These areas (Trash Enclosures) shall be of adequate size to contain a refuse and recycling bin and provide convenient accessibility for the deposit and collection of these materials. (AB 1327)
The standard bin size provided by the City of Fontana’s franchise hauler for commercial establishments is 7'L x 4'W x 5'H.
Collection areas must adequately protect recyclable materials from the harmful effects of the weather. (FMC 24-12, AB 1327)
Refuse collection areas used by food service facilities (restaurants, bakeries, coffee or juice bars, ice cream stores, or food processing) for the collection of food wastes shall have a solid roof (NPDES Standard BMP).
51. All Commercial, Industrial and construction projects must comply with the requirements of FMC 24-11; General Standards relating to the hauling of refuse and/or recycling by the City’s franchise hauler during construction and post-construction.
Storm Water:
52. All parkway culverts constructed for the purpose of conveying storm water from the project to a public right of way must be maintained in operating condition by the property owner.
SCHOOL DISTRICT:
53. Prior to issuance of building permits the applicant shall be responsible for paying the applicable school district fee.
POLICE DEPARTMENT:
54. Adhere to the City standard of one foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. All areas shall be illuminated during all hours of darkness and all luminaries utilized shall be vandal -resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide.
Provide a photometric layout under separate exhibit.
55. Adhere to the Standar d Building Security Specifications of the Fontana Police Department.
SAN BERNARDINO COUNTY HAZARDOUSE MATERIALS DIVSION:
56. Prior to occupancy, the business operator shall be required to apply for one or more of the following permits, or apply for exemption from hazardous materials laws and regulations: Hazardous Materials Permit, Hazardous Waste Permit, Aboveground Storage Tank Permit, or Underground Storage Tank Permit. Application for one or more of these permits shall occur by submitting a hazardous materials business plan using the California Environmental Reporting System (CERS) 405
Resolution No. 2022-_____
http://cers.calepa.ca.gov/ Additional information can be found at http://www.sbcfire.org/ofm/Hazmat/PoliciesProcedures.aspx or you may contact The Office of the Fire Marshal, Hazardous Materials Division at (909) 386-8401.
57. Facilities having an aggregate store capacity of over 1320 gallons of petroleum products on site must prepare and implement a Spill Prevention, Control, and Countermeasures (SPCC) Plan prior to having petroleum product in them. 40 CFR 1 112.3
FIRE DEPARTMENT:
58. Jurisdiction. The above referenced project is under the jurisdiction of the Fontana Fire Protection District (herein “Fire Department”). Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances and standards of the Fire Department.
59. Fire Access Road Width. Prior to map recordation, all fire access roadways shall be designed to meet the requirements for this development and shall be approved by the Fire Department. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. California Fire Code sec 503, SBCFD Standard 503.1
60. Fire Lanes. The applicant shall submit on a site plan to the Fire Department for review and approval all proposed signage and striping for all fire access roadways.
All curbs adjacent to fire lanes shall be painted red and “No Parking, Fire Lane” signs shall be installed on public and private roads in accordance with approved standards. SBCFD Standard 501.
61. Water System Commercial . Prior to map recordation, all water supply systems shall be designed to meet the r equired fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix B of the California Fire Code. A minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one (1) four (4) inch outlet shall be provided. All fire hydrants shall be spaced no more than three hundred (300) feet apart as measured along vehicular travel -ways. California Fire Code sec 508, SBCFD Standard 508.1
The Fire Fl ow for this project shall be: 1500 GPM for a 2 hour duration at 20 psi residual operating pressure.
62. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCFD Standard 508.5.2.
63. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water 406
Resolution No. 2022-_____
improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job-site.
64. Combustible Protection. Prior to combustibles being placed on the project site an approved paved roadway providing fire access and fire hydrants providing an acceptable fire flow shall be installed. California Fire Code sec 508, SBCFD Standard 508.1
65. Fire Sprinkler-NFPA #13. An automatic fire sprinkler system complying with NFPA 13 and Fire Department standards is required. A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. SBCFD Standard 903.
66. Fire Alarm, Water Flow Monitoring . A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required for fire sprinkler systems with twenty (20) sprinkler heads or more. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.
