Agenda packet — Fontana City Council, April 14, 2026 (part 1 of 3)

Tuesday, April 14, 2026
2:00 PM
City of Fontana
8437 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1985 Reso. No. 2026-020
Steelworkers' Auditorium
8437 Sierra Avenue
Fontana, Ca. 92335
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda April 14, 2026
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Steelworker's Auditorium 8437 Sierra Avenue, Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Steelworker's Auditorium is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office.

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

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

PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

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

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Valdez v. City of Fontana USDC Case No.:
5:24-cv-002631-KK-SP

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 16049 Arrow Blvd., (City Link Phase II)
26-0918

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2 City Council Meeting Regular Agenda April 14, 2026
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Water of Life
Under negotiation: Price and terms of payment

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: APN 1100-091-71 (Lot C) and 1100-111-51 (Lot D) City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Water of Life
Under negotiation: Price and terms of payment
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement:

SPECIAL PRESENTATIONS/ CEREMONIAL:

A. Mayor Warren and City Council to recognize Community Services Supervisor, Stan Clark, Community Service
Coordinator, Zachary Tamayo and Southern California
Municipal Athletic Federation, Executive Director, Bill Bant for their dedication and outstanding efforts in developing and organizing the "Surf & Turf" competition
26-0916
B. Mayor Warren and City Council to recognize Gabriel Cancinos, Electrical and Safety gold medal winner at the ABC National Craft Championships
26-0930
C. Mayor Warren and City Council to proclaim April 2026 as National Donate Life Month
26-0917
PUBLIC COMMUNICATIONS:

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

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3 City Council Meeting Regular Agenda April 14, 2026
A. Public Communications
CONSENT CALENDAR:

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

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 26-0913
Approve the minutes of March 24, 2026, Regular City Council Meeting and the March 31, 2026, Special City Council Meeting.

Attachment No. 1- City Council Meeting Minutes
03-24-2026.pdf
Attachment No. 2- Special City Council Meeting Minutes
Goal Setting 03-31-2026.pdf
Attachments:

B. Adoption of a Resolution Declaring, Pursuant to the
Previously Adopted Mitigation Negative Declaration for the Fire Station No. 80 Project, a Portion of Certain Real
Property Located at 6585 Cherry Avenue a Public
Right-of-Way for Street and Utility Purposes and Accepting the Road into the City ’s Street SystemAdoption of a
Resolution
26-0825
Adopt Resolution No. 2026-020, declaring a portion of certain real property located at 6585 Cherry Avenue a public right-of-way for street and utility purposes and accepting the road into the City’s street system.

Attachment No. 1- Resolution
Attachment No. 2- EXHIBIT A
Attachment No. 3- EXHIBIT B
Attachment No. 4- Vicinity Map
Attachments:

C. Purchase and Sale Agreement of the Property from San Bernardino County Transportation Authority (SBCTA), APN 0191-161-25
26-0838

1. Approve a Purchase and Sale Agreement for the purchase of the property near Spring Street facing the Pacific Electric Trail, specifically described as APN 0191-161-25, in the amount of $130,000 plus escrow costs and related acquisition fees.

2. Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

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4 City Council Meeting Regular Agenda April 14, 2026
Attachment No. 1- Fontana - APN 0191-161-25
PSA-c1.docx
Attachment No. 2- Vicinity Map.pdf
Attachments:

D. Amendment No. 1 to the Professional Services Agreement for Architectural Design Services with Robert, Borders & Associates for the Regional Navigation Center Tenant
Improvements Project (DE-25-91-SP)
26-0861

1. Approve and authorize the City Manager to enter into Amendment No. 1 to the Professional Services Agreement with Robert, Borders & Associates for Architectural Design Services for the Regional Navigation Center Tenant Improvements Project (DE-25-91-SP) in the amount of $147,120.00, for a total contract amount of $772,519.00.

2. Approve and authorize the City Manager to execute future individual Amendments not exceeding $100,000 for the Regional Navigation Center Tenant Center Improvement Project (PN37600084).

Attachment No.1 Vicinity Map RNCTI.pdf
Attachment No.2 PSA_Amendment (DE-25-91-SP).pdf
Attachments:

E. Adopt a Resolution for Projects Funded by the Road Repair and Accountability Act, SB 1
26-0869
Adopt Resolution No. 2026-021, of the City Council of Fontana to incorporate projects funded by SB 1, the Road Repair and Accountability Act, for Fiscal Year 2026-2027.

Attachment No. 1-City of Fontana Reso Edits 040726.docxAttachments:

F. Approve Amendment No. 2 to Task Order No. 2
(DE-24-195-SQ) with NV 5, Inc. for Plan Check, Map Check, and WQMP Review Services
26-0870
Approve and authorize the City Manager to enter into Amendment No. 2 to Task Order No. 2 (DE-24-195-SQ) with NV5, Inc. in the amount of $198,000, and an amended Task Order total of $477,000 for additional plan check, map check, and WQMP review services.

Attachment No. 1- NV5 Executed Task Order #2.1.pdfAttachments:

G. Annual Update on Military Equipment Pursuant to
California Assembly Bill 481
26-0887
Adopt the “2025 Fontana Police Department Annual Military Equipment Use Inventory Report” in accordance with Ordinance No. 1892 of the Fontana Municipal Code, Governing Military Equipment Usage.

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5 City Council Meeting Regular Agenda April 14, 2026
Attachment No. 1- 2025 FONTANA POLICE MILITARY
EQUIPMENT INVENTORY For 2025.docx
Attachment No. 2- Fontana PD - AB 481 2025-2026 Annual
Report on Military Equipment Usage.docx
Attachment No. 3- Fontana AB 481 Ordinance-c1-c1-c1.pdf Attachment No. 4- 709 Military_Equipment-c1.pdf
Attachments:

H. Approve Right of Way Purchase and Sale Agreements of the Properties for the Building A Better Connected Inland Empire (RAISE) Project
26-0890

1. Approve and authorize the City Manager to accept modifications made by MWD and enter into a Purchase and Sale Agreement of the properties with Metropolitan Water District of Southern California.

2. Approve and authorize the City Manager to accept modifications made by MWD and enter into a Possession and Use Agreement of the properties with Metropolitan Water District of Southern California.

3. Approve and authorize the City Manager to enter into a Purchase and Sale Agreement of the properties with Intex Corporation.

Attachment No. 1- PSA with MWD
Attachment No. 2- PUA with MWD
Attachment No. 3- PSA with Intex
Attachments:

I. Purchase of Artificial Turf Replacement Materials for Fields #5 and #6 at Ralph M. Lewis Park
26-0891

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.

Attachment No. 1- Ralph Lewis Park - Fields 5 and 6 CMAS Proposal Material Only 03.09.26 (1).pdf
Attachment No. 2- Ralph Lewis Field.docx
Attachments:

J. Approve Anchor Easement with Southern California Edison Company on City Property Adjacent to Armstrong Road
26-0901

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

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6 City Council Meeting Regular Agenda April 14, 2026
Attachment No. 1 - Final Draft of SCE Anchor Easement
73784A - For City Signature.pdf
Attachments:

K. Approve City of San Bernardino Animal Shelter Services Agreement Amendment No. 1
26-0902

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.

Attachment No. 1- Amendment No. 1 to the Regional
Partnership Agreement.pdf
Attachment No. 2- Staff Report for Regional Partnership Amendment.pdf
Attachments:

L. Approve a Purchase Order with Knott ’s Berry Farm for the entry tickets to the amusement park for the Fontana
Expanded Learning Program
26-0909

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.

Attachment No. 1- Quote_2026 KBF Fontana Expanded
Learning Center NC_2026-03-10.pdf
Attachments:

M. 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
26-0912

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.

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7 City Council Meeting Regular Agenda April 14, 2026
Amended and Restated Communications License Agmt -
14000 Philadelphia-c1.docx
Exhibit B - AT&T License Agreement 14000
Philadelphia-c1.pdf
Exhibit C - AT&T License Agreement 14000
Philadelphia-c1.pdf
Attachments:

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. 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).
26-0786
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

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8 City Council Meeting Regular Agenda April 14, 2026
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).”
Attachment No. 1 - Ordinance
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - Draft Planning Commission Minutes
Attachment No. 4 - Public Hearing Notice
Attachments:

B. Public Hearing on Formation of Community Facilities
District No. 117 (Southridge)
26-0896

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

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9 City Council Meeting Regular Agenda April 14, 2026
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.

Attachment No. 1- Resolution of Formation
Attachment No. 2- Reso 2026-022 Exhibits A and B.pdf
Attachment No. 3- Resolution Deeming Necessity
Attachment No. 4- Resolution Calling Special Election
Attachment No. 5- Resolution Declaring Results
Attachment No. 6- Resolution Approving Letter of Credit Agreement and Acquisition Agreement
Attachment No. 7- Ordinance to Levy Special Tax
Attachment No. 8-Concurrence of Election Official
Attachment No. 9- CFD No. 113 (The Gardens Phase Two)
CFD Report
Attachment No. 10- Notice of Special Tax Lien
Attachment No. 11- KB Home Cal Management Services
Consent & Waiver
Attachment No. 12- Acquisition and Funding Agreement
Attachment No. 13- Letter of Credit Agreement
Attachments:

NEW BUSINESS:

A. New Business
A. Introduction and First Reading of Ordinance No. 1987, an Ordinance of the City Council of the City of Fontana,
California, amending Article XIII of Chapter 15 of the
Fontana Municipal Code to regulate social hosts who allow illegal fireworks.
26-0911
Introduce and waive further reading of Ordinance No. 1987, Ordinance of the City Council of the City of Fontana, California, amending Article XIII of Chapter 15 of the Fontana Municipal Code to regulate social hosts who allow illegal fireworks.

Attachment No.1- Ord No.1987.docxAttachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

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10 City Council Meeting Regular Agenda April 14, 2026
A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on April 28, 2026 at 2:00 p.m. in the Steelworkers' Auditorium located at 8437 Sierra Avenue, Fontana, California.

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11 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0918 Agenda Date: 4/14/2026
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, April 14, 2026
1:00 P.M.

Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0916 Agenda Date: 4/14/2026
Agenda #: A. Category: Ceremonial Items
Ceremonial Item
Tuesday, April 14, 2026
Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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Agenda #: A. Category: Ceremonial Items
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14 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0930 Agenda Date: 4/14/2026
Agenda #: B. Category: Ceremonial Items
Ceremonial Item
Tuesday, April 14, 2026
Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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Agenda #: B. Category: Ceremonial Items
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16 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0917 Agenda Date: 4/14/2026
Agenda #: C. Category: Ceremonial Items
Ceremonial Item
Tuesday, April 14, 2026
Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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Agenda #: C. Category: Ceremonial Items
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18 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0913 Agenda Date: 4/14/2026
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of March 24, 2026, Regular City Council Meeting and the March 31, 2026, Special City Council Meeting.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City Council will consider approval of the minutes of March 24, 2026, Regular City Council Meeting and the March 31, 2026, Special City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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City of Fontana

8437 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, March 24, 2026

2:00 PM

Steelworkers' Auditorium

City Council Meeting

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

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CALL TO ORDER/ROLL CALL:

A. 2:00 P.M. Call To Order/Roll Call:

The Regular Meeting of the Fontana City Council was held in the Steelworkers’ Auditorium , 8437 Sierra Avenue, Fontana, CA 92335, on Tuesday, March 24, 2026.

Mayor Warren called the Regular City Council Meeting to order at 2:03 p.m.

ROLL CALL:

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

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

ABSENT: Council Member Cothran

INVOCATION/PLEDGE OF ALLEGIANCE:

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

SPECIAL PRESENTATIONS:

A. Mayor Warren and City Council to recognize San Bernardino County Fire Captain, Jim Grigoli on his retirement.

Mayor Warren and the City Council recognized San Bernardino County Fire Captain, Jim Grigoli on his retirement.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Karyme Sanchez, Giselle Cueva, Daisey San Martin, and Makayla Smith, Cal State San Bernardino students presented findings from a community assessment, identifying affordable housing and lack of awareness of housing assistance programs as primary concerns. They urged the City Council to prioritize affordable housing, expand outreach, and improve public awareness of available resources to support residents and prevent displacement.

John Pedroza requested the removal of a Parks, Community and Human Services Commissioner, citing alleged involvement in a homicide and ongoing investigations, and urged the Council to agendize the matter and open the position for new applicants.

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Manyjh O'Quin expressed concerns regarding lack of housing assistance, describing ongoing homelessness and difficulty accessing services, and urged the City to improve support, funding transparency, and responsiveness to families in need.

Caroline Ambrose, supported prior comments requesting the removal of a Parks, Community and Human Services Commissioner, citing alleged involvement in a homicide, and urged the Council to agendize removal and open the position to new applicants.

At Mayor Warren's request, Deputy City Manager Phil Burum discussed the City’s housing efforts, noting significant investments in affordable housing, homelessness programs, and new developments, while acknowledging ongoing high demand, long waitlists, and the broader regional housing crisis that limits the City’s ability to fully meet community needs. Mayor Warren also invited the students to meet with staff to review available housing resources and share their research.

CONSENT CALENDAR:

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Sandoval, and passed unanimously by a vote of 4-0 to approve Consent Calendar Items “A-O.” The motion carried by the following vote: AYES: Warren, Garcia , Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Cothran

A. Approval of Minutes 26-0879
Approve the minutes of the March 10, 2026, Regular City Council Meeting.

B. Approve the Task Order for Phase II of the Geotechnical 26-0824 Engineering and Materials Testing Services for the City Hall Renovation Project (City Hall; SQ-87-DE-19-92).

1. Approve and authorize the City Manager to enter into the Task Order with Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Phase II of the Geotechnical Engineering, Materials Testing Services and Building Envelope Testing Services for the City Hall Renovation Project (Request for Proposals SQ-87-DE-19-92) in the amount of $554,325.00.

2. Approve and authorize the City Manager to enter into future Amendments to the Task Order for the Phase II of the Geotechnical Engineering Testing Services and Building Envelope Testing Services for City Hall Renovation not to exceed $55,400.

C. Approval of a Purchase Order with Complete Paperless 26-0852 Solutions for the digitization of planning project files for purposes of permanent records retention.

1. Authorize the Purchasing Division to utilize the RFP 2024-16 contract awarded by the City of Menifee for document scanning services per 22

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Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal; and,

2. Approve a Purchase Order with Complete Paperless Solutions in the amount of $220,000 for the digitization of approximately 1.25 million sheets of Planning project paper files that are to be kept for permanent record retention; and,

3. Authorize the City Manager, or designee, to enter into all related documents and take any actions necessary to carry out the intent of this approval.

D. Final Acceptance of Zeco, Inc’s work for the Southridge Dog 26-0856 Parks (East and West) Project (Bid No. DE-25-97-SB)
Accept as complete the work performed by Zeco, Inc. for the Southridge Dog Parks (East and West) Project (#37200008 and #37200009).

E. Police Department Monthly Information Update 26-0858 Accept the Police Department monthly information update for January 2026.

F. Award a Construction Contract for the City Hall Renovation 26-0859 Project - Phase II (City Hall; Bid No. DE-26-91-SB)
Award bid and authorize the City Manager to enter into a construction contract with Swinerton Builders for the construction of the City Hall Renovation Project - Phase II (City Hall) in the amount of $49,422,000.00 and authorize a 10% contingency in the amount of $4,942,200.00 (Bid No. DE-26-91-SB).

G. Approve Fifth Contract Change Order for Asphalt Grind and 26-0866 Overlay Paving for the Construction of Traffic Signal at Duncan Canyon Road and Citrus Avenue, as Part of the
Reimbursement Agreement with HDO4, LLC

1. Approve fifth contract change order for asphalt grind and overlay paving for the construction of traffic signal at Duncan Canyon Road and Citrus Avenue, as part of the Reimbursement Agreement with HDO4, LLC.

2. Approve appropriation and allocate the amount of $31,194.08 from Fund 604 - Measure T.

H. Approve an Increase in Construction Contingency for FY 26-0867 2024/2025 Citywide Pavement Rehabilitation Project
(DE-25-102-SB)
Approve and authorize the City Manager to increase the construction contingency amount by $300,000.00, for a total contingency amount of $747,652.83 (DE-25-102-SB).

Page 5 of 8 ends

I. Amendment No. 1 to a Settlement Agreement between the City 26-0872 of Fontana and Prime Point Property Corp.

Approve the amendment to a 2019 Settlement Agreement between the City of Fontana and Prime Point Property Corp regarding the use of properties located at 15252, 15244, 15170, 15132 Valley Boulevard, and 9987 Fontana Avenue (APNs: 0235-072-09, -10, -11, -12, and 0235-063-15).

J. Approve Release of K-9 Unit Dog “Goose” and Accompanying 26-0873 K-9 Equipment to His Handler, Mark Wyrick
Approve and Authorize City Manager to enter into a contract PD-26-107-MS between the City of Fontana and Mark Wyrick to release K-9 dog “Goose” and accompanying K-9 dog equipment, including a kennel, transportation kennel, custom fit muzzle, Dogloo, and two leashes to the handler.

K. Approve Donations of Dog “Chico” and Present and Future 26-0874 Accompanying K-9 Dog Equipment from Fontana Police K-9
Pals, a California Nonprofit Corporation
Approve the donation of the dog “Chico” from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Chico” to become part of the Fontana Police Department’s K-9 Unit. Approve present and future accompanying K-9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit operations.

L. Consideration of Joint Powers Agreement (JPA) Participation in 26-0875 the San Bernardino Regional Housing Trust (SBRHT)

1. Approve Resolution No 2026-017, a resolution of the City Council of Fontana authorizing participation in the Joint Powers Authority (JPA) for the establishment of the San Bernardino Regional Housing Trust.

2. Allow City Manager, or City Manager’s designee, to enter into the agreement and any necessary amendments and related documents to implement the project.

M. Approval of Environmental Permit Agreements and 26-0883 Environmental Mitigation Purchase for the Building A Better Connected Inland Empire (RAISE) Project

1. Authorize the City Manager, or City Manager’s designee, to enter into permit agreements for the Building A Better Connected Inland Empire (RAISE) Project.

2. Authorize the City Manager, or City Manager’s designee, to purchase environmental mitigation credit from the appropriate mitigation banks for the Building A Better Connected Inland Empire (RAISE) Project.

3. Authorize the City Manager, or City Manager’s designee, to enter any future amendments to the agreements for the Building A Better Connected Inland Empire (RAISE) Project.

4. Authorize the City Manager, or City Manager’s designee, to enter into any and all utility agreements and any related items on behalf of the City of 24

Page 6 of 8 ends

Fontana for the Building A Better Connected Inland Empire (RAISE) Project.

N. Prohousing Incentive Program Resolution Authorizing 26-0884 Submittal of Application and Other Grant Related Documents

1. Adopt Resolution No. 2026-018, a resolution of the City Council of the City of Fontana authorizing application for, and receipt of, up to the eligible award amount of $1,250,000 of Prohousing Incentive Program Funds.

2. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any documents necessary or appropriate to ensure the City’s timely submission of the Prohousing Incentive Program application.

O. Increase for Fontana Experience Network (FXN Studio) for 26-0886 Design, Build and Installation.

Approve and authorize City Manager to increase the purchase order with Devlin Design Group for Studio Design and installation in the amount of $54,285.00 for a total amount of $454,188.84 and increase the 10% contingency in the amount of $5,428.50 for a total amount of $45,418.88.

PUBLIC HEARINGS:

A. Quarterly Lien Action for Delinquent Sewer and Solid Waste 26 -0885 Accounts

1. Authorize staff to complete and record lien against real property for those sewer accounts sixty days or more delinquent and solid waste accounts more than ninety days delinquent as described in attached resolutions and written reports and to direct staff to file for the recording of liens for such properties.

2. Adopt Resolution No. 2026-019, of the City Council of the City of Fontana authorizing the collection of certain annual wastewater and solid waste service charges, including delinquent charges for each service, on the County property tax rolls and determining and record liens against current delinquent parcels.

Chief Financial Officer Jessica Brown provided the staff report.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written public communications were received.

Chief Financial Officer Jessica Brown provided the staff report.

With no one interested to speak in favor or opposition of this item Mayor Warren closed the Public Hearing.
25

Page 7 of 8 ends

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by vote of 4-0 to approve Public Hearing Item “ A.” The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Cothran

CITY MANAGER COMMUNICATIONS:

City Manager Matt Ballantyne highlighted consent calendar items, including the award of a contract for the new City Hall project with upcoming construction activity, additional street paving work, and the retirement of a police K -9, along with recognition of community support for the K-9 program.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

City Clerk Key offered congratulations on Fire Captain Grigoli’s retirement and expressed appreciation for a local business for providing assistance.

City Treasurer Koehler-Brooks also congratulated Captain Grigoli on his retirement.

Mayor Pro Tem Garcia highlighted recent and upcoming events at Stage Red, including a successful record night and live performances, and noted efforts to expand programming, encouraging the public to visit the venue and stay informed on future events.

Council Member Sandoval requested a report regarding concerns about the commissioner mentioned during public communications, expressed interest in improving communication and outreach on homelessness resources, including potential language access and hotline options, and shared personal remarks recognizing his daughter’s achievements.

Council Member Roberts congratulated Captain Grigoli on his retirement, recognized efforts to restore a historic local church, and extended Easter greetings to the community.

Mayor Warren highlighted the City’s extensive housing efforts, resources, and outreach, noting ongoing challenges due to high demand and statewide constraints, while emphasizing continued advocacy for funding and partnerships. Mayor Warren also shared updates on community events, new amenities, school engagement, and public safety reminders, and encouraged residents to utilize City programs and stay informed.

ADJOURNMENT:

Mayor Warren and the City Council led a moment of silence in memory of the following individual:

1. Pastor Emeritus James Reese
26

Page 8 of 8 ends

Mayor Warren adjourned the meeting at 2:59 p.m. to the Regular City Council Meeting on Tuesday, April 14, 2026, at 2:00 p.m. in the Steelworkers’ Auditorium located at 8437 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON APRIL 14, 2026.

