gross means all land within a defined area, including private ownerships and future public rights-of-way, easements, etc.

Addition means any construction that is attached to an existing building and which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

…
Bus terminal means a use that includes a building and area in which patrons of a private or semi- private for-pay passenger transpor tation service may purchase tickets on site (or off site if the point of sale is the subject site) for passage on a motor carrier, may board or disembark such motor carrier, and which may allow such motor carrier to remain in a secured area for more than two hours at a time. For the purpose of this definition, "motor carrier" shall mean a bus, van, limousine, or similar multi -passenger vehicle. Bus terminals may provide for the storage, maintenance, and services of busses including repair, washing, and fuel ing facilities. A bus terminal may include a bus depot. (See definition of "bus depot".)

Business park , general means a group of three or more substantially compatible and cross - supporting uses, typically in separate buildings with multiple tenant spaces, on a single parcel or multiple contiguous parcels of land that are planned, developed, and operated as an integrated site with shared common areas for such uses and supporting ancillary uses. Special design attention is given to circulation, parking, util ity needs, aesthetics, and compatibility. Basic elements of a business park include, but are not limited to, the following: developments that are themed to a particular profession or discipline and contain strong branding; shared open space, parking, and a menities; architectural, design, and signage consistency; on -site management, property owners associations (POAs), governing documents such as covenants, conditions and restrictions (CC&R's), and may be held in condominium or in fee ownership. A development containing a cluster of buildings designed for a mix of research and development, light manufacturing (involving no raw materials), and administrative and professional offices. Business parks are characterized by a campus -like setting with unified architectural design, extensive landscaping, and the excluding of heavy industrial activities that produce significant noise, odor, or outdoor storage.
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Incidental supporting uses that are ancillary to the main business park, may be permitted by the Director of Community Development provided specific written findings. …

Use means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is, or may be, occupied or maintained.

…

Remainder of section to remain unchanged

ARTICLE III – FORM BASED CODE

Sec. 30-358. – List of definitions.
…
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Page 7 of 19 ends

Frontage means a strip or extent of land abutting a thoroughfare, civic space or other public right- of-way.

Frontage coverage zone means the space between the minimum and maximum front yard setback lines and the minimum size yard or front yard setback line.

Remainder of section to remain unchanged.

Sec. 30-368. Route 66 gateway district.

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

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

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

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Allowed
Building Types
Min Max.

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

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

Remainder of section to remain unchanged.
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Sec. 30-386. Shopfront.

In the shopfront
frontage type, the main facade of the building has an at-grade entrance along the public way.

Size
Ground floor transparency 40% min.

Ground floor transparency may be achieved through the use of spandrel glass or similar, to the satisfaction of the Director of Planning.

Awning
Depth 4 ft. min.

Setback from curb 2 ft. min.

Height, clear 8 ft. max.

Design Standard
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Shopfront glass shall be clear without reflective glass frosting or dark tinting. Shopfront windows may be clerestory windows (horizontal panels) between the shopfront and second floor/top of single-story parapet. Glass clerestory may be of a character to allow light, while moderating it such as stained glass, glass block, painted glass, or frosted glass. Shopfronts with accordion - style doors/windows or other operable windows that allow the space to open to the street are encouraged. Operable awnings are encouraged.

Sec. 30-389. Fences, hedges and walls.

(a) Single-family and multi-family site walls and fencing.

(1) Low walls or hedges may be used to divide space, create a variety in landscaping and to define site edges.

(2) Locate fences or walls on the property line (excluding the front property line) to define private open space and common open space areas, protect privacy, and buffer residents from noise sources.

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Table 30-389.A.—Maximum Height of Fences or Walls

(b) Mixed-use or commercial site walls and fencing.

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(1) Walls and fences shall meet the requirements of Section 30 -494(g) and Section 30- 500 of the Zoning and Development Code.
(2) Fence design. Fences shall be constructed, designed and maintained as follows:
a. Permitted materials. Fencing visible from public view should be open work such as wrought iron and metal (tube) fences with design features. Masonry, stucco and plaster are permitted when deemed more appropriate to the design of the building on the project site.
b. Fence maintenance. Every fence shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for landscaping and maintaining the area, if any, between the property line and the owner's fence. c. Hazardous and prohibited materials. Fences shall not incorporate barbed wire and razor wire, spiked tips, chain link of any kind, woven wire mesh ("chicken wire"), welded wire mesh, woven wire ("hog wire") rope, cable, railroad ties or any other similar materials or materials not specifically manufactured for permanent fencing. (3) Walls and fences in parking areas. Fencing and walls in parking areas shall be landscaped in adherence to standards in Sec. 30-670(a)(8).

ARTICLE VI. – COMMERCIAL AND MIXED-USE ZONING DISTRICTS

Sec. 30-489. Uses permitted.

Page 13 of 19 ends

Book store P P P
Building materials, retail sale of (if contained within a completely enclosed building)
— P P
Building materials with outdoor storage — —**
/P*
P*
Blueprinting establishment — P P
Cannabis retailer, storefront (with City Permit) P* P* — Caterer P P P
Clothing store P P P
Computer store P P P
Convenience store P P P
Cafés (cyber, animal, gaming) P** /C P** /C C
Department store — P P
Discount store P P P
Drugstore P P P
Electrical Supply Store P P P
Feed store C M —
Florist shop P P P
Furniture store P P P
Garden furniture and supplies store P* P* P*
Glass or mirror store P P P
Grocery, fruit, vegetable, meat, fish, poultry, or delicatessen store P P C Hardware store P* P* P*
Hobby supplies store P P P
Home furnishing store P P P
Household appliance store P P P
Ice cream store P P P
Ice storage locker (if not more than five-ton capacity) P P P Interior decorating shop P P P
Jewelry and coin store P P P
Liquor store C C C
Micro-brewery — C C
Newsstand P P P
Novelties store P P P
Nursery, plant (includes statuary sales) P* P* P*
Paint and wallpaper shop P P P
Pawn shop — C C
Pet boarding — M —
Pet shop P P P
Plumbing supply store — P P
Radio, television, and small electrical appliance shop (including repair when incidental to retail sales)

P P P
Restaurant, café, excluding those having dancing and/or floorshows.

Alcohol beverages are not permitted.

P* P* P*
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Restaurant and café with entertainment and/or dancing. Alcohol beverages permitted. (See Section 30-492 for alcohol beverage sales) P*/C* P*/C* C*
Restaurant, café, without entertainment and/or dancing. alcohol beverages permitted. (See Section 30-492 for alcohol beverage sales)

Restaurant, drive-thru and take out P* P* P*
Secondhand store — P P
Shoe store P P P
Smoke/tobacco shop and vape shop C C C
Sporting goods store P P P
Swap meet (indoor/outdoor) — — —
Tattoo establishments P* P* P*
Trailer and mobile home sales and rental — P* C
Truck and trailer sales (Properties fronting vValley bBoulevard only) — C — Wholesale auto sales (requires one stall) C C —
Warehousing sales, retail C P* P*
Warehousing sales, wholesale — C P*
Business and Professional Offices
Administrative and professional offices involving no retail trade P P P Art gallery P P P
Financial institution P P P
Clinic, medical or dental, acupuncture ( not including acute and For urgent care, see land use below)

Page 15 of 19 ends

Barber shop or beauty parlor P P P
Chemical substance abuse facility C C C
Cleaners P* P* P*
Clothing and costume rental establishment P P P
Community care facility C C C
Community center C C C
Construction trailer (temporary use permit) P* P* P* Convalescent hospital M M C
Copying, packing and mailing services P P P
Day care—Commercial M M M
Day care—Commercial (24-hour) — C C
Depot—Bus — P* P*
Depot—Railway, park-and-ride — P P
Dressmaker or millinery shop P P P
Equipment rental —**
/—
—**
/P*
P*
Fortune-telling P P P
Hospitals, acute, and urgent care —**
/—
—
—**
/M
M
Hotels — C C
Laundromat, self-service P P P
Locksmith P P P
Machine shop —**
/—
—
—**
/C
C
Masseur or masseuse, day spa, acupressure — C C
Self-storage facility — C C
Mortuaries — C C
Library P P P
Museums P P P
Motel — C C
Music and vocal instruction P P P
Nursing home M M C
Parks P P P
Photographer P P P
Pick-up truck rated over one ton (carrying weight), commercial truck or van, or trailer rental
— C C
Picture framing store P P P
Post office M M M
Printer, blueprint shop — P P
Private schools C C C
Public utility structures and facilities M M M
Publishing establishments — P P
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Repair shop for household appliances —**
/P
—**
/P
P
Schools such as business colleges, music conservatories, dancing schools, and other schools that offer training in nonindustrial professions

P P P
Stenographic services P P P
Swimming pool, commercial P P P
Sign shop in enclosed structure — P P
Tailor P P P
Telephone answering service or exchange P P P
Ticket agency, travel bureau P P P
Tire shop — C C
Truck repair service — — —
Truck storage yard — — —
Upholstery shop —**
/—
—
—**
/P
P
Wedding chapel P P P
Amusement Establishments
Amusement enterprise for children including pony rides (no stables), merry-go-round, and the like when incidental to a permitted use

Page 17 of 19 ends

Smoking lounge, hookah lounge, vapor lounge, e-lounge (allowed only as a secondary use to a full-service restaurant)

Page 18 of 19 ends

ARTICLE VII. – INDUSTRIAL ZONING DISTRICTS

Sec. 30-532. – Special use regulations.
…

Remainder of section to remain unchanged

Sec. 30-538. – Screening.
(a) Adjacent to residential zoning district. All industrial uses adjoining or abutting a residential zoning district shall be screened by a solid masonry wall not less than ten feet in height. However, in the front yard area abutting the residential lot, the f ence or wall may be lower as determined through the site plan review process. Any masonry wall shall be constructed with decorative block (split -face or slump stone, or equal, or finished on both sides with plaster, stucco.
(b) Rooftop mechanical equipment . All rooftop mechanical equipment, with the exception of solar panels, shall be screened on all sides by screening not less than the height of the equipment being screened. The screening devices shall be well incorporated into the design of the building t hrough such features as parapet walls, false roofs, or equipment rooms.
(c) Mechanical equipment, ground. All mechanical equipment shall be screened to the extent feasible on all sides by a decorative screen wall not less than the height of the equipment b eing screened in conjunction with landscaping, subject to approval of the Director of Planning. The decorative screen wall shall be located between the street and the mechanical equipment not less than three -foot. The decorative screen wall shall be well incorporated into the design of the building. The other side of the equipment shall be screened with landscaping not less than ten -gallon shrubs or approved landscaping. (d) Loading areas screening.
(1) All loading dock areas shall be screened from off-site viewing view from the public right-of-way. The purpose of loading area screening is to allow for loading areas to be screened from view from the public right -of-way and to utilize screening that is architecturally compatible with the surrounding environme nt. (2) Where loading dock doors face a public street, any openings in the screen wall shall be positioned such that neither the loading dock doors nor the loading areas are visible from the street.
(3) All loading dock areas and all loading dock doors shall be screened from the view of the public street by decorative screen walls in combination with dense 21329

Page 19 of 19 ends

22330
Notice of Exemption FORM “A”

ATTACHMENT NO. 2

NOTICE OF EXEMPTION

TO:
☒
Office of Land Use and Climate
Innovation
State Clearinghouse
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Fontana
Address: 8353 Sierra Ave,
Fontana CA 92335
Telephone: 909-350-6568
☒

Clerk of the Board of Supervisors
or
County Clerk (Include County
name)
Address:

1. Project Title: Master Case No. 26-0007, Municipal
Code Amendment No. 26-0001

2. Project Applicant (include address,
telephone number and email address):

City of Fontana, Planning Department,
8353 Sierra Avenue, Fontana, CA 92335,
Cecily Session-Goins, Associate
Planner, (909) 350-6723,
[email protected]

3. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):

Citywide, City of Fontana, County of San
Bernardino

4. (a) Project Location – City: Fontana (b) Project Location – County: San Bernardino

5. Description of nature, purpose, and
beneficiaries of Project:

The project is Municipal Code
Amendment No. 26-0001 - Fontana
Municipal Code amendment to Chapter
30 (Zoning and Development Code)
pertaining to medical land uses in
commercial zones, the definition and
regulation of business parks, screening
requirements for loading areas in
industrial zones, and regulations in the
Form-Based Code zone (definition of
frontage coverage, maximum setback
23331
Notice of Exemption FORM “A”

standards, g lazing requirements for the
Shopfront frontage type, and landscaping
in parking areas).

6. Name of Public Agency approving
project:

City of Fontana

7. Name of Person or Agency undertaking
the project, including any person
undertaking an activity that receives
financial assistance from the Public
Agency as part of the activity or the
person receiving a lease, permit,
license, certificate, or other entitlement
of use from the Public Agency as part of
the activity:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6718

8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project. State CEQA Guidelines 15050(c)(2)-(3) (c) ☐ Declared Emergency (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(d) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(e) ☐ Categorical Exemption.

State type and section
number:

(f) ☐ Statutory Exemption.

State Code section number:

(g) ☒ Other. Explanation: This Ordinance is not a project pursuant to Section 15060(c), 15061(B)(3) (the
common-sense exemption) and 15378 of the
State of California Environmental Quality Act
Guidelines, because it does not have
potential for re sulting in physical change in
the environment, directly or indirectly. Where
it can be with certainty that there is no
possibility that the activity in question may
have a significant effect on the environment,
the activity is not subject to CEQA.

9. Reason why project was exempt: This project is a citywide amendment to Chapters 26, 30 and 33 of the Fontana
Municipal Code pertaining to medical
land uses in commercial zones, the
definition and regulation of business
parks, screening requirements for
loading areas in industrial zones, and
24332
Notice of Exemption FORM “A”

regulations in the Form-Based Code zone
(definition of frontage coverage,
maximum setback standards , glazing
requirements for the Shopfront frontage
type, and landscaping in parking areas).

10. Lead Agency Contact Person:

Telephone:

Cecily Session-Goins, Associate Planner
909-350-6723

11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing.