California Fire Code sec. 907, SBCFD Standard 907 FA-M.
67. Fire Extinguishers. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. California Fire Code sec. 906.
68. Commercial Addressing. Commercial and industrial developments of 100,000 sq. ft. or less shall have the street address installed on the building with numbers that are a minimum six (8) inches in height and with a one (1) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displa yed at the property access entrances. SBCFD Standard 505.1
69. Key Box. An approved Fire Department key box is required. The key box shall be provided with a tamper switch and shall be monitored by a Fire Department approved central monitoring service. SBCFD Standard 506
70. Material Identification Placards. The applicant shall install, in all locations deemed appropriate by the Fire Department, approved material identification placards on the outside of all buildings and/or storage tanks that store hazardous or flammable materials. Additional placards shall be required inside the buildings when chemicals are segregated into separate areas. Standard 2703.5.
407
Resolution No. 2022-_____
EXHIBIT “F”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. 18-033 DATE: December 7, 2021
Design Review Sign No. 21-018
LOCATION: The project site is located on the northwest corner of South Highland Avenue and Sierra Avenue within Planning Area 4 of the Auto Center Overlay District (APN 0240 -091-39, -41, -43, -48, -54, -57, -58, -59, and - 60)
PLANNING DIVISION:
1. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on the first sheet of the final building plans prior to issuance of any building permits.
2. This Design Review shall b ecome null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.
3. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:
a. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy or other document evidencing the City’s final inspection and acceptance of the work; and
b. All other Conditions of Approval imposed by this project have been fulfilled.
4. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Community Development or his/her designee.
408
Resolution No. 2022-_____
5. This project will comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code.
6. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.
In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.
Except as required under applicable State and Federal law, the City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy s hall be limited to declaratory/injunctive relief, mandate, and/or specific performance.
7. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later t han sixty (60) days following the City Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.
8. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise, and construction complaints.
The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited to 7:00am to 6:00pm on weekdays, 8:00am to 5:00pm on Saturdays, and no construction on Sundays and Holidays. 409
Resolution No. 2022-_____
PRIOR TO ISSUANCE OF A GRADING PERMIT:
9. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program.
10. The applicant shall have fully provided, constructed, or otherwise meet all Planning Division’s requirements per approved plans, and shall have addressed all punch list items to the satisfaction of the Planning Director.
11. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on a sheet in the final building or grading plans prior to issuance of any building or grading permits.
12. A Planning D epartment final inspection fee of $265.00 shall be paid prior to issuance of the Certificate of Occupancy for Industrial and Commercial Development.
13. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.
14. All architecture treatments and /or projections l ocated on any elevation of any building shall be of durable non-foam e.g. (extrusive polystyrene) material; the use of foam for additional detailing is permitted above the first 14 feet in height on the elevations.
BUILDING & SAFETY DIVISION:
15. Shall comply with the latest adopted edition of the following codes as applicable:
A. California Building Code
B. California Electrical Code
C. California Mechanical Code
D. California Plumbing Code
E. California Energy Code
F. California Fire Code
G. California Green Building Standards Code
16. Automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.
17. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used. 410
Resolution No. 2022-_____
18. Any temporary building, trailer, commerc ial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.
19. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line.
Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances.
20. The Parcel map shall record prior to the issuance of any permits.
21. Grading Requirements:
A. Grading plans shall be submitted to and approved by Building & Safety.
The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.
B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.
C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.
D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.
E. No water course or natural drainage shall be obstructed.
F. Minimum slope or grad e for ALL drainage structures shall be one half (0.50) percent for concrete and one (1.0) percent for all other, or as otherwise approved by the Building Official.
G. Drainage water shall not pass from an ‘improved’ type of drainage structure to an ‘unimprove d’ type of drainage structure (e.g., concrete swale to a dirt swale) unless otherwise approved by the Building Official.
H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.
The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.
I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:
1. The relationship between the proposed finished on -site grade elevations and the existing adjacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and
411
Resolution No. 2022-_____
2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and
3. All proposed drainage structures; and
4. Any proposed and/or required walls or fencing.
22. All signs shall be Underwriters Laboratories approved or equal.
23. Permits are required prior to the removal and/or demolition of structures.
24. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.
PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS
25. The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project:
A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector
26. If hazardous substances are used and/or stored, a t echnical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.
END OF CONDITIONS OF APPROVAL
412
ATTACHMENT NO. 7
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION
AND NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons wi th a disability. Should you need special assi stance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350 - 7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:
MASTER CASE NO. 21-032, ZONE CODE AMENDMENT NO. 21-001, TENTATIVE PARCEL MAP NO. 20370 (TPM NO. 21-006), DEVELOPMENT AGREEMENT NO. 21-003, CONDITIONAL USE PERMIT NO. 21-004, CONDITIONAL USE PERMIT NO. 21-005, CONDITIONAL USE PERMIT NO. 21 -006,) DESIGN REVIEW PROJECT NO. 21-010 AND DESIGN REVIEW SIGN NO. 21-018.
The proposed project includes the development of the “Citrus Crossroads” commercial retail center, a new local-serving shopping center and grocery consisting of an anchor building and various outlying building pads totaling approximately 53,740 square feet of building(s).
Environmental
Determination:
An Initial Study (IS) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA). Based on the information in the IS, no significant impact is anticipat ed as a result of project implementation, with mitigation incorporated. A Mitigated Negative
Declaration has been prepared for
the City Council’s consideration.
Location of
Property:
The project site is located on
the northeast corner of South
Highland Avenue and Citrus
Avenue (APN: 0240-011-38, -
41, -03, -05, -42, -06, -35, and -
44 is in Planning Area 1 of the
Auto Overlay District.
Date of Hearing: January 25, 2022
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 7:00 p.m.
Should you have any questions concerning this project, please contact Paul Gonzales, Senior Planner, at (909) 350-6658 or at [email protected].
ANY INTERESTED PARTY MAY APPEA R AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COP Y OF THE APPLICATION AN D ENVIRONMENTAL Project Site
South Highland Avenue
Citrus Avenue
413
ATTACHMENT NO. 7
DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DEPARTMENT, CITY HALL.
IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY BE
LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOME ONE 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.
Publish: January 14, 2022
414
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1116 Agenda Date: 1/25/2022
Agenda #: C. Category: Public Hearing
FROM:
Engineering
SUBJECT:
Resolution of Necessity Public Hearing: Assessor Parcel Nos. 0232-201-12 and 0232-201-13 RECOMMENDATION:
1. That the Mayor and City Council conduct a Public Hearing to consider adoption of a proposed Resolution of Necessity, making the following findings:
(a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury;
(c) Acquisition of the two vacant parcels (APNs 0232-201-12 and 0232-201-13) is necessary for the proposed project;
(d) The offers required by section 7267.2 of the California Government Code were made; and (e) The public use for this property is a more necessary use than the use for which the property is appropriated.
2. Adopt Resolution No. 2022-___, a Resolution of Necessity by the Fontana City Council, declaring that acquisition of a fee interest in certain real property located in the City of Fontana, San Bernardino County, California, more particularly described as Assessor Parcel Numbers 0232-201-12 and 0232-201-13, by eminent domain, is necessary for the installation of infrastructure improvements within the City of Fontana.
COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
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Agenda #: C. Category: Public Hearing
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
DISCUSSION:
On October 9th, 2021, the City Council approved a Sale Agreement between the City of Fontana and Rosemead Properties Inc. for the acquisition of two vacant properties (APNs 0232-201-12 and 0232- 201-13) located on the South-West corner of Arrow Blvd. and Citrus Avenue. A Resolution of Necessity hearing and approval is required by the City of Fontana prior to and as a condition to the close of escrow.
The City Council is being asked to consider adoption of a Resolution of Necessity for the interests in APNs 0232-201-12 and 0232-201-13. These properties are required by the City of Fontana for the installation of infrastructure improvements and for the enhanced delivery of Community based services potentially including food and school supply distribution, housing and homeless services assistance through a program ("Project").
The power of eminent domain is used by the City only as a last resort to obtain interests necessary for projects after 1) negotiations have stalled; or 2) the owner has requested that the City proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear the title to the property. In this instance, the City and Rosemead Properties, Inc. jointly commissioned an appraisal report that was used as the basis for the settlement negotiations.