_______________________
Germaine Key
City Clerk

Page 1 of 3 ends

City of Fontana

8437 Sierra Avenue
Fontana, CA 92335

Minutes

Thursday, March 31, 2026

8:30 AM

Heritage Neighborhood Center
7350 Liberty Parkway
Fontana, CA 92336

Special City Council Meeting

Page 2 of 3 ends

CALL TO ORDER/ROLL CALL:

A. 8:30 A.M. Call To Order/Roll Call:

The Special Meeting of the Fontana City Council was held in the Heritage Neighborhood Center, 7350 Liberty Parkway , Fontana, CA 9233 6, on Tuesday, March 31, 202 6. Mayor Warren called the meeting to order at 9:04 a.m.

ROLL CALL:

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

ABSENT: Council Member Sandoval

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

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

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

PUBLIC COMMUNICATIONS:

A. Public Communications:

No public communications were received.

WORKSHOP:

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

The City’s Vision, Mission, Goals, and Objectives were reviewed and discussed, including a focused discussion on the City’s top 11 strategic priorities: City Hall Construction; Navigation Center Construction; CAD/RMS Replacement Project for the Police Department; Second Parking Structure Construction; WCAG 2.1 DOJ -mandated ADA electronic compliance; Afterschool Programming 2027 Contract Renewal; RAISE Grant; CFD Financing Plan; Public Works Yard Improvements; Fire Fuels Mitigation Grants and Mailings; and Fontana Commons.

Staff also provided updates on completed and ongoing infrastructure projects for the 2024–2026 period, as well as a progress update on the Downtown Forge District.

Page 3 of 3 ends

Additional discussion among staff and Council included direction from the Mayor to incorporate the Children’s Museum into the City’s Gantt chart of goals; continued coordination on the COPS grant application to support the CAD/RMS replacement project; a request for updates from staff serving on League policy committees; and ongoing outreach to local Assembly and Congressional representatives to advocate for the City’s needs related to homelessness, public safety, and other key issues. Lastly, staff was directed to update the City’s legislative platform.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 11:27 a.m. to the Regular City Council Meeting on Tuesday, April 14, 2026, at 2:00 p.m. in the Steelworkers’ Auditorium located at 8 437 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell
Chief Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON APRIL 14, 2026.

_______________________
Germaine Key
City Clerk

30 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0825 Agenda Date: 4/14/2026
Agenda #: B. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adoption of a Resolution Declaring, Pursuant to the Previously Adopted Mitigation Negative Declaration for the Fire Station No. 80 Project, a Portion of Certain Real Property Located at 6585 Cherry Avenue a Public Right-of-Way for Street and Utility Purposes and Accepting the Road into the City’s Street System
RECOMMENDATION:

Adopt Resolution No. 2026-020, declaring a portion of certain real property located at 6585 Cherry Avenue a public right-of-way for street and utility purposes and accepting the road into the City’s street system.

DISCUSSION:

The City acquired title to a parcel of the certain real property located on 6585 Cherry Avenue within the City of Fontana, County of San Bernardino, commonly known as Assessor Parcel Number 0228- 021-46 (“Property”).

The Property will serve as the site for the new Fire Station No. 80, which is essential to providing emergency services and public safety for the growing community. It is located within the Westgate Specific Plan area, which establishes land use and infrastructure improvements necessary to support planned development and enhance traffic circulation. It includes the widening of the roadway and infrastructure improvements along Cherry Avenue to accommodate increased traffic capacity, along with associated public infrastructure such as storm drains, sewer, streetlights, sidewalks, medians, and bike lanes.

The construction of the Fire Station and associated roadway improvements requires the dedication of a portion of the Property as public right-of-way to accommodate the new public roadway and provide public utility access. Pursuant to Section 1806 of the Streets and Highways Code, this right-of-way must be accepted into the City’s street system, and the City has determined that such acceptance is necessary and in public interest.

CEQA:

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31 File #: 26-0825 Agenda Date: 4/14/2026
Agenda #: B. Category: Consent Calendar
Consistent with CEQA and the State CEQA Guidelines, an MND was prepared for the Fire Station No. 80 Project. The Planning Commission adopted the MND and approved the MMRP for the Project and based on the CEQA Sections 15162 through 15164, staff has determined that, with regard to the declaration of public right-of-way and acceptance into City street system, none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. The Planning Commission directed staff to file a Notice of Determination with the San Bernardino County Clerk and the Office of Planning and Research within five (5) working days of approval of the Project.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

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32 1 of 3

RESOLUTION NO. 2026-020

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DECLARING, PURSUANT TO THE PREVIOUSLY

ADOPTED MITIGATION NEGATIVE DECLARATION FOR THE FIRE
STATION NO. 80 PROJECT, A PORTION OF CERTAIN REAL
PROPERTY LOCATED AT 6585 CHERRY AVENUE A PUBLIC RIGHT-

OF-WAY FOR STREET AND UTILITY PURPOSES AND ACCEPTING
THE ROAD INTO THE CITY’S STREET SYSTEM.

WHEREAS, the City of Fontana (“City”) is a municipal corporation duly organized and existing under the laws of the State of California; and

WHEREAS, the City acquired title to a parcel of certain re al property located at 6585 Cherry Avenue within the City of Fontana, County of San Bernardino, commonly known as Assessor Parcel Number 0228-021-46 (the “Property”); and

WHEREAS, on October 11, 2022, the City of Fontana’s Engineering Department (“Applicant”) submitted an application for a Major Administrative Site Plan No. 22 -050 (“ASP No. 22 -050”), for the site and architectural review of a 14,663 square foot fire station, a 4,193 square foot training center and a 7,000 square foot training towe r (six- stories)(collectively, the Fire Station No. 80 Project”) on the Project Site; and

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Ti tle 14, §15000 et seq.) (“CEQA”), a Mitigated Negative Declaration analyzing all potential impacts of the Project was prepared for the City’s consideration as lead agency under State CEQA Guidelines section 15063; and

WHEREAS, the Mitigated Negative Declaration (“MND”) indicated that all potential environmental impacts from the Project would be less than significant with the incorporation of the identified mitigation measures in the Mitigation Monitoring and Reporting Program (“MMRP”); and

WHEREAS, February 6, 2024, to Public Resources Code section 21080, subdivision (c)(2), the Planning Commission approve d and adopted the Final IS/MND and MMRP; and

WHEREAS, the Property will serve as the site for the new Fire Station No.80, which is essential to providi ng emergency services and public safety for the growing community; and

WHEREAS, the Property is located within the Westgate Specific Plan area, which establishes land use and infrastructure improvements necessary to support planned development and enhance traffic circulation; and
33 Resolution No. 2026-020
2 of 3

WHEREAS, the Westgate Specific Plan includes the widening of the roadway and infrastructure improvements along Cherry Avenue to accommodate increased traffic capacity, along with associated public infrastructure such as storm dra ins, sewer, streetlights, sidewalks, medians, and bike lanes; and

WHEREAS, the City now deems it necessary and in the public interest to formally declare a portion of the Property a public right-of-way for street and utility purposes, more particularly described in Exhibit A and depicted in Exhibit B, both of which are attached hereto and incorporated herein by this reference (“Right-of-Way”); and

WHEREAS, pursuant to Section 1806 of the California Streets and Highways Code, the City Council deems it necessary and in the public interest to formally accept said portion of the Property into the City’s street system.

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

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

Section 2. CEQA. Consistent with CEQA and the State CEQA Guidelines an MND was prepared Fire Station No. 80 Project. The Planning Commission adopted the MND and approved the MMRP for the Project and, based on the CEQA Sections 15162 through 15164, staff has determined that, with regard to the declaration of public right-of- way and acceptance into City street system, none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. The Planning Commission directed staff to file a Notice of Determination with the San Bernardino County Clerk and the Office of Planning and Research within five (5) working days of approval of the Project.

Section 3. Declaration of public right -of-way and acceptance into City street system. The Right-of-Way as described in Exhibit A and depicted on Exhibit B is hereby declared, designated and established as a public right -of-way of the City of Fontana for street and utility purposes. Additionally, said public right -of-way is hereby formally accepted into the street system of the City.

Section 4. Publication. The City Clerk shall cause this Resolution, including Exhibits A and B, to be recorded in the Official Records of the San Bernardino County Recorder.

Section 5. Effective Date. This Resolution shall become effective immediately.

Section 6. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end , the provisions of this Resolution are 34 Resolution No. 2026-020
3 of 3

severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 7. Certification. The City Clerk shall certify to t he adoption of this Resolution.

Section 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

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, California, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting of said City Council 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

35 EXHIBIT “A”
Legal Description

THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 35 , TOWNSHIP 1 NORTH, RANGE 6

WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTA NA, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, ALSO BEING A PORTION OF THE GR ANT DEED TO INTEX PROPERTIES INLAND EMPIRE, L.P., RECORDED FEBRUARY 18, 1997 AS DOCUMENT NO. 1997-0054117 OF

OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF CHERRY AVENUE (6 0.00 FEET EASTERLY HALF WIDTH) WITH SOUTH HIGHLAND AVENUE, (33.00 FOOT NORTHERLY HALF WIDTH) AS SHOWN ON MAP FILED IN BOOK 163, PAGES 42 THROUGH 93 , INCLUSIVE, OF RECORDS OF SURVEY, RECORDS OF SAN BERNARDINO COUNTY;

THENCE ALONG SAID CENTERLINE OF CHERRY AVENUE NORTH 00°01’56” EAST, 427.37 FEET;

THENCE PERPENDICULAR TO SAID CENTERLINE SOUTH 89°58’04” EAST, 60.00 FEET TO A POINT ON

THE EASTERLY RIGHT OF WAY LINE OF CHERRY AVENUE AND THE NORTHERLY LINE OF SAID DOCUMENT NO. 1997-0054117, SAID POINT BEING THE TRUE POINT OF BEGINNING ;

THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE AND SAID NORTHERLY LINE OF DOCUMENT NO. 1997-0054117 SOUTH 11°11’54” EAST, 12.81 FEET;

THENCE SOUTH 00°49’54 EAST, 99.77 FEET TO A LINE PA RALLEL WITH AND 64.00 FEET EASTERLY OF THE CENTERLINE OF SAID CHERRY AVENUE;

THENCE ALONG SAID PARALLEL LINE SOUTH 00°01’56” WEST, 211.46 FEET;

THENCE SOUTH 14°00’14” EAST, 29.47 FEET;

THENCE SOUTH 43°48’20” EAST, 31.92 FEET TO THE INTERSECTION OF THE NORTHWESTERLY LINE

OF THE LAND CONVEYED IN A DEED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED JULY 31, 1991 AS DOCUMENT NO. 91-290525 OF SAID OFFICIAL RECORDS AND A LINE PARALLEL WITH AND 52.00 FEET NORTHERLY O F SAID CENTERLINE OF SOUTH HIGHLAND AVENUE;

THENCE ALONG SAID NORTHWESTERLY LINE OF THE LAND CO NVEYED TO THE METROPOLITAN WATER DISTRICT SOUTH 44°23’30” WEST, 15.92 FEET TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN SAID DOCUMENT NO. 1997-0054117 HAVING A BEARING AND DISTANCE OF NORTH 43’47’30” WEST, 31.95 FEET;

THENCE ALONG SAID COURSE NORTH 43°47’30” WEST, 31.95 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF CHERRY AVENUE;

THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF CHERRY AVENUE NORTH 00°01’56”EAST, 363.73 FEET TO THE TRUE POINT OF BEGINNING ;

Sheet __ of __
City Index No. _6311__
36 SUBJECT TO ALL OTHER EASEMENTS AND OFFERS OF DEDICATION OF RECORD;

CONTAINING 1,973 SQUARE FEET (0.045 ACRES), MORE OR LESS;

THE BEARINGS AND DISTANCES SHOWN ON THE ABOVE DESCR IPTION AND ON EXHIBIT "B" ARE

GRID, TO OBTAIN GROUND DISTANCES, DIVIDE GRID DISTANCES BY THE COMBINATION FACTOR OF 0.99990826.

AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

_________________________________________12-29-25__
JOSEPH W. WIDEMAN, PLS 8973 DATE

Sheet __ of __
City Index No. _6311_
37 52'CLAPN: 0228-021-46APN: 0228-021-26APN: 0228-021-44 CHERRY AVENUEMWDDOC. NO. 91-290525 ORREC. 07/31/1991100' STATE HWY 30(INTERSTATE 210)60'60'120'66'33'33'N00°01'56"E60'60'120'SOUTH HIGHLAND AVENUE 66'33'33'
N89°56'55"W
100'4'4'
RS 163/42-93
NORTHERLY LINEDOC. NO. 1997-0054117L2L3L4L5L6L7
L1N0°01'56"E 427.37'P.O.C.

T.P.O.B.CL64'64'S0°01'56"W 211.46'N0°01'56"E 363.73'LINE #BEARINGDISTANCELINE TABLEL2L3L4L112.81'S11°11'54"E99.77'S00°49'54"E29.47'S14°00'14"E31.92'S43°48'20"EL515.92'S44°23'30"WL631.95'N43°47'30"WL760.00'S89°58'04"E EXHIBIT "B"
Drawing Name: P:\I\ITXP00003004\0400CAD\EXHIBITS\EXHIBITS\SV-ITXP0000-3004_Ded & Sd Exhibit B.dwgLast Opened: Dec 29, 2025 - 4:19pm by: Sxz SUDLANEDRNIACALIFOLICENTEOFSTANo. 8973SRVEYORJOSEPH W. WIDEMAN = DEDICATION EASEMENT AREA(1,973 S.F. OR 0.045 AC.)LEGEND:P.O.C.= POINT OF COMMENCEMENTT.P.O.B. = TRUE POINT OF BEGINNINGCLHIGHLAND AVENUEN89°55'12"WNW COR.SEC 35 020010010050SCALE: 1" = 100'APN: 0228-021-47NW 1/4 SEC. 35T. 1 N., R. 6 W., SBBM SHEET __ OF __CITY INDEX NO. 6311

DEED PLAT
38 N01 inch = 800 feet1600800

VICINITY MAP
APN:022802146
SITE
39 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0838 Agenda Date: 4/14/2026
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Purchase and Sale Agreement of the Property from San Bernardino County Transportation Authority (SBCTA), APN 0191-161-25
RECOMMENDATION:

2. Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

DISCUSSION:

The proposed Agreement for Purchase and Sale and Joint Escrow Instructions is between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Fontana for the acquisition of APN 0191-161-25 (the “Property”). The Property consists of a narrow, unused strip of land located along the south side of the Pacific Electric Trail, between Juniper Avenue and the Pagliuso Chapel garden area.

Under the Agreement, the City will purchase the Property in fee simple for $130,000, subject to customary escrow, title, and closing conditions.

The acquisition of this property will allow the City to consolidate ownership of land adjacent to the Pacific Electric Trail, eliminate an unused parcel and facilitate more orderly development and maintenance of the land by the affordable housing maintenance group.

The purchase price reflects the fair market value appraised by a certified appraiser and concurred by SBCTA. Closing costs are allocated consistent with customary public agency transactions.

Approval of the Agreement will authorize the City Manager to enter into the necessary documents and proceed with escrow to complete the acquisition. The proposed transaction represents a strategic opportunity for the City to secure land needed to implement the City’s housing goals and further the community’s long-term housing strategy.

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40 File #: 26-0838 Agenda Date: 4/14/2026
Agenda #: C. Category: Consent Calendar
FISCAL IMPACT:

The fiscal impact associated with the approval of this item is estimated to be $140,000, including escrow costs, acquisition fees, and legal fees. The necessary budget is included in the 2025-2026 budget in the Capital Improvements Fund #602 in 60230000-8310.

MOTION:

Approve staff recommendation.

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41 16498.00150\44587579.2

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Error! Unknown document property name.

AGREEMENT FOR PURCHASE AND SALE AND

JOINT ESCROW INSTRUCTIONS
This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is dated as of _________________, 2026, and is entered into by and between SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (or “SBCTA”), a public agency existing under the laws of the State of California (“Seller”), and CITY OF FONTANA, a California municipal corporation (“ Buyer”). Buyer and Sel ler are sometimes individually referred to herein as “Party” and collectively as the “Parties.”

RECITALS
A. Pursuant to Resolution No. 26-002, adopted by SBCTA on September 3, 2025, the Property identified and described in Section 1 below is excess to SBCT A’s needs and has been declared to be Exempt Surplus Land.

B. Disposition of such Property at fair market value has been authorized, subject to the terms and conditions set forth in this Agreement.

In consideration of the mutual covenants contained herein, and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Sale of Property. Seller shall sell to Buyer, and Buyer shall purchase from Seller, at the price and upon the terms and conditions he reinafter set forth, a fee interest in the Property described in Exhibit A of the Grant Deed attached hereto as Exhibit 1 and any improvements on such land free of all rights of way and easements in favor of SBCTA (hereinafter collectively referred to as the “SBCTA Parcel” or the “Property”).

2. Purchase Price. The purchase price for the SBCTA Parcel shall be One Hundred Thirty Thousand Dollars ($130,000) (“Purchase Price”). Within three (3) business days after the opening of Escrow, Buyer shall deposit with Escrow Holder One Hundred Dollars ($100.00) as independent consideration (the “Independent Consideration”), which shall be nonrefundable to Buyer and shall be released to Seller upon any termination of this Agreement; provided, however, the Independent Co nsideration shall be credited against the Purchase Price at Closing if the transaction closes. Buyer shall deposit the balance of the Purchase Price (minus the Independent Consideration), by cashier’s or certified check or by wire transfer, into the Escrow (defined in Section 3.1 below) for the purchase at least one (1) business day prior to the estimated closing date. (The deadline for the closing, or “Closing Deadline”, is described in Section 3.2 below.)

3. Escrow. No later than five (5) business days aft er the full execution of this Agreement, Buyer and Seller shall deliver a copy of this executed Agreement to, and open an escrow (“Escrow”) with, First American Title, 9255 Towne Centre Drive, Suite 200, San Diego, CA 92121, and Attn: Sheri Keene (“Escrow Holder”). Escrow Holder shall notify Buyer and Seller, in writing, of the escrow number for the Escrow. 42 16498.00150\44587579.2

-2-
Error! Unknown document property name.

The deposit with Escrow Holder of a copy of a fully executed original (or copies of executed counterpart originals) of this Agreement shall constitute authorization and instruction to Escrow Holder to act in accordance with the terms of this Agreement. The parties may submit additional escrow/closing instructions consistent with this Agreement to Escrow to facilitate the closing, and the parties acknowl edge that Escrow Holder may also require that its own standard form escrow instructions, consistent with this Agreement, be executed by the parties.

3.1 Closing Date. Subject to the satisfaction of the conditions to closing, the Escrow shall close on or befor e the date that is ninety (90) days after the date of this Agreement (“Closing Deadline”).

3.2 Deposits by Buyer. Buyer shall deposit with Escrow Holder the following items no later than one (1) business day prior to the estimated closing date:

3.2.1 The Purchase Price, plus any additional funds as are required to pay costs and fees allocated to Buyer on the estimated settlement statement that is to be prepared by Escrow Holder and delivered to Buyer and Seller for their approval, prior to the Close of Escrow.

3.2.2 A Certificate of Acceptance for the Grant Deed, duly executed and acknowledged, for recording with the Grant Deed.

3.2.3 All other funds and documents as may be reasonably required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement.

3.3 Deposit of Documents by Seller . Seller shall deposit with Escrow Holder the following items no later than one (1) business day prior to the estimated closing date:

3.3.1 The Grant Deed, duly executed by Seller and acknowledged.

3.3.2 If required by the ti tle company, a completed California Franchise Tax Board Form 593 -W showing no California state tax withholding is required, and a Federal “Foreign Investment in Real Property Tax Act” affidavit certifying that the Seller is not a “foreign person” as defined in the Internal Revenue Code, such that no federal tax withholding is required.

3.3.3 If required by the title company, a duly executed resolution authorizing the execution of this Agreement and the sale of the Property.

3.3.4 All other documents as may reasonably b e required by Escrow Holder and Buyer to close the Escrow in accordance with this Agreement.

3.4 All real property taxes and assessments or bonds against the Property which are liens and unpaid as of the Closing Date shall be paid by Seller, except that any a ssessments payable in installments shall be prorated. Buyer is exempt from property taxes, so will not take title to the Property subject to any property taxes, or title exception for property taxes. 43 16498.00150\44587579.2

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Error! Unknown document property name.

4. Escrow Holder’s Obligations.

4.1 The performance of the act s set forth in this Section shall constitute the “Closing” or the “Close of Escrow” as such term is used in this Agreement. The Escrow Holder shall conduct the Closing on the Closing Date by recording and distributing the following described documents and funds in the following manner:

4.1.1 Obtain from Seller documentation to place title in the condition necessary to enable conveyance pursuant to this Agreement;

4.1.2 Record any instrument delivered through the Escrow, including any required quitclaim and grant deeds if such action is necessary to place record title in condition to comply with the terms of the Agreement.

4.1.3 Record the Grant Deed, with the Certificate of Acceptance.

4.1.4 Deliver to Seller in immediately available funds the sum of the Purchase Price and such ot her funds, if any, due Seller by reason of pro -rations, less Seller’s closing costs and pro-rations, if any.

4.1.5 Pay and charge Seller for any amounts necessary to place the title in the condition necessary to enable conveyance pursuant to this Agreement.

4.1.6 Each party shall pay 50% of any escrow charges and costs incurred in this transaction.

4.1.7 Pay and charge Seller for the CLTA Owner’s Policy of Title Insurance in favor of Buyer (the liability amount of which shall equal the Purchase Price); pay and charge to Buyer the cost of extended coverage if elected by Buyer in its sole discretion (and based on a survey obtained by Buyer at its cost) and any endorsements to the Title Policy requested by the Buyer (except for endorsements which Buyer agree to in its sole disc retion to insure over a title matter objected to by Buyer, the cost of which shall be paid by Buyer).

4.1.8 Seller shall pay all city and county transfer taxes (but there should be none as this is an exempt conveyance to a California public entity) and any other costs of Closing customarily paid by sellers of real property.