12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐
If yes, the date of the public hearing was: March 17, 2026

Date:

________________________________
Signature
Name: Rina Leung
Title: Senior Planner

☒ Signed by Lead Agency ☐ Signed by Applicant

Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 25333

NOTICE PUBLIC HEARING
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the Ci ty Clerk’s Department by calling (909) 350 -7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

MASTER CASE (MCN) NO. 26-0007 and MUNICIPAL CODE AMENDMENT (MCA) NO. 26-0001 Amendments to Chapter 30 of the Fontana Municipal Code to modify development standards for the Form- Based Code zone pertaining to frontage coverage, minimum glazing and landscaping requirements; amending land uses in Commercial zoning districts for certain medical uses; amendments to clarify the requirement for screening of loading areas and regarding the definition and regulation of business parks in Industrial zones.

Environmental
Determination:

The proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the ordinance is covered by the rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and also by the common sense exemption which provides that, where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Citywide
March 17, 2026
Steelworkers’ Auditorium
8437 Sierra Avenue
Fontana, CA 92335
6:00 pm
Location of Property:

Date of Hearing:

Place of Hearing:

Time of Hearing:

Should you have any questions concerning this project, please contact Cecily Session -Goins, Associate Planner, at (909) 350-6723 or by email at [email protected]

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION . A COPY OF THE APPLICATION AND

ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE PLANNER LISTED ABOVE.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU

MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE

PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

ATTACHMENT NO. 3
26334

Publish: February 20, 2026
S.B. Sun Newspaper

AVISO DE AUDIENCIA PUBLICA
En cumplimiento con la Seccion No. 202 de la Acta de Americanos con Discapacidades de 1990 (42 USC Sec. 12132) y las reglas y regulaciones federales adoptadas en la implementacion de esta, la agenda de esta audiencia estara disponible en formatos alternativos apropiados para las personas con una discapacidad. Si necesita asistencia especial para participar en esta audiencia, comuníquese con el Departamento de la Secretaria Municipal llamando al (909) 350 -7602. La notificacion debera realizarse 48 horas antes de la audiencia para permitir que la Ciudad haga arreglos razonables para garantizar la accesibilidad a esta audiencia.

SE HA PROGRAMADO UNA AUDIENCIA PUBLICA ANTE LA COMISION DE PLANIFICACION DE LA CIUDAD DE FONTANA PARA LO SIGUIENTE:

MCN No. 26-0007 y MCA No. 26-0001
Enmiendas al Capítulo 30 del Código Municipal de Fontana para modificar los estándares de desarrollo para la zona de Código Basado en la Forma (Form-Based Code) en lo relativo a la cobertura de fachada, el acristalamiento mínimo y los requisitos de paisajismo; enmiendas a los usos de suelo en distritos de zonificación comercial para ciertos usos médicos; enmiendas para aclarar el requisito de protección visual de las áreas de carga y con respecto a la definición y regulación de parques empresariales en zonas industriales.

Determinacion Ambiental: La ordenanza propuesta está categóricamente exenta de la Ley de Calidad Ambiental de California (“CEQA”, por sus siglas en inglés) de conformidad con las Secciones 15060(c), 15378 y 15061(B)(3) de las Normas de CEQA (la exención de sentido común), y las Secciones no. 3.01, 3.22 y 10.59 de las Normas Locales de 2019 para la Implementación de CEQA; dado que la ordenanza está cubierta por la regla de que la CEQA se aplica únicamente a proyectos que tienen el potencial de causar un efecto significativo en el medio ambiente, y también por la exención de sentido común que establece que, cuando se puede determinar con certeza que no existe posibilidad de que la actividad en cuestión pueda tener un efecto significativo en el medio ambiente, dicha actividad no está sujeta a la CEQA.

Ubicacion de la Propiedad: En toda la ciudad
Fecha de Audiencia: 17 de marzo de 2026
Lugar de Audiencia: Steelworkers’ Auditorium, 8437 Sierra Avenue, Fontana, CA 92335 Hora de Audiencia: 6:00 p.m.

Si tiene alguna pregunta sobre este proyecto, comuníquese al (909) 350-6728 o por correo electrónico a [email protected].

Cualquier persona o grupo interesado en aportar informacion lo puede hacer mediante a una carta o correo electronico dirigido a La Comision de Planificacion. La solicitud y la documentación Ambiental está disponible para inspección en las Oficinas de Ayuntamiento de la Ciudad de Fontana.

Si usted contradice ante el tribunal cualquier acción tomada con respecto a un tema de la Audiencia Publica, usted puede estar limitado a plantear solamente aquellas cuestiones que usted o alguien más planteo en la Audiencia Publica mencionada en este aviso o por correspondencia escrita a la Ciudad de Fontana antes de la fecha de la Audiencia establecida en este aviso.

ATTACHMENT NO. 3
27335

ATTACHMENT NO. 3

City of Fontana

Planning Commission

Minutes

Joseph Armendarez, Chair
Ricardo Quintana, Vice Chair
Torrie Lozano, Secretary
Idilio Sanchez, Commissioner
Dylan Keetle, Commissioner

Tuesday, March 17, 2026 6:00 P.M. Grover W. Taylor Council Chambers

PH- B Master Case No. 26-0007 and Municipal Code Amendment No. 26-0001:

Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to definitions for medical land uses in commercial zones, the definition and regulation of business parks, screening requirements for loading areas in industrial zones, and regulations in the Form-Based Code zone, including the definition of frontage coverage, maximum setback standards in the Route 66 Gateway sub-district, glazing requirements for the Shopfront frontage type, and landscaping in parking areas.

Chair Armendarez opened the Public Hearing.

No written correspondence was received.

Cecily Session -Goins, Assistant Planner, presented the staff report and noted a memorandum requesting the addition of language to Section 4 of the resolution clarifying that projects deemed complete under current sta ndards may continue processing under those standards.

No individual spoke in favor or in opposition.

The Public Hearing was closed.
336
Planning Commission Minutes March 17, 2026

Page 2 of 2 ends

RECOMMENDATION:

Based on information on the staff report staff recommends that the Planning Commission adopt Resolution No. PC 2026-007; and,

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 26-0001 to amend Chapter 30 of the Municipal Code.

ACTION: Motion was made by Secretary Lozano and seconded by Commissioner Keetle and passed by a vote of 5-0 to approve Public Hearing Item “B” and adopt Resolution No. PC 2026-007 with amended conditions of approval.

The motion carried by the following vote:

AYES: Chair Armendarez, Vice Chair Quintana, Secretary Lozano, and Commissioners Sanchez and Keetle NOES: None; ABSTAIN: None; ABSENT: None

337
ATTACHMENT NO. 4

NOTICE PUBLIC HEARING
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350 -7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:

MASTER CASE (MCN) NO. 26-0007 and MUNICIPAL CODE AMENDMENT (MCA) NO. 26-0001

Amendments to Chapter 30 of the Fontana Municipal Code to modify development standards for the Form- Based Code zone pertaining to frontage coverage, minimum glazing and landscaping requirements; amending land uses in Commercial zoning districts for certain medical uses; amendments to clarify the requirement for screening of loading areas and regarding the definition and regulation of business parks in Industrial zones.

Environmental
Determination:

The proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the ordinance is covered by the rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and also by the common sense exemption which provides that, where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Citywide

April 14, 2026

Steelworkers Auditorium
8437 Sierra Avenue
Fontana, CA 92335

2:00 pm

Location of Property:

Date of Hearing:

Place of Hearing:

Time of Hearing:

Should you have any questions concerning this project, please contact Cecily Session -Goins, Associate Planner, at (909) 350-6723 or by email at [email protected]

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE PLANNER LISTED ABOVE.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY BE

LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING

DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO , THE PUBLIC HEARING.

Publish: April 3, 2026

338
ATTACHMENT NO. 4

AVISO DE AUDIENCIA PÚBLICA

En cumplimiento con la Sección No. 202 de la Acta de Americanos con Discapacidades de 1990 (42 USC Sec. 12132) y las reglas y regulaciones federales adoptadas en la implementación de esta, la agenda de esta audiencia estará disponible en formatos alternativos apropiados para las personas con una discapacidad. Si necesita asistencia especial para participar en esta audiencia, comuníquese con el Departamento de la Secretaria Municipal llamando al (909) 350 -7602. La notificación deberá realizarse 48 horas antes de la audiencia para permitir que la Ciudad haga arreglos razonables para garantizar la accesibilidad a esta audiencia.

SE HA PROGRAMADO UNA AUDIENCIA PÚBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD DE FONTANA PARA LO SIGUIENTE:

MCN No. 26-0007; MCA No. 26-0001

Enmiendas al Capítulo 30 del Código Municipal de Fontana para modificar los estándares de desarrollo para la zona del Código Basado en la Forma (Form-Based Code) en lo relativo a la cobertura de fachada, el acristalamiento mínimo y los requisitos de paisajismo; enmiendas a los usos de suelo en distritos de zonificación comercial para ciertos usos médicos; enmiendas para aclarar el requisito de protección visual de las áreas de carga y con respecto a la definición y regulación de parques empresariales en zonas industriales.

Determinacion Ambiental: La ordenanza propuesta está categóricamente exenta de la Ley de Calidad Ambiental de California (“CEQA”) de conformidad con las Secciones 15060(c), 15378 y 15061(B)(3) de las Normas de CEQA (la exención de sentido común), y las Secciones No. 3.01, 3.22 y 10.59 de las Normas Locales de 2019 para la Implementación de CEQA; dado que la ordenanza está cubierta por la regla de que CEQA se aplica únicamente a proyectos que tienen el potencial de causar un efecto significativo en el medio ambiente, y también por la exención de sentido común que establece que, cuando se puede determinar con certeza que no existe posibilidad de que la actividad en cuestión tenga un efecto significativo en el medio ambiente, dicha actividad no está sujeta a CEQA.

Ubicación de la Propiedad : En toda la ciudad

Fecha de Audiencia: 14 de abril de 2026

Lugar de Audiencia: Ayuntamiento de la Ciudad de Fontana, Auditorio Steelworkers’ 8437 Sierra Avenue, Fontana, CA 92335

Hora de Audiencia: 2:00 p.m.

Si tiene alguna pregunta sobre este proyecto, comuníquese al (909) 350-6728 o por correo electrónico al [email protected].

Cualquier persona o grupo interesado en aportar información lo puede hacer mediante una carta o correo electrónico dirigido a El Consejo Municipal al [email protected]. La solicitud y la documentación Ambiental esta disponible para inspección en las Oficinas de Ayuntamiento de la Ciudad de Fontana.

Si usted contradice ante el tribunal cualquier acción tomada con respecto a un tema de la Audiencia Pública, usted puede estar limitado a plantear solamente aquellas cuestiones que usted o alguien mas planteo en la Audiencia Publica mencionada en este aviso o por correspondencia escrita a la Ciudad de Fontana antes de la fecha de la Audiencia establecida en este aviso.
339
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0896 Agenda Date: 4/14/2026
Agenda #: B. Category: Public Hearing
FROM:

Finance
SUBJECT:

Public Hearing on Formation of Community Facilities District No. 117 (Southridge).

RECOMMENDATION:

1. Adopt Resolution No. 2026-022, of the City Council of the City of Fontana of formation of the City of Fontana Community Facilities District No. 117 (Southridge), authorizing the levy of a special tax within the community facilities district and establishing an appropriations limit for the community facilities district.

2. Adopt Resolution No. 2026-023, of the City Council of the City of Fontana deeming it necessary to incur bonded indebtedness within the City of Fontana Community Facilities District No. 117 (Southridge).

3. Adopt Resolution No. 2026-024, of the City Council of the City of Fontana calling special election for City of Fontana Community Facilities District No. 117 (Southridge).

4. Adopt Resolution No. 2026-025, of the City Council of the City of Fontana declaring results of special election and directing the recording of notice of special tax lien.

5. Read by title only and waive further reading of and introduce Ordinance No. 1986 levying special taxes within the City of Fontana Community Facilities District No. 117 (Southridge); and that the reading of the title constitutes the first reading thereof.

6. Adopt Resolution No. 2026-026, of the City Council of the City of Fontana authorizing the execution and delivery of a Letter of Credit Agreement and an Acquisition and Funding Agreement.

COUNCIL GOALS:
· Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

KB Home Cal Management Services LLC have initiated the process to form a Community Facilities District for the purpose of financing the acquisition of certain public facilities that are eligible under the City financing goals and policies, namely sewer, storm drain, street improvements, landscaping, and development impact fees. The formation of the district will benefit the City by funding the infrastructure projects outside of the typical improvements that would be required for the project including a contribution for a project of community benefit. CFD bond funding will allow for City of Fontana Printed on 4/9/2026Page 1 of 2
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File #: 26-0896 Agenda Date: 4/14/2026
Agenda #: B. Category: Public Hearing
including a contribution for a project of community benefit. CFD bond funding will allow for infrastructure to be built at one time, reducing construction inconvenience for earlier residents and enhancing the overall community aesthetics.

The project consists of approximately 32.23 gross (20.01 net taxable acres) (255 residential lots), is located on the east side Live Oak Avenue south of Village Drive.

The proposed Rate and Method of Apportionment (RMA) includes rates to pay for bonded indebtedness and maintenance of street lighting, landscaping and parks. Initial assigned residential rates are proposed as follows:

Land
Use
Class
Residential Floor Area Bond
Debt Maint. Total
1 2,175 sf or Greater $3,706 $1,080 $4,786
2 2,025 to less than 2,175 sf $3,435 $1,080 $4,515
3 1,875 to less than 2,025 sf $3,382 $1,080 $4,462
4 1,725 to less than 1,875 sf $3,184 $1,080 $4,264
5 Less than 1,725 sf $3,107 $1,080 $4,187
Sales prices for the homes have been estimated at $606,800 to $639,600. The proposed rates have been established to provide a total tax rate of less than 1.95% of the home value per City Policy.