Appraisals used by the City must use this definition of Fair Market Value. For this Project, the City obtained an appraisal of Assessor Parcel Numbers 0232-201-12 and 0232-201-13 from Jack Alexander, a California certified general appraiser. An offer of just compensation to the property owners pursuant to California Government Code section 7267.2 was not made by the City due to the agreement reached by the parties. This resolution is sought at the request of the property owner.
The City does not anticipate using its power of eminent domain to acquire this Property.
The record owner must be afforded an opportunity to appear and be heard at the hearing. A notice of this hearing was sent by first class mail on January 6, 2022 to the record owner in accordance with Section 1245.235 of the California Code of Civil Procedure. The notice stated the City's intent to consider the adoption of a resolution, the right of the property owner to appear and be heard on these issues, and that failure to file a written request to appear may result in a waiver of the right to appear and be heard. The City scheduled this hearing at which all persons who filed a written request in compliance with applicable law may appear and be heard.
DESCRIPTION OF PROPERTY TO BE ACQUIRED:
The properties affected by the proposed acquisition are two contiguous vacant, unoccupied parcels located at the intersection of Citrus and Arrow, in Fontana, with a combined acreage of 202,990 sf.
The proposed acquisition consists of a full acquisition. The property will be used for installation of infrastructure improvements and the Project, enabling the enhanced delivery of various programs, services and outreach throughout the Fontana Community. The legal description and depictions are City of Fontana Printed on 1/20/2022Page 2 of 4
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File #: 21-1116 Agenda Date: 1/25/2022
Agenda #: C. Category: Public Hearing
attached hereto as Exhibit A.
HEARINGS AND REQUIRED FINDINGS:
The recommended action of the City Council at the conclusion of this Public Hearing concerns the acquisition of real property from the property owner, Rosemead Properties, Inc.
California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a Resolution of Necessity, which may only be adopted after the governing body has given each party with an interest in the affected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters:
1. The public interest and necessity require the proposed Project;
2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
3. The real property to be acquired is necessary for the Project; and
4. The offers of just compensation have been made to the property owner.
In addition, to the extent any of the property sought to be acquired is subject to an existing public use, the City must find that the public use for which the property sought to be acquired and described in the Resolution of Necessity is a more necessary public use to which the property is appropriated.
The above required findings are addressed as follows:
1. The Public Interest and Necessity Require the Proposed Project The City desires to install infrastructure improvements and enhance and expand the delivery of community-based services (including food and school supply distribution, Housing and Homelessness assistance) by constructing a permanent facility for the Project. Acquisition of the subject property will facilitate those efforts.
2. The Project is Planned or Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury
This property is geographically located in Central Fontana - in close proximity to the Downtown Community. Those areas will be the primary focus of installation of infrastructure improvements and future community outreach efforts, making this property an ideal location for the Project.
3. The Real Property Sought to be Acquired is Necessary for the Project The property to be acquired is located in Central Fontana, and is necessary for the installation of infrastructure improvements and enhance the delivery of community based services and activities City of Fontana Printed on 1/20/2022Page 3 of 4
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through the Project.
4. The Offer of Just Compensation Was Not Made to the Property Owner Although the City would otherwise be required in eminent domain proceedings to offer just compensation to the record owners of property sought to be acquired, as established by the approved appraisals and as required by Section 7267.2 of the California Government Code, the City and Rosemead Properties, Inc. reached an agreement for the purchase and sale of this property without the City making the required Government Code offer, and Rosemead Properties, Inc. has waived its right to receive a Government Code offer.
Conducting the Public Hearing and adoption of the proposed Resolution of Necessity will facilitate the acquisition of two vacant properties (APNs 0232-201-12 and 0232-201-13) located on the South- West corner of Arrow Blvd. and Citrus Avenue.
FISCAL IMPACT:
Monies are available for the acquisition of these two properties, totaling approximately $3.1M - in fund 601 - Capital Reinvestment.
MOTION:
Approve staff recommendation.