4.1.9 As soon as possible before the estimated closing date, prepare a preliminary settlement statement for the Escrow showing all costs and fees associated with this transaction, and the allocation thereof, as well as the Purchase Price and any pro -rations. If this Agreement is terminated as a result of default by either Buyer or the Seller, then the defaulting party shall pay all cancellation fees imposed by the Escrow Holder. If this Agreement is terminated as a result of a failure condition as described in Section 5, through no fault of either party, then each party shall pay 50% of any cancellation fees imposed by the Escrow Holder. General real estate taxes, water or sewer rates and charges (if not metered), personal property taxes, or any other governmental tax or charge levied or assessed against the Property (collectively, the “ Taxes”), relating to the Property and payable during the year in which Closing occurs shall not be prorated 44 16498.00150\44587579.2

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Error! Unknown document property name.

between Seller and Buyer in Escrow and any such charges shall be payable by Seller on Closing through Escrow as to the date of Closing.

4.1.10 Any amendments of, or supplements to, any Escrow instructions must be in writing and executed by the party providing the same to Escrow Holder (it being understood that Buyer and Seller may deliver supplemental unilateral escrow instructions consistent with this Agreement).

Each party shall bear its own attorneys’ fees and costs incurred in connection with the negotiation, prepa ration, execution, and performance of this Agreement and the transactions contemplated hereby through the Close of Escrow.

5. Conditions to Closing . The following conditions are conditions precedent to the Parties’ obligation to consummate the Closing on the Property:

5.1 Buyer’s Conditions to Closing. The Buyer’s obligations to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions which are for Buyer’s sole benefit on or prior to the dates/times d esignated below for the satisfaction of such conditions, or the date for Closing in the absence of a specified date/time:

5.1.1 Approval of Title Documents . Buyer has received a preliminary report dated January 23, 2026, issued by First American Land Title Insu rance Company under NCS-1293415-ONT1. Buyer shall have sixty (60) days after the date of this Agreement to review title, and obtain and review an ALTA survey, and notify Seller and Escrow Holder in writing of Buyer’s disapproval (“ Buyer’s Disapproval Noti ce”) of any exceptions referenced in such preliminary report or survey (“ Title Documents ”). Failure of Buyer to disapprove any such exceptions within the aforementioned time limit shall be deemed to be a approval of such exceptions set forth in the Title Documents; however, all monetary liens, including deeds of trust, judgement liens, liens for property taxes, and liens for delinquent assessments shall be deemed disapproved and shall be removed by the Close of Escrow. Seller shall not further encumber th e Property. Seller shall notify Buyer no later than five ( 5) business days after receipt of Buyer's Disapproval Notice whether it elects to remove such other items disapproved by Buyer. In the event Buyer disapproves any exceptions set forth in the Titl e Documents, Seller shall have until the Closing Date to eliminate any disapproved exceptions, and if such exceptions are not eliminated, then Buyer may terminate this Agreement. If Buyer terminates this Agreement pursuant to this Section 5.1.1, then the escrow shall be cancelled, any sums deposited by Buyer shall be returned to Buyer, and each party shall pay half of any escrow/title cancellation fees.

5.1.2 Issuance of Title Insurance. Seller shall convey title to the Property to Buyer by a Grant Deed in the form of Exhibit 1 attached hereto. At the Close of Escrow, First American Title Insurance Company (the “ Title Company ”), shall issue through Escrow an Owner’s Policy of Title Insurance (“ Title Policy”) with CLTA coverage (or if Buyer obtains an ALTA surve y at its cost and delivers it to the Title Company, then extended coverage title insurance) with liability in the full amount of the Purchase Price, insuring fee simple title to the Property vested in Buyer subject only to the following exceptions (the “Permitted Exceptions”):
(a) the standard printed exceptions set forth in the Title Policy; (b) prorated assessments, if any; (c) any exceptions which have been approved in writing by Buyer. 45 16498.00150\44587579.2

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Error! Unknown document property name.

5.1.3 At or prior to the Closing, Seller shall have performed all of Seller’s obligations herein that are to be performed prior to or at Closing.

5.1.4 Seller’s representations and warranties shall be true and correct as of the date of this Agreement and also as of the date of the Closing.

5.1.5 Due Diligence . The physical condition of the Property shall be substantially the same at the Closing as on the date of execution of this Agreement, ordinary wear and tear excepted, and Buyer shall have approved of the physical condition of the Property within sixty (60) days after the date of this Agreement, and Seller gives Buyer the right for Buyer and its consultants to enter the Property to so inspect. Buyer acknowledges the Property has been used by Buyer pursuant to that certain License Agreement dated December 7, 2001 (as amended, the “License”). Buyer shall indemnify, defend and hold Seller harmless from claims, liabilities, losses, damages, costs and expenses arising from such entries and inspections (excluding those conditions existing on, at, under or about the Property that were not caused or exacerbated by Buyer’s use or occupancy under the License , and/or are discovered on inspection). If any such matters are not acceptable to Buyer, Buyer may terminate this Agreement by written notice to Seller within the 60 day period.

5.2 Seller Conditions to Closing . The Seller’s obligations to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions which are for Seller’s sole benefit on or prior to the dates d esignated below for the satisfaction of such conditions, or the date for Closing in the absence of a specified date:

5.2.1 At or prior to the Closing, Buyer shall have performed all of Buyer’s obligations herein that are to be performed prior to the Closing.

5.3 Failure of Condition. If any condition stated in this Agreement has not been eliminated or satisfied within the time limits and pursuant to the provisions of this Agreement through no fault of either Party (in the case of a default, the provisions of Section 9 shall govern), then the Parties, as their sole and exclusive remedy, shall have the right to either waive the condition in question, and proceed with the Closing, or in the alternative, terminate this Agreement. In the event of such termination as the result of the failure of a condition to Closing, all documents and funds shall be returned to the party providing them, and neither party shall have any further rights or obligations under this Agreement, except that Escrow and title cancellation fees shall be paid in accordance with this Agreement.

6. Condition of Property.

6.1 Subject to Buyer’s inspection rights under Section 5.1.5 above, Buyer has investigated the Property’s zoning and other building matters affecting the Property, and its condition, including but not limited to its suitability for Buyer’s intended use, and has determined that it is suitable for Buyer intended use. Seller shall promptly deliver to Buyer any environmental reports or studies in Buyer’s possession that relate to the presence (or a bsence) of hazardous materials in, on, under or near the Property.
46 16498.00150\44587579.2

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Error! Unknown document property name.

6.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its existing “AS -IS” condition, without representation or warranty (express or implied) and subject to all matters of record (but not deeds of trust, judgment liens or other liens, and not any title exceptions disapproved by Buyer or created by Seller after the date hereof) and all defects and conditions, whether patent or latent, based solely on Buyer’s own inspection, analysis and evaluation and not in reliance on any information provided by or on behalf of Seller.

7. Representations and Warranties.

7.1 Seller. Seller represents and warrants to Buyer that as of the date hereof the following are true and correct (provided that representations and warranties of Seller are limited to the actual knowledge of the Executive Director of Seller and Ryan Aschenbrenner, Right of Way Manager for Seller):

7.1.1 Seller has not received nor is it aware of any notification from the Department of Building and Safety, Health Department, or other such City, County or State authority having jurisdiction, requiring any work to be done on or affecting the Property.

7.1.2 Seller has not received notice of any litigation, arbitrations, claims, violations from any agency, proceedings, or other actions, pending or threatened that arise out of the ownership or operation of the Property.

7.1.3 Seller has the power, right, and authority to enter this Agreement and the instruments ref erenced herein, and to take all actions necessary to consummate the transaction contemplated by this Agreement.

7.1.4 The execution and delivery of this Agreement and the documents referenced herein, the incurrence of the obligation, the consummation of the tran saction and the compliance with this Agreement and the documents referenced herein do not conflict with or result in the material breach of any term or condition of or constitute a default under any bond, note, or other evidence of indebtedness or any agre ement, indenture, mortgage, deed of trust, loan, corporate documents or agreements, lease or other agreement or instrument to which Seller is a part or affecting the Property.

7.1.5 The person(s) executing this Agreement and the instruments referenced herein hav e the power, right, and actual authority to bind Seller to the terms and conditions of this Agreement.

7.1.6 No attachments, executions proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other similar proceedings are pending or threatened against Seller or involving the Property.

7.1.7 Seller has not entered any other agreement for the sale or transfer of the Property, and there are no rights of first refusal or option to purchase the Property, beyond those held by the Buyer.
47 16498.00150\44587579.2

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Error! Unknown document property name.

7.1.8 Other than as set forth in the Title Documents, there are no other leases, subleases, occupancies, or tenancies pertaining to the Property, and Seller has no knowledge of any oral agreements with anyone with respect to the occupancy of the Property.

7.1.9 There are no existing service or maintenance agreements (oral or written) that will affect the Property subsequent to Closing.

7.1.10 Seller has no current actual knowledge of any hazardous materials affecting the Property, and Seller has not received any written no tice of any claim, investigation, or enforcement action alleging such a violation.

7.1.11 The Property, and the operation thereof, are in compliance with all applicable laws, ordinances, rules, regulations, judgments, orders, covenants, conditions, restrictions, whether federal, state, local, foreign or private, and Seller has not received any notice of any violation of the same.

7.1.12 There are no unrecorded or undisclosed documents or other matters which affect title to the Property.

7.1.13 Seller has the requisite power and authority to own and operate the Property and conduct its business where the s ame is now owned or operated. The execution, delivery and performance of this Agreement by Seller have been duly and validly authorized by all necessary action and proceedings, and no further action or authorization is necessary on the part of Seller (or its board of directors or shareholders) in order to consummate the transactions contemplated herein.

7.2 Buyer. Buyer represents and warrants to Seller that as of the date hereof the following are true and correct:

7.2.1 The execution, delivery and performance of this Agreement by Buyer have been duly and validly authorized by all necessary action and proceedings, and no further action or authorization is necessary on the part of Buyer in order to consummate the transactions contemplated herein.

7.2.2 Neither the execution nor delivery of this Agreement by Buyer, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplated hereby, shall conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Buyer was organized, or any agreement to which Buyer is a party or is bound, or any order or regulation of any court, regulatory body, administrative agency or governmental body having jurisdiction over Buyer.

7.2.3 Buyer has the power, right, and authority to enter this Agreement and the instruments referenced herein, and to take all actions necessary to consummate the transaction contemplated by this Agreement.

7.2.4 The person(s) executing this Agreement and the ins truments referenced herein have the power, right, and actual authority to bind Buyer to the terms and conditions of this Agreement.
48 16498.00150\44587579.2

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Error! Unknown document property name.

7.2.5 No attachments, executions proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other similar proceedings are pending or threatened against Buyer or involving the Property.

7.2.6 Buyer has the requisite power and authority to own and operate the Property and conduct its business where the same is now owned or operated. The execution, delivery and performance of this Agreement by Buyer have been duly and validly authorized by all necessary action and proceedings subject only to approval of this Ag reement by Buyer’s City Council. Buyer represents that, upon City Council approval, no further action or authorization is necessary on the part of Buyer (or its city council ) in order to consumm ate the transactions contemplated herein.

7.3 Survival of Warranties. Buyer and Seller agree that each representation and warranty, covenanted by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall b e deemed made as of the date of this Agreement or such writing and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Grant Deed and the Closing.

7.4 Notice of Changed Circumstances . If either party becomes aware of any fact or circumstances which would render false or misleading a representation or warranty made by such party, then it shall immediately give notice of such fact or circumstance to the other party, but such notice shall not relieve any party of any liabilities or obligations with respect to any representation or warranty.

8. Release by Buyer.

8.1 For valuable consideration, and except for any failure by Seller to disclose to Buyer any materia l fact known to Seller about the Property and not known to Buyer, Buyer hereby forever releases and fully discharges the Seller, and each of their predecessors and successors, and all of their officers, employees, agents, contractors, assignees, and representatives, from, any and all claims, demands, damages, causes of action, costs, and expenses (including without limitation, experts’ and attorneys’ fees), that the Buyer now, or in the future may have, of whatsoever kind of nature, whether known or unknown , suspected or unsuspected, present or potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the condition of the Property sold hereunder or the construction of the Project by Seller (collectively, “Claim”), including without limitation, any Claim suffered by reason of the theories of impairment of access, inverse condemnation, eminent domain, property damages, loss of income, loss of business goodwill, relocation assistance pursuant to Federal and/or State law an d implementing regulations or otherwise.

8.2 It is Buyer’s intention in executing this Agreement that it shall be effective as a bar to each and every Claim (excluding Claims based on any failure by Seller to disclose to Buyer any material fact known to Selle r about the Property and not known to Buyer), and in furtherance of this intention Buyer waives and relinquishes all rights and benefits under Section 1542 of the California civil code, which provides:
49 16498.00150\44587579.2

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Error! Unknown document property name.

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
______ / ______
Buyer’s Initials

The foregoing acknowledgment and release shall survive the Closing as well as the recording of the Grant Deed.

9. Default and Remedies.

9.1 Seller’s Default . If the Close of Escrow shall fail to occur because of Seller’s uncured default under this Agreement (which in no event such cure period shall be longer than ten (10) business days), Buyer may pursue an action for specific performance, or terminate this Agreement and sue for damages, and exercise any other remedy available to Buyer at law or in equity. No termination of e scrow by Buyer following a breach by Seller shall be deemed to waive such breach or any remedy otherwise available to Buyer. (a) Buyer’s Default. If the Close of Escrow shall fail to occur because of Buyer's uncured default under this Agreement (which in no event such cure period shall be longer than ten (10) business days), Seller shall may thereafter: (i) terminate this agreement; (ii) receive and retain $10,000 as liquidated damages if such default occurs after Buyer’s approval of due diligence in Section 5.1.5 ; and (iii) exercise the other r ights and remedies reserved by S eller as provided in this Section. In the event S eller terminates this agreement by reason of Buyer’s default, Buyer and Seller shall be relieved of any further obligation to each other with respec t to this Agreement and the Property except for any obligations which expressly survive. It is expressly understood and agreed b y Buyer and Seller: that it is extremely difficult and impractical to calculate and ascertain as of the effective date of this Agreement the actual damages which would be suffered in such event by Seller; and that the amount above is a reasonable estimate of the extent to which Seller may be damaged by Buyer’s default in light of the difficulty the parties would have in determining Seller’s actual damages as a result of such default by Buyer. Seller hereby waives the right to maintain an action for specific performance of Buyer’s obligation to purchase the Property and Seller agrees that Seller can be adequately compensated in money damages if Buyer fails to purchase the property in breach of this agreement _________________ _________________
SELLER’S INITIALS BUYER’S INITIALS

10. Miscellaneous Provisions.

10.1 Advice of Counsel . Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing a nd the Parties executed this Agreement after review 50 16498.00150\44587579.2

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Error! Unknown document property name.

by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement.

10.2 Assignment. Neither this Agreement nor any interest herein shall be assignable by either Party without the other Party’s prior written consent, granted or withheld in that Party’s sole discretion.

10.3 Entire Agreement . This Agreement constitutes the entire agreement between Buyer and Seller regarding the Property, and supersedes all prior discussions, negotiations and agreements between Buyer and Seller, whether oral or written. Neither Buyer nor Seller shall be bound by any understanding, agreement, promise, representation or stipulation concerning the Property, express or implied, not specified herein.

10.4 Time of the Essence. Time is of the essence with respect to all of the terms, conditions and obligations set forth herein.

10.5 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be addressed as set forth below, and shall be deemed to have been delivered when one (1) business day after deposit with a reputable overnight courier marked for "next day" delivery, or on the date shown on the return receipt after deposit in U. S. Mail, certified or registered, postage prepaid return receipt requested after it has been returned.

To Buyer: City of Fontana
8353 Sierra Ave
Fontana, CA 92335
Attn: City Manager
To Seller: SAN BERNARDINO CO UNTY TRANSPORTATION

AUTHORITY
1170 West Third Street
San Bernardino, CA 92410
Attn: Ryan Aschenbrenner

10.6 FIRPTA. The Foreign Investment in Real Property Tax Act (FIRPTA), IRC 1445, requires that every purchaser of U.S. real property must, unless an exemption applies, deduct and withhold from escrow proceeds ten percent (10%) of the gross sales price due to the property seller. The primary exemptions which might be applicable are: (a) the seller provides the buyer with an affidavit under penalty of perj ury that the seller is not a “foreign person” as defined in FIRPTA, or (b) the seller provides the buyer with a “qualifying statement,” as defined in FIRPTA, issued by the Internal Revenue Service. If required by Escrow Holder, Seller and Buyer agree to execute and deliver as appropriate any instrument, affidavit, statement, or a FIRPTA Certificate 51 16498.00150\44587579.2

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Error! Unknown document property name.

and to perform any acts reasonably necessary to carry out the provisions of FIRPTA and regulations promulgated there under.

10.7 Brokers. Seller and Buyer each warrant that they have had no dealings with any person, firm, broker or finder in connection with the negotiation of this Agreement and/or the consummation of the transactions contemplated herein and no broker or other person, firm or entity are entitled to any commission or finder’s fee in connection with these transactions as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any and all claims, liabilities, losses, damages, costs, or expenses based on or resulting from its (i.e., the indemnifying party’s) communications with any broker, finder or other similar person or entity.

10.8 Governing Law . The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of California.

10.9 Required Actions . The Parties hereto agree to and shall execute all reasonable instruments and documents and take all reasonable action s necessary to consummate the transaction contemplated by this Agreement.

10.10 Covenants. Seller covenants and agrees that after the date of the execution of this Agreement and through the Closing Date: (a) Seller shall comply with all laws, rules, regulations and ordinances relating in any way to the Property; and (b) Seller shall not subject the Property or permit it to be subjected to any liens, encumbrances, covenants, conditions, restrictions, easements, rights of way or similar matters, except as otherwi se set forth in the title report to be delivered to Buyer.

10.11 Severability. If any term, covenant or condition of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement shall not be affected and each remaining term, covenant and condition shall be valid and enforceable to the fullest extent permitted by law unless any of the stated purposes of this Agreement would be defeated.

10.12 Waivers. No waiver of any breach of any term, covenan t or condition of this Agreement shall be deemed a waiver of any preceding or succeeding breach of that same of any other term, covenant or condition.

10.13 Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Parties.

10.14 Headings. Headings at the beginning of each Section are solely for the convenience of the Parties and are not a part of this Agreement. Whenever the context requires, the singular shall include the plural and the masculine shall include the feminine, and vice versa.

10.15 Survival. To the extent not required to be performed before the Closing Date or other cancellation of this Agreement, the representations and warranties of Seller contained 52 16498.00150\44587579.2

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Error! Unknown document property name.

in Section 7 shall survive the Closing Date for a period of 180 days or other cancellation of this Agreement.

10.16 No Third Party Beneficiaries . Nothing in this Agreement is intended to confer on any person or entity who is not a party to this Agreement any rights or remedies.

10.17 Amendment. Any amendments to this Agreement are effective only if made in writing and executed by Buyer and Seller.

10.18 Attorneys’ Fees. If any Party brings an action or proceeding involving the Property whether founded in tort, contract or equity, or to declare rights hereunder the Prevailing Party, as defined herein, in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys’ fees and expenses. “Prevailing Party” shall include, without limitation, a party who substantially obtains or defeats the r elief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of its claim or defense.

10.19 Days of Week. A "business day," as used herein, shall mean any day other than a Saturday, Sunday or holiday, as defined in Section 6700 of the California Government Code.

If any date for performance herein falls on a day other than a business day, the time for such performance shall be extended to 5:00 p.m. on the next business day. [SIGNATURES ON FOLLOWING PAGE]

53 16498.00150\44587579.2

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.

Seller:

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By:

Carolyn Schindler
Executive Director
Buyer:

CITY OF FONTANA
By:

Matt Ballantyne, City Manager
ATTEST:

Germaine Key, City Clerk
APPROVED AS TO FORM:

Iain MacMillan,
Assistant General Counsel
APPROVED AS TO FORM:

Ruben Duran, City Attorney
54 16498.00150\44587579.3

Exhibit 1 - Page-1-
Error! Unknown document property name.

EXHIBIT 1 TO

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

FORM OF GRANT DEED (WITH LEGAL DESCRIPTION)
(Attached.)

55 16498.00150\44587579.3

Exhibit 1 - Page-2-
Error! Unknown document property name.

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Public Works Department
Portion of APN: 0191-291-19

SPACE ABOVE THIS LINE FOR RECORDER’S USE
Documentary Transfer Tax: $0; exempt conveyance to a California public entity (a municipal corporation/city)

GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a county transportation authority pursuant to Public Utility Code §§ 130800 et seq. (“GRANTOR”), does hereby grants to the CITY OF FONTANA, a California municipal corporation (“GRANTEE”), all that certain real property described more particularly in Exhibit A attac hed hereto and any and all improvements thereon.

IN WITNESS WHEREOF, GRANTOR has caused this Grant Deed to be executed by its authorized representative as of the date specified below.

GRANTOR:

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY,
a county transportation authority pursuant to
Public Utility Code §§ 130800 et seq.

By:

Carolyn Schindler, Executive Director
Date: , 2026

56 16498.00150\44587579.3

Exhibit 1 - Page-3-
Error! Unknown document property name.

Exhibit A to Grant Deed
Legal Description [of APN 0191-161-25]

APN 0191-161-25 as being all that portion of Block S -7 of the Fontana Townsite, recorded on page 53, in Book 19 of Maps, in the Office of the County Recorder of San Bernardino County, described in the Grant Deed from Southern Pacific Transportation Company to San Bernardino County Transportation Authority, recorded as Instrument 1991 -0130996 on 4/19/1991, on pages A-88 and A-89 of Exhibit A to said Instrument 1991 -0130996, excepting the property described in the Grant Deed from San Bernardino County Transportation Authority to Fontana Redevelopment Agency, recorded as Instrument 2004 -0632157, on 8/31/2024, both instruments recorded in the Official Records in the County of San Bernardino.