The proposed rates for bonded indebtedness will support $11 million of bonds, providing funds to finance $9.2 million of facilities and/or fees. The proposed annual rates for maintenance of $1,080 for all planning areas will be sufficient to fund the annual maintenance costs for street lighting, landscaping and parks within and surrounding the area of the CFD. The rate also includes the maintenance costs related to the water quality system required by the State of California. The maximum annual tax rate for maintenance has been set at $1,080 per unit for planning areas with a 2% escalator per City Policy.

This action will form the District, authorize the levy of the special tax and authorize bonded indebtedness. The recommended action complies with the City Council’s debt management objectives.

FISCAL IMPACT:

This District will provide annual funding for maintenance costs, administration and debt service costs once bonds are issued.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 4/9/2026Page 2 of 2
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RESOLUTION NO. 2026-022

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

CALIFORNIA OF FORMATION OF CIT Y OF FONTANA COMMUNI TY
FACILITIES DISTRICT NO. 117 (SOUTHRIDGE), PROPOSING THAT

THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED TO LEVY A

SPECIAL TAX AND PROPOSING THAT AN APPROPRIATIONS L IMIT

OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED
WHEREAS, on March 10, 2026, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “ A Resolution of the City Council of the City of Fontana, California of Intention to Establish a Community Facilities District Proposed to be Named City of Fontana Community Facilities District No. 117 (Southridge) and to Authorize the Levy of a Special Tax Therein” (the “Resolution of Intention”), stating its intention to establish City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”), to authorize the Community Facilities District to levy a special tax within the Community Facilities District for the purpose of financing certain public facilities and services and setting the date for a public hearing to be held on the establishment of the Community Facilities District;
WHEREAS, pursuant to the Resolution of Intention, notice of said public hearing was published in the Fontana Herald News, a newspaper of general circulation published in the area of the Community Facilities District, in accordance with the Act; WHEREAS, on this date, the City Council opened, conducted and closed said public hearing;
WHEREAS, pursuant to the Resolution of Intention, each officer of the City who is or will be responsible for providing one or more of the proposed types of public facilities or services to be financed by the Community Facilities District was directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the public facilities and services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing such public facilities and services; such officers were also directed to estimate the fair and reasonable cost of the public facilities proposed to be purchased as completed public facilities and of the incidental expenses proposed to be paid; WHEREAS, said report was so filed with the City Council and made a part of the record of said public hearing;
WHEREAS, at the hearing, the testimony of all persons for or against the establishment of the Community Facilities District, the extent of the Community Facilities District and the furnishing of the specified types of public facilities and services was heard; 342
Resolution No. 2026-022
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WHEREAS, written protests against the establishment of the Community Facilities District, the furnishing of any specified type or types of facilities and services within the Community Facilities District or the levying of a specified special tax were not made or filed at or before said hear ing by 50% or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the Community Facilities District, or the owners of one-half or more of the area of land in the territory proposed to be included in the Community Facilities District and not exempt from the special tax;
WHEREAS, there has been filed with the City Clerk of the City a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons we re registered to vote within the territory of the proposed Community Facilities District as of March 13, 2026, which demonstrates that 12 or more persons have not been registered to vote within the territory of the proposed Community Facilities District for each of the 90 days preceding the close of said public hearing;
WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district;
WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest, under all the following conditions: (a) the proposal to repay the funds is included in both the resolution of intention to establish a community facilities district adopted pursuant to Section 53321 of the Act and in the resolution of formation to establish a community facilities district pursuant to Section 53325.1 of the Act, (b) any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds; WHEREAS, the City and KB HOME Cal Management Services LLC (“KB HOME”), have entered into the Deposit and Reimbursement Agreement, dated as of January 1, 2025 (the “Deposit Agreement”), that provides for the advancement of funds by KB HOME to be used to pay costs incurred in creating the Community Facilities District and the incurrence of bonded indebtedness thereby, and provides for the repayment to KB HOME of such funds advanced, withou t interest, from the proceeds of any such bonded indebtedness incurred by the Community Facilities District; and WHEREAS, the City desires to include in this Resolution, in accordance with Section 53314.9 of the Act, the proposal to repay funds pursuant to the Deposit Agreement;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California as follows:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. The Community Facilities District is hereby established.

Section 3. The name for the Community Facilities District is “City of Fontana Community Facilities District No. 117 (Southridge).”
Section 4. The public facilities (the “Facilities”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Facilities” on Exhibit A hereto, which is by this reference incorporated herein. Those Facilities proposed to be purchased as completed public facilities are identified under the caption “Facilities to be Purchased” on Exhibit A hereto. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit A hereto. The incidental expenses proposed to be incurred are identified under the caption “Incidental Expenses” on Exhibit A hereto. All or any portion of the Facilities may be financed through a financing plan, including, but not limited to, a lease, lease -purchase or installment -purchase arrangement.

Section 5. The proposed special tax to be levied within the Community Facilities District has not been precluded by majority protest pursuant to Section 53324 of the Act.

Section 6. The City Council proposes that, except where funds are otherwise available, the Community Facilities District be authorized to annually levy within the Community Facilities District a special tax (the “Special Tax”) sufficient to pay for all Facilities and Services, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District. The rate, method of apportionment and manner of collection of the Special Tax in sufficient detail to allow each landowner or resident within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is specified in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Exhibit B, which is by this reference incorporated herein. The conditions under which the obligation to pay the Special Tax to be levied to pay for Facilities may be prepaid and permanently satisfied are specified in the Rate and Method. The Special Tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

Section 7. The Special Tax may only finance the Services to the extent that they are in addition to those provided in the territory of the Community Facilities District before the date the Community Facilities District is created . The Services may not supplant services already available within that territory when the Community Facilities District is created. Bonds of the Community Facilities District may not be issued to fund any of the Services.
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Section 8. The tax year after which no further Special Tax to pay for Facilities shall be levied against any parcel used for private residential purposes is specified in the Rate and Method. Under no circumstances shall the Special Tax to pay for Facilities in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the Community Facilities District by more than 10% above the amount that would have been levied in that fiscal year had there never been any s uch delinquencies or defaults. For purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued. The Special Tax to pay for Services will be levied in perpetuity, as provided in the Rate and Method.

Section 9. Pursuant to Section 53344.1 of the Act, the City Council hereby reserves to itself the right and authority to allow any interested owner of property within the Community Facilities District, subject to the provisions of said Section 53344.1 and to those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the Community Facilities District treasurer in full payment or part payment of any installment of the Special Tax or the interest or penalties thereon that may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender.

Section 10. The name, address and telephone number of the office , department or bureau that will be responsible for preparing annually a current roll of Special Tax levy obligations by assessor’s parcel number and that will be responsible for estimating further Special Tax levies pursuant to Section 53340.2 of the Act are as follows: Chief Financial Officer, Finance Department , City of Fontana, 16860 Valencia Avenue , Fontana, California 92335, (909) 350-7679.

Section 11. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the Community Facilities District and this lien shall continue in force and effect until the Special Tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the Special Tax ceases to be levied and a notice of cessation of the Special Tax is recorded in accordance with Section 53330.5 of the Act.

Section 12. The boundary map of the Community Facilities District has been recorded in San Bernardino County in Book 92 at Page 91 of Maps of Assessments and Community Facilities Districts in the San Bernardino County Recorder’s Office (Document No. 2026-0070067).

Section 13. The City Council proposes that t he annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the Community Facilities District be established at $14,000,000. 345
Resolution No. 2026-022
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Section 14. Pursuant to the provisions of the Act, the propositions to authorize the Community Facilities District to levy the Special Tax and to establish th e appropriations limit of the Community Facilities District specified above shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The City Council hereby finds and determines that no persons were registered to vote within the territory of the proposed Commu nity Facilities District as of March 13, 2026, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearing held by the City Council on the establishment of the Community Facilities District.

Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearing, or the authorized representative the reof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax . The voting procedure shall be by mailed or hand - delivered ballot.

Section 15. KB HOME has heretofore advanced certain funds, and may advance additional funds, that have been or may be used to pay costs incurred in creating the Community Facilities District and the incurrence of bonded indebtedness thereby . The City Council has previously approved the acceptance of such funds for the purpose of paying costs incurred in creating the Community Facilities District and the incurrence of bonded indebtedness thereby . The City Council proposes to repay KB HOME all or a portion of such funds so advanced, without interest, solely from the proceeds of any such bonded indebtedness incurred by the Community Facilities District , pursuant to the Deposit Agreement. The Deposit Agreement is hereby incorporated herein as though set forth in full herein.

Section 16. The City Council hereby find s and determines that all proceedings , up to and including the adoption of this Resolution, were valid and in conformity with the requirements of the Act. In accordance with Section 53325.1 of the Act, such finding shall be final and conclusive.

Section 17. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

Section 18. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

Section 19. This Resolution shall take effect immediately upon its adoption.

APPROVED AND ADOPTED this 14th day of April 2026.
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Resolution No. 2026-022
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READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting held on the 14 th day of April, 2026, 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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A-1
4124-6937-0726.2

EXHIBIT A

FACILITIES, SERVICES AND INCIDENTAL EXPENSES
Facilities
The types of public facilities to be financed by the Community Facilities District are streets, including grading, paving, curbs and gutters, sidewa lks, street signalizati on and signage, street lights and parkway and landscaping related thereto, sewers, storm drains, flood control facilities, fire protection facilities, police facilities, public facilities, library facil ities, water distribution, treatment and storage faciliti es, dry utilities including natural gas electricity and telecommunications, and park and recreation facili ties including trails and pathways, and land, landscaping, rights-of-way and ea sements necessary for any of su ch facilities and incidental expenses.

Facilities to be Purchased
The types of public facilities to be purchased as completed facilities are streets, including grading, paving, curbs and gutters, sidewalks, str eet signalization and signa ge, street lights and parkway and landscaping re lated thereto, sewers, st orm drains, water dist ribution, treatment and storage facilities, dry utilities including natural gas electricity and telecommunications, and park and recreation facilities includ ing trails and pathways, and land, landscaping, rights-of-way and easements necessary for any of such facilities and incidental expenses.

Services
The types of City services to be financed by the Community Facilities District are fire protection and suppression services , maintenance and lighting of pa rks, parkways, streets, roads and open space, flood and storm protection services and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

Incidental Expenses
The incidental expenses proposed to be incurred include the following:
(a) the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; (b) the costs associated with the creation of the Community Facilities District, issuance of bonds, determination of the amount of taxes, coll ection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District; and
(c) any other expenses incidental to the construction, completion, and inspection of the authorized work.

348

B-1
4124-6937-0726.2

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 1

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE)

CITY OF FONTANA, COUNTY OF SAN BERNARDINO

STATE OF CALIFONIA

A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Fontana Community Facilities District No . 117 (Southridge) ("CFD No. 117") and collected each Fiscal Year commencing in Fiscal Yea r 2026-2027, in an amount determined by the City Council of the City of Fontana, through th e application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 117, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area expressed in acres of an Asses sor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County map or the land area calculated to the reaso nable satisfaction of the CFD Administrator using the boundaries set forth on such map or plan. For residential dwelling units within a condominium plan, the Acres applicable to each resi dential dwelling unit shall be determined by dividing (i) the Acres of the underlying lot or par cel on which the residential dwelling unit is constructed or to be constructed, by (ii) the total number of residential dwelling units constructed or to be constructed on such lot or parcel. The sq uare footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 (commencing with Section 53311) of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 117, including but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecti ng the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxe s to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of t he duties required of it under the Indenture; the costs to the City, CFD No. 117 or any designee ther eof of complying with arbitrage rebate requirements with respect to the Special Tax and CFD No. 117 Bonds; the costs to the City, CFD No. 117 or any designee thereof of complying with disclosure requirements of the City, CFD No. 117 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax dis closure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 117, or any designee thereof related to the reduction of the Assigned Facilities Special Tax and Backup Facilities Special Tax in accordance with Section C.1 herein; the costs of the City, CFD No. 117 or any designee thereof related to an appeal of the Special Tax; and the Ci ty’s annual administration fees and third party expenses related to CFD No. 117 Bonds. Administrat ive Expenses shall also include amounts estimated or advanced by the City or CFD No. 117 fo r any other administrative purposes of CFD 350