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EXHIBIT “A”
LEGAL DESCRIPTIONS AND DEPICTIONS
ASSESSOR PARCEL NOS. 0232-201-12 and 0232-201-013
PARCEL 1:
THE WEST ½ OF LOT 193 ACCORDING TO MAP OF ETIWANDA VINEYARDS, IN THE
CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDS OF SAID COUNTY.
NOTE: AREA AND DISTANCES COMPUTED TO STREET PURPOSES.
PARCEL 2:
THE EAST ONE-HALF OF LOT 193 OF ETIWANDA VINEYARDS, IN THE CITY OF
FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
NOTE: ARAS AND DISTANCES COMPUTED TO THE RANGE LINE OF THE EAST ALL OTHER AREAS AND DISTANCE COMPUTED TO STREET CENTERS.
(Assessor Parcel Nos. 0232-201-12 and 0232-201-13)
FEE
419
THIS MAP IS FOR THE PURPOSE
OF AD VALOREM TAXATION ONLY.
s5..v ELEA Rono
Ptn. Etiwanda Vineyards Tract
M.B. 17/29
7 .7 - A Rim —
25 25
F32
11 2.5 AC.
7 R 0 LIT
193
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2.16 AC.
66. 18
1 of
N.: 51 .87
2 I 4, 57.72
I 32
February 2004 Traci No. 10514, M.B. 156/24-25
s 10
10 66.41
60 60
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60 60
VALENCIA
60 4
oa
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60 0
9 60
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60 5
60 52
• 58.7. 1 .. ;
CD
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6 72 6.69
(67.691
19 22
Ptn. Lot
208
0 2.3 AC.
52 30
City of Fontana
Tax Rate Area
10000 10182
0191
17 0232— 2 0
I".I00'
REVISES
01/28/09 RM
Assessor's Map 03/21/09 LH
Ptn. S.E.1/4,
T.1S.,R.6W.
Sec. 12 Book 0232 Page 20
San Bernardino County
420
16498.0001A\34621298.2
RESOLUTION NO. 2022-___
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE
CITY OF FONTANA, DECLARING THAT THE ACQUISITION OF
A FEE INTEREST IN CERTAIN REAL PROPERTY LOCATED IN
THE CITY OF FONTANA, MORE PARTICULARLY DESCRIBED
AS ASSESSOR PARCEL NUMBERS 0232 -201-12 AND 0232 -201-13,
BY EMINENT DOMAIN, ARE NECESSARY FOR THE
INSTALLATION OF INFRASTRUCTURE IMPROVEMENTS IN
THE CITY OF FONTANA, SAN B ERNARDINO COUNTY,
CALIFORNIA.
WHEREAS, the City of Fontana (the “City”) proposes to acquire a fee interest in certain real property located in the City of Fontana, more particularly described as Assessor Parcel Numbers 0232-201-12 and 0232 -201-13, in ord er to install infrastructure improvements in the City of Fontana, San Bernardino County, California, pursuant to the authority granted to it by section 37350.5 of the California Government Code and sections 1240.010,1240.020 1240.030 of the California Code of Civil Procedure; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, January 25, 2022, at 7:00 p.m., at Fontana City Hall, Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be he ard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing was held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure;
NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND
DECLARE AS FOLLOWS:
Section 1. Compliance with Calif ornia Code of Civil Proce dure and California Environmental Quality Act. There has been compliance by the City with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing and with the California Environmental Quality Act.
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Section 2. Public Use. The public use for which the real property are required to be acquired by the City of Fontana for the installation of infrastructure improvements and for construction of a permanent facility for the project , allowing for the enhanced a nd increased delivery of various services in the City of Fontana, San Bernardino County, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes.
Section 3. Description of Property. Attached and marked as Exhibit A is the legal description and assessor map of the interest to be acquired by the City, which describes the general location and extent of the property to be acquired with sufficient detail for reasonable identification.
Section 4. Findings. The City hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed project;
(b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury;
(c) The real property described in Exhibit A is necessary for the proposed project; and
(d) The offers required by section 7267.2 of the California Government Code were made.
Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of these easements and rights -of-way are on file with the City and describe the general location and extent of the easements and rights -of-way with sufficient detail for reasonable identification. In t he event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the real property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure.