Excepting therefrom all minerals and mineral rights, interests and royalties, including without limitation, all oil, gas, and other hydrocarbon substances, as well as metallic or other solid minerals of whatever kind or character, whether now known or hereafter discovered, in and under the land below a depth of 500 feet under the surface without regard to the manner in which the same may be produced or extracted from the land, but without any right to enter upon or through the surface down to 500 feet below the surface to extract, drill, explore or otherwise exploit su ch minerals or mineral rights and without any right to remove or impair lateral or subadjacent support, as reserved in the aforementioned Instrument No 1991-0130996.
57 16498.00150\44587579.3

Exhibit 1 - Page-4-
Error! Unknown document property name.

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

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

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

WITNESS my hand and official seal.

Signature (Seal)

58 16498.00150\44587579.3

Exhibit 1 - Page-5-
Error! Unknown document property name.

CERTIFICATE OF ACCEPTANCE
(Govt. Code § 27281)
This is to certify that the interest in real property conveyed by the Grant Deed dated ____________ from the San Bernardino County Transportation Authority, a county transportation authority pursuant to the California Public Utilities Code Section 130800, et. seq., to the City of Fontana, a Municipal Corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by Resolution 91 -152 of the City Council, adopted on July 16, 1991; and the grantee consents to the recordation thereof by its duly authorized officer.

CITY OF FONTANA
By:

Gia Kim, P.E
Public Works Director/City Engineer

59 Vicinity Map

60 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0861 Agenda Date: 4/14/2026
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Amendment No. 1 to the Professional Services Agreement for Architectural Design Services with Robert, Borders & Associates for the Regional Navigation Center Tenant Improvements Project (DE- 25-91-SP)
RECOMMENDATION:

2. Approve and authorize the City Manager to execute future individual Amendments not exceeding $100,000 for the Regional Navigation Center Tenant Center Improvement Project (PN37600084).

COUNCIL GOALS:
· To provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
· To provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by addressing homelessness through proactive programs, including the efforts of the COAST and MET teams.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The City of Fontana’s Capital Improvement Budget includes the Regional Navigation Center Tenant Improvements Project (“Project”). The proposed tenant improvements will provide for the conversion of the existing industrial facility located at 11109 Jasmine Street, Fontana, CA 92337, into a Regional Navigation Center intended to house chronically homeless individuals in small dormitory-style living quarters, as well as provide individual living units for those requiring less intensive care.

Improvements to the facility will include the construction of meeting and office spaces for occupants and counseling services, group and individual living areas, a reception lobby, commercial kitchen, food storage, restrooms, showers/baths, laundry facilities, dining hall, recreation areas, and all City of Fontana Printed on 4/9/2026Page 1 of 2
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61 File #: 26-0861 Agenda Date: 4/14/2026
Agenda #: D. Category: Consent Calendar
associated electrical, plumbing, HVAC, technology, and site improvements required to support the facility. It is estimated that the facility will house up to two hundred (200) chronically homeless individuals in dormitory-style accommodations and provide individual units for those requiring less intensive care. Final tenant occupancy and detailed space programming will continue to be refined during the design development process.

On May 13, 2025, the City Council awarded a Professional Services Agreement to Robert, Borders & Associates for architectural design services for the Project in the amount of $625,399.00.

Since the commencement of design services, additional scope has been identified to support the expedited delivery of the project and address expanded project requirements. These additional services include architectural and engineering design associated with an increased second-floor building footprint, seismic upgrades, elevator design, and other design elements necessary to accommodate the updated project program and building requirements.

The proposed amendment will increase the agreement by $147,120.00 to compensate the consultant for the additional services. Upon approval of this amendment, the total contract amount will increase from $625,399.00 to $772,519.00. The additional services are necessary to support the expanded scope of the project and maintain the current project schedule.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $147,120.00 for the full term of the agreement which is included in the 2025-2026 budget in the Regional Navigation Center Project # 37600084-601-A-8113, Fund 601 - Capital Reinvestment.

MOTION:

Approve staff recommendation.

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62 REGIONAL NAVIGATION CENTER TENANTIMPROVEMENT PROJECT 0 1600800SCALE 1:800

PROJECT LOCATION
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CITY LIMIT
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16498.00150\32127016.1
AMENDMENT NO. 1
TO THE

PROFESSIONAL SERVICES AGREEMENT
SP-25-91-SP

BETWEEN

THE CITY OF FONTANA
AND

ROBERT, BORDERS & ASSOCIATES

1. Parties and Date.

This Amendment No. 1 to the Professional Services A greement is made and entered into as of the 15th day of April, 2026 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Robert, Borders & Assoc iates, a Corporation with its principal place of business at 1675 Scenic Ave., Suite 210, Costa Mesa , CA 92626 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”.

2. Recitals.

2.1 Consultant. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated the 13th day of May, 2025, (“Agreement”) for the purpose of retaining the services of Consultant to provide Architectural Design Services.

2.2 Amendment Purpose . T he City and Consultant desire to amend the Agreement to revise the Compensation.

2.3 Amendment Authority . This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as follows:

2. Compensation

a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.”

b. Amendment No. 1 is authorized in the amount of $147,120.00 [One Hundred Forty- seven Thousand, One Hundred Twenty Dollars and No Cents] . In no event shall the total amount paid for services rendered by Consultant under this Agreement excee d the sum of $772,519.00 [Seven Hundred Seventy-two Thousand, Five Hundred Nineteen Dollars and No Cents]. This amount is to cover all printing and related costs, and the City 64

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16498.00150\32127016.1
will not pay any additional fees for printing expenses. Periodic payments shall be ma de within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[Signatures on Next Page]
65

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16498.00150\32127016.1

SIGNATURE PAGE TO
AMENDMENT NO. 1

TO THE CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager

ROBERT, BORDERS & ASSOCIATES
By:

Shelly DiLauro
Principal I Design
Attest:

By:

Germaine McClellan Key
City Clerk
By:

Loren Della Marna
Principal I Architect
By:

Phillip Burum
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney
By: _____________________________
Gia Kim
Public Works Director/City Engineer

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________
Jessica Brown
Chief Financial Officer
Sid Lambert
Purchasing Manager
66 25 February 2026

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335

Attention: Christopher Smethurst
Senior Engineer

Project: CITY OF FONTANA
Regional Navigation Center T.I
Fontana, CA

Project No.: 25011 DE-25-91-SP

Subject: LOA 1 – Additional Scope
This Letter of Authorization (LOA) No. One is written to document our authorization to provide Additional Services under the terms of our Agreement for this project. The following services have been requested that we re not part of the original Basic Services scope of work. This LOA does not include the WQMP and roof screen scope, if required.

1. Space Plan revisions with added scope for expand ed second floor mezzanine area of approximately 4,8 70 SF and reconfigured first floor. Work to include ne w elevator, new secondary stair, infill of truck we ll for outdoor activity space, entry canopies, value engin eering of space plan with the reduction of 2 nd floor area
and floor plan reconfiguration.

2. Additional services for Architectural and Interi or Design Services for new scope noted above plus additional coordination of various City requirements.

3. City Entitlements: Planning submittal coordinat ion and drawing preparation, estimate 15 hours.

4. Additional semi-monthly Design Meetings as reque sted. Estimating 8 meetings.

5. Additional services for Structural Engineering C onsulting Services for new scope including new mezzanine, elevator, truck well infill and entry canopies.

6. Additional services for a Structural Seismic Bui lding upgrade based upon new use.

7. Additional services for Mechanical, Electrical a nd Plumbing Engineering to accommodate expanded second floor.

8. Additional services for Civil Site topographic s urvey for exterior elements.

9. New scope to include an Elevator Design Consulta nt.

Continue on next page….
67 Compensation for this work will consist of the following:

Space plan revisions & value engineering $12,360.00

Architectural Additional Services 19,724.00

City Entitlement coordination, 15 hours 2,925.00

Design Meetings, 8 meetings 3,120.00

Structural Engineering Additional Services 39,905.0 0

Structural Seismic Upgrade 23,000.00

M/E/P Engineering Additional Services 23,000.00

Civil Site Topo Survey 9,286.00

Elevator Consultant 13,800.00
Subtotal $147,120.00

Total LOA No. One $147,120.00

This Letter of Authorization No. One authorizes th e Additional Services work described above. Please execute this authorization by signing in the space provided below and return one copy for our files.

Sincerely,
Borders Architects

Shelly J. DiLauro

Shelly J. DiLauro, CID LEED AP ID+C
Principal

LDM:jrg

Approved: CITY OF FONTANA

By: Date:

68 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0869 Agenda Date: 4/14/2026
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adopt a Resolution for Projects Funded by the Road Repair and Accountability Act, SB 1 RECOMMENDATION:

Adopt Resolution No. 2026-021, of the City Council of Fontana to incorporate projects funded by SB 1, the Road Repair and Accountability Act, for Fiscal Year 2026-2027.

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

DISCUSSION:

On April 28, 2017, the Governor of the State of California signed Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017. The “Gas Tax” funds shall be for basic road maintenance, rehabilitation, and critical safety needs on both state highway and the local street roadway system.

SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, eligibility of Road Maintenance and Rehabilitation Account (RMRA) funding requires cities to adhere to specific documentation submittal to the California Transportation Commission (CTC).

Prior to the City of Fontana approving apportionment of the RMRA funds, a list of projects proposed to be funded by SB 1 must be adopted by the City Council at a regular public meeting.

For Fiscal Year 2026-2027, it is anticipated the City will receive $6,149,643.00 of SB 1, RMRA funds.

The Public Works & Engineering Department has identified the following list of projects for SB 1, RMRA funding use:
· Southridge Grid 51 North Residential and Collector Streets Pavement Rehabilitation · Grid 20 South Residential Pavement Rehabilitation
· Beech Avenue Pavement Rehabilitation
· Summit Avenue Pavement Rehabilitation
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Agenda #: E. Category: Consent Calendar
· Canyon Crest Drive Pavement Rehabilitation
· Grid 35 ADA Curb Ramp Replacement
· Citywide Slurry Seal Pavement Maintenance
· Engineering Design Services for Pavement Rehabilitation Works within Caltrans R/W as defined in the Freeway Maintenance Agreements
Estimated useful life will be five (5) to fifteen (15) years. The anticipated year of construction and engineering will be 2026 through 2027.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $6,149,643.00, which is the total estimated revenue in Fiscal Year 2026-2027 RMRA funding (Fund 283). The total revenue and individual projects requests are included in the FY 2026-2027 budget and will be revised at future quarterly adjustments if needed.

MOTION:

Approve staff recommendation.

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70 1 of 5

RESOLUTION NO. 2026-021

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Fontana are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City of Fontana must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each prop osed project, a proposed schedule for the project ’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City of Fontana, will receive an estimated $6,149,643.00 in RMRA funding in Fiscal Year 2026-27 from SB 1; and

WHEREAS, this is the tenth year in which the City of Fontana is receiving SB 1 funding and will enable the City of Fontana to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing ac cess and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City of Fontana has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City of Fontana used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost -effective projects that also meet the communities priorities for transpor tation investment; and

WHEREAS, the funding from SB 1 will help the City of Fontana maintain and rehabilitate up to 47 lane miles of streets/roads, and all of the required ADA curb ramp, curb and gutter, and striping upgrades throughout the City of Fontana this year and many more of similar projects into the future; and

71 Resolution No. 2026-021
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WHEREAS, the Final Report August 2021 California Statewide Local Streets and Roads Needs Assessment found that the City of Fontana streets and roads are “estimated” to be in “good” condition, and this revenue will help us maintain or increase the overall quality of our road system and over the next decade will keep our streets and roads in an “estimated good” condition, or bring our streets and roads into a “excellent” condition; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.

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

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account revenues:

Project Title: Southridge Grid 51 North Residential and Collector Streets Pavement Rehabilitation
Project Description: Full depth removal, 2” mill & overlay, and/or slurry seal.

Project to include all pre -construction and construction costs, which include design, survey, Geotech, mill and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Various residential and collector streets between Jurupa Avenue and Live Oak Avenue and between Cherry Avenue and Hemlock Avenue Estimated Pre-Construction Schedule: Start (07/26) – Completion (01/27) Estimated Construction Schedule: Start (02/27) – Completion (10/27) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 7 to 15 years

Project Title: Grid 20 South Residential
Project Description: Full depth removal, 2” mill & overlay, and/or slurry seal.

Project to include all pre -construction and construction costs, which include design, survey, Geotech, mill and overlay, full depth removal and replacement, pavement repairs, crack s ealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: All residential streets between Miller Avenue and Foothill Avenue and between Citrus Avenue and Sierra Avenue
Estimated Pre-Construction Schedule: Start (07/26) – Completion (01/27) Estimated Construction Schedule: Start (02/27) – Completion (10/27) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 7 to 15 years
72 Resolution No. 2026-021
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Project Title: Beech Avenue Pavement Rehabilitation
Project Description: 2” mill & overlay and/or slurry seal Project to include all pre -construction and construction costs, which include design, survey, Geotech, mill and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Beech Avenue between the 15 Freeway Sierra Lakes Parkway Estimated Pre-Construction Schedule: Start (07/26) – Completion (01/27) Estimated Construction Schedule: Start (02/27) – Completion (10/27) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 7 to 15 years

Project Title: Summit Avenue Pavement Rehabilitation
Project Description: 2” mill & overlay and/or slurry seal Project to include all pre -construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutter s, loops, striping, and testing, but may include additional work.

Project Location: Summit Avenue between Dakota Avenue and Citrus Avenue Estimated Pre-Construction Schedule: Start (07/26) – Completion (01/27) Estimated Construction Schedule: Start (02/27) – Completion (10/27) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 7 to 15 years

Project Title: Canyon Crest Drive Pavement Rehabilitation Project Description: Full depth removal, 2” mill & overlay, and/or slurry seal Project to include all pre -construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Canyon Crest Drive, from Cherry Avenue past Weeping Willow Lane to end of Cul-De-Sac
Estimated Pre-Construction Schedule: Start (07/26) – Completion (01/27) Estimated Construction Schedule: Start (02/27) – Completion (10/27) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 7 to 15 years

Project Title: Grid 35 ADA Curb Ramp Replacement
Project Description: Remove and replace non-compliant curb ramps Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.
73 Resolution No. 2026-021
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Project Location: All non -compliant curb ramps between Merrill Avenue and San Bernardino Avenue and between Sierra Avenue and Alder Avenue Estimated Pre-Construction Schedule: Start (07/26) – Completion (01/27) Estimated Construction Schedule: Start (02 /27) – Completion (10/27) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 7 to 15 years

Project Title: Citywide Slurry Seal Pavement Maintenance Project Description: Slurry seal
Project to include all pre -construction and construction costs, which include design, survey, Geotech, pavement repairs, crack sealing, slurry seal, striping, and testing, but may include additional work.

Project Location: Various locations throughout the City Estimated Pre-Construction Schedule: Start (07/26) – Completion (01/27) Estimated Construction Schedule: Start (02/27) – Completion (10/27) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 5 to 7 years

Project Title: Engineering Design Services for Citywide Caltrans Work Project Description: Engineering Design Services
Project to include all engineering design services, pre -construction and construction costs, which include design, survey, Geotech, Caltrans permit applications, coordination, and testing, but may include additional work.

Project Location: Various Under/Over crossing locations throughout the City at the I-15, I-10, and I-210 freeways
Estimated Design Schedule: Start (8/26) – Completion (06/27) Estimated Construction Schedule: Start (TBD) – Completion (TBD) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 7 to 15 years

Section 3. Effective Date. This Resolution shall become effective immediately.

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

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

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.
74 Resolution No. 2026-021
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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 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
75 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0870 Agenda Date: 4/14/2026
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 2 to Task Order No. 2 (DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
RECOMMENDATION:

Approve and authorize the City Manager to enter into Amendment No. 2 to Task Order No. 2 (DE-24- 195-SQ) with NV5, Inc. in the amount of $198,000, and an amended Task Order total of $477,000 for additional plan check, map check, and WQMP review services.

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

DISCUSSION:

On June 25, 2024, the City Council approved the Pre-Qualified Firms List to provide professional engineering services and authorized the City Manager to enter into a Master Agreement with selected firms on an as-needed basis for a period of five (5) years from approval. Subsequently, the City and NV5, Inc. entered into a Master Agreement that included map checking, engineering plan checking, hydrology/hydraulic studies, and WQMP checking services.

Due to the high volume of plan review requests, an amendment in the amount of $198,000 is requested to the existing task order of $279,000 to provide timely plan check review services.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $198,000 and is included in the 2025-26 budget in the General Fund (Fund 101), in accounts 10137404-8116 in the amount of $35,000, 10137404-8130 in the amount of $151,000, and in the Storm Water Compliance Fund (Fund 125) in account 12537401-8130 in the amount of $12,000.

MOTION:

Approve staff recommendation.

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76 STANDARD TASK ORDER FORM

AMENDMENT

RVPUB\PKNOX\729481.1 (v1/25)
Consultant:

Date:

Original Amount: $
Cumulative Prior Amount: $
New Contract Amount: $

Task Order #:

Proposal Bid No.:

Contract No.:

Budget No.:

Task / Project Name:

Description of Services:

Original End Date:

New End Date:

Dollar Amount of Amended Task Order: Not to exceed $

With this Task Order Amendment, the continuing effect of the On-Call Professional Service Agreement on a Task Order Basis (Contract No. stated above) remain in full force and effect and Time of Performance shall terminate at the end date of this Task Order.

INITIATING PARTY (Party responsible for initiating the change order request) City Initiated Contractor Initiated

Change in Scope Unforeseen Conditions

Docusign Envelope ID: B0A02022-C49A-4A2A-9FAF-23895A45AD4E

06/30/2026
06/30/2026
279,000.00

10137404.8130 & 8116
11/10/2025
12537401.8130
To provide On-Call Plan Checking Services, Map Checking Services, WQMP Review for Fiscal Year 2025-2026.
99,000.00
NV5, Inc.
180,000.00
DE-24-165-SQ
99,000.00
X

Plan Checking Services, Map Checking
Services, WQMP Review

2.1 DE-24-195-SQ
77 The Consultant is hereby authorized to perform the following task order subject to the provisions of the Contract identified in the On-Call Professional Agreement Contract Number:

RVPUB\PKNOX\729481.1 (v1/25)

CITY OF FONTANA
By:

City Manager
(Required if Over $50,000)

By:

Deputy City Manager

Attest: 1
By:

By:

Director of Engineering

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Chief Financial Officer

Purchasing Manager

1 Attestation of Consultant’s signature must be obtained when required by the by -laws, articles of incorporation or other laws, rules or regulations applicable to Consultant’s business entity.

Docusign Envelope ID: B0A02022-C49A-4A2A-9FAF-23895A45AD4E NV5, Inc.

DE-24-195-SQ
78 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0549 Agenda Date: 10/28/2025
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Task Order No. 2 (DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
RECOMMENDATION:

Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 2 (DE-24- 195-SQ) with NV5, Inc. in the amount of $180,000, and an amended Task Order total of $279,000 for additional plan check, map check, and WQMP review services.

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

DISCUSSION:

On June 25, 2024, the City Council approved the Pre-Qualified Firms List to provide professional engineering services and authorized the City Manager to execute a Master Agreement with selected firms on an as-needed basis for a period of five (5) years from approval. Subsequently, the City and NV5, Inc. entered into a Master Agreement that included map checking, engineering plan checking, hydrology/hydraulic studies, and WQMP checking services.

Due to staffing shortages and a high volume of plan review requests, an amendment in the amount of $180,000 is requested to the existing task order of $99,000 to provide timely plan check review services.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $180,000 and is included in the 2025-26 budget in the General Fund (Fund 101), in accounts 10137404-8116 in the amount of $60,000, 10137404-8130 in the amount of $60,000, and in the Storm Water Compliance Fund (Fund 125) in account 12537401-8130 in the amount of $60,000.

MOTION:

Approve staff recommendation.

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Docusign Envelope ID: B0A02022-C49A-4A2A-9FAF-23895A45AD4E 79 Certificate Of Completion
Envelope Id: B0A02022-C49A-4A2A-9FAF-23895A45AD4E Status: Completed Subject: Amendment Task Order Over $50,000
Source Envelope:

Document Pages: 3 Signatures: 6 Envelope Originator:

Certificate Pages: 6 Initials: 1 Purchasing Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.96
Record Tracking
Status: Original
11/25/2025 | 10:56 AM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Denise Cortes
[email protected]
NV5, Inc.

Security Level:

DocuSign.email
ID: 1
11/25/2025 | 10:56 AM
Completed
Using IP Address: 192.146.186.96
Sent: 11/25/2025 | 10:56 AM
Viewed: 11/25/2025 | 10:56 AM
Signed: 11/25/2025 | 11:02 AM
Electronic Record and Signature Disclosure:

Accepted: 11/25/2025 | 10:56 AM
ID: 4a77f6b3-ee03-4172-83d4-285e2b236fe6
Purchasing Office
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85 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0887 Agenda Date: 4/14/2026
Agenda #: G. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Annual Update on Military Equipment Pursuant to California Assembly Bill 481 RECOMMENDATION:

Adopt the “2025 Fontana Police Department Annual Military Equipment Use Inventory Report” in accordance with Ordinance No. 1892 of the Fontana Municipal Code, Governing Military Equipment Usage.

COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Increase citizen involvement by seeking community input. · Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

Assembly Bill 481 (“AB481”),codified at Government Code sections 7070 through 7075, requires the Fontana Police Department (“Department”)to obtain annual approval from City Council of its military equipment use policy (“Policy”) in order to continue the use of previously acquired military equipment.

The term “militaryequipment,”as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “militaryequipment”include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety. Provided as an attachment to this staff report is the updated inventory list of military equipment that the department maintains, in accordance with Government Code section 7072. The use of the military equipment identified on the inventory list is vital to the Department’smission and will continue to be strictly regulated through internal processes and oversight.