City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 2 No. 117, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor" means the Assessor of the County.
"Assessor's Parcel" means a lot or parcel to which an Assessor’s parce l number is assigned as determined from an Assessor’s Parcel Map or the applicable assessment roll. "Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor’s Parcel number.
"Assigned Facilities Special Tax" means the applicable Facilities Special Tax for (i) Residential Property as determined in accordance with Section C .1.a.(2) herein, and (ii) Non-Residential Property as determined in accordance with Section C.1.a.(3) herein. "Authorized Facilities" means those facilities eligible to be funded by CFD No. 117. "Authorized Services" means those services eligible to be funded by CFD No. 117 in accordance with the Act, namely, fire protection and suppression services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services and maintenance and operation of any real property or other tangible pr operty with an estimated useful life of five or more years that is owned by the City.
"Backup Facilities Special Tax" means the Facilities Special Tax applicable to eac h Assessor's Parcel of Developed Property, as determined in accordance with Section C.1.a.(4) herein. "Buildout" means, for CFD No. 117, that all expected building permits for residential dwelling units and/or non-residential development to be constructed within CFD No. 117 have been issued, as determined by the CFD Administrator.
"CFD Administrator" means an official of the City, or designee thereof , responsible for determining the Special Tax Requirement for Facilit ies and the Special Tax Requirement for Services, providing for the levy and collection of the Special Taxes, and performing other duties as set forth herein.
"CFD No. 117" means City of Fontana Community Facilities District No. 117 (Southridge). "CFD No. 117 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 11 7 and secured by the Facilities Special Tax levy on property within the boundaries of CFD No. 117 under the Act. "City" means the City of Fontana, California.
"Contractual Impositions" means (a) a voluntary contractual assessment established and levied on an Assessor’s Parcel pursuant to Chapter 29 of P art 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10 et seq. ), as amended from time to time, (b) a special tax established and levied on an Assessor’s Parcel pursuant to Section 53328.1 of the California Government Code and related provisions of the Act, as amended from time to time, and (c) any other fee, charge, tax or assessment establ ished and levied on an individual Assessor’s Parcel pursuant to a contractual agreement or other voluntary consent by the owner thereof. "Council" means the City Council of the City acting as the legislative body of CFD No. 117. "County" means the County of San Bernardino.
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City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 3 "Developed Property" means, for each Fiscal Year, (i) with respect to the Facilities Special Tax, all Taxable Property, exclusive of Taxable Public P roperty and Taxable Property Owner Association Property, for which a building permit for new construction, other than the construction of a garage, parking lot, or parking structure, was issued after January 1, 2026 and on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Facilities Special Taxes are being levied, and (ii) with respect to the Services Special Tax, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Associat ion Property, (a) for which the Final Residential Subdivision was recorded prior to the Fiscal Year for which the Services Special Taxes are being levied, or (b) for which a building permit has been issued with respect to Non-Residential Property on or before May 1 of the Fiscal Year prec eding the Fiscal Year for which the Services Special Taxes are being levied.
"Facilities Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within CFD No. 117 to fund the Special Tax Requirement for Facilities, as set forth in Section C.1 herein.
"Final Residential Subdivision" means a Final Subdivision that creates individual lots for which building permits may be issued for residential dwel ling units without further subdivision of such property.
"Final Subdivision" means (i) a subdivision of property by recordation of a final map, parcel map, or lot line adjustment approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq. ) that creates individual lots or parcels for which building permits may be issued, or (ii) for condominiums, a final map approved by the City and a condominium plan recorded pursuant to California Ci vil Code Section 4285 that creates an individual lot(s) for which a building permit(s) ma y be issued without further subdivision. The term "Final Subdivision" shall not include any Asse ssor’s Parcel Map or subdivision map or portion thereof that does not create individual lot s for which a building permit may be issued, including Assessor’s Parcels that are designated as remainder parcels. Notwithstanding the above, a condominium plan for which one or more building p ermits have been issued, but no individual lots have been created for such building permits, s hall be considered a Final Subdivision, and the portion of the condominium plan for which build ing permits have been issued shall be defined as Developed Property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which CFD No. 117 Bonds are issued, as modified, amended and/or supplemented from time to time.
"Land Use Class" means any of the classes listed in Table 1 or Table 2 herein. "Lower Income Households Welfare Exemption Property " means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 117 that is subject to a welfare exemption under subdivision (g) of Section 214 of the Califor nia Revenue and Taxation Code (or any successor statute), as indicated in the County’s as sessment roll finalized as of the last preceding January 1.
"Maximum Facilities Special Tax" means the maximum Facilities Special Tax, determin ed in accordance with Section C.1 herein, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
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City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 4 "Maximum Services Special Tax" means the maximum Services Special Tax, determined in accordance with Section C.2 herein, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property.
"Minimum Sale Price" means the minimum price at which any parcel in a given Land Use Class has sold or is expected to be sold in a normal mark eting environment and shall not include prices for such parcels that are sold at a discount to exp ected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Class. "Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued by the City perm itting the construction of one or more non- residential structures or facilities.
"Outstanding Bonds" means all CFD No. 117 Bonds which are outstanding under the Indenture. "Price Point Consultant" means any consultant or firm of such consultants selected by CFD No. 117 that (a) has substantial experience in performi ng price point studies for residential dwelling units within community facilities districts or othe rwise estimating or confirming pricing for residential dwelling units in community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relate s to the pricing of residential dwelling units in community facilities districts, (c) is in fact independent and not under the control of CFD No. 117 or the City, (d) does not have any substantial inte rest, direct or indirect, with or in (i) CFD No. 117, (ii) the City, (iii) any owner of real property in CFD No. 117, or (iv) any real property in CFD No. 117, and (e) is not connected with CFD No. 117 or the City as an officer or employee thereof, but who may be regularly retained to make reports to CFD No. 117 or the City. "Price Point Study" means a price point study or a letter updating a p revious price point study prepared by the Price Point Consultant pursuant to Section C herein. "Property Owner Association Property" means, for each Fiscal Year, (i) any property with in the boundaries of CFD No. 117 for which the owner o f record, as determined from the County’s assessment roll for the Fiscal Year in which the Special Tax is being levied, is a property owner’s association, including any master or sub-associatio n, or (ii) any property located in a Final Subdivision that was recorded as of the January 1 p receding the Fiscal Year in which the Special Tax is being levied and which, as determined from such Final Subdivision, is or will be open space, a common area recreation facility, or a private street. Notwithstanding the foregoing, any property previously classified as Developed Property and sub sequently owned in fee or by easement, or dedicated to, a property owner association, includi ng any master or sub-association, shall remain classified as Developed Property.
"Proportionately" means that the ratio of the actual Facilities Speci al Tax levy to the Assigned Facilities Special Tax is equal for all Assessor’s Parcels of Developed Property, and that the ratio of the actual Services Special Tax levy to the Maxi mum Services Special Tax is equal for all Assessor’s Parcels of Developed Property. For Unde veloped Property, "Proportionately" means that the ratio of the actual Facilities Special Tax levy per Acre to the Maximum Facilities Special Tax per Acre is equal for all Assessor’s Parcels of Undeveloped Property. The term "Proportionately" shall similarly be applied to oth er categories of Taxable Property as listed in Section D herein.
"Public Property" means, for each Fiscal Year, any property within t he boundaries of CFD No. 117 that is (i) owned by, irrevocably offered or dedicated to the federal government, the State, the 353

City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 5 County, the City, or any local government or other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by a public utility easement making impractical its use for any purpose other than that set forth in the easement. "Rate and Method of Apportionment" means this Rate and Method of Apportionment for CFD No. 117.
"Residential Floor Area" means all of the square footage of living area wit hin the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor’s Parcel shall be as set forth in the building permit(s) issued for such Assessor’s Parcel and/or as set forth in the appropriate records kept by the Building and Safety Department of the City, or other applicable City department, as determined by the CFD Administrator. "Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued by the City permitting the construction thereon of one or more residential dwelling units.
"Services Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property within CFD No. 117 to fund the Special Tax Requirement for Services, as set forth in Section C.2 herein.
"Special Tax" or "Special Taxes" means the Facilities Special Tax and/or Services Special Tax, as applicable.
"Special Tax Requirement for Facilities" means, for any Fiscal Year, that amount required, after taking into account available amounts held in the f unds and accounts under the Indenture, for the following items: (i) debt service on all Outstandin g Bonds due in the calendar year commencing in such Fiscal Year; (ii) periodic costs with respe ct to the CFD No. 117 Bonds, including but not limited to, costs of credit enhancement and federal rebate payments due in the calendar year commencing in such Fiscal Year; (iii) pay all or a portion of Administrative Expenses; (iv) any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) without duplicating any amounts described in clause (iv), a bove, reasonably anticipated Facilities Special Tax delinquencies based on the delinquency rate for the Facilities Special Tax in the previous Fiscal Year, as said levy for delinquencies shall be limited by the Act; and (vi) pay directly for the acquisition or construction of Authorized Facilitie s, provided that the inclusion of such amount does not increase the Facilities Special Tax levy beyond the first step in Section D.1 herein. "Special Tax Requirement for Services" means that amount required in any Fiscal Year for CFD No. 117 to (i) pay directly for the Authorized Serv ices; (ii) pay Administrative Expenses not funded through the Special Tax Requirement for Faci lities as determined by the CFD Administrator; (iii) pay for reasonably anticipated Services Special Tax delinquencies based on the delinquency rate for the Services Special Tax levy in the previous Fiscal Year; less (iv) a credit for funds available to reduce the annual Services S pecial Tax levy, as determined by the CFD Administrator, so long as the amount required is not less than zero. "State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the bou ndaries of CFD No. 117 which are not exempt from the Special Tax pursuant to applicable law or Section E herein. 354

City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 6 "Taxable Property Owner Association Property" means all Assessor’s Parcels of Property Owner Association Property that are not exempt pursuant to Section E herein. "Taxable Public Property" means all Assessor’s Parcels of Public Property th at are not exempt pursuant to Section E herein.
"Total Tax Burden" means, for a parcel of residential property within a Land Use Class, for the Fiscal Year in which Total Tax Burden is being calc ulated, the sum of (a) the Assigned Facilities Special Tax for such Fiscal Year, plus (b) the Maximum Services Special Tax for such Fiscal Year, plus (c) the ad valorem property taxes, special assessments, special taxes for any overlapping community facilities districts, and any other governmental fees, charges (other than fees or charges for services such as sewer and trash), taxes and assessments (which, for purposes of clarity, do not include Contractual Impositions) collected by the County on ad valorem tax bills and that the CFD Administrator estimates would be levied or imposed on such residential property in such Fiscal Year if the residential dwelling unit thereon or th erein had been completed and sold, and was subject to such fees, charges, taxes and assessments in such Fiscal Year. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property.

Please refer to additional definitions in Section H herein relating to the Prepayment of Facilities Special Tax.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, commencing with Fiscal Year 2026-2027, all Taxable Property within CFD No. 117 shall be classified as Developed Property, Undeveloped Property, Taxable Public Property or Taxable Property Owner Association Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D herein.

C. MAXIMUM SPECIAL TAX RATE

1. Facilities Special Tax
At least 30 days prior to the issuance of the first series of CFD No. 117 Bonds, the Assigned Facilities Special Tax for Residential Property (se t forth in Table 1 below) shall be analyzed in accordance with and subject to the conditions set f orth in this Section C. At such time, the CFD Administrator shall request the Price Point Consultant to prepare a Price Point Study setting forth the Minimum Sale Price of residential property with in each Land Use Class. If based upon such Price Point Study the CFD Administrator calculates that the Total Tax Burden applicable to one or more Land Use Classes of residential property constructed or to be constructed within CFD No. 117 shall exceed 1.95% of the Minimum Sale Price of such residential property constructed or to be constructed within CFD No. 117, the CFD Administ rator shall reduce the Assigned Facilities Special Tax to the extent necessary to cause the To tal Tax Burden that shall apply to residential property within such Land Use Class(es) to not exceed 1.95% of the Minimum Sale Price of such residential property. Each Assigned Facilities Spe cial Tax reduction for a Land Use Class shall be calculated separately, and it shall not be requi red that such reduction be proportionate among Land Use Classes. In connection with any reduction in the Assigned Facilities Special Tax for Residential Property, the CFD Administrator shall also reduce the Assigned Facilities Special Tax for Non-Residential in accordance with Section C.1.a.(3) herein, and the Backup Facilities Special Tax in accordance with Section C.1.a.(4) herein. U pon determining the reductions, if any, in the 355

City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 7 Assigned Facilities Special Tax and Backup Faciliti es Special Tax required pursuant to this Section C, the CFD Administrator shall complete the Certificate to Amend Facilities Special Tax substantially in the form attached hereto as Exhibi t A (the “Certificate to Amend”) and shall execute such completed Certificate to Amend and shall deliver such Certificate to Amend to CFD No. 117. Upon receipt thereof, if in satisfactory form, CFD No. 117 shall execute such Certificate to Amend. The reduced Assigned Facilities Special T ax and Backup Facilities Special Tax specified in such Certificate to Amend shall become effective upon the execution of such Certificate to Amend by CFD No. 117. The Assigned Facilities Special Tax and Backup Facilities Special Tax reductions permitted pursuant to this Section C shall be reflected in an amended notice of Special Tax lien which CFD No. 117 shall cause to be recorded with the San Bernardino County Recorder as soon as practicable after execution of the Certificate to Amend by CFD No. 117. If based upon such Price Point Study the CFD Administr ator calculates that the Total Tax Burden applicable to each Land Use Class of residential pr operty constructed or to be constructed within CFD No. 117 does not exceed 1.95% of the Minimum Sa le Price of each such Land Use Class of residential property constructed or to be construct ed within CFD No. 117, then there shall be no reduction in the Assigned Facilities Special Tax, n or shall there be a reduction in the Backup Facilities Special Tax.
a. Developed Property
(1). Maximum Facilities Special Tax
The Maximum Facilities Special Tax for each Assesso r's Parcel classified as Developed Property shall be the greater of (i) the amount der ived by application of the Assigned Facilities Special Tax or (ii) the amount derived b y application of the Backup Facilities Special Tax.
(2). Assigned Facilities Special Tax for Residenti al Property Residential Property shall be assigned to Land Use Classes 1 through 5 as listed in Table 1 below based on the Residential Floor Area associated with each such residential dwelling unit. The Assigned Facilities Special Tax that sha ll be levied in any Fiscal Year for each Land Use Class is shown below in Table 1 and shall not be subject to escalation.

Table 1
Assigned Facilities Special Tax for Residential Property City of Fontana CFD No. 117 (Southridge)

Land
Use
Class Description
Residential Floor
Area (square feet)
Assigned
Facilities
Special Tax
1 Residential Property 2,175 or greater $3,706 per unit 2 Residential Property 2,025 to less than 2,175 $3,435 per unit 3 Residential Property 1,875 to less than 2,025 $3,382 per unit 4 Residential Property 1,725 to less than 1,875 $3,184 per unit 5 Residential Property Less than 1,725 $3,107 per unit
(3). Assigned Facilities Special Tax for Non-Resid ential Property The Assigned Facilities Special Tax for an Assessor’s Parcel of Non-Residential Property shall equal the lesser of (a) $42,665 per Acre, or (b) in connection with any reduction in 356

City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 8 the Assigned Facilities Special Tax as set forth in Section C.1 herein, the amount per Acre calculated pursuant to the formula below:

RAFST = AFST  ATP
These terms have the following meaning:

RAFST = the reduced Assigned Facilities Special Tax for Non-Residential Property AFST = The total estimated Assigned Facilities Special Tax levy for CFD No. 117 based on the reduced Assigned Facilities Special Ta xes for Developed Property permitted pursuant to Section C.1 herein which coul d be levied on all expected development assuming Buildout of CFD No. 117.