Section 6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use.
Counsel for the City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Ci vil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use.
Section 7. Further Activities. Counsel fo r the City is hereby authorized to file legal proceedings necessary to acquire the herein above described real property in the name of and on 422
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behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed neces- sary for the conduct of the cond emnation action or other proceedings or transaction required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the act ion where such change would not substantially impair the construction and operation for the project for what the real property is being acquired.
Section 8. Effective Date. This Resolution shall take effect upon adoption.
APPROVED AND ADOPTED this 25th day of January, 2022.
Aquanetta Warren, Mayor
ATTEST:
____________________________________
City Clerk of the City of Fontana, California
CERTIFICATION
I, Tonia Lewis, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting thereof, held on the 25th day of January, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
____________________________________
City Clerk of the City of Fontana
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1135 Agenda Date: 1/25/2022
Agenda #: D. Category: Public Hearing
FROM:
Planning Department
SUBJECT:
Municipal Code Amendment (MCA) No. 22-01 - Adoption of an Urgency Ordinance of the City Council of the City of Fontana, Amending Sections 13-27 and 13-30 of the Fontana Municipal Code, Amending the Enforcement Authority regarding the City’sEnvironmental Health Code, and Adoption of a Regular Ordinance for Long-Term Implementation of same RECOMMENDATION:
1. Approve Municipal Code Amendment (MCA) No. 22-01 - Adopt Urgency Ordinance No. _____, of the City Council of the City of Fontana, amending sections 13-27 and 13-30 of the Fontana Municipal Code, amending the enforcement authority regarding the City’s environmental health code.
2. Read by title only and waive further reading of and introduce Ordinance No. ___, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 22-01 amending sections 13-27 and 13-30 of the Fontana Municipal Code, amending the enforcement authority regarding the City’senvironmental health code and the reading of the title constitutes the first thereof.
COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To improve public safety by emphasizing community-oriented policing and community involvement.
DISCUSSION:
The Municipal Code Amendment (MCA) No. 22-01 being presented for the consideration that would amend sections 13-27 and 13-30 of Article II, Chapter 13, of the Fontana Municipal Code to establish that the City has the authority to enforce its Environmental Health Code. Currently, the Code establishes that the San Bernardino County Department of Environmental Health Services (DEHS) has enforcement authority. This amendment would expand the authority to both the City of Fontana and DEHS. Such action would further the City Council finding that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection.
The existing Ordinance is lacking enforcement provisions and thus enforcement efforts have been hampered by two main issues - the ability to cite for Environmental Health Code violations and limited staffing resources. In addition, DEHS lacks sufficient staff to be out every weekend and evening City of Fontana Printed on 1/20/2022Page 1 of 2
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File #: 21-1135 Agenda Date: 1/25/2022
Agenda #: D. Category: Public Hearing
staffing resources. In addition, DEHS lacks sufficient staff to be out every weekend and evening when most of these activities take place. Adoption of the proposed amendments to sections 13-27 and 13-30 of the Municipal Code will provide city staff with the authority needed to enforce the Environmental Health Code.
Background:
On September 17, 2018, Governor Brown signed Senate Bill 946 (SB 946), which limits the City's ability to regulate sidewalk vending. The bill took effect on January 1, 2019 and nullified the current restrictions the City places on sidewalk vending and itinerant vendors. With the enactment of SB 946, the Legislature amended California Government Code Sections 51036 and 51069 to decriminalize sidewalk vending. While the bill places many restrictions on the City, the intent behind the bill is to promote entrepreneurship and economic development opportunities for low-income and immigrant communities.
On February 12, 2019, the Mayor and City Council adopted a Code Amendment adding Article XVII to Chapter 15 of the Fontana Municipal Code imposing regulations on sidewalk vending and the current regulations have been in effect for about 36 months.
Staff is recommending an amendment to the City’sMunicipal Code to strengthen the City's ability to enforce illegal street vending activities due to the significant number of complaints received from businesses and residents of the community.