On May 10, 2022 the City Council adopted Ordinance No. 1892 adopting a Military Equipment Use Policy, in accordance with AB 481. A copy of the Policy is included as an attachment to this staff report. In order for the Department to continue using the equipment authorized under the Policy, the Department must submit an Annual Report to City Council, that includes the following: 1) A summary City of Fontana Printed on 4/7/2026Page 1 of 2
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86 File #: 26-0887 Agenda Date: 4/14/2026
Agenda #: G. Category: Consent Calendar
Department must submit an Annual Report to City Council, that includes the following: 1) A summary of how the military equipment was used and purpose of its use. 2) A summary of any complaints or concerns received concerning the military equipment. 3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year submission of the annual military equipment report. 5) The quantity possessed for each type of military equipment. 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.

Ordinance No. 1892 and the adopted Policy provide for safeguards to the public’ssafety, welfare, and civil rights and ensures transparency, oversight, and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to the City Council the use of this equipment and seek approval prior to acquiring any additional military equipment.

The Fontana Police Department webpage will be utilized for distribution of any updates to the above materials as well as for this Annual Report.

Attachments:

1. 2025 Fontana PD Military Equipment Inventory

2. 2025 Fontana PD Annual Report on Military Equipment Usage

3. Ordinance No. 1892, Adopting Policy 709 Governing Military Equipment Usage

4. Fontana PD Policy 709
FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Accept staff recommendation.

City of Fontana Printed on 4/7/2026Page 2 of 2
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87 2025

FONTANA POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY
FOR JANUARY 1
ST
, 2025-DECEMBER 31
ST
, 2025

88 MILITARY EQUIPMENT INVENTORY
The Fontana Police Department utilizes the equipment listed below for law enforcement purposes only, in a manner that is consistent with the equipment's category's description. The Department's use complies with state and federal law, including any licensing or certification requirements, and County and Department policies and procedures. All equipment is used in a manner that protects public and officer safety and the community's civil rights and civil liberties, with the goal of minimizing injury to persons and property, including when exigent circumstances arise that may require a related use not explicitly described below. Deployments are relegated to those who have completed requisite training or qualification, including that from the Department and the Commission on Peace Officer Standards and Training (POST).

89 Unmanned Aircraft System (UAS):

Unmanned Aviation Systems (UAS) are unmanned, remotely controlled aircraft that are equipped with various sensors and are used to minimize injury or death to suspects, safety members, and others, and to avoid property damage. UAS use is often necessary for visual observation of incidents where a danger to life exists and traditional observation methods would be ineffective and more dangerous. Description, quantity, capabilities, and purchase cost of current UAS:

DJI MAVIC MINI, cost: $450 each, quantity- 2
Can be flown indoor or outdoor. Used primarily to search the interior of structures.

DJI MAVIC 2 Air, cost: $ 1,000 each, quantity- 1
Similar to the DJI Mavic Mini but has a better camera and longer battery life.

Harder to maneuver indoors and so it is better suited for outdoor use.

DJI MAVIC 3 Air, cost: $2,300 each, quantity- 1
This is an updated version of the DJI Mavic and has an upgraded camera and battery life.

90 DJI Matrice 30T, cost: $10,000, total program: cost $200,000, quantity- 3 Integrated Wide, Zoom, and Infrared cameras with a laser Rangefinder sensor. These drones have been purchased and set up for the new Drone as a First Responder Program. The three drones are permanently docked at three separate locations around the city. Pilots will launch the drones from a desk and respond to anywhere within city limits in 90 seconds.

a. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. major collision investigations.

2. search for missing persons.

3. natural disaster management.

4. crime scene photography.

5. SWAT, tactical or other public safety and life preservation missions.

6. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.

b. Authorized Use

Only assigned operators who have completed the required training shall be permitted to operate the UAS during approved missions.

c. Expected Life Span
10 years all equipment.

d. Fiscal Impact

Drone as a first Responder system will cost approximately $50,000 per year.

The remainder of the drones are a one time cost.

e. Training

Each operator must attend a 40-hour department training and ongoing quarterly training.

91 f. Legal and Procedural Rules

The Fontana Police Department will utilize UAS only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.

92 Robotics:

Unmanned machine operating on the ground utilized to enhance the safety of the community and officers.
a. Description, quantity, capabilities, and purchase cost:

AVATAR, cost: $20,000. Quantity- 1
Equipped with cameras and adjustable tracks. This robot is mainly used for remote observation.

RECON SCOUT (Rialto PD equipment share), cost: $7,000. Quantity- 1 The size and durability of this robot allow it to be thrown places that officers cannot access. The camera allows for remote visual observation.

b. Purpose
To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings and make announcements.

c. Authorized Use
93 Only assigned operators who have completed the required training shall be permitted to operate the robots and at the discretion of the Incident or SWAT Commander.

d. Expected Life Span
All robots, 10-15 years.

e. Fiscal Impact
Robots are all a one-time purchase.

f. Training
All robot operators are assigned to SWAT and receive on-going training 20 hours a month.

g. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

94 Armored Vehicles:

Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

a. Description, quantity, capabilities, and purchase cost:

LENCO BEARCAT, G2, cost: $315,000.00, quantity: 1.

The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of individuals. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
The use of armored vehicles shall only be authorized by a supervisor, based on the specific circumstances of a given critical incident. d. Lifespan
25 years.
e. Fiscal Impact
One time purchase with general maintenance fees ($12,000 annually). f. Training
Armored vehicle uses and training takes place during annual trainings provided by the department. All sworn personnel are trained in the tactics and capabilities of the armored vehicles.
95 g. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

96 NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK):

The ROOK is a custom “armored critical incident vehicle” built on the chassis of a CAT Bulldozer, manufactured by Ring Power. The ROOK is built to increase job safety, versatility, and mission specific response. The ROOK is equipped with powerful mission specific attachments. The ROOK is capable of being used in tight areas both inside and outside, where traditional armored vehicles may not be able to enter.

a. Description, quantity, capabilities, and purchase cost:

ROOK- Modified CAT compact Track Loader chassis, cost: $400,000, quantity: 1.

The ROOK can be utilized by authorized SWAT personnel to identify, discover and locate threats or hazards, to include explosives and ballistic threats. The ROOK may be used to stabilize critical infrastructure and functions to minimize health and safety threats during a terrorist attack. During a terrorist attack, the ROOK will allow for law enforcement protected response.

b. Purpose
To provide a capability for defensive ballistic protection in indoor and outdoor environments, rescue platforms for elevated structure rescue, and rough terrain environments where certain equipment would be limited.
97 c. Authorized Use
The ROOK shall be used by SWAT team members in a manner consistent with Department training. Furthermore, only SWAT team members who have completed the appropriate training, will operate the ROOK.

d. Lifespan
25 years

e. Fiscal Impact
One time purchase and general fleet maintenance fees ($13,500 annually).

f. Training
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction as well as normal SWAT bi-weekly training.

g. Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

98 Long Range Acoustic Device (LRAD) Long Range Acoustical Device:
(LRAD) is a high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

a. Description, quantity, capabilities, and purchase cost:

LRAD 1000x Mag (received on a grant) Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD ensures voice messages are clearly heard and understood. Obtained by Colton Police Department on a military equipment grant program. LRAD is shared by Inland Valley SWAT agencies.
b. Purpose
To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

c. Authorized Use
The LRAD shall only be used by officers trained in its deployment. 99 d. Lifespan
No life expectancy.

e. Fiscal Impact
None.

f. Training
All operators receive training prior to operating any of the LRAD’s in the field.

g. Legal and Procedural Rules
It is the policy of the department to utilize the LRAD only for official law enforcement purposes, and pursuant to State and Federal law.

100
40 MM Launchers and Rounds:
40MM LMT Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost:

DEFENSE TECHNOLOGY, 40MM LMT SINGLE SHOT LAUNCHER,
cost: $1000, quantity 50.

The 40MM Single Launcher is a tactical single shot launcher.

DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325,
Cost: $18, quantity: 150.

A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance.

b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
d. Training
101
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors.
e. Lifespan
25 years.

f. Fiscal Impact
No annual fiscal impact.

g. Legal and Procedural Rules

It is the policy of the Fontana Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

102
Chemical Agent and Smoke Canisters:

Canisters that contain chemical agents that are released when deployed.

a. Description, quantity, capabilities, and purchase cost:

Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Fontana Police Department and Inland Valley SWAT team as a non- lethal tool to disperse rioting suspects and on barricaded suspects per Fontana Police Department Policy and applicable law. The Fontana Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Inland Valley SWAT Inventory
 Combined Tactical Systems 9230 CS Smoke - 2
 Combined Tactical Systems 4330 Liquid Ferrets – 55
 Combined Tactical Systems 5230B – 38
 Combined Tactical Systems 6340 OC-V – 5
 Combined Tactical Systems 8230 (pocket tactical) – 22  Combined Tactical Systems 5210 white smoke – 3
 Combined Tactical Systems 5230 Riot CS smoke – 20
 Combined Tactical Systems 5230JL (Jet Lite) CS smoke – 4  Combined Tactical Systems 8210 Smoke – 1
 Combined Tactical Systems 40mm muzzle blast (4630) – 15  Combined Tactical Systems 4431 Powdered Ferrets - 15
103
Fontana Police Department
 Combined Tactical Systems 9230 CS Smoke - 2
 Combined Tactical Systems 4330 Liquid Ferrets – 26
 Combined Tactical Systems 5230B – 31
 Combined Tactical Systems 6340 OC-V – 5
 Combined Tactical Systems 8230 (pocket tactical) – 7
 Combined Tactical Systems 5210 white smoke – 3
 Combined Tactical Systems 5230 Riot CS smoke – 5
 Combined Tactical Systems 5230JL (Jet Lite) CS smoke – 2  Combined Tactical Systems 8210 Smoke – 1

b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
i. Self-destructive, dangerous and or combative individuals ii. Riot/crowd control and civil unrest incidents
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals
v. Training exercises or approved demonstrations.

c. Authorized Use
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

d. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
e. Lifespan
5 years from manufacturing dates.

f. Fiscal Impact
No annual cost.

g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal Law, including Fontana Police Use of Force policy.

104

Less Lethal Shotgun:

Less Lethal Shotguns are used to deploy the less lethal 12-gauge Super-Sock Beanbag Round. a. Description, quantity, capabilities, and purchase cost:

REMINGTON LESS LETHAL SHOTGUN, cost: $700, quantity: 21.

The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5, quantity:
1800.

A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
105
c. Authorized Use

1.Self-destructive, dangerous and/or combative individuals.

2.Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
d. Lifespan
No expiration.
e. Fiscal Impact
None.
f. Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in- service training.

h. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

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Distraction Devices:

A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
a. Description, quantity, capabilities, and purchase cost:

Defense Technology, 8933 Low Roll Distraction Device, cost: $50, quantity: 2.

CTS single bang, cost: $55 each. Quantity 50.

CTS double-bang, cost: $65 each. Quantity 10.

Def-Tech bang, cost: $65 each. Quantity 1.

CTS Five-Bang, cost: $85 each. Quantity 3.

CTS Nine-Bang, cost: $115 each. Quantity 4.

A non-bursting, non-fragmenting, limited rolling device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

b. Purpose
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
Diversionary Devices shall only be used:
 By officers who have been trained in their proper use.  In hostage and barricaded subject situations.
 In high-risk warrant (search/arrest) services where there may be extreme hazards to officers or there is no response from suspects from announcements.
 During other high-risk situations where their use would enhance officer safety.
107
 During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact
No annual maintenance.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors. SWAT team members consistently train on the use of distraction devices.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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Explosive Breaching Tools:

Tools that are used to conduct an explosive breach. All explosive breaching equipment is shared with the Inland Valley SWAT agencies.
a. Description, quantity, capabilities, and purchase cost:

DETONATING CORD, cost: $1 per foot, quantity: 1400 ft./ 437 meters.

The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.

BLASTING CAP, cost: $12, quantity: 60.

A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non -electric caps, electric caps, and fuse caps.

109
b. Purpose
To safely and quickly gain entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
Blasting Caps- 10 years.

Detonating cord- 10 years.
e. Fiscal Impact
One time purchase.
f. Training
All officers who use explosive breaching tools shall attend an approved Tactical Explosive Breacher Course and must additionally receive quarterly training for explosive operations.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize explosive breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

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Rifles:

Guns that are fired from shoulder level, thereby have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost:

Colt LE 6920-5.56mm Patrol, cost: $1,000. Quantity 47.

Colt LE 6933-5.56mm Special Ops and Traffic, cost: $1,000. Quantity 52.

Colt LE 6946-5.56mm Special Ops and Traffic, cost: $1,000. Quantity 12.

Daniel Defense DDM4 5.56mm, cost: $1,450. Quantity 26.

Lewis Machine & Tool MWS .308 caliber, cost: $1,200. Quantity 2.

Colt Commandos, cost: $1,000. Quantity 2.

b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use
Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 312.13)
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d. Lifespan
No expiration.
e. Fiscal Impact
None.
f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. g. Legal and Procedural Rules
Use is established under policy 312 of the Fontana Police Department. It is the policy of the Fontana Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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CITY OF FONTANA
2025 – Annual Military Equipment Report,
Prepared Pursuant to Government Code § 7072
In accordance with Government Code section 7072, the Fontana Police Department hereby submits for City Council review and approval the following annual military equipment report.

1. A summary of how the military equipment was used and the purpose of its use.

All military equipment owned by the Department, which is detailed in the attached Fontana Police Military Equipment Inventory, was used exclusively for the purposes designated by the Department’s Military Equipment Policy (No. 709). In general, those purposes include use of standard patrol rifles and projectiles; use of unmanned aircraft systems for enhanced investigation and community safety; use of unmanned robotic machines operating on the ground to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, clear buildings, and make announcements; use of armored vehicles for transporting officers and supporting personnel during high-risk tactical operations; use of an NIJ Level IV Armored Caterpillar Multi-Terrain Loader to provide capability for defensive ballistic protection, rescue platforms for elevated structures, and use in rough terrain environments where other equipment might be limited; use of long range acoustic devices to issue dispersal orders during crowd and riot control situations, to address the public in the event of civil emergencies, natural disasters, evacuations, or police incidents, and to issue a warning tone; use of explosive breaching tools during tactical entry into a dwelling or other enclosed space when other breaching options have failed or when required; use of distraction devices to produce atmospheric over-pressure and brilliant white light and, as a result, can cause short‐ term (6 ‐ 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage; use of chemical agents and smoke canisters (by officers who are properly POST certified) to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; use of projectile launch platforms and associated munitions to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; and use of beanbag rounds and less lethal shotguns to limit conflict escalation and use of lethal force. In 2025, the Department used items from the patrol rifles, unmanned aircraft, and explosive breaching tools categories of the inventory, for the purpose of effectively and safely carrying out its duties. Officers are properly trained and certified to use the equipment in the inventory.

2. A summary of any complaints or concerns received concerning the military equipment.

The Department did not receive any complaints or citizen outreach concerning the Department’s Military Equipment Use Policy or ongoing use of said equipment. 113

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

There were no violations of the Policy, and accordingly, no audits or actions took place in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

Costs associated with military equipment in 2025 included the purchase of one (1) Daniel Defense SWAT Rifle, associated ammunition. These costs were accounted for in the City’s 2025 budget.

5. The quantity possessed for each type of military equipment.

The quantity for each type of military equipment, including the new equipment purchased in 2025, is listed in the updated Military Equipment Inventory List, available on the City’s website and in person at the Department.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Department does intend to purchase a GArmor X5 UMG Armored Personal Carrier in 2026.
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1 of 3

ORDINANCE NO. 1892

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA ADOPTING POLICE DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481

WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and

WHEREAS, AB 481 requires adoption of a military equipment policy (“Policy”) by the City Council before the Fontana Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in -kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military eq uipment through any other means not specifically detailed in the statute; and

WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and

WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and

WHEREAS, once adopted, the Policy will be made publicly available on the Department website for as long as the covered military equipment is available for use; and
WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and

WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

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Ordinance No. 1892

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
The City Council finds that all recitals, facts, findings, and conclusions set forth above are true and correct and hereby incorporated by reference.

SECTION 2. FINDINGS
Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the Policy that was in effect at the time, or if prior uses did not comply with the accom panying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

SECTION 3. ADOPTION OF MILITARY EQUIPMENT POLICY
The City Council her eby adopts the Policy No. 709, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Exhibit “A”.

SECTION 4. CEQA.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. EFFECTIVE DATE.

This ordinance shall be effective thirty (30) days from and after its final passage.

SECTION 6. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court 116
Ordinance No. 1892

of competent jurisdict ion, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fontana hereby declare they would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions. sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 7. PUBLICATION.

The City Clerk is authorized and directed to cause this ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be publishe d in the manner required by law using the alternative summary and posting procedure authorized under Government Code section 36933(c).

INTRODUCED at the regular meeting of Fontana Council on the 26th day of April 2022.

PASSED, APPROVED AND ADOPTED at the regular meeting of Fontana City Council on the 10th day of May 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Ashton Arocho, 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 26th day of April, 2022 and was finally passed and adopted not less than five days thereafter on the 10th of May, 2022, by the following 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

118

Exhibit “A”
[insert AB 481 policy]

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Policy
709
Fontana Police Department
Fontana PD Policy Manual
Copyright Lexipol, LLC 2023/07/19, All Rights Reserved.

Published with permission by Fontana Police Department
Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include those provided in (Government Code § 7070) and as follows:

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Fontana Police Department
Fontana PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/07/19, All Rights Reserved.

Published with permission by Fontana Police Department
Military Equipment - 2
709.2 POLICY
It is the policy of the Fontana Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to the funding, acquisition and use of military equipment.
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Fontana Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: FONTANA POLICE MILITARY EQUIPMENT INVENTORY.pdf 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
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Fontana Police Department
Fontana PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/07/19, All Rights Reserved.

Published with permission by Fontana Police Department
Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid.
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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Fontana PD Policy Manual
Copyright Lexipol, LLC 2023/07/19, All Rights Reserved.

Published with permission by Fontana Police Department
Attachments - 4
Attachments
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Attachment
Fontana PD Policy Manual
Copyright Lexipol, LLC 2023/07/19, All Rights Reserved.

Published with permission by Fontana Police Department

FONTANA POLICE MILITARY EQUIPMENT
INVENTORY.pdf - 5

FONTANA POLICE MILITARY
EQUIPMENT INVENTORY.pdf
FONTANA POLICE MILITARY EQUIPMENT INVENTORY.pdf
124
FONTANA POLICE MILITARY EQUIPMENT INVENTORY (Attachment)

Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:

DJI MAVIC MINI, cost: $400 each, quantity: 2.

DJI MAVIC 2, cost: $ 800 each, quantity 3
Instant Eye MK, cost: $30,00 total with training and fleer, quantity 2

b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. major collision investigations.

2. search for missing persons.

3. natural disaster management.

4. crime scene photography.

5. SWAT, tactical or other public safety and life preservation missions.

6. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.

c. Authorized Use

Only assigned operators who have completed the required training shall be permitted to operate the DJI Mavic Mini during approved missions.

d. Expected Life Span
10 years all equipment.

e. Fiscal Impact

One time purchase.

f. Training

Each operator must attend a 40-hour department training and ongoing quarterly training.

g. Legal and Procedural Rules

The Fontana Police Department will utilize UAS only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.
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Robots: Unmanned machine operating on the ground utilized to enhance the safety of the community and officers
a. Description, quantity, capabilities, and purchase cost

ICORE (Rialto PD equipment shared for Inland Valley SWAT) AVATAR

RECON SCOUT

b. Purpose
To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings and make announcements

c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robots and at the discretion of the Incident or SWAT Commander

d. Expected Life Span
All robots, 10-15 years.

e. Fiscal Impact
Robots are all a one-time purchase.

f. Training
All robot operators are assigned to SWAT and receive on-going training 20 hours a month.

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Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes

a. Description, quantity, capabilities, and purchase cost LENCO BEARCAT, G2, cost: $315,000.00, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor
b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
The use of armored vehicles shall only be authorized by a supervisor, based on the specific circumstances of a given critical incident. d. Lifespan
25 years.
e. Fiscal Impact
One time purchase with general maintenance fees.
f. Training
Armored vehicle uses and training takes place during annual trainings provided by the department. All sworn personnel are trained in the tactics and capabilities of the armored vehicles.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

127
NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK): The ROOK is a custom “armored critical incident vehicle” built on the chassis of a CAT Bulldozer, manufactured by Ring Power.

The ROOK is built to increase job safety, versatility, and mission specific response. The ROOK is equipped with powerful mission specific attachments. The ROOK is capable of being used in tight areas both inside and outside, where traditional armored vehicles may not be able to enter a. Description, quantity, capabilities, and purchase cost ROOK- Modified CAT compact Track Loader chassis, cost: $400,000, quantity: 1.

c. Authorized Use
The ROOK shall be used by SWAT team members in a manner consistent with Department training. Furthermore, only SWAT team members who have completed the appropriate training, will operate the ROOK.

d. Lifespan
25 years

e. Fiscal Impact
One time purchase and general fleet maintenance fees.

f. Training
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction as well as normal SWAT bi-weekly training.

g. Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

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Long Range Acoustic Device (LRAD) Long Range Acoustical Device: (LRAD) is a high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

a. Description, quantity, capabilities, and purchase cost LRAD 1000x Mag (received on a grant) Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD ensures voice messages are clearly heard and understood. Obtained by Colton Police Department on a military equipment grant program. LRAD is shared by Inland Valley SWAT agencies.
b. Purpose
To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

c. Authorized Use
The LRAD shall only be used by officers trained in its deployment d. Lifespan
No life expectancy

e. Fiscal Impact
None

f. Training
All operators receive training prior to operating any of the LRAD’s in the field.

g. Legal and Procedural Rules
It is the policy of the department to utilize the LRAD only for official law enforcement purposes, and pursuant to State and Federal law

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40 MM Launchers and Rounds: 40MM LMT Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost DEFENSE TECHNOLOGY, 40MM LMT SINGLE SHOT LAUNCHER, cost: $1000, quantity 50. The 40MM Single Launcher is a tactical single shot launcher.

DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $18, quantity: Fontana PD 206. A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
d. Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors
e. Lifespan
25 years.

f. Fiscal Impact
No annual fiscal impact.

g. Legal and Procedural Rules

It is the policy of the Fontana Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

130
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed
a. Description, quantity, capabilities, and purchase cost Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Fontana Police Department and Inland Valley SWAT team as a non- lethal tool to disperse rioting suspects and on barricaded suspects per Fontana Police Department Policy and applicable law. The Fontana Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Fontana Police Inventory
Defense Technology Pocket Tactical CS -37
Defense Technology Flameless Tri-Chamber CS -21
Defense Technology Spede Heat CS - 15
Defense Technology 40 mm Warning/Signal 50 meter -14
Defense Technology Riot Control CS - 12
Defense Technology Flameless Tri-Chamber OC - 7
Defense Technology Triple Chaser CS - 4
Defense Technology Direct Impact Marking round - 3
Defense Technology 40 mm Saf-Smoke 100 meters - 2
Defense Technology 40 mm Marking/ Signal Inert - 2
Defense Technology Spede Heat OC - 1

Inland Valley SWAT Inventory
Defense Technology 40 mm Liquid Ferret - 83
Defense Technology Pocket Tactical CS -15
Defense Technology Pocket Tactical Smoke - 11
CTS 5230 Baffle CS - 12
Defense Technology Smoke - 6
Aerosol/OC Vapor - 5
Defense Technology OC Stinger Handball - 2
Defense Technology Triple Chaser Smoke - 3
Defense Technology CS Stinger Handball - 2
Defense Technology Flameless Tri-Chamber CS - 4
Defense Technology Spede Heat CS - 9
Defense Technology Riot Control CS - 2
Defense Technology Triple Chaser CS - 2
Defense Technology Spede Heat CS 40 mm - 14
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c. Authorized Use
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

d. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
e. Lifespan
5 years from manufacturing dates

f. Fiscal Impact
No annual cost.

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Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
a. Description, quantity, capabilities, and purchase cost REMINGTON LESS LETHAL SHOTGUN, cost: $700, quantity: 35. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.
12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5, quantity: 2525. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use

1.Self-destructive, dangerous and/or combative individuals.

2.Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
d. Lifespan
No expiration.
e. Fiscal Impact
None
f. Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in- service training.

133
h. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

134
Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a. Description, quantity, capabilities, and purchase cost Defense Technology, 8933 Low Roll Distraction Device, cost: $50, quantity: 30.

Shared equipment for Inland Valley SWAT. A non-bursting, non-fragmenting, limited rolling device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations
b. Purpose
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
Diversionary Devices shall only be used:
• By officers who have been trained in their proper use. • In hostage and barricaded subject situations.
• In high-risk warrant (search/arrest) services where there may be extreme hazards to officers or there is no response from suspects from announcements
• During other high-risk situations where their use would enhance officer safety.
• During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact
No annual maintenance.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors. SWAT team members consistently train on the use of distraction devices.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 135
Explosive Breaching Tools: Tools that are used to conduct an explosive breach. All explosive breaching equipment is shared with the Inland Valley SWAT agencies. a. Description, quantity, capabilities, and purchase cost DETONATING CORD, cost: $1 per foot, quantity: 700 meters. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.

BLASTING CAP, cost: $12, quantity: 73. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps.
b. Purpose
To safely and quickly gain entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
Blasting Caps- 10 years
Detonating cord- 10 years
e. Fiscal Impact
One time purchase.
f. Training
All officers who use explosive breaching tools shall attend an approved Tactical Explosive Breacher Course and must additionally receive quarterly training for explosive operations.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize explosive breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

136
Rifles: Guns that are fired from shoulder level, thereby have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost Colt LE 6920-5.56mm Patrol
Colt LE 6933-5.56mm Special Ops and Traffic
Colt LE 6946-5.56mm Special Ops and Traffic
Daniel Defense DDM4 5.56mm
Lewis Machine & Tool MWS .308 caliber
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use
Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 312.13)
d. Lifespan
No expiration
e. Fiscal Impact
None.
f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. g. Legal and Procedural Rules
Use is established under policy 312 of the Fontana Police Department. It is the policy of the Fontana Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

137

138
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0890 Agenda Date: 4/14/2026
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Right of Way Purchase and Sale Agreements of the Properties for the Building A Better Connected Inland Empire (RAISE) Project
RECOMMENDATION:

1. Approve and authorize the City Manager to accept modifications made by MWD and enter into a Purchase and Sale Agreement of the properties with Metropolitan Water District of Southern California.

2. Approve and authorize the City Manager to accept modifications made by MWD and enter into a Possession and Use Agreement of the properties with Metropolitan Water District of Southern California.

3. Approve and authorize the City Manager to enter into a Purchase and Sale Agreement of the properties with Intex Corporation.

DISCUSSION:

On April 14, 2022, the City of Fontana submitted an application for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant for the Building A Better Connected Inland Empire project (“Project”) at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan area. This Project will provide major complete street improvements including additional lane capacity, integrated traffic system, medians with protected left turns, streetlights, signage, roundabout, raised medians, approximately 5 miles of Class II bike trails, approximately 2.5 miles of City of Fontana Printed on 4/9/2026Page 1 of 3
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File #: 26-0890 Agenda Date: 4/14/2026
Agenda #: H. Category: Consent Calendar
Class I bike lanes, approximately 5 miles of ADA compliant sidewalks, approximately 0.5 miles multi- use trails, pedestrian crosswalks, and countdown signal heads. The Project limits are Victoria Street between Kestrel Avenue to Cherry Avenue and Cherry Avenue between SR-210 westbound ramp intersection and Baseline Road.

In December 2022, the Federal Highway Administration (FHWA) notified the City that it had been awarded $15,000,000 in RAISE grant funding for the Project. The Project is currently in the final phases of design, right-of-way acquisition, utility clearance, and permit approvals. Construction is anticipated to begin in late 2026.

The Project requires several R/W acquisitions from the Metropolitan Water District of Southern California (MWD) and Intex Corporation (Intex) below.

Metropolitan Water District of Southern California (MWD) The proposed Agreement for Purchase and Sale and Joint Escrow Instructions is between the City of Fontana and MWD for the acquisition of APNs 0228-012-04, 0228-092-18, and 0228-021-26 (the “Properties”) for the Project. The City requires both permanent roadway easements and temporary construction easements (TCEs).

Under the Agreement, the City will purchase the Properties for $364,800, subject to customary escrow, title, and closing conditions. The acquisition will allow the City to consolidate ownership and facilitate the widening and realignment of Cherry Avenue and Victoria Street. The purchase price reflects the fair market value as determined by a certified appraiser and concurred with by MWD.

Approval of the sales is scheduled for consideration by the MWD Board on April 14, 2026 or a subsequent meeting. MWD may suggest modifications of the agreement, in which case, staff will have legal counsel review the agreement again for final approval before the City Manager enters into the agreement.

In addition, staff has proceeded with the preparation of a Possession and Use Agreement with MWD.

This agreement is intended to allow the City to proceed with the project while final terms of the purchase are being completed, particularly in the event of delays in MWD Board approval or escrow.

The primary purpose of the Possession and Use Agreement is to support Caltrans Right-of-Way Certification requirements should the Purchase and Sale Agreement not be finalized in time. MWD may suggest modifications of the agreement, in which case, staff will have legal counsel review the agreement again for final approval before the City Manager enters into the agreement.

Intex Corporation
The proposed Agreement for Purchase and Sale and Joint Escrow Instructions is between the City of Fontana and Intex Corporation for the acquisition of APNs 0228-021-49, 0228-021-50, 0228-092-17, and 0228-091-28 (the “Properties”) for the Project. The City requires permanent roadway easements, along with a license to allow for construction activities.

Under the Agreement, Intex will donate the Properties to the City. As part of this process, Intex has executed an Acknowledgement for Donation, as required by Caltrans Right-of-Way procedures, confirming that no compensation will be provided for the conveyed interests.

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File #: 26-0890 Agenda Date: 4/14/2026
Agenda #: H. Category: Consent Calendar
FISCAL IMPACT:

The fiscal impact associated with the approval of the Purchase and Sale Agreement with MWD is $364,800 and is included in the Westgate Improvements Projects #37600042-245-C-8310 and #37600042-630-C-8310. There is no fiscal impact to the Possession and Use Agreement with MWD and Purchase and Sale Agreement with Intex.

MOTION:

Approve staff recommendation.

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P
ROJECT: Building a Better Connected Inland Empire Project APNs: 0228-012-04, 0228-092-18, 0228-021-26
A

GREEMENT FOR ACQUISITION OF PROPERTY

AND JOINT ESCROW INSTRUCTIONS
T

HIS AGREEMENT FOR ACQUISITION OF PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into by and between The Metropolitan Water District of Southern California (“Grantor” or “Seller”); and the CITY OF FONTANA, a Municipal corporation (“City” or “Buyer”) in furtherance of the Building a Better Connected Inland Empire Project (“Project”).

Ins
truments in the form of Grant Deeds (“Deeds”), true copies of which are attached hereto as Exhibit “1” and Exhibit “2” will be executed pursuant this Agreement and will be delivered to Escrow as set forth below.

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

1. P
URCHASE AND SALE; SETTLEMENT OF ALL CLAIMS. For valuable consideration, the sufficiency of which is hereby acknowledged, Seller agrees to convey the Easement for Roadway Purposes (“Easement” or “Property”) and the Temporary Construction Easement (“TCE”) to City via the Deed s and settle al l related claims, including but not limited to, compensation for the Property and compensation for all damages of every kind and nature suffered, or to be suffered, by reason of the acquisition of the Property for the Project.

2. CITY shall:

A. PA
YMENT - Pay to the order of the Seller the sum of Three Hundred Six ty-Four Thousand Eight Hundred Dollars ($364,800) as consideration in full for CITY’s acquisition of the Easements described in the herein referenced Grant Deeds and for entering into this Agreement.

Said sum shall be paid at close of escrow.

It is understood and agreed that the a mount payable in Clause 2(A) above includes compensation in full for the actual possession and use of the Temporary Construction Easement identified as Parcel Nos. 0228-012-04, 0228-0 92-018, a nd 0228-0 21-26 for the period commencing on April 15, 2026 (Right-of-Way Certification Date) and terminating on April 15, 2030.
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W
ritten notice shall be given to Grantor at:

T
he Metropolitan Water District of Southern California
P.

O. Box 54153
Los Angeles, CA 90054-0153
At
tention: Kiernan Callanan, Substructures Manager
B. R
ECORDATION OF INSTRUMENT - Accept the Deed h erein 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.

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

3. The Seller shall:

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

P
ending Claims. To the best of Seller’s knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion s thereof, at law, or in equity before any court or governmental agency, domestic or foreign.

E
ncroachments. 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.

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

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

O
wnership. Seller is the owner of and has the full right, power, and authority to sell, convey, and grant the Property and TCE to CITY as provided herein and to carry out Seller’s obligations hereunder. The party executing this Agreement on behalf of Seller represents and warrants that such person is duly and validly authorized to do so on behalf of Seller.

G
overnmental Compliance. To the best of Seller’s knowledge, Seller has not received any notice from any governmental agency or authority alleging that the area encompassing the 143

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Page 3 ends

Property and TCE is currently in violation of any law, 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”). This Agreement constitutes the joint escrow instructions of CITY and Seller, and the Escrow Agent, to whom these instructions are delivered, is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time not to sixty (60) days.

Within ten (10) business days after the effective date of this agreement, Seller will deposit the Grant Deeds, 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 and the Purchase Price with the Escrow Agent. CITY and Seller agree to deposit with Escrow Agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust accoun t in any State or national bank doing business in the State of California. All disbursements shall be made by check or electronic wire from such account.

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 shall:

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

b) Disburse funds to Seller and record the Grant Deeds when conditions of this escrow 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 $364,800 issued by Commonwealth Land Title Insurance Company showing that title to the herein real property is vested in CITY, free and clear of all recorded and unrecorded liens, encumbrances, assessments, 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 144
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Ag
reement, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation 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 irrevocable commitment of Commonwealth Land Title Insurance Company to issue its CLTA Standard Form Policy of Title Insurance in the amount of the Purchase Pric e showing title to the Easements by Easement Deeds free and clear of all recorded and unrecorded liens, encumbrances, assessments, leases, taxes, and exceptions to title, except the Permitted Exceptions.

B. RIGHT OF ENTRY - Right of Entry for Construction Purposes (“Right of Entry”). Seller hereby grants permission to CITY and/or its employees, contractors, agents and assigns, to enter upon the Property for the purpose of constructing the Project and accomplishing all necessary incidents thereto; provided, however, that prior to entering the Right of Entry Area, CITY shall provide notice to Seller of the date the City will commence its work, with such notice being received by Seller seventy-two (72) hours prior to commencement of work. Notwithstanding, CITY shall not enter upon the Property prior to the Right-of-Wa y Certification Date.

The right of entry permission granted herein is granted in consideration of the location and construction of such roadway improvements and incidents thereto, which it is understood is required by Buyer, and shall continue in effect until the Close of Escrow.

Pursuant to this Paragraph 4B, CITY shall indemnify, 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.

It is agreed and confirmed that notwithstanding other provisions in this Agreement, the right of possession and use of the subject property by the Buyer, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. The amount shown in Clause 2(A), herein includes, but is not limited to, full payment for such possession and use, including dama
ges, if any, from said date.

C. NO RELOCATION - Seller acknowledges a nd agrees t hat neither CITY ’s acquisition of the Property nor the construction and use of the Project have caused or will cause Seller to be a “displaced person” as that t erm is used in C alifornia’s Relocation Assistance Act (Gov. Code §§ 7260 et seq.), California regulations ( Title 25 o f California’s Code of R egulations), the U niform Relocation Assistance and Real Property Acquisition 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.

D. SATISFACTION, WAIVER AND RELEASE – Seller, on behalf 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 and the loss, damage, replacement and moving of any improvements located within the Property 145

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areas. Seller for itself and for its agents, successors and assigns, fully releases, acquits and discharges CITY and its officers, officials, council members, employees, attorneys, 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, including, without limitation, (i) compensation for loss of any improvements, including improvements pertaining to the realty, furniture, fixture, and equipment, (ii) compensation for loss of business goodwill, (ii i) compensation for loss of income (past or future); (iv) compensation for damage to the remainder (i.e., severance damages) (v) economic or consequential 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 receive any financial gain from, the sale of any portion of the Property; (ix) any right to enforce obligation(s) place d upon CITY pursuant to Code of Civil Procedure sections 1245.245 and 1263.615; (x) any rights conferred upon Seller pursuant to Code of Civil Procedure sections 1245.245 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, su ffered or to be suffered, by Seller, its agents, successors and assigns by reason of CITY’s acquisition of the Property, provided that nothing herein shall release claims of Seller for any liability resulting from CITY’s breach of any agreement, obligation, warranty, or covenant for which it is responsible under this Agreement. This waiver does not apply to any claims for damage or injury to any person or property arising from the construction of the Project due to the negligence or 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: _________

E. 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.

F. SUBORDINATION OF DEED OF TRUST - Seller 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 to preserve the permanence of said Easements. Seller agrees and consents to subordination of the Deed of Trust and will cooperate 146

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with CITY in all reasonable respects in seeking subordination s and partial reconveyances , including but not limited to signing documents related to said subordinations/partial reconveyances, which agreement and consent will survive the close of escrow.

G. COMPLETE UNDERSTANDING - This Agreement 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.

H. EFFECTIVE DATE – The effective date of this A greement shall be the date this Agreement is signed by the last party to sign the Agreement.

I. 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.

J. COUNTERPARTS AND FACSIMILE SIGNATURES – This Agreement may be executed in counterparts and each fully-executed copy of the Agreement shall have the same binding force and effect as an original. Facsimile signatures shall have the same force and effect as original signatures.

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

L. SURVIVAL – Any warranties, representations, promises, covenants, agreements, and indemnifications that this Agreement does not require to be fully performed prior to Close of Escrow shall survive Close of Escrow and shall be fully enforceable after Close of Escrow in accordance with their terms.

M. RESTORATION OF PROPERTY - Buyer agrees that it will, at Buyer’s sole cost and expense, restore the Property area to a condition 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.

O. NONDISCRIMINATION - The parties to this Agreement shall, pursuant to Section

21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT – Non-Discrimination Assurance requiring 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 the 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.

[SIGNATURES ON THE FOLLOWING PAGE]

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N
o Obligation Other Than Those Set Forth Herein Will Be Recognized or Enforceable.

Sel
ler:

B
y: ________________________________
N
ame/Title: _________________________
Da
te: _______________________________
D
ate: _____________ CITY OF FONTANA
a Municipal Corporation
B
y: ________________________________
Matthew C. 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
c/o: Engineering Department
8353 Sierra Avenue
Fontana, CA 92335

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 the
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 Numbers: 0228-012-04, 0228-092-18, 0228-021-26

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (“GRANTOR”), hereby grants to the CITY OF FONTANA, A MUNICIPAL CORPORATION (“GRANTEE”), its successors and assigns, a nonexclusive 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 DESCRIPTIONS AND PLAT MAPS, SEE EXHIBITS “A-1” AND “B-1”, “A-2” AND “B-2”, “A-3” AND “B-3” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

It is further understood and agreed that no other easement 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 elevations 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 rooted tree, deep rooted shrubs or other plants or vegetation shall be installed, constructed, erected, placed, planted or maintained in the 149

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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 location 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______.

GRANTOR

By:

Print Name:

Its:

By:

Print Name:

Its:

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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 the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they execu ted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

(Notary 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.
151
Sheet ____ of ____
City Index No. 6317
EXHIBIT “A-1”

LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 6

WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ALSO BEING A PORTION OF PARCEL 2 OF THE GRANT DEED TO METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED JULY 31, 1991 AS DOCUMENT NO. 91-290525 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF CHERRY AVENUE (60.00 FEET EASTERLY HALF WIDTH PER DOCUMENT RECORDED DECEMBER 23, 1998 AS DOCUMENT NO. 1998-0545823 OF OFFICIAL RECORDS IN SAID COUNTY RECORDER'S OFFICE) WITH THE NORTHWESTERLY LINE OF SAID PARCEL 2 OF DOCUMENT NO. 91-290525; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE OF CHERRY AVENUE, SOUTH 00°01’40” WEST, 143.01 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 OF DOCUMENT NO. 91-290525, SOUTH 44°23’48” WEST, 10.89 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCENTRIC WITH AND 68.00 FEET WESTERLY OF THE NEW CENTERLINE OF CHERRY AVENUE PER PARCEL MAP NO. 19564 FILED IN BOOK _____, PAGES _____ THROUGH _____, INCLUSIVE, OF PARCEL MAPS, CONCAVE EASTERLY HAVING A RADIUS OF 2268.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 85°06’01” WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°25’20” AN ARC DISTANCE OF 135.47 FEET TO SAID NORTHWESTERLY LINE OF PARCEL 2 OF DOCUMENT NO. 91- 290525;
THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 44°23’48” EAST, 21.76 FEET TO THE POINT OF BEGINNING.

CONTAINING 1,724 SQUARE FEET (0.040 ACRES), MORE OR LESS; AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE
10/02/2025
152
EXHIBIT "B-1"

DEED PLAT
IN THE NORTHEAST QUARTER OF SECTION 34, T. 1 N., R. 6 W, S.BM IN THE Cl TY OF FONT ANA, COUNTY OF SAN BERNARDI NO,

STATE OF CALIFORNIA
66'
I
� I I I
� -.. ....
� I l �
!If j
120'
80'
LEGEND:

P.0.B. == POINT OF BEGINNING
� = DEDICATION EASEMENT AREA
.... �............... (1,724 S.F. OR 0.040AC.)
I
I\

SOUTH HIGHLAND AVENUE
�
N89•58'S5"W - -- - -t- -rs-
BO'
w:::::>
ifi
�
�
ffi o
60'
50 �

LINE TABLE
LINE# BEARING DISTANCE
L1 S44°23'48'W 10.89'
L2 N44'23'"18'E 21.76'

CURVE DATA TABLE
LINE# DELTA RADIUS LENGTH
C1 03'25'20" 2268.00' 135.47'
! I
I l �
�
I
I
25 o 50 100 I -- ---� i ._____
SCALE 1" = 50' ij
Sheet_of_ j
City Index No. 6317 j
153
Sheet ____ of ____
City Index No. 6319
EXHIBIT “A-2”

LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 6

WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ALSO BEING A PORTION OF THAT CERTAIN 100.00-FOOT

WIDE STRIP OF LAND PER THE GRANT DEED TO METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED NOVEMBER 8, 1991 AS DOCUMENT NO. 91-427275 OF OFFICIAL

RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER ONE QUARTER CORNER OF SECTION 34 AND THE CENTERLINE INTERSECTION OF BANANA AVENUE WITH VICTORIA AVENUE (37.00 FEET NORTHERLY HALF WIDTH AND 45.00 FEET SOUTHERLY HALF WIDTH) AS SHOWN ON PARCEL MAP NO. 19564 FILED IN BOOK _______, PAGES ______ THROUGH ______, INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY;
THENCE ALONG SAID CENTERLINE OF VICTORIA AVENUE, NORTH 89°37’44” EAST, 345.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,446.00 FEET;

THENCE CONTINUING ALONG SAID CENTERLINE OF VICTORIA AVENUE AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°09’31” AN ARC DISTANCE OF 559.23 FEET TO THE NORTHWESTERLY LINE OF SAID 100.00-FOOT WIDE STRIP OF LAND DESCRIBED IN DOCUMENT NO. 91-427275 AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 44°23’48” EAST, 39.99 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCENTRIC WITH AND 37.00 FEET NORTHEASTERLY OF

SAID CENTERLINE OF VICTORIA AVENUE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,483.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 22°22’54” EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°06’41” AN ARC DISTANCE OF 106.41 FEET TO THE SOUTHEASTERLY LINE OF SAID 100.00-FOOT WIDE STRIP OF LAND DESCRIBED IN DOCUMENT NO. 91-427275;
THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 44°23’48” WEST, 86.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCENTRIC WITH AND 45.00 FEET SOUTHWESTERLY OF

SAID CENTERLINE OF VICTORIA AVENUE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,401.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 25°24’22” EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°23’14” AN ARC DISTANCE OF 107.27 FEET TO SAID NORTHWESTERLY LINE OF THE 100.00-FOOT WIDE STRIP OF LAND DESCRIBED IN DOCUMENT NO. 91-427275;
THENCE ALONG SAID NORTH WESTERLY LINE, NORTH 44°23’48” EAS T, 48.88 FE ET TO THE TRUE POINT OF BEGINNING.
154
Sheet ____ of ____
City Index No. 6319

CONTAINING 8,760 SQUARE FEET (0.201 ACRES), MORE OR LESS;

AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF .

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE

10/02/2025
155

CENTER OF
SECTION34
P.O.C.

EXHIBIT "B-2"

DEED PLAT
IN THE SOUTHEAST QUARTER OF SECTION 34, T. 1 N., R. 6 W, S.B.M IN THE Cl TY OF FONT ANA, COUNTY OF SAN BERNARDI NO,

STATE OF CALIFORNIA

VICTORIA AVENUE

REALIGNMENT PER
P.M. NO. 19564,
PMB_/_._
PARCEL3
P.M. NO. 19564,
PMB_/_._

CURVE DATA TABLE
PARCEL 1
P.M. N0.19564,
PMB_I_._
LINE# DELTA RADIUS LENGll-1
C1 22"09'31" 1446.00' 559.23'
! I
I l
�
�
I
I
200 10
_
0 __ 0 20
_
0 ____ 4
�
00 i
LEGEND:

P.O.C. = POINT OF COMMENCEMENT
T.P.O.B. "'TRUE POINT OF BEGINNING
� = ROADDEDl�TlONAREA
.... �................ (8,760 S.F. OR 0.201 AC.)
i
SCALE 1" = 200'
I
Sheet_of_ j
City Index No. 6319 j
156
EXHIBIT "B-2"

DEED PLAT
PARCEL 1
IN THE SOUTHEAST QUARTER OF SECTION 34, T. 1 N., R. 6 W, S.B.M

IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO,
P.M. NO. 19564, PMB_/_-_

VICTORIA AVENUE

REALIGNMENT PER
P.M. NO. 19564,
PMB_/_._

STATE OF CALIFORNIA
APN: 0228-092-18
PARCEl.2 P.M. NO. 19564, PMB_/_-_
N26'1'3"•E 1.AADL
PARCEL3
P.M. NO. 19564,
PMB_/_._
APN: 022!Ml92-18

LINE TABLE
LINE# BEARING DISTANCE
L1 N44•23•4a•E 39.99'
L2 S44•23'48"W 86.44'
L3 N44'23'4&•E 48.88'

CURVE DATA TABLE
LINE# DELTA RADIUS LENG'TH
C1 Z!"Oll '31. 1448.00'
C2 04'06'41" 148:tOO'
C3 04°23'14" 1401.00'
LEGEND:

T.P.O.B. = TRUE POINT OF BEGINNING
� = ROAODEOICATIONAPJ:.A
... �.................. (8,760 S.F. OR 0.201 AC.)
559.23'
106.41'
107.27'
50 \�
\� \f' PARCEL4 P.M. NO. 19564,
PMB_/_._
25 0
N
�
50 100 i
----
� i
S-C-A-LE_:_
1 _" =-5-0' ij
Sheet_of_ j
City Index No. 6319 f
157
Sheet ____ of ____
City Index No. 6313
EXHIBIT “A-3”
Legal Description
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 6

WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ALSO BEING A PORTION OF PARCEL 1 OF THE GRANT DEED TO METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED JULY 31, 1991 AS DOCUMENT NO. 91-290525 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF CHERRY AVENUE (60.00 FEET EASTERLY HALF WIDTH PER DOC. NO. 1536 RECORDED AUGUST 31, 1979 IN BOOK 9762 PAGE 2449 OF OFFICIAL RECORDS IN SAID COU NTY RECORDER'S OFFICE) WITH THE SOUTHEASTERLY LINE OF SAID PARCEL PER DOCUMENT NO. 91-290525; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF CHERRY AVENUE NORTH 00°01’40” EAST,

71.71 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF SOUTH HIGHLAND AVENUE AS DESCRIBED IN DOCUMENT NO. 1998-0545821 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 47°42’08” EAST, 30.06 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SOUTH HIGHLAND AVENUE (33.00 FEET SOUTHERLY HALF WIDTH);
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 89°56’55” EAST, 67.70 FEET TO SAID SOUTHEASTERLY LINE OF DOCUMENT NO. 91-290525;
THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 44°23’48” WEST, 34.96 FEET; THENCE NORTH 89°56’55” WEST, 5.49 FEET;
THENCE SOUTH 75°59’50” WEST, 27.76 FEET;
THENCE SOUTH 44°50’35” WEST, 14.56 FEET;
THENCE SOUTH 13° 48’02” WEST, 19.04 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCENTRIC WITH AND 86.00 FEET EASTERLY OF THE NEW CENTERLINE OF CHERRY AVENUE PER PARCEL MAP NO. 19564 FILED IN BOOK ______, PAGES ______ THROUGH _____, INCLUSIVE OF PARCEL MAPS, CONCAVE EASTERLY HAVING A RADIUS OF 2114.00 FEET , A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 89°08’04” WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°20’18” AN ARC DISTANCE OF 12.48 FEET TO SAID SOUTHEASTERLY LINE OF DOCUMENT NO. 91-290525; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 44°23’48” WEST, 26.44 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF CHERRY AVENUE AND THE POINT OF BEGINNING. 158
Sheet ____ of ____
City Index No. 6313
CONTAINING 3,103 SQUARE FEET (0.071 ACRES), MORE OR LESS; AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF .

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE
10/02/2025
159
LINE#
L1
L2
L3
I-'
L5
LB
L7
LB
L9
EXHIBIT "B-3"

DEED PLAT
IN THE NORTHWEST QUARTER OF SECTION 35, T. 1 N., R. 6 W, S.B.M IN THE Cl TY OF FONT ANA, COUNTY OF SAN BERNARDI NO,

STATE OF CALIFORNIA
80'
N89'56'55"W
�+
M'I'
� MWDSC
PROPOSED DOC. NO. 91-290525 O.R.

DEDICATION PER REC. 0713111991
DOC. NO. __ _

SOUTH HIGHLAND AVENUE
�
-fS-1':'.-�
EX. RfN LINE PER DOC. 'f.

N0.1998-0545821 �
11,11 RECD 1212311998 f8
I
12D'
�I
80'
LEGEND:
r LINE OF DOC. NO. 91 -290525
O.R. REC. 07.131/111&1
•IJ8'04'W (RADl_
"4T4&'W (RAD) ------
APN: 0228-021-49
PARCEL A OF DOC.

NO. 2020-0112742 O.R.

REC.03131/2020
LINE TABLE P.0.B. : POINT OF BEGINNING

BEARING DISTANCE
N00'01'-40"E 71.71'
N47°42'08"E 30.0S'
S89"56'56"E 67.70'
S44"23'48'W 34.96'
NW56'56"W 5.49'
fl15"5!15'1'W 27.76'
S44'50'36'W 14.56'
S13'48'02"W 19.04'
S44"23'48"W 26.44'
�
: DEDICATION EASEMENT AREA
._......,_._.. (3. 103 S.F. OR 0.071 AC.)
60 30 0 6_0
___
_ 120 i
SCALE 1" = 60'
LINE#
C1

CURVE DATA TABLE
DELTA RADIUS LENG111
00'20'18" 2114.00' 12.48' Sheet_of_ j
City Index No. 6313 j
160
Building a Better Connected Inland Empire Project ______/_____ ______/______ APN: 0228-012-04, 0228-092-018, and 0228-021-26 Seller’s Initials Buyer’s Initials

Page 13 ends

RTIFICATE OF ACCEPTANCE

NONEXCLUSIVE PERMANENT ROADWAY EASEMENT
T
his is to certify that the interest in the real property conveyed by the Grant of Permanent Easement ( Assessor Parcel No s. 0228-012-04, 0228- 092-18, 0228 -021-26) dated _________________________ from THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, (“GRANTOR”) to the CITY OF FONTANA , A MUNICIPAL CORPORATION (“GRANTEE”), is hereby accepted by the undersigned on behalf of 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/City Engineer
161

Building a Better Connected Inland Empire Project ______/_____ ______/______ APN: 0228-012-04, 0228-092-018, and 0228-021-26 Seller’s Initials Buyer’s Initials

Page 11 ends

EXHIBIT 2
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

Space above this line for Recorder's Use

GRANT OF TEMPORARY CONSTRUCTION EASEMENT DEED

Assessor's Parcel Number: 0228-012-04, 0228-092-18, 0228-021-26 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, (“GRANTOR”), hereby grants to the CITY OF FONTANA, A MUNICIPAL CORPORATION (“GRANTEE”), its successors and assigns, a nonexclusive Temporary Construction Easement for street, highway and public utility purposes over, under, and upon the real property in the City of Fontana, County of San Bernardino, State of California described as follows:

FOR LEGAL DESCRIPTIONS AND PLAT MAPS, SEE EXHIBITS “A-1” AND “B-1”, “A-2” AND “B-2”, “A-3” AND “B-3” ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF (hereinafter, the “TCE Area”).

Said grant of easement is for the purpose of constructing, reconstructing and/or repairing permanent physical roadway improvements in connection with the City of Fontana Building a Better Connected Inland Empire Project (“Project”).

GRANTEE shall provide GRANTORS, and their agents, invitees, customers and assigns, reasonable access on, over, through, across and along the TCE Area at all times during the term of this Temporary Construction Easement (the “TCE Term”).

Temporary Construction Easement shall be for a period not to exceed forty -eight (48) months, commencing upon receipt of Right of Way Certification from Caltrans on April 15, 2026 and ending on April 15, 2030.

162

Building a Better Connected Inland Empire Project ______/_____ ______/______ APN: 0228-012-04, 0228-092-018, and 0228-021-26 Seller’s Initials Buyer’s Initials

Page 12 ends

By the expiration of the Temporary Construction Easement, GRANTEE shall restore such property to a condition as near as practicable to the condition that existed immediately prior to GRANTEE'S operations. GRANTEE shall not be required to restore vegetation to the pre-existing condition.

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

Dated this __________ day of ___________, 20______.

The Metropolitan Water District of Southern
California

By:

Print Name:

Its:

By:

Print Name:

Its:

163

Building a Better Connected Inland Empire Project ______/_____ ______/______ APN: 0228-012-04, 0228-092-018, and 0228-021-26 Seller’s Initials Buyer’s Initials

Page 15 ends

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)

LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 6

WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ALSO BEING A PORTION OF PARCEL 2 OF THE GRANT DEED TO METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED JULY 31, 1991 AS DOCUMENT NO. 91-290525 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCINGATTHE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF CHERRY AVENUE (60.00 FOOT WESTERLY HALF WIDTH PER DOCUMENT RECORDED DECEMBER 23, 1998 AS DOCUMENT NO. 1998-0545823 OF OFFICIAL RECORDS IN SAID COUNTY RECORDER'S OFFICE) WITH THE NORTHWESTERLY LINE OF SAID PARCEL 2 OF DOCUMENT NO. 91-290525; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 44°23'48" WEST, 21.76 FEET TO THE TRUE

POINT OF BEGINNING, THE BEGINNING OF A NON-TANGENT CURVE CONCENTRIC WITH AND

68.00 FEET WESTERLY OF THE NEW CENTERLINE OF CHERRY AVENUE PER PARCEL MAP NO. 19564 FILED IN BOOK __ , PAGES __ THROUGH __ , INCLUSIVE,OF PARCEL MAPS IN SAID COUNTY RECORDER'S OFFICE, CONCAVE EASTERLY HAVING A RADIUS OF 2268.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID CURVE BEARING SOUTH 88°31'22"WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°25'20" AN ARC DISTANCE OF 135.47 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 2 OF DOCUMENT NO. 91-290525;
THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 44°23'48" WEST, 31.74 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2224.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID CURVE BEARING SOUTH 84°32'39"WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°27'38" AN ARC DISTANCE OF 134.33 FEET TO SAID NORTHWESTERLY LINE OF PARCEL 2 OF DOCUMENT NO. 91- 290525;
THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 44°23'48" EAST, 33.45 FEET TO THE TRUE POINT OF BEGINNING.

Sheet of
City Index No.
165
Sheet ____ of ____
City Index No.

CONTAINING 3,259 SQUARE FEET (0.075 ACRES), MORE OR LESS.

SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE
12/19/2025
166
EXHIBIT "B-1"

DEED PLAT
IN THE NORTHEAST QUARTER OF SECTION 34, T. 1 N., R. 6 W, S.BM IN THE Cl TY OF FONT ANA, COUNTY OF SAN BERNARDI NO,

STATE OF CALIFORNIA
I
•31•22-w (RAD) l I- - -- 120'
Ill'
'l----}--=68'---i I
I
a: I i 0:: a: �
f-.. ....
� I l �
ZD. ifi!i
I _!85'06'Dt!! (IW)l
LEGEND:

P.0.C. == POINT OF COMMENCEMENT
T.P.O.B. "TRUE POINT OF BEGINNING
ftJ
�
== TEMPORARY CONSTRUCTION EASEMENT AREA
-� ............ (3,259 S.F. OR0.075AC.)
120'
I
I\

SOUTH HIGHLAND AVENUE
�
N89'58'55"W - - --�- -rs-
60'
w
::::::>
t5
�
�
ffi
�
60'
50 25
�

CURVE DATA TABLE
UNE# DaTA RADIUS LENGTI-1
C1 03°2b"20" 2288.DO' 135.4r
C2 03"27'38" 2224.00' 134.33'

LINE TABLE
LINE# BEARING DISTANCE
L1 S44"23'48'W 21.78'
L2 S44"23'48'W 31.74'
L3 N44'23'48"E 33.46'
N
I I
0 50 ____ 1oou
�---• �I
SCALE 1" = 50' 1� ..
�H
Sheet_of_ H
City Index No.__ f � ....._ _______________________________ ...... B 167
EXHIBIT "A-2"

LEGAL DESCRIPTION
THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH , RANGE 6

WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA , COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA , ALSO BEING A PORTION OF THAT CERTAIN 100.00-FOOT WIDE STRIP OF

LAND PER GRANT DEED TO METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED NOVEMBER 8, 1991, AS DOCUMENT NO. 91-427275 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

PARCEL A
COMMENCINGATTHE CENTER OF SECTION 34ANDTHE CENTERLINE INTERSECTION OF BANANA AVENUE (30.00 FOOT WESTERLY HALF-WIDTH) AND VICTORIA STREET (37.00 FOOT NORTHERLY HALF WIDTH AND 45.00 FOOT SOUTHERLY HALF WIDTH) AS SHOWN ON PARCEL MAP NO. 19564 FILED IN BOOK __ , PAGES __ THROUGH __ , INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY;
THENCE ALONG SAID CENTERLINE OF VICTORIA STREET, NORTH 89°37'44" EAST, 345.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,446.00 FEET;

THENCE CONTINUING ALONG SAID CENTERLINE OF VICTORIA STREET, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°09'31" AN ARC DISTANCE OF 559.23 FEET TO THE NORTHWESTERLY LINE OF SAID 100.00-FOOT WIDE STRIP OF LAND DESCRIBED IN DOCUMENT NO. 91-427275, HEREINAFTER REFERRED TO AS POINT"A".

THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 44°23'48" EAST, 39.99 FEET TO THE

NORTHEASTERLY RIGHT OF WAY LINE OF VICTORIA STREET, AND THE TRUE POINT OF BEGINNING OF PARCEL A;
THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF DOCUMENT NO. 91-427275, NORTH 44°23'48" EAST, 23.70 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, CONCENTRIC WITH AND 59.00 FEET NORTHEASTERLY OF SAID CENTERLINE OF VICTORIA STREET, HAVING A RADIUS OF 1,505.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID CURVE BEARING NORTH 22°43'11" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRALANGLE OF 04°02'36" AN ARC DISTANCE OF 106.21 FEET TO THE SOUTHEASTERLY LINE OF SAID 100.00-FOOT WIDE STRIP OF LAND DESCRIBED IN DOCUMENT NO. 91-427275;
THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 44 °23'48" WEST, 23.10 FEET TO SAID

NORTHEASTERLY RIGHT OF WAY LINE OF VICTORIA STREET, THE BEGINNING OF A NON-TANGENT CURVE CONCENTRIC WITH AND 37.00 FEET NORTHEASTERLY OF SAID CENTERLINE OF VICTORIA STREET, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,483.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID CURVE BEARING NORTH 26°29'34" EAST; Sheet of
City Index No.
168
Sheet ____ of ____
City Index No.

THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CEN TRAL ANGLE OF 04°06’41” AN ARC DISTANCE OF 106.41 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL A .

CONTAINING 2,339 SQUARE FEET (0.054 ACRES), MORE OR LESS.

PARCEL B

COMMENCING AT ABOVE DESCRIBED POINT “A”;

THENCE ALONG SAID NORTHWESTERLY LINE OF THE 100.00- FOOT WIDE STRIP OF LAND DESCRIBED IN DOCUMENT NO. 91-427275, SOUTH 44°23’48 ” WEST, 48.88 FEET TO THE TRUE

POINT OF BEGINNING OF PARCEL B ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF VICTORIA STREET, THE BEGINNING OF A NON-TANGENT CURVE CONCEN TRIC WITH AND 45.00 FEET

SOUTHWESTERLY OF SAID CENTERLINE OF VICTORIA STREET , CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,401.00 FEET, A RADIAL LINE THR OUGH THE BEGINNING OF SAID CURVE BEARING NORTH 21°01’08” EAST;

THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°23’14” AN ARC DISTANCE OF 107.27 FEET TO SAID SOUTHEASTERLY LINE OF THE 100.00-FOOT WIDE STRIP OF LAND DESCRIBED IN DOCUMENT NO. 91-427275;

THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 44°23’4 8” WEST, 21.17 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCENTRIC WITH AND 20.00 FEET SOUTHWESTERLY OF

SAID SOUTHWESTERLY RIGHT OF WAY LINE, CONCAVE SOUTH WESTERLY HAVING A RADIUS OF 1,381.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID CURVE BEARING NORTH 25°07’13” EAST;

THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CEN TRAL ANGLE OF 04°27’38” AN ARC DISTANCE OF 107.51 FEET TO SAID NORTHWESTERLY LINE OF THE 100.00-FOOT WIDE STRIP OF LAND DESCRIBED IN DOCUMENT NO. 91-427275;

THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 44°23’4 8” EAST, 21.82 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL B .

CONTAINING 2,148 SQUARE FEET (0.049 ACRES), MORE OR LESS.

AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE
12/19/2025
169
EXHIBIT "B-2"

DEED PLAT
IN THE SOUTHEAST QUARTER OF SECTION 34, T. 1 N., R. 6 W, S.B.M IN THE Cl TY OF FONT ANA, COUNTY OF SAN BERNARDI NO,

STATE OF CALIFORNIA
LEGEND:

PARCEL3

VICTORIA AVENUE

REALIGNMENT PER
P.M. NO. 19564,
PMB_/_-_
PM NO. 19564 ,
PMB __ _/ __ -_ _

CURVE DATA TABLE
UNE# oaTA RADIUS LENGTI-1
C1 22"09'31" 1446.00' 558.23'
P.O.C. = POINT OF COMMENCEMENT
T.P.O.B. "'TRUE POINT OF BEGINNING
� = TEMPORARY CONSTRUCTION EASEMENT AREA
.... � ................ PMCaA(2,339 S.F. OR0.054AC.)
PMCa B (2,148 S.F. OR 0.1MB AC.)
PARCEL1
PM NO. 19564,
PMB _ _/ __ -__
PMCa4
P.M. NO. 111664,
_, ___
0�
'°

PARCELA
PMCa2
P.M. NO. 19564,
PMB_I_-_
!
I
I
200 100 o 200 400 I -- ----� � !
SCALE 1" = 200'
I
Sheet_of_ j
City Index No.__ j
170
PARCEL1
EXHIBIT "B-2"

DEED PLAT
PMl·M-,
. 19
:8°'� IN THE SOUTHEAST QUARTER OF SECTION 34, T. 1 N., R. 6 W, S.B.M IN THE Cl TY OF FONT ANA, COUNTY OF SAN BERNARDI NO,

VICTORIAAVENUE STATE OF CALIFORNIA

REALIGNMENT PER
,. � P.M. NO. 19564, , f;1, PMB_/_._ , � , 7�
'� '�-
EXIS11NG METROPOLITAN
WATER DIS"mlCTRO.W.