ATP = The sum of the Acreage of all Taxable Property within a Final Subdivision (assuming Buildout) within CFD No. 117 (after exclu ding Public Property and Property Owner Association Property as set forth in Section E.1 herein). (4). Backup Facilities Special Tax
The Backup Facilities Special Tax for an Assessor’s Parcel of Developed Property shall equal the lesser of (a) $50,190 per Acre, or (b) in connection with any reduction in the Assigned Facilities Special Tax as set forth in Sec tion C.1 herein, the amount per Acre calculated pursuant to the formula below:

BFST = AFST  ATP
These terms have the following meaning:

BFST = the reduced Backup Facilities Special Tax
AFST = The total estimated Assigned Facilities Special Tax levy for CFD No. 117 based on the reduced Assigned Facilities Special Ta xes for Developed Property permitted pursuant to Section C.1 herein which coul d be levied on all expected development assuming Buildout of CFD No. 117.

Furthermore, all Assessors’ Parcels within CFD No. 117 shall be relieved simultaneously and permanently from the obligation to pay and disclose the Backup Facilities Special Tax if the CFD Administrator calculates that (i) the an nual debt service required for the Outstanding Bonds, when compared to the Assigned Fa cilities Special Tax that shall be levied against all Assessors’ Parcels of Developed Property in CFD No. 117 results in 110% debt service coverage (i.e., the Assigned Faci lities Special Tax that shall be levied against all Developed Property in CFD No. 117 in ea ch remaining Fiscal Year based on the then existing development is at least equal to the sum of (a) 1.10 times the debt service necessary to support the remaining Outstanding Bonds in each corresponding Fiscal Year, and (b) Administrative Expenses), and (ii) all authorized CFD No. 117 Bonds have already been issued or the Council has covenanted that it s hall not issue any additional CFD No. 117 Bonds (except refunding bonds) to be supported by the Facilities Special Tax in CFD No. 117.
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City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 9 (5). Multiple Land Uses
In some instances an Assessor’s Parcel may contain both Developed Property and Undeveloped Property. In such cases, the Acreage o f the Assessor’s Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor’s Parcel for which building permits ha d been issued prior to May 1 of the prior Fiscal Year and the portion of the Assessor’s Parcel for which building permits had not been issued prior to May 1 of the prior Fiscal Year.

Furthermore, Developed Property may contain more th an one Land Use Class. In such cases, the Acreage that is considered Developed Pro perty shall be allocated between Residential Property and Non-Residential Property b ased on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Maximum Facilities Special Tax that can be levied on such Assessor’s Parcel shall be the sum of the Maximum Facilities Special Tax that can be levied on each type of property located on that Assessor’s Parcel.

The CFD Administrator’s allocation to each type of property shall be final. b. Undeveloped Property, Taxable Public Property, a nd Taxable Property Owner Association Property
The Maximum Facilities Special Tax for each Assessor’s Parcel of Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $50,190 per Acre and shall not be subject to escalation and shall therefore remain the same in every Fiscal Year.

2. Services Special Tax
For purposes of the Services Special Tax, an Assess or(s) Parcel of Developed Property within a Final Residential Subdivision shall be assigned to Land Use Class 1, as identified in Table 2 below.

Non-Residential Property shall be assigned to Land Use Class 2. Furthermore, the Services Special Tax levied against each Assessor’s Parcel w ithin a Final Residential Subdivision shall be based on the number of residential dwelling units f or which building permits have been issued or are expected to be issued for such Assessor’s Parce l, as determined by the CFD Administrator based on such Final Residential Subdivision or other available documents. a. Maximum Services Special Tax
The Fiscal Year 2026-2027 Maximum Services Special Tax for each Land Use Class of Developed Property is shown below in Table 2.

Table 2
Maximum Services Special Tax for Developed Property
City of Fontana CFD No. 117 (Southridge)

Land Use
Class

Description

Fiscal Year 2026-2027
Maximum Services Special Tax
1 Final Residential Subdivision $1,080.45 per unit
2 Non-Residential Property $13,765.00 per Acre
b. Increase in the Maximum Services Special Tax
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Community Facilities District No. 117 (Southridge) Page 10 The Maximum Services Special Tax in Table 2 above s hall be applicable for Fiscal Year 2026-2027, and shall increase thereafter, commencing on July 1, 2027, and on each July 1 thereafter by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.
c. Multiple Land Uses
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. In such cases, the Acreage of Deve loped Property shall be allocated between Residential Property and Non-Residential Pr operty based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Maximum Services Special Tax that can be levied on such Assessor’s Parcel shall be the sum of the Maximum Services Special Tax that can be levied on each type of property located on that Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Facilities Special Tax
Commencing with Fiscal Year 2026-2027, and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the l evy of the Facilities Special Tax on each Assessor's Parcel of Developed Property whose Maxim um Facilities Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to 100% of the Maximum F acilities Special Tax for Taxable Public Property and Taxable Property Owner Association Pro perty, as needed to satisfy the Special Tax Requirement for Facilities.

Notwithstanding the above, the CFD Administrator sh all, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Faci lities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in ord er to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 117 Bonds have already been issued or the Council has covenanted that it shall not issue any additional C FD No. 117 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.
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City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 11 Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued (in accordance with Section 53321(d)(3) of the California Government Code), be increased as a cons equence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 117 by more than ten percent above the amount that would have been levied in that Fiscal Y ear had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Proper ty shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

2. Services Special Tax
Commencing with Fiscal Year 2026-2027, and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requi rement for Services and shall levy the Services Special Tax Proportionately on each Assess or’s Parcel of Developed Property at up to 100% of the applicable Maximum Services Special Tax as needed to satisfy the Special Tax Requirement for Services;
E. EXEMPTIONS

1. Facilities Special Tax
No Facilities Special Tax shall be levied on up to 12.22 Acres of Public Property and/or Property Owner Association Property in CFD No. 117. Tax-exe mpt status shall be assigned by the CFD Administrator in the chronological order in which p roperty in CFD No. 117 becomes Public Property or Property Owner Association Property. H owever, should an Assessor’s Parcel no longer be classified as Public Property or Property Owner Association Property, it shall, from that point forward, be subject to the Facilities Special Tax.

Notwithstanding the above, an Assessor’s Parcel in CFD No. 117 that is transferred to a public agency or property owner’s association prior to the issuance of the first series of CFD No. 117 Bonds that causes the Acreage of Public Property an d Property Owner Association Property to exceed the 12.22 Acreage limit that can be designat ed by the CFD Administrator under this Section E.1 shall also be exempted from paying the Facilities Special Tax.

Public Property or Property Owner Association Prope rty that is not exempt from the Facilities Special Tax under this Section E.1 shall be subject to the levy of the Facilities Special Tax and shall be taxed Proportionately as part of the fourt h step in Section D herein, at up to 100% of the applicable Maximum Facilities Special Tax for Taxab le Public Property and Taxable Property Owner Association Property.

In addition, no Facilities Special Tax shall be lev ied on Lower Income Households Welfare Exemption Property, provided that if, in any Fiscal Year, applicable law does not require that an Assessor’s Parcel that is Lower Income Households Welfare Exemption Property be exempt from the Facilities Special Tax, then the Facilities Special Tax shall be levied on such Assessor’s Parcel in accordance with this Rate and Method of Apportionment as if such Assessor’s Parcel were not classified as Lower Income Households Welfare Exemption Property.

2. Services Special Tax
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City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 12 No Services Special Tax shall be levied on Undevelo ped Property, Taxable Public Property, Taxable Property Owner Association Property, Public Property, or Property Owner Association Property.

In addition, no Services Special Tax shall be levie d on Lower Income Households Welfare Exemption Property, provided that if, in any Fiscal Year, applicable law does not require that an Assessor’s Parcel that is Lower Income Households Welfare Exemption Property be exempt from the Services Special Tax, then the Services Special Tax shall be levied on such Assessor’s Parcel in accordance with this Rate and Method of Apportionment as if such Assessor’s Parcel were not classified as Lower Income Households Welfare Exemption Property.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 117 may directly bill the Special Tax, and/or may collect Special Taxes at a different time or in a different manner if necessary to meet financial obligations, and, to the extent of the Facilities S pecial Tax, may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels.

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

The CFD Administrator shall interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations re lative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the CFD Administrator shall be subject to appeal to the Council whose decision shall be final and binding as to all persons.

H. PREPAYMENT OF FACILITIES SPECIAL TAX
Under this Rate and Method of Apportionment, an Ass essor’s Parcel within CFD No. 117 is permitted to prepay the Facilities Special Tax. The obligation of the Assessor’s Parcel to pay the Facilities Special Tax may be fully prepaid and per manently satisfied or partially prepaid as described herein, provided that a prepayment may be made only for Assessor’s Parcels of Developed Property, or for an Assessor’s Parcel of Undeveloped Property for which a building permit has been issued after January 1, 2026, and o nly if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Facilities Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The 361

City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 13 CFD Administrator may charge such owner a reasonabl e fee for providing this service. If there are Outstanding Bonds, prepayment must be made not less than 30 days prior to a date that notice of redemption of CFD No. 117 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture that is specified in the report of the Facilities Special Tax Prepayment Amount (defined below).

The following additional definitions apply to this Section H:
"CFD Public Facilities Costs" means either $9,463,900 in 2026 dollars, which shall increase by the Construction Inflation Index on July 1, 2027, a nd on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Admini strator as sufficient to provide funding for the Authorized Facilities under the authorized bond ing program for CFD No. 117, or (ii) shall be determined by the Council concurrently with a covenant that it shall not issue any more CFD No. 117 Bonds (except refunding bonds) to be supported by the Facilities Special Tax levy under this Rate and Method of Apportionment.
"Construction Inflation Index" means the annual percentage change in the Engineer ing News Record Building Cost Index for the City of Los Ange les, measured as of the month of December in the calendar year which ends in the previous Fis cal Year. In the event this index ceases to be published, the Construction Inflation Index shall b e another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) co sts of Authorized Facilities previously paid from the Improvement Fun d, (ii) moneys currently on deposit in the Improvement Fund available to pay costs of Authoriz ed Facilities, and (iii) the amount the CFD Administrator reasonably expects to derive from the reinvestment of these funds. "Improvement Fund" means a fund or account specifically identified in the Indenture (or prior to the issuance of the first series of CFD No. 117 Bonds a fund or account held by the City) to hold funds which are currently available for expenditure to acquire or construct Authorized Facilities. "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year.

1. Prepayment in Full
The Facilities Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Facilities Special Tax Prepayment Amo unt As of the proposed date of prepayment, the Faciliti es Special Tax Prepayment Amount shall be calculated according to the following paragraphs:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 362

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Community Facilities District No. 117 (Southridge) Page 14

2. For Assessor’s Parcels of Developed Property, compu te the Assigned Facilities Special Tax and Backup Facilities Special Tax for the Asses sor’s Parcel to be prepaid. For Assessor’s Parcels of Undeveloped Property for whic h a building permit has been issued after January 1, 2026, compute the Assigned Facilit ies Special Tax and Backup Facilities Special Tax for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for such Assessor’s Parcel.

3. (a) Divide the Assigned Facilities Special Tax comp uted pursuant to paragraph 2 by the total estimated Assigned Facilities Special Tax lev y for CFD No. 117 based on the Assigned Facilities Special Taxes for Developed Pro perty which could be levied on all expected development assuming Buildout of CFD No. 1 17, excluding any Assessor’s Parcels which have been prepaid, and
(b) Divide the Backup Facilities Special Tax computed pursuant to paragraph 2 by the total estimated Backup Facilities Special Taxes at Buildo ut for the entire CFD No. 117, excluding any Assessor’s Parcels which have been prepaid.

4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Is sued Bonds to be redeemed (the "Bond Redemption Amount").

5. Multiply the Bond Redemption Amount computed pursua nt to paragraph 4 by the applicable redemption premium (e.g., the redemption price minus 100%) set forth in the Indenture, if any, on the Previously Issued Bonds t o be redeemed (the "Redemption Premium").

6. Compute the current Future Facilities Costs.

7. Multiply the larger quotient computed pursuant to p aragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount").

8. Compute the amount needed to pay interest on the Bo nd Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the redemption date for the Previously Issued Bonds spe cified in the report of the Facilities Special Tax Prepayment Amount.

9. Determine the Facilities Special Tax levied on the Assessor’s Parcel in the current Fiscal Year which has not yet been paid.

10. Compute the minimum amount the CFD Administrator re asonably expects to derive from the reinvestment of the Facilities Special Tax Prep ayment Amount, less any interest earnings attributed to the Future Facilities Amount, and less any interest earnings attributed to the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment.

11. Add the amounts computed pursuant to paragraphs 8 a nd 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount").

12. The administrative fees and expenses of CFD No. 117 are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 117 Bonds, and the costs of 363

City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 15 recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses").

13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as d efined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new re serve requirement (as defined in the Indenture) in effect after the redemption of Previo usly Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previou sly Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).

14. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b ) by the expected balance in the capitalized interest fund or account under the Inde nture after such first interest and/or principal payment date (the "Capitalized Interest Credit").

15. The Facilities Special Tax prepayment is equal to t he sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Facilities Special Tax Prepayment Amount").

2. Prepayment in Part
The amount of the prepayment shall be calculated as in Section H.1; except that a partial prepayment shall be calculated according to the following formula:

PP = [(PE – A) x F] + A
These terms have the following meaning:

PP = the partial prepayment.

PE = the Facilities Special Tax Prepayment Amount calculated according to Section H.1.

F = the percentage, expressed as a decimal, by which the owner of the Assessor’s Parcel is partially prepaying the Facilities Special Tax.

A = the Administrative Fees and Expenses calculated according to Section H.1.