Environmental:
The Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant Section 15378 of the State of California Environmental Quality Act (“CEQA”)Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, because it has no potential for resulting in physical change in the environment, directly or indirectly. Pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation
ATTACHMENTS:
Attachment No. 1: Urgency Ordinance No. __
Attachment No. 2: Ordinance No. __
Attachment No. 3: Notice of Exemption
Attachment No. 4: Public Hearing Notice
City of Fontana Printed on 1/20/2022Page 2 of 2
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ATTACHMENT NO. 1
URGENCY ORDINANCE NO. _____
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT (MCA) NO. 22-01 TO AMEND SECTIONS 13-27 AND 13- 30 OF THE FONTANA MUNICIPAL CODE, AMENDING THE
ENFORCEMENT AUTHORITY REGARDING THE CITY’S
ENVIRONMENTAL HEALTH CODE
WHEREAS, the City of Fontana, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with Senate Bill (“SB 946”); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
WHEREAS, according to its terms, SB 946 applies to both charter and general law cities; and
WHEREAS, SB 946 explicitly stated that the legislation did not affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety C ode, otherwise known as the California Retail Food Code, to a sidewalk vendor who sells food; and
WHEREAS, the City Council finds that this Urgency Ordinance is enacted to protect the public health, safety and welfare, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, the City Council finds that the changes to Sections 13 -27 and 13-30 of the Fontana Municipal Code are necessary to make clear the City’s authority to enforce its Environmental Health Code; and
WHEREAS, on January 25, 2022, the City Council held a duly noticed public hearing on Municipal Code Amendment (MCA) No. 22-01.
WHEREAS, a notice of the public hearing was published in the local Fontana Herald newspaper on Friday, January 14, 2022 and posted at City.
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Urgency Ordinance No. ______
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THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:
Section 1. Urgency Findings . In accordance with California Government Code section 36937 and in order to protect the public health, safety and welfare, the City Council finds the above recitals are true and correct and are incorporated herein by reference as urgency findings in support of the adoption of this urgency ordinance.
Section 2. Section 13-27 of Article II, Chapter 13 of the Fontana Municipal Code is hereby amended to read as follows:
“Pursuant to Health and Safety Code §§ 480 et seq., 500 et seq., and 1155.5, title 17 of the state Administrative Code and other relevant state law, for the protect ion of the
environmental public health, the issuance of permits and collection of fees, and providing penalties and remedies for the violation of such regulations, there is adopted by the city as its environmental health code that certain code known as the Uniform Environmental Health Code, except as provided in section 13-28. The city designates both the City of Fontana, and any employee thereof, and the county department of environmental health services as the enforcement agency agencies for the purpose of this environmental health code and all state law pertaining to environmental health. Pursuant to Government Code § 50022.6, a copy of such code is on file in the office of the city clerk, and such code is hereby adopted and incorporated as if set out at length in this section.” Section 3. Section 13 -30 subsections (a) -(c) of Article II, Chapter 13 of the Fontana Municipal Code are hereby amended to read as follows:
“(a) It is unlawful for any person to deny access to, interfere with, prevent, restrict, obstruct or hinder the city or the department of environmental health services or their agents acting within the scope of their duty or agency. It shall be unlawful for any person to fail to identify oneself upon lawful request by either the city or the department of environmental health services employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of the city or
department of environmental health services acting within the scope of their duty or agency is a misdemeanor , punishable by imprisonment in the county jail for not less than ten days, without the alternative of a fine.
(b) In addition to criminal prosecution, civil action and every other remedy or penalty provided by law, public nuisances 433
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may be abated or enjoined in any action brought by either the city or department of environmental health services, or under circumstances immediately dangerous to public health or safety may be summarily abated by enforcement officers of either the city or department of environmental health services as provided in this article or otherwise in the manner provided by law for the summary abatement of public nuisances.
(c) Except where punishable as a misdemeanor or fel ony under state law or under this article, any person who violates any provision of the environmental health code adopted by this article shall be guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than $25.00 but not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second conviction within one year, and a fine not exceeding $500.00 for the third conviction within one year; the fourth and additional convictions within one year shall be punishable as misdemeanors and shall be punished by a fine of not less than $250 .00 and not more than
$1,000.00 or by imprisonment in the county jail for a term not exceeding six months, or both; and such convicted person may, in the discretion of the court, be adjudged, in addition to the penalties provided in this section, to be liable to the city and/or the department of environmental health services for all necessary costs incurred in investigation, discovery, analysis, inspection and cleanup and other actual costs incurred by the city and/or the department of environmental health services or its agents pertaining to the violation.”