DOC. NO. 91427275
RECORDED NOVEMB� \:(t... '�
(_� 'C
4 �!:!�li't � St, c, l1cr0p---�)
�f, rrl4 1
i POINT "A• � ' "· I
P.O.C. PARCEL B
m1·01·o&·---
N2()"39'3S'E�
PARCEL3
P.M. NO. 19564,
PMB_/_._
APN: 0228-092-18
DOC. NO. 91..f27275
RECORDED NOVEMBER 8, 1991

LINE TABLE
LINE# BEARING DISTANCE
L1 N44'23'48•E 39.99'
L2 N44•23•4&•E 23.70'
L3 S44"23'48'W 23.10'
L4 S44"23'48'W 86.44'
L5 S44"23'48'W 21.17'
L6 N44'23'48•E 21.82'
L7 S44"23'48'W 48.88'
LEGEND:

T.P.O.B. = TRUE POINT OF BEGINNING
LINE#
C1
C2
C3
C4
C6
� = TEMPORARY CONSTRUCTION EASEMENT AREA
.... � ................ PARCaA(2,339 S.F. OR0.054AC.)
PARCa B (2,148 S.F. OR 0.1MB AC.)
APN: 0228-092-18

PARCELA
\�
\ '\ \�
\� \\.
\� \�
\� , PARCa4
\� P.M. N0.19564,
f" PMS_/_-_

CURVE DATA TABLE
DELTA RADIUS LENGTI-1
22'09'31· 1448.00' 569.23'
04•02'36· 1505.00' 106.21'
04"06'41· 1463.00' 106.41'
04•23•14• 1401.00' 107.27'
04•27'38· 1381.00' 107.51'
PARCEL2
P.M. NO. 19564,
a_,_._
•451
- lfB!_�t
!_�t
!
I
'--r"""1-1-- I
50 25 o 50 100 I
•-■--- ----� �
SCALE 1" = 50'
Sheet_of_ j
City Index No.__ j
171
EXHIBIT "A-3"

TEMPORARY CONSTRUCTION EASEMENT
CHERRY AVENUE & S. HIGHLAND AVENUE
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ALSO BEING APORTION OF PARCEL 1 OF THE GRANT

DEED TO METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED JULY 31, 1991 AS DOCUMENT NO. 91-290525 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF CHERRY AVENUE (60.00 FEET EASTERLY HALF WIDTH PER DOC. NO. 1536 RECORDED AUGUST 31, 1979 IN BOOK 9762 PAGE 2449 OF OFFICIAL RECORDS IN SAID COUNTY RECORDER'S OFFICE) WITH THE SOUTHEASTERLY LINE OF SAID PARCEL PER DOCUMENT NO. 91-290525;

THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE, ALONG SAID SOUTHEASTERLY LINE, NORTH 44°23 '48" EAST, 26.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCENTRIC WITH AND 86.00 FEET EASTERLY OF THE NEW CENTERLINE OF CHERRY AVENUE PER PARCEL MAP NO. 19564 FILED IN BOOK __ , PAGES __ THROUGH __ ,

INCLUSI VE OF PARCEL MAPS, IN SAID COUNTY RECORDER'S OFFICE, CONCAVE EASTERLY HAVING A RADIUS OF 2,114.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID CURVE BEARING SOUTH 88° 47'46" WEST, AND THE TRUE POINT OF BEGINNING;

THENCE DEPARTING SAID SOUTHEASTERLY LINE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 20' 18" AN ARC DISTANCE OF 12.48 FEET; THENCE NORTH 13°48'02" EAST, 19.04 FEET;
THENCE NORTH 44°50'35" EAST, 14.56 FEET;
THENCE NORTH 75°59'50" EAST, 10.31 FEET;
THENCE SOUTH 00°03 '05" WEST, 14.19 FEET;
THENCE SOUTH 13° 48'02" WEST, 6.19 FEET TO SAID SOUTHEASTERLY LINE OF DOCUMENT NO. 91-290525;
THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 44°23'48" WEST, 33.02 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 582 SQUARE FEET (0.013 ACRES), MORE OR LESS; Sheet of
City Index No. __
172
Sheet ____ of ____
City Index No. ____
AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE

01/08/2026
173
EXHIBIT "B-3"
IN THE NORTHWEST QUARTER OF SECTION 35, T 1 N., R. 6 W, S.BM

IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA
P.O.C.
120'
60'
�I
LEGEND:

P.O.C.

T.P.Q.B.
"POINT OF COt&IENCEMENT
"1RUE POINT OF BEGINNING
� =TEMPORARY CONSlRUCTION
�"-"-"-"-"-'I EASEMENT AREA --- ( 582 S.F. OR 0.013 AC.)

LINE TABLE
LINE# BEARING DISTANCE
L1 N44"23'48"E 26.44'
L2 N13"48'G2"E 19.04'
L3 N44"50'35"E 14.58'
60'
SOUTH HIGHLAND AVENUE ti
--1'8--i-�-
91 N
§� - �
. "-.. 1"- SE'L Y LINE OF DOC. NO. 91-290525
v.. O.R. REC. 07/31/1991
I �:JUl"flRY14' �l_
___ 1
. P.O.B.
60 30 0
APN: 0228-0'21-48
PARCEL A OF DOC .

NO. 2020-01127'2 O.R
REC.03131/2020
60 SCALE 1" = 60'
120
L4 N75'58'50"E 10.31' CURVE DATA TABLE
L5 S00'03'05"W 14.19'
L8 S13"48'02-W 6.19'
LT S44"23'48"W 33.0'l
LINE#
C1
DaTA RADIUS
00'20'18" 2114.00'
LENG11-1

12.48' Sheet_of_
City Index No._
174
Building a Better Connected Inland Empire Project ______/_____ ______/______ APN: 0228-012-04, 0228-092-018, and 0228-021-26 Seller’s Initials Buyer’s Initials

Page 16 ends

RTIFICATE OF ACCEPTANCE

GRANT OF TEMPORARY CONSTRUCTION EASEMENT
T
his is to certify that the interest in the real property conveyed by the Grant of Temporary Construction Easement (Assessor Parcel Nos. 0228-012-04, 0228-092-18, 0228-021-26) dated _________________________ from THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, (“GRANTOR”) to the CITY OF FONTANA, A MUNICIPAL CORPORATION (“GRANTEE”), is hereby accepted by the undersigned on behalf of 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/City Engineer
175
1 AGREEMENT FOR POSSESSION AND USE
(Right of Entry)

This Agreement for Possession and Use (“Agreement”) is made and dated for reference purposes as of the date set forth below, by and between The Metropolitan Water District of Southern California ("Owner"), and the City of Fontana, a Municipal Corporation (“City”) concerning the Building a Better Connected Inland Empire Project (“Project”), which will result in the construction of certain roadway and other public improvements in the City of Fontana. .

Recitals

WHEREAS, Owner is the owner of certain vacant real property located within the Project area along Victoria Avenue and Cherry Avenue and identified as County of San Bernardino County Assessor’s number s 0228-012-04, 0228-092-18, and 0228 -021-26 (“Property”);

WHEREAS, the Project requires the City’s acquisition of interests in the Property which are more particularly described on the attached Exhibits "A-1” through “A-3" and depicted on the attached Exhibits “B-1” through “B-3” (collectively, the “Interests”);

WHEREAS, City requires immediate possession of the Interests to construct the Project; and

WHERAS, the Parties acknowledge and agree that any delay in the start of construction of the Project is contrary to public interest; and

WHEREAS, Owner is willing to allow City to obtain immediate possession of the Interests based upon the terms below;

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants herein contained and other consideration, receipt and sufficiency of which the parties hereby acknowledge, City and the Owner (collectively, the “Parties”) agree as follows:

Possession

1. Owner, and each of its successors and assigns, hereby irrevocably grant to City, its employees, contractors, agents, and all others deemed necessary by City the irrevocable right to exclusive possession and use of the Interests for the construction of the Project including the right to remove and dispose of improvements therein located.

176
2 2. In consideration for this irrevocable grant of possession and use, City will tender into Escrow the sum of Three Hund red Sixty Four Thousand Eight Hundred Dollars ($364,800) as set forth below.

Escrow

3. This transaction will be handled through an escrow with Commonwealth Title and Escrow , Escrow No. _______________ (“Escrow”). City shall pay all Escrow fees incurred in this transaction.

4. Within 5 days following the opening of Escrow, City will deposit the amount of Three Hundred Sixty Four Thousand Eight Hundred Dollars ($ 364,800) with Escrow.

Owner shall not be entitled to receive any proceeds from Escrow until:

a. All holders of liens, encumbrances and interests affected by the acquisition of the Interests have received full payment for all principal and interest due to them and have either executed a reconveyance of their interests in the Property, or have waived their right to compensation for City ’s acquisition of the interests and have consented to payment to Owner; and

b. City has acknowledged in writing that it concurs that all other parties having interests in the Parcel have received full payment or have consented to Owner’s withdrawal.

5. This Escrow shall remain open until either a final settlement, or until termination of this Agreement . Any sum disbursed to the Owner from this Escrow shall be deducted from the ultimate amount received by Owner , or its successors or assigns, as a result of any settlement.

Effective Date

6. This Agreement is effective as of the date that it is fully executed by all parties (the “Effective Date“). From and after the Effective Date, Owner will not voluntarily assign, sell, encumber or otherwise transfer all or any portion of its interest in the Interests without first obtaining the prior written consent of City.

Just Compensation and Appraisal

7. The amount deposited into and any payment from Escrow as a result of this Agreement shall be equivalent to a deposit and payment under California Code of Civil Procedure section 1255.010. The use at trial of such deposit or withdrawal, including but not limited to the appraisal or appraisal summary statement upon which the deposit was based, shall be governed by Code of Civil Procedure section 1255.060.

177
3 No Revocation; Binding Upon Heirs; Covenants Run With the Land

8. The promises, obligations, and rights conveyed to herein (i) may not be unilaterally revoked by Owner, (ii) are binding upon and inure to the benefit of and upon the Parties , their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any portion of or interest in the Interests, or any interest therein whether by operation of law or any manner whatsoever, and (iii) are covenants running with the land pursuant to applicable law, including but not limited to Section 1468 of the Civil Code of the State of California.

Taxes

9. Owner agrees to continue to submit payment, when due, to the County tax collector for all taxes and special assessments on the Property that are due. After the date title of the Interests transfers to City, City will request that the County tax collector readjust taxes and/or special assessments for the period from the date of possession to the date title of the Interests transferred to City. After the tax adjustment request is made by City, Owner may file a claim with the County tax collector for a refund of any tax overpayment. Notwithstanding any other provision of this Agreement, no cancellation shall be made of all or any portion of any taxes that were due prior to the date of possession but which were unpaid; Escrow shall pay in a timely manner all delinquent property taxes due from the sums deposited into Escrow.

Eminent Domain Proceedings

10. This agreement is made with the understanding that City will continue to negotiate in good faith with Owner to acquire the Interests by direct purchase without the need for the filing of an eminent domain action. It is further understood that in the event a settlement is not reached within ninety (90) days of the execution of this Agreement, that City may file its complaint in eminent domain to condemn the Parcel.

11. If City begins proceedings in eminent domain, i t is understood and agreed that this Agreement shall continue in effect either until a settlement is reached or a Final Order of Condemnation is issued by the court pursuant to Section 1268.030 of the California Code of Civil Procedure in regard to the Interests , or the Agreement is terminated by City, whichever comes first.

Waiver Of Challenges To Right To Take;
Admission Of Public’s Interest, Necessity And Use

12. Owner waives in any eminent domain proceeding filed by City any right it may have to challenge City’s right to possess and use the Interests as set forth herein, and the only issue in said eminent domain proceeding shall be the amount of just compensation for the property Interests.

178
4 13. By granting this irrevocable right to possession and use of the Interests to City, Owner hereby expressly waives its right to appear and be heard before City’s City Council and hereby stipulates to the truth of the matters listed below:

a. The public interest and necessity require the Project.

b. The Project is planned or located in the manner that will be more compatible with the greatest public good and the least private injury.

c. The Interests sought to be acquired are necessary for the Project.

d. An offer in compliance with Government Code section 7267.2 has been made to Owner.

Refund

14. In the event the ultimate amount of any settlement, award, or verdict in any eminent domain action is less than the total of the sums paid into Escrow and withdrawn by Owner pursuant to this Agreement, Owner shall refund the difference including interest to City. Interest shall be calculated pursuant to Section 1268.350 of the Code of Civil Procedure.

Date of Valuation

15. The date of valuation for determining the amount of just compensation for the Interests in any eminent domain proceeding shall be the date on which City is authorized to take actual possession of said Interests pursuant to this Agreement and not any other date.

Interest

16. Compensation awarded in an eminent domain proceeding shall draw interest as prescribed in sections 1268.310 et seq. of the Code of Civil Procedure. Owner shall be entitled to receive interest on any sum received as compensation for the Interests, whether pursuant to this Agreement, a subsequent settlement or court judgment, beginning on the date City takes possession of the Interests pursuant to this Agreement and ending on the earliest of the dates as provided in Code of Civil Procedure section 1268.320.

Hazardous Materials

17. If any hazardous materials are present within the area of the Interests on the date City takes possession of the Interests, Owner shall be responsible for and bear the entire cost of all removal, disposal, clean- up and decontamination which may be required because of these hazardous materials. Owner shall further hold City, its officers and employees harmless from all responsibility, liability and claims for damages to 179
5 persons or property resulting from the existence or use of hazardous materials which are present on the Interests on the date City takes possession under this Agreement.

Abandonment

18. City reserves the right to unilaterally terminate this Agreement at any time, and City reserves the right to abandon the eminent domain proceeding in whole or in part at any time after the commencement of the proceeding in eminent domain.

Successors In Interest

19. This Agreement shall also extend to, inure to the benefit of, and bind the heirs, devisees, executors, administrators, legal representatives, successors, and assigns of the parties. Any amounts disbursed to Owner pursuant to this Agreement shall be deemed to have been disbursed to the heirs, devisees, executors, administrators, legal representatives, successors, and assigns of the Owner.

Memorandum Of Agreement

20. Upon request by City , Owner agrees to execute and City shall record a memorandum of this Agreement.

Authority to Execute and Bind

21. The undersigned warrants that he/she/it is the authorized signatory of the Owner as to the Interests and are authorized to provide this irrevocable right to possession to City and do so on behalf of parties having an ownership or possessory interest in the Interests.

Entire Agreement; Severability; Amendments; Counterparts

22. This Agreement reflects the entire agreement between the Parties and shall supersede all prior or contemporaneous oral or written understandings, statements, representations or promises between the Parties concerning the matters contained herein. This Agreement may only be amended by written agreement, executed by all Parties.

23. In case any part, term, portion or provision of this Agreement is determined to be illegal, invalid or unenforceable, the remaining parts, terms, portions and provisions shall remain valid, enforceable, and in full force and effect.

24. This Agreement has been negotiated in good faith and each party warrants and represents that in executing this Agreement, they are not relying upon any representation, promise, inducement or statement made in negotiation that has not been included in the terms of this Agreement.

180
6 25. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

P
ossession

26. Cit
y is hereby authorized to take possession of the Interests upon the date that City tenders the amount of $364,800 into Escrow.

I
N WITNESS WHEREOF the parties have executed this Agreement the day and year set forth below.
“CITY”
D
ate: __________________

CITY OF FONTANA
a Municipal Corporation
B
y: _______________________________
Matthew C. Ballantyne
City Manager
“OWNER”
D
ate: __________________
The Metropolitan Water District
of Southern California
_______
________________________
Print Name: _____________________
Title: __________________________
181
Sheet ____ of ____
City Index No. 6317
EXHIBIT “A-1”

LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 6

CONTAINING 1,724 SQUARE FEET (0.040 ACRES), MORE OR LESS; AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE
10/02/2025
182
EXHIBIT "B-1"

DEED PLAT
IN THE NORTHEAST QUARTER OF SECTION 34, T. 1 N., R. 6 W, S.BM IN THE Cl TY OF FONT ANA, COUNTY OF SAN BERNARDI NO,

STATE OF CALIFORNIA
66'
I
� I I I
� -.. ....
� I l �
!If j
120'
80'
LEGEND:

P.0.B. == POINT OF BEGINNING
� = DEDICATION EASEMENT AREA
.... �............... (1,724 S.F. OR 0.040AC.)
I
I\

SOUTH HIGHLAND AVENUE
�
N89•58'S5"W - -- - -t- -rs-
BO'
w:::::>
ifi
�
�
ffi o
60'
50 �

LINE TABLE
LINE# BEARING DISTANCE
L1 S44°23'48'W 10.89'
L2 N44'23'"18'E 21.76'

CURVE DATA TABLE
LINE# DELTA RADIUS LENGTH
C1 03'25'20" 2268.00' 135.47'
! I
I l �
�
I
I
25 o 50 100 I -- ---� i ._____
SCALE 1" = 50' ij
Sheet_of_ j
City Index No. 6317 j
183
Sheet ____ of ____
City Index No. 6319
EXHIBIT “A-2”

LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 6

WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ALSO BEING A PORTION OF THAT CERTAIN 100.00-FOOT

WIDE STRIP OF LAND PER THE GRANT DEED TO METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED NOVEMBER 8, 1991 AS DOCUMENT NO. 91-427275 OF OFFICIAL

RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

CONTAINING 8,760 SQUARE FEET (0.201 ACRES), MORE OR LESS;

AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF .

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE

10/02/2025
185

CENTER OF
SECTION34
P.O.C.

EXHIBIT "B-2"

DEED PLAT
IN THE SOUTHEAST QUARTER OF SECTION 34, T. 1 N., R. 6 W, S.B.M IN THE Cl TY OF FONT ANA, COUNTY OF SAN BERNARDI NO,

STATE OF CALIFORNIA

VICTORIA AVENUE

REALIGNMENT PER
P.M. NO. 19564,
PMB_/_._
PARCEL3
P.M. NO. 19564,
PMB_/_._

CURVE DATA TABLE
PARCEL 1
P.M. N0.19564,
PMB_I_._
LINE# DELTA RADIUS LENGll-1
C1 22"09'31" 1446.00' 559.23'
! I
I l
�
�
I
I
200 10
_
0 __ 0 20
_
0 ____ 4
�
00 i
LEGEND:

DEED PLAT
PARCEL 1
IN THE SOUTHEAST QUARTER OF SECTION 34, T. 1 N., R. 6 W, S.B.M

IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO,
P.M. NO. 19564, PMB_/_-_

VICTORIA AVENUE

REALIGNMENT PER
P.M. NO. 19564,
PMB_/_._

STATE OF CALIFORNIA
APN: 0228-092-18
PARCEl.2 P.M. NO. 19564, PMB_/_-_
N26'1'3"•E 1.AADL
PARCEL3
P.M. NO. 19564,
PMB_/_._
APN: 022!Ml92-18

LINE TABLE
LINE# BEARING DISTANCE
L1 N44•23•4a•E 39.99'
L2 S44•23'48"W 86.44'
L3 N44'23'4&•E 48.88'

CURVE DATA TABLE
LINE# DELTA RADIUS LENG'TH
C1 Z!"Oll '31. 1448.00'
C2 04'06'41" 148:tOO'
C3 04°23'14" 1401.00'
LEGEND:

T.P.O.B. = TRUE POINT OF BEGINNING
� = ROAODEOICATIONAPJ:.A
... �.................. (8,760 S.F. OR 0.201 AC.)
559.23'
106.41'
107.27'
50 \�
\� \f' PARCEL4 P.M. NO. 19564,
PMB_/_._
25 0
N
�
50 100 i
----
� i
S-C-A-LE_:_
1 _" =-5-0' ij
Sheet_of_ j
City Index No. 6319 f
187
Sheet ____ of ____
City Index No. 6313
EXHIBIT “A-3”
Legal Description
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 6

71.71 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF SOUTH HIGHLAND AVENUE AS DESCRIBED IN DOCUMENT NO. 1998-0545821 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 47°42’08” EAST, 30.06 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SOUTH HIGHLAND AVENUE (33.00 FEET SOUTHERLY HALF WIDTH);
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 89°56’55” EAST, 67.70 FEET TO SAID SOUTHEASTERLY LINE OF DOCUMENT NO. 91-290525;
THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 44°23’48” WEST, 34.96 FEET; THENCE NORTH 89°56’55” WEST, 5.49 FEET;
THENCE SOUTH 75°59’50” WEST, 27.76 FEET;
THENCE SOUTH 44°50’35” WEST, 14.56 FEET;
THENCE SOUTH 13° 48’02” WEST, 19.04 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCENTRIC WITH AND 86.00 FEET EASTERLY OF THE NEW CENTERLINE OF CHERRY AVENUE PER PARCEL MAP NO. 19564 FILED IN BOOK ______, PAGES ______ THROUGH _____, INCLUSIVE OF PARCEL MAPS, CONCAVE EASTERLY HAVING A RADIUS OF 2114.00 FEET , A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 89°08’04” WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°20’18” AN ARC DISTANCE OF 12.48 FEET TO SAID SOUTHEASTERLY LINE OF DOCUMENT NO. 91-290525; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 44°23’48” WEST, 26.44 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF CHERRY AVENUE AND THE POINT OF BEGINNING. 188
Sheet ____ of ____
City Index No. 6313
CONTAINING 3,103 SQUARE FEET (0.071 ACRES), MORE OR LESS; AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF .

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE
10/02/2025
189
LINE#
L1
L2
L3
I-'
L5
LB
L7
LB
L9
EXHIBIT "B-3"

DEED PLAT
IN THE NORTHWEST QUARTER OF SECTION 35, T. 1 N., R. 6 W, S.B.M IN THE Cl TY OF FONT ANA, COUNTY OF SAN BERNARDI NO,

STATE OF CALIFORNIA
80'
N89'56'55"W
�+
M'I'
� MWDSC
PROPOSED DOC. NO. 91-290525 O.R.

DEDICATION PER REC. 0713111991
DOC. NO. __ _

SOUTH HIGHLAND AVENUE
�
-fS-1':'.-�
EX. RfN LINE PER DOC. 'f.

N0.1998-0545821 �
11,11 RECD 1212311998 f8
I
12D'
�I
80'
LEGEND:
r LINE OF DOC. NO. 91 -290525
O.R. REC. 07.131/111&1
•IJ8'04'W (RADl_
"4T4&'W (RAD) ------
APN: 0228-021-49
PARCEL A OF DOC.

NO. 2020-0112742 O.R.

REC.03131/2020
LINE TABLE P.0.B. : POINT OF BEGINNING

CURVE DATA TABLE
DELTA RADIUS LENG111
00'20'18" 2114.00' 12.48' Sheet_of_ j
City Index No. 6313 j
190
EXHIBIT "A-1"

LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 6

POINT OF BEGINNING, THE BEGINNING OF A NON-TANGENT CURVE CONCENTRIC WITH AND

Sheet of
City Index No.
191
Sheet ____ of ____
City Index No.

CONTAINING 3,259 SQUARE FEET (0.075 ACRES), MORE OR LESS.

SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECT SUPERVISION:

ROBERT WALKER, L.S. 7137 DATE
12/19/2025
192
EXHIBIT "B-1"