3. General Provisions Applicable to the Prepayment of Facilities Special Tax (a). Use of the Facilities Special Tax Prepayment Amount The Facilities Special Tax Prepayment Amount, less the Administrative Fees and Expenses calculated according to Section H.1 which shall be retained by CFD No. 117, and less the Future Facilities Amount calculated according to Section H.1 which shall be deposited into the Improvement Fund, shall be deposited into speci fic funds established under the Indenture, to fully or partially redeem as many Out standing Bonds as possible, and, if amounts are less than $5,000, to make debt service payments on the Outstanding Bonds. (b). Full Prepayment of Facilities Special Tax
Upon confirmation of the payment of the current Fiscal Year’s entire Facilities Special Tax obligation, the CFD Administrator shall remove the current Fiscal Year’s Facilities Special 364

City of Fontana January 30, 2026
Community Facilities District No. 117 (Southridge) Page 16 Tax levy for such Assessor’s Parcel from the County tax rolls. With respect to any Assessor’s Parcel that is prepaid in accordance wit h Section H.1, the CFD Administrator shall cause a suitable notice to be recorded in com pliance with the Act, to indicate the prepayment of the Facilities Special Tax and the re lease of the Facilities Special Tax lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay the Facilities Special Tax shall cease.
(c). Partial Prepayment of Facilities Special Tax
With respect to any Assessor’s Parcel that is partially prepaid, the CFD Administrator shall (i) distribute or cause to be distributed the funds remitted to it according to Section H.3.(a) and (ii) indicate in the records of CFD No. 117 that there has been a partial prepayment of the Facilities Special Tax and that a portion of th e Facilities Special Tax with respect to such Assessor’s parcel, equal to the outstanding pe rcentage (1.00 – F) of the remaining Maximum Facilities Special Tax, shall continue to b e levied on such Assessor’s Parcel pursuant to Section D herein.
(d). Debt Service Coverage
Notwithstanding the foregoing, no prepayment of the Facilities Special Tax shall be allowed unless the amount of Facilities Special Tax that may be levied on Taxable Property (assuming Buildout) within CFD No. 117 in each future Fiscal Year (after excluding Public Property and Property Owner Association Property as set forth in Section E.1 herein), after the proposed prepayment, is at least equal to the s um of (i) 1.10 times the debt service necessary to support the remaining Outstanding Bonds in each corresponding Fiscal Year, and (ii) Administrative Expenses.

I. TERM OF SPECIAL TAX
The Facilities Special Tax shall be levied for a pe riod not to exceed fifty years commencing with Fiscal Year 2026-2027. The Services Special Tax shall be levied in perpetuity to fund the Special Tax Requirement for Services.
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EXHIBIT A

CERTIFICATE TO AMEND FACILITIES SPECIAL TAX

CFD NO. 117 CERTIFICATE

1. Pursuant to Section C.1 of the Rate and Method o f Apportionment (the "Rate and Method") for City of Fontana Community Facilities District No. 117 (Southridge) ("CFD No. 117"), the Assigned Facilities Special Tax and the Backup Facilities Special Tax for Developed Property within CFD No. 117 has been reduced as described herein.

(a) The information in Table 1 of the Rate and Method r elating to the Assigned Facilities Special Tax for Residential Property within CFD No. 117 shall be modified as follows:

Land
Use
Class Description
Residential Floor
Area (square feet)
Original
Assigned
Facilities
Special Tax
Reduced

Assigned
Facilities
Special Tax
1 Residential Property 2,175 or greater $3,706 per unit $[_____] per unit 2 Residential Property 2,025 to less than 2,175 $3, 435 per unit $[_____] per unit 3 Residential Property 1,875 to less than 2,025 $3,382 per unit $[_____] per unit 4 Residential Property 1,725 to less than 1,875 $3,184 per unit $[_____] per unit 5 Residential Property Less than 1,725 $3,107 per unit $[_____] per unit

(b) The Assigned Facilities Special Tax for Non-Residential Property, as stated in Section C.1.a.(3) of the Rate and Method, shall be reduced from $42,665 per Acre to $[_____] per Acre.

(c) The Backup Facilities Special Tax for Developed Pro perty, as stated in Section C.1.a.(4) of the Rate and Method, shall be reduced from $50,190 per Acre to $[_____] per Acre.

2. The Assigned Facilities Special Tax and the Backup Facilities Special Tax for Developed Property may only be reduced prior to the first issuance of CFD No. 117 Bonds.

3. Upon execution of the certificate by CFD No. 117, CFD No. 117 shall cause an amended notice of Special Tax lien for CFD No. 117 to be recorded reflecting the reductions set forth herein.

All capitalized terms used herein shall have the meanings set forth in the Rate and Method.

By:___________________________ Date:______________ ________ CFD Administrator

By execution hereof, the undersigned acknowledge, o n behalf of CFD No. 117, receipt of this certificate and modification of the Rate and Method as set forth in this certificate.

CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE)

By:___________________________ Date:______________ _______

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RESOLUTION NO. 2026-023

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

CALIFORNIA DEEMING IT NECESSAR Y FOR CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE) TO

INCUR BONDED INDEBTEDNESS
WHEREAS, on March 10, 2026, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “ A Resolution of the City Council of the City of Fontana, California of Intention to Establish a Community Facilities District Proposed to be Named City of Fontana Community Facilities District No. 117 (Southridge) and to Authorize the Levy of a Special Tax Therein,” stating its intention to establish City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services;
WHEREAS, on March 10, 2026, the City Council also adopted a resolution entitled “A Resolution of the City Council of the City of Fontana, California Declaring it Necessary for City of Fontana Community Facilities District No. 117 (Southridge) to Incur Bonded Indebtedness” (the “ Resolution Declaring Necessity ”), declaring it necessary for the Community Facilities District to incur bonded indebtedness and setting the date for a public hearing to be held on the proposed debt authorization; WHEREAS, pursuant to the Resolution Declaring Necessity, notice of said public hearing was published in the Fontana Herald News, a newspaper of general circulation published in the area of the Community Facilities District, in accordance with the Act; WHEREAS, on this date, the City Council opened, conducted and closed said public hearing;
WHEREAS, at said public hearing, any pers on interested, including persons owning property within the area and desiring to appear and present any matters material to the questions set forth in the Resolution Declaring Necessity appeared and presented such matters;
WHEREAS, oral or written protests against the proposed debt issue were not made or filed at or before said public hearing by 50% or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the Community Facilities District, or the owners of one-half or more of the area of land in the territory proposed to be included in the Community Facilities District and not exempt from the Special Tax;
WHEREAS, the City Council deems it necessary for the Community Facilities District to incur bonded indebtedness;
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WHEREAS, on this date, the City Council adopted a resolution entitled “ A Resolution of the City Council of the City of Fontana, California of Formation of City of Fontana Community Facilities District No. 117 (Southridge), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established;” WHEREAS, the City Clerk of the City (the “City Clerk”) is th e election official that will conduct the special election on the proposition to authorize the Community Facilities District to incur bonded indebtedness;
WHEREAS, there has been filed with the City Clerk a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the Community Facilities District as of March 13, 2026 , which demonstrates that 12 or more persons have not been registered to vote within the territory of the Co mmunity Facilities District for each of the 90 days preceding the close of said public hearing;
WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District consenting to the waiver of, and waiving, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), consenting to the holding of said special election on April 14, 2026 , and consenting to the waiver of, and waiving, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on April 14, 2026;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California as follows:

Section 1. The foregoing recitals are tru e and correct , and the City Council so finds and determines.

Section 2. The City Council deems it necessary for the Community Facilities District to incur the bonded indebtedness.

Section 3. The bonded indebtedness will be incurred for the purpose of financing the costs of the Facilities, including all costs and estimated costs incidental to, or connected with, the accomplishment of said purpose, including, but not limited to, such costs and estimated costs as are described in Section 53345.3 of the Act.

Section 4. In accordance with the previous determination of the City Council, the whole of the Community Facilities District will pay for the bonded indebtedness.

Section 5. The maximum amount of debt to be incurred is $14,000,000. 368
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Section 6. The maximum term the bonds to be issued shall run before maturity is 40 years.

Section 7. The maximum annual rate of interest to be paid shall not exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds , payable semiannually or at such times as the City Council or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by the City Council or its designee at the time or times of sale of the bonds.

Section 8. The proposition to authorize the Community Facilities District to incur the bonded indebtedness shall be submitted to the qualified electors of the Community Facilities District.

Section 9. The City Council hereby finds and determines that no persons were registered to vote within the territory of the Community Facilities District as of March 13, 2026, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearing held by the City Council on the proposed debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.

Section 10. The C ity Council hereby finds and determines that the qualified electors of the Community Facilities District have (a) unanimously consented to the waiver of, and have waived, any time limit specified by Section 53326 of the Act and any requirement pertaining t o the conduct of said election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), (b) unanimously consented to the holding of said election on April 14, 2026 , and (c) unanimously consented to the waiver of, and have waived, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on April 14, 2026.

Section 11. The date of the special community facilities district election (which shall be consolidated with the special district election to authorize the Community Facilities District to levy the Special Tax) at which time the proposition to authorize the Community Facilities District to incur the bonded indebtedness shall be submitted to the voters is April 14, 2026.

Section 12. As authoriz ed by Section 53353.5 of the Act, the propositions to authorize the Community Facilities District to incur such bonded indebtedness, to authorize the Community Facilities to levy the Special Tax and to establish an appropriations limit of the Community Facilities District shall be combined into one ballot proposition.
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Section 13. Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand-delivered ballot. The voted ballots are required to be received in the office of the City Clerk no later than 2:00 p.m. on April 14, 2026; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.

Section 14. All actions heretofore taken by the officers, employees and agents of the City with respect to the incurrence of bonded indebtedness by the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

Section 15. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

Section 16. This Resolution shall take effect immediately upon its adoption.

APPROVED AND ADOPTED this 14th day of April 2026.

READ AND APPROVED AS TO LEGAL FORM:

_________________________________
City Attorney
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I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on the 14th day of April 2026, 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
371
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RESOLUTION NO. 2026-024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FONTANA, CALIFORNIA CALLING SPECIAL ELE CTION

FOR CITY OF FONTANA COMMUNITY FACILITIES
DISTRICT NO. 117 (SOUTHRIDGE)
WHEREAS, on this date, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “ A Resolution of the City Council of the Ci ty of Fontana, California of Formation of City of Fontana Community Facilities District No. 117 (Southridge), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established ” (the “Resolution of Formation”), establishing City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”), proposing that the Community Facilities District be authorized to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services and proposing that an appropriations limit of the Community Facilities District be established at $14,000,000; WHEREAS, on this date, the City Council also adopted a resolution entitled “A Resolution of the City Council of the City of Fontana, California Deeming it Necessary for City of Fontana Commu nity Facilities District No. 117 (Southridge) to Incur Bonded Indebtedness” (the “Resolution Deeming Necessity”), deeming it necessary for the Community Facilities District to incur bonded indebtedness in a maximum amount of $14,000,000;
WHEREAS, pursuant to the provisions of the Act and said resolutions, the propositions to authorize the Community Facilities District to incur such bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish such appropriations limit of the Community Facilities District are to be submitted to the qualified electors of the Community Facilities District at a special election; WHEREAS, the City Council desires to designate the City Clerk of the City (the “City Clerk”) as the election official for such special election; WHEREAS, there has been filed with the City Clerk a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the Community Facilities District as of March 13, 2026 , which demonstrates that 12 or more persons have not been registered to vote within the territory of the Community F acilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District; WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District consenting to the waiver of, and waiving, any time limit specified by Section 53326 of the Act and any requirement 372
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pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), consenting to the holding of said special election on April 14, 202 6 and consenting to the waiver of, and waiving, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on April 14, 2026;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California as follows:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. Pursuant to Sections 53351, 53326 and 5332 5.7 of the Act, the propositions to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District shall be submitted to the qualified electors of the Community Facilities District at an election called therefor as provided below.

Section 3. The City Clerk is hereby designated as the official to conduct said election.

Section 4. As auth orized by Section 53353.5 of the Act, the propositions to authorize the Community Facilities District to incur such bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish such appropriations limit of the Community Facilities District shall be combined into one ballot proposition.

Section 5. The City Council hereby finds and determines that no persons were registered to vote within the territory of the Community Facilities District as of March 13, 2026, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District.

Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.

Section 6. The City Council hereby finds a nd determines that the qualified electors of the Community Facilities District have (a) unanimously consented to the waiver of, and have waived, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said elec tion, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with 373
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Section 53345 of the Act), (b) unanimously consented to the holding of said election on April 14, 2026 , and (c) unanimously consented to the waiver of, and have waived, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on April 14, 2026.

Section 7. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness in a maximum amount of $14,000,000, to authorize the Community Facilities to levy the Special Tax and to establish the appropriations limit of the Community Facilities District at $14,000,000, which election shall be held at 8437 Sierra Avenue, Fontana, California, on April 14, 2026.

The City Council has caused to be provided to the City Clerk, as the official to conduct the election, the Resolution of Formation, the Resolution Deeming Necessity, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District.

The voted ballots shall be returned to the City Clerk not later than 2:00 p.m. on April 14, 2026; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.

Section 8. Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand -delivered ballot pursuant to Section 4000 et. seq. of the California Elections Code. Except as otherwise provided in the Act, the provisions of law regulating elections of the City, insofar as they may be applicable, shall govern the election.

Section 9. The form of the ballot for the election, which sets forth the measure to be submitted to the voters, is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form, together with all supplies and written instructions necessary for the use and return of the ballot. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.

The identification envelope for return of a ballot shall be enclosed with such ballot, shall have the return postage prepaid, and shall contain: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the author ized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c) the printed name and signature of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.

Analysis and arguments with respect to the measure submitted to the voters are hereby waived, as provided in Section 53327 of the Act. 374
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Section 10. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at 16860 Valencia Avenue, Fontana, California, to and including 2:00 p.m. on April 14, 2026, whether said ballots be personally delivered or received b y mail. The City Clerk shall have available ballots that may be marked at said location on the election day by said qualified electors.

Section 11. The City Council hereby determines that the facilities and services financed by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development occurring in the Community Facilities District.

Section 12. The specific purpose of the bonded indebtedness that the Community Facilities District is proposed to be authorized to incur is the financing of the Facilities, including all costs and estimated costs incidental to, or connected with, the accomplishment of such purpose, and the proceeds of such bonded indebtedness shall be applied only to such specific purpose.