Section 4. Section 13-30 subsection (e) of Article II, Chapter 13 of the Fontana Municipal Code is hereby added to read as follows:
“(e) Unless otherwise stated in this Chapter, any violation of this Chapter may be prosecuted by the City Attorney and be punishable as an infraction or a misdemeanor in accordance with Section 1-7 of the Fontana Municipal Code.”
Section 5. CEQA. The City Council finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines , Section No. 3.22 and 3.07 of the 2019 Loca l Guidelines for Implementing CEQA , because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen 434
Urgency Ordinance No. ______
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with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Urgency Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.
Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Urgency Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity o f the remaining portion of this Urgency Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this Urgency Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Urgency Or dinance shall not be affected.
Section 8. Certification. City Clerk of the City of Fontana shall certify to the adoption of this Urgency Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Ci ty in a manner permitted under section 36933 of the Government Code of the State of California.
Section 9. Effective Date . This Urgency Ordinance shall become effective immediately upon its adoption with four-fifths vote of the City Council and findings m ade pursuant to California Government Code section 36937. Within fifteen (15) days after said passage, a summary of this Urgency Ordinance with the names of the Council Members voting for or against the same, shall be published in a newspaper of general circulation in the County of San Bernardino, State of California.
APPROVED AND ADOPTED by the City Council of the City of Fontana, at a regular meeting of the City Council held on the 25th day of January, 2022.
[SIGNATURES ON FOLLOWING PAGE]
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READ AND APPROVED AS TO LEGAL FORM:
__________________________________________
City Attorney
______________________________
City Clerk of the City of Fontana
_____________________________
Mayor of the City of Fontana
ATTEST:
______________________________
City Clerk
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STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF FONTANA)
CERTIFICATION
I, Tonia Lewis, City Clerk, hereby certify that the attached is a true copy of Urgency Ordinance No. _____, introduced by the City Council of the City of Fontana, California, at a regular meeting held the 25th day of January, 2022. Urgency Ordinance No. __ was approve passed and adopted at a regular meeting held the 25th day of January, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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ATTACHMENT NO. 2
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT (MCA )
No. 22-01 TO AMEND SECTIONS 13 -27 AND 13-30 OF THE FONTANA
MUNICIPAL CODE, AMENDING THE ENFORCEMENT AUTHORITY
REGARDING THE CITY’S ENVIRONMENTAL HEALTH CODE
WHEREAS, the City of Fontana, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as l ong as these are consistent with Senate Bill (“SB 946”); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
WHEREAS, according to its terms, SB 946 applies to both charter and general law cities; and
WHEREAS, SB 946 explicitly stated that the legislation did not affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code, otherwise known as the California Retail Food Code, to a sidewalk vendor who sells food; and
WHEREAS, the City Council finds that this Ordinance is enacted to protect the public health, safety and welfare, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, the City Council finds that the changes to Sections 13 -27 and 13-30 of the Fontana Municipal Code are necessary to make clear the City’s authority to enforce its Environmental Health Code.
WHEREAS, On January 25, 2022, the City Council held a duly noticed public hearing on Municipal Code Amendment (MCA) No. 22-01.
WHEREAS, a notice of the public hearing was published in the local Fontana Herald newspaper on Friday, January 14, 2022 and posted at City; and
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Ordinance No. ____
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THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:
Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
Section 2. Section 13-27 of Article II, Chapter 13 of the Fontana Municipal Code is hereby amended to read as follows:
“Pursuant to Health and Safety Code §§ 480 et seq., 500 et seq., and 1155.5, title 17 of the state Administrative Code and other relevant state law, for th e protection of the
environmental public health, the issuance of permits and collection of fees, and providing penalties and remedies for the violation of such regulations, there is adopted by the city as its environmental health code that certain code kno wn as the Uniform