Upon approval of the proposition to authorize the Community Facilities District to incur bonded indebtedness, and the sale of any bonds evidencing such indebtedness, the City Council shall take such action as may be necessary to cause to be established an account for deposit of the proceeds of sale of the bonds. For so long as any proceeds of the bonds remain unexpended, the Chief Financial Officer, Finance Department, of the City shall cause to be filed with the City Council, no later than January 1 of each year, a report stating (a) the amount of bond proceeds received and expended during the preceding year, and (b) the status of any project funded or to be funded from bond proceeds. Said report may relate to the calendar year, fiscal year or other appropriate annual period, as the Chief Financial Officer, Finance Department , of the City shall determine, and may be incorporated into the annual budget, audit or other app ropriate routine report to the City Council.

Section 13. All actions heretofore taken by the officers, employees and agents of the City with respect to the special election called pursuant hereto, or in connection with or related to any of the matters referred to he rein, are hereby approved, confirmed and ratified.

Section 14. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

Section 15. This Resolution shall take effect immediately upon its adoption.

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APPROVED AND ADOPTED this 14th day of April 2026.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, he ld on the 14th day of April 2026, 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
376

A-1

EXHIBIT A

OFFICIAL BALLOT

CITY OF FONTANA
April 14, 2026

SPECIAL ELECTION
This ballot is for a special, landowner election. The number of votes to be voted pursuant to this ballot is ___.

INSTRUCTIONS TO VOTERS:

To vote on the measure, mark a cross (+ or X) in the voting square after the word “YES” or after the word “NO”. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of Fontana and obtain another.

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 117
(SOUTHRIDGE)

MEASURE: Shall the measure to authorize City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”) to incur bonded indebtedness in a maximum amount of $14,000,000, to authorize the Community Facilities District to levy a special tax in order to finance certain facilities and services and to establish the annual appropriations limit of the Community Facilities District at $14,000,000, as specified in the resolutions adopted by the City Council of the City of Fontana on April 14, 2026 entitled “A Resolution of the City Council of the City of Fontana, California of Formation of City of Fontana Community Facilities Distri ct No. 117 (Southridge), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established ” and “A Resolution of the City Council of the City of Fontana, California Deeming it Necessary for City of Fontana Community Facilities District No. 117 (Southridge) to Incur Bonded Indebtedness,” be adopted?

Yes:

No:

377
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RESOLUTION NO. 2026-025

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

CALIFORNIA DECLARING RESULTS OF SPECIAL ELECTION AND

DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN
WHEREAS, on April 14, 2026, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Fontana, California Calling Special Election for City of Fontana Community Facilities District No. 117 (Southridge)” (the “Resolution Calling Election”), calling a special election to submit to the qualified electors of City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”) the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy a special tax and to est ablish the appropriations limit of the Community Facilities District;
WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on April 14, 2026; and WHEREAS, the City Clerk of the City (the “City Clerk”) has certified the canvass of the returns of the election and has filed a Canvass and Statement of Results of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California as follows:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. The City Council has received, reviewed and hereby accepts the Canvass.

Section 3. The City Council hereby finds and declares that the ballot proposition submitted to the qualified electors of the Community Facilities District pursuant to the Resolution Calling Election has been passed and approved by such electors in accordance with Section 53355, Section 53328 and Section 53325.7 of the Act.

Section 4. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of San Bernardino a notice of special tax lien in the form required by th e Act, said recording to occur no later than 15 days following adoption by the City Council of this Resolution.

Section 5. All actions heretofore taken by the officers, employees and agents of the City with respect to the special election, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified. 378
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Section 6. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

Section 7. This Resolution shall take effect immediately upon its adoption.

APPROVED AND ADOPTED this 14th day of April 2026.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on the 14th day of April 2026, 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

379

EXHIBIT A

[See attached]
380

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 117
(SOUTHRIDGE)

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on April 14, 2026, I canvassed the returns of the special election for City of Fontana Community Facilities District No. 117 (Southridge) held on April 14, 2026, that the total number of ballots cast in said Community Facilities District and the total number of votes cast for and against the combined ballot proposition submitted to the qualified electors of the Community Facilities District are as follows and that the totals as shown for and against such proposition are true and correct:

Qualified
Landowner
Votes

Votes
Cast

YES

City of Fontana Community Facilities
District No. 117 (Southridge) Special
Election, April 14, 2026

33 ____

____

____
MEASURE: Shall the measure to authorize City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”) to incur bonded indebtedness in a maximum amount of $14,000,000, to authorize the Community Facilities District to levy a special tax in order to finance certain facilities and services and to establish the annual appropria tions limit of the Community Facilities District at $ 14,000,000, as specified in the resolutions adopted by the City Council of the City of Fontana on April 14, 2026 entitled “A Resolution of the City Council of the City of Fontana, California of Formation of City of Fontana Community Facilities District No. 117 (Southridge), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” and “A Resolution of the City Council of the City of Fontana, California Deeming it Necessary for City of Fontana Community Facilities District No. 117 (Southridge) to Incur Bonded Indebtedness,” be adopted?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 14th day of April 2026.

By:

Germaine Key, City Clerk

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RESOLUTION NO. 2026-026

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

CALIFORNIA AUTHORIZING THE EXECUTION AND DELIVERY OF A

LETTER OF CREDIT AGREEMENT AND AN ACQUISITION AND

FUNDING AGREEMENT
WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”) has, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 (the “Act”), established City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”);
WHEREAS, it is anticipated that, in order to finance certain public facilities, the Community Facilities District will issue special tax bonds (the “Bonds”) secured by a special tax (the “Special Tax”) levied within the Community Facilities District; WHEREAS, KB HOME Cal Management Services LLC, a Delaware limited liability company (the “Developer”), proposes to develop the property within the Community Facilities District;
WHEREAS, it is contemplated that the property within the Community Facilities District may be substantially undeveloped at the time the Bonds are issued and that, as a result, a significant portion of the Special Ta x securing the Bonds would be levied o n undeveloped property;
WHEREAS, in order to increase the credit quality of the Bond issue, the Community Facilities District may require, as a condition to the issuance of the Bonds, that the Developer provide a letter of credit securing the payment of the Special Tax levied on certain of such undeveloped property within the Community Facilities District; WHEREAS, in order to evidence such requirement and the matters pertaining thereto, there has been prepared and presented to this meeting a form of Letter of Credit Agreement, by and between the Community Facilities District and the Developer (such Letter of Credit Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Letter of Credit Agreement”);
WHEREAS, the Developer proposes to construct, or cause to be constructed, certain of the public facilities proposed to be financed by the Community Facilities District pursuant to the Act, and the Community Facilities District proposes to purchase such public facilities from the Developer, title to which public facilities will be taken by the City; WHEREAS, the Community Facilities District, the City and the Developer desire to provide for the priority in which Special Tax and proceeds of the Bonds are to be applied and certain other matters regarding the Community Facilities District, the Special Tax and the Bonds;
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WHEREAS, in order to provide for such matters, there has been prepared and presented to this meeting a form of Acquisition and Funding Agreement by and among the Community Facili ties District, the City and the Developer (such Acquisition and Funding Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Acquisition Agreement”); and
WHEREAS, the City Council is the legislative body of the Community Facilities District;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California as follows:

Section 1. The Letter of Credit Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, be and the same is hereby approved. Each of the Mayor of the City, and such other member of the City Council as the Mayor may designate, the City Manager of the City and the Chief Financial Officer, Finance Department, of the City, and such other officer or employee of the City as the City Manager may designate (the “Authorized Officers”) is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute and deliver the Letter of Credit Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, su ch requirement or approval to be conclusively evidenced by the execution of the Letter of Credit Agreement by such Authorized Officer.

Section 2. The Acquisition Agreement, in substantially the form submitted to this meeting and made a part hereof as though set for th herein, be and the same is hereby approved. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute and deliver the Acquisition Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Acquisition Agreement by such Authorized Officer.

Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the City, to execute and deliver the Acquisition Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Acquisition Agreement by such Authorized Officer.

Section 3. All actions heretofore taken by the officers, employees and agents of the City with respect to the Letter of Credit Agreement and the Acquisition Agreement, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.
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Section 4. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

Section 5. This Resolution shall take effect immediately upon its adoption.

APPROVED AND ADOPTED this 14th day of April 2026.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on the 14th day of April 2026, 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
384
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ORDINANCE NO. 1986

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

CALIFORNIA LEVYING A SPECIAL TAX WITHIN C ITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE)
WHEREAS, on March 10, 2026, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “ A Resolution of the City Council of the City of Fontana, California of Intention to Establish a Community Facilities District Proposed to be Named City of Fontana Community Facilities District No. 117 (Southridge) and to Authorize the Levy of a Special Tax Therein,” stating its intention to establish City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”), to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services (the “Services”); WHEREAS, on April 14, 2026 , the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Fontana, California of Formation of City of Fontana Community Facilities District No. 117 (Southridge), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” (the “Resolution of Formation”), “A Resolution of the City Council of the City of Fontana, California Deeming it Necessary for City of Fontana Community Facilities District No. 117 (Southridge) to Incur Bonded Indebtedness” and “A Resolution of the City Council of the City of Fontana, California Calling Special Election for City of Fontana Community Facilities District No. 117 (Southridge),” which resolutions established the Community Facilities District, proposed that the Community Facilities District be authorized to levy the Special Tax within the Community Facilities District, proposed that an appropriations limit of the Community Facilities District be established and called a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District; WHEREAS, on April 14, 2026, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act; and
WHEREAS, the City Council is the legislat ive body of the Community Facilities District;

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

Section 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method”). The Special Tax is hereby levied commencing in fiscal year 20 26-27 and in each fiscal year thereafter until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Rate and Method.

Section 2. The City Council may, pursuant to subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in the current tax year or in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method.

Section 3. The Special Tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method.

Section 4. The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and Services and incidental expenses pursuant to the Act.

Section 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes or in such other manner as the City Council shall determine, inclu ding direct billing of the affected property owners.

Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.

Section 7. This Ordinance shall take effect and shall be in force 30 days after the date of its adoption and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Fontana Herald News , a newspaper of general circulation, printed and published in the City of Fontana, State of California, together with the names of the City Council members voting for and against the same.

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APPROVED AND ADOPTED this 28th day of April 2026.

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 14th day of April 2026, and was finally passed and adopted not less than five days thereafter on the 28th day of April, 2026, 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
387
4160-5976-0486.1

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 117
(SOUTHRIDGE)

CONCURRENCE OF ELECTION OFFICIAL
I, Germaine Key, City Clerk of the City of Fontana (the “City”), hereby certify as follows:
(a) that I am the electi on official responsible for conduc ting special elections in the City; and
(b) that, pursuant to Section 53326(a) of the Mello-Roos Community Facilities Act of 1982 (the “Act”), I do hereby concur in (i) the holding on the date hereof of the special election to submit to the qualified electors of City of F ontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”) the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy a special tax and to establish an a ppropriations limit of the Community Facilities District, as provided in the reso lution entitled “A Reso lution of the City C ouncil of the City of Fontana, California Calling Special Election for City of Fontana Community Facilities District No. 117 (Southridge),” proposed to be adopted by the City Council of the City on the date hereof, and (ii) the waiving by the unanimous consent of the qualified electo rs of the Community Facilities District of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of the election, includ ing any time limit or requirement applicab le to any election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act).

Dated: April 14, 2026

Germaine Key, City Clerk
388

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Public Finance
Public -Private Partnerships
Development Economics
Clean Energy Bonds

COMMUNITY FACILITIES

DISTRICT REPORT

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 117
(SOUTHRIDGE )

Report Date: April 14, 2026
389

www.FinanceDTA.com 18201 Von Karman, Suite 220
Irvine, CA 92612

COMMUNITY FACILITIES DISTRICT REPORT
FOR

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 117
(SOUTHRIDGE )

Prepared for:

City of Fontana
16860 Valencia Avenue
Fontana, CA 92335
390

TABLE

OF CONTENTS

SECTION
I INTRODUCTION ................................ .............................. 1 II PROJECT DESCRIPTION ................................ ................ 2

III DESCRIPTION AND ESTIMATED COSTS OF PUBLIC
FACILITIES AND SERVICES ................................ ............ 3 A Description of Public Facilities and Services ................ 3 B Estimated Costs of Public Facilities and
Services ................................ ................................ ................. 4

IV BONDED INDEBTEDNESS AND INCIDENTAL
EXPENSES ................................ ................................ .......... 6 A Projected Bond Sales ................................ ......................... 6 B Incidental Bond Issuance Expenses to be
Included in the Proposed Bonded
Indebtedness ................................ ................................ ....... 6 C Incidental Expenses to be Included in the
Annual Levy of Special Taxes ................................ ........... 6 V RATE AND METHOD OF APPORTIONMENT .............. 7
A Explanation for Special Tax Apportionment ................. 7 B Maximum Facilities Special Tax ................................ ....... 8 C Backup Facilities Special Tax ................................ ............ 9 D Maximum Services Special Tax ................................ ........ 9 E Accuracy of Information ................................ ................... 9 VI BOUNDARIES OF THE CFD ................................ .......... 10 VII GENERAL TERMS AND CONDITIONS ....................... 11 A Substitution of Facilities and Services ......................... 11 B Appeals and Interpretations ................................ ........... 11 C Prepayment of Special Tax ................................ ............. 11

APPENDICES

APPENDIX A RATE AND METHOD OF

APPORTIONMENT

APPENDIX B BOUNDARY MAP

391
1 SECTION I

INTRODUCTION

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

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I INTRODUCTION
WHEREAS, the City Council of the City of Fontana (hereinafter referred to as the "Council") did, pursuant to the provision of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2 of Title 5 (commenc ing with Section 53311) of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the legislative body of the proposed Community Facilities District (“CFD”). This CFD being City of Fontana CFD No. 117 (Southridge) shall hereinafter be referred to as:
"CFD No. 117"; and,
WHEREAS, on March 10, 2026, Council, pursuant to the Act, adopted a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FO NTANA, CALIFORNIA OF

INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTR ICT PROPOSED TO BE NAMED CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN" (hereinafter referred to as the "Resolution of Intention") directing that the Report generally contain the following:

1. A brief description of the public facilities and services by type that will be required to adequately meet the needs of CFD No. 117; and

2. An estimate of the cost of providing the public facilities and services, including an estimate of the fair and reasonable cost of the public facilities proposed to be purchased as completed public facilities and of the incidental expenses proposed to be paid.

WHEREAS, each officer of the City of Fontana (hereinafter referred to as the "City") who is or will be responsible for providing one or more of the proposed types of public facilities or services to be financed by CFD No. 117 has hereby directed DTA Public Finance, Inc. (“DTA”) to study the proposed CFD No. 117 and, at or before the time of the public hearing on the establishment of CFD No. 117, file the Repor t with Council pursuant to the provisions of the Resolution of Intention.

NOW, THEREFORE, DTA does hereby submit the Report.
392
2 SECTION II

PROJECT DESCRIPTION

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

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II PROJECT DESCRIPTION
CFD No. 117 encompasses approximately 32.2 gross ac res of land within the City located on the east side of Live Oak Avenue and south of Village Drive. Of this acreage, approximately 20.0 acres are expected to be developed into uses subject to a Mello- Roos Special Tax 1. At buildout, it is currently anticipated that CFD No. 117 will consist of approximately two hundred fifty-five (255) detached condominium units ranging in size from 1,710 to 2,320 square feet.

1 Please note that all capitalized terms used herein, unless otherwise indicated, shall have the meanings defined in the Rate and Method of Apportionment for CFD No. 117. 393
3 SECTION I II

DESCRIPTION AND ESTIMATED

COSTS OF PUBLIC FACILITIES AND

SERVICES

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

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III DESCRIPTION AND ESTIMATED COSTS OF PUBLIC FACILITIE S AND

SERVICES
A CFD may provide for the purchase, construction, expansion or rehabilitation of any real or tangible property, including public facilities and infrastructure improvements, with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of d evelopment or rehabilitation occurring within the CFD. In addition, a CFD may pay in full all amounts necessary to eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to pay for any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the CFD. A CFD may also provide for the financing of certain public services to meet these demands.

A Description of Public Facilities and Services
The type of public facilities proposed to be eligible for funding by CFD No. 117, as identified in the resolution establishing CFD No. 117 (the "Resolution of Formation"), shall consist of those listed below. It is intended that CFD No. 117 will be authorized to finance all or a portion of the costs of any of the following public facilities to be owned and operated by the City, and such public facilities shall be constructed, whether or not acquired in their completed states, pursuant to the plans and specifications approved by the City:

A.1 Facilities
The types of public facilities to be financed by CFD No. 117 are streets, including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, sewers, storm drains, flood control facilities, fire protection facilities, police facilities, public facilities, library facilities, water distribution, treatment and storage facilities, dry utilities including natural gas electricity and telecommunications, and park and recreation facilities including trails and pathways, and land, landscaping, rights-of-way and easements necessary for any of such facilities and incidental expenses.

A.2 Facilities Authorized to be Purchased as Completed Public Facilities The types of public facilities to be purchased as completed facilities are streets, including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, sewers, storm drains, water distribution, treatment and storage facilities, dry utilities including natural gas electricity and telecommunications, and park and recreation facilities including trails and pathways, and land, landscaping, rights-of-way and easements necessary for any of such facilities and incidental expenses. 394
4 SECTION I II

DESCRIPTION AND ESTIMATED

COSTS OF PUBLIC FACILITIES AND

SERVICES

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

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A.3 Services
The types of public services proposed to be eligible for funding by CFD No. 117 are fire protection and suppression services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

A.4 Incidental Expenses
The incidental expenses proposed to be incurred include the following:

The cost of planning and designing public facilities to be financed by CFD No. 117, including the cost of environmental evaluations of those facilities; The costs associated with the creation of CFD No. 117, issuance of CFD No. 117 bonds (the "Bonds"), determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 117; and
Any other expenses incidental to the construction, completion, and inspection of the authorized work.

B Estimated Costs of Public Facilities and Services
The estimated costs of infrastructure and facilities proposed to be eligible for funding by CFD No. 117 are set forth in the table below. The costs listed below are estimates only and actual costs may differ from those estimates herein. As previously referenced, it is intended that CFD No. 117 will be authorized to finance all or a portion of the costs of any of the following public facilities:
395
5 SECTION I II

DESCRIPTION AND ESTIMATED

COSTS OF PUBLIC FACILITIES AND

SERVICES

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

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CFD No. 117 (SOUTHRIDGE ) PUBLIC FACILITIES AMOUNT

Acquisition Facilities

$3 ,53 7 ,41 0 [1]
Park, Trail & Landscaping Improvements $3,281,375
Streetlighting Improvements $256,035

Dry Utilities $550,000 [2]

Other Public Facilities
$3 ,893 ,3 40 [3 ]
Circulation Facility Improvements $1,704,675
Storm Drain Improvements $1,023,060
Sewer System Improvements $260,865
Active Transportation Plan
Improvements
$235,875
Police Facility Improvements $140,760
Public Facility Improvements $132,600
Local Arterials Improvements $132,090
Fire Facility Improvements $109,905
Landscape Median Improvements $83,130
Traffic Signal Improvements $40,800
Library Facility Improvements $29,580

Additional Capital Facility Infrastructure Improvements (Estimate) $1,839,000 TOTAL ESTIMATED COSTS $9,81 9,7 50
[1] Represents construction costs estimates provided by the project landowner and their consultants . Subject to review and confirmation.
[2] Represents estimated dry utilities costs provided by the project landowner and their consultants, not to exceed 5% of total indebtedness. Preliminary, subject to review and confirmation . [3 ] Represents e stimated amount of Permit Fees provided by the project landowner and their consultants and subject to review and confirmation .

In addition, CFD No. 117 is expected to finance the annual costs to provide fire protection and suppression services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services, and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City. The Services Special Tax within CFD No. 117 has been established to pay for these public services at approximately $1,080 per detached condominium unit per year. This amount is subject to change based on the actual need that arises as development progresses within CFD No. 117 and shall also be subject to an annual increase as specified in Section C.2 of the Rate and Method of Apportionment (defined herein).
396
6 SECTION IV

BONDED INDEBTEDNESS AND

INCIDENTAL EXPENSES

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

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IV BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES
A Projected Bond Sales
The maximum authorized bonded indebtedness for CFD No. 117 is $14,000,000. It is anticipated that CFD No. 117 will sell one or more series of Bonds, as determined necessary and appropriate by Council, as development progresses within CFD No. 117.

B Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness
Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the estimated costs of construction or acquisition of buildings, or both; acquisition of land, rights-of-way, water, sewer, or other capacity or connection fees; satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued, architectural, engineering, inspection, legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district estimated to be due and payable within two years of issuance of the bonds; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel and the City's general counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. For the Bonds proposed to be issued by CFD No. 117, the res erve requirement is estimated at approximately seven percent of the principal amount of Bonds, capitalized interest is estimated at approximately five percent of the principal amount of Bonds, and all other incidental bond issuance expenses are estimated at approximately four percent of the principal amount of Bonds. Actual bond issuance expenses, including the amount of Bond funded capitalized interest, may vary from the above estimates.

C Incidental Expenses to be Included in the Annual Levy of Special Taxes Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in whole or part, the costs of providing public facilities, services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the costs of planning and designing public facilities to be financed, including the costs of environmental evaluations of those public facilities; the costs associated with the creation of the district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district; any other expenses incidental to the construction, completion, and inspection of the authorized work; and the costs associated with the retirement of existing bonded indebtedness. While the actual costs of administering CFD No. 117 may vary, it is anticipated that the amount of Special Taxes which can be collected senior to the payment of principal and interest on the Bonds will be sufficient to fund at least $20,000 in annual administrative expenses, which shall also be subject to an annual increase of two (2%) annually. 397
7 SECTION V

RATE AND METHOD OF

APPORTIONMENT

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

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V RATE AND METHOD OF APPORTIONMENT
All of the property located within CFD No. 117, unless exempted by law or by the Rate and Method of Apportionment (defined below), shall be taxed for the purpose of funding public facilities and services authorized to be financed by CFD No. 117. Pursuant to Section 53325.3 of the Act, the tax imposed “is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The special tax “may be based on benefit received by parcels of real property, the costs of making authorized facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body,” although the special tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.

The rate and method of apportionment of the special tax (the "Rate and Method of Apportionment") proposed to be levied within CFD No. 117 is described in Exhibit C to the Resolution of Intention. This proposed Rate and Method of Apportionment, also provided herein as Appendix A, provides information sufficient to allow each property owner within CFD No. 117 to estimate the maximum annual Special Tax he or she will be required to pay.

Sections A through D below provide additional information on the Rate and Method of Apportionment.

A Explanation for Special Tax Apportionment
When a community facilities district is formed, a special tax may be levied on each parcel of taxable property within the community facilities district to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by a community facilities district.

This special tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis.

When more than one type of land use is present within a community facilities district, several criteria may be considered when apportioning the special tax. Generally, criteria based on building square footage, acreage, and land use are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the projected product mix and are reflective of the proposed land use types within that community facilities district. Specific special tax levels are assigned to each land use class, with all parcels within a land use class assigned the same special tax rate.

The Act does not require that special taxes be apportioned to individual parcels based on benefit received. However, in order to ensure fairness and equity, benefit principles have been incorporated in establishing the Special Tax rates for CFD No. 117.

The major assumption inherent in the Special Tax rates set forth in the Rate and Method of 398
8 SECTION V

RATE AND METHOD OF

APPORTIONMENT

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

www.FinanceDTA.com
Apportionment is that the level of benefit received from the proposed public facilities and services is a function of land use and/or product type. This assumption is borne out through an examination of commonly accepted statist ical measures for public facility usage.

For example, in measuring average weekday vehicle t rip-ends, the Institute of Transportation Engineer's Trip Generation manual identifies land use as the primary determinant of trip-end magnitude. Larger residential dwelling units typically generate a greater number of trip-ends than do smaller residential dwelling units, and therefore, will tend to receive more benefit from road grading, roa d landscaping and road improvements.

Drainage and flood control requirements generally vary with the amount of impervious ground cover per parcel. It follows that large homes situated on large lots have more impervious ground cover which will create more drainage flows than that of smaller homes situated on smaller lots.

In addition, sewer treatment costs are based on plant capacity to treat Biochemical Oxygen Demand (“BOD”), Suspended Solids (“SS”), and the flow rate. Other variables for water and sewer requirements include storage and fire flow requirements, as well as the number of bathrooms and fixture units in the home and the population of the household, which tends to vary directly with the size of the dwelling unit.

Furthermore, larger buildings typically generate a greater number of “person hours,” or the number of hours per week that residents associated with a specific type of land use could potentially use park and recreation facilities, or require the need for the proposed public services.

Therefore, Special Tax rates have been established for residential and non-residential land use classes for CFD No. 117. In addition, in order to ensure fairness, the Special Tax rates are uniformly applied within each land use class. The Special Tax for a parcel of Residential Property within CFD No. 117 will vary d irectly based on the amount of Residential Floor Area associated with each such parcel. The Special Tax for Non- Residential Property, if any, in CFD No. 117 will vary directly with the acreage of such parcel.

Based on the types of public facilities and services that are proposed for CFD No. 117 and the factors described above, the Special Taxes assigned to Developed Properties are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 117 can be considered fair and reasonable.

B Maximum Facilities Special Tax
Table 1 within the Rate and Method of Apportionment lists the Assigned Facilities Special Tax that may be levied on each Assessor’s Parcel classified as Developed Property within CFD No. 117 to fund the Special Tax Requirement for Facilities. The Facilities Special Tax for an Assessor’s Parcel of Developed Property cannot exceed the rates shown in such 399
9 SECTION V

RATE AND METHOD OF

APPORTIONMENT

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

www.FinanceDTA.com
Table 1, except when the Backup Facilities Special Tax is applied as discussed in Section C below. Furthermore, the Maximum Facilities Special Tax for each Assessor’s Parcel of Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall equal $50,190 per Acre.

C Backup Facilities Special Tax
Pursuant to the Rate and Method of Apportionment, the Maximum Facilities Special Tax for each Assessor’s Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Facilities Special Tax or (ii) the amount derived by application of the Backup Facilities Special Tax. The Backup Facilities Special Tax for an Assessor's Parcel of Developed Property shall equal $50,190 per Acre, or such lower amount as determined pursuant to Section C.1. a.(4) of the Rate and Method of Apportionment.

D Maximum Services Special Tax
Table 2 within the Rate and Method of Apportionment lists the Fiscal Year 2026-2027 Maximum Services Special Tax that may be levied against Developed Property within CFD No. 117 to fund the Special Tax Requirement for Services. On each July 1, commencing July 1, 2027, the Maximum Services Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year. No Services Special Tax shall be levied on Undeveloped Property, Taxable Public Property, Taxable Property Owner Association Property, Public Property or Property Owner Association Property in CFD No. 117. Refer to Section C.2 of the Rate and Method of Apportionment for further details on the Services Special Tax.

E Accuracy of Information
In order to establish the Maximum Special Tax rates for CFD No. 117 as set forth in the Rate and Method of Apportionment, DTA has relied on information including, but not limited to, land-use types, building square footage, and net taxable acreage provided by others.

DTA has not independently verified such data and disclaims responsibility for the impact of inaccurate data, if any, on the Rate and Method of Apportionment for CFD No. 117, including the inability to meet the financial obligations within CFD No. 117. 400
10 SECTION VI

BOUNDARIES OF THE CFD

City of Fontana April 16, 2026
Community Facilities District No. 117 (Southridge)

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VI BOUNDARIES O F THE CFD
The boundaries of CFD No. 117 include all land on which the Special Taxes may be levied.

A reduced scale map showing the boundaries of CFD N o. 117 is provided herein as Appendix B. A full-scale map is on file with the City Clerk of the City and was recorded on March 17, 2026, in Book 92 of Maps of Assessment and Community Facilities Districts at

Page 91 ends

Fontana City CouncilApril 14, 2026

Fontana City Council
April 14, 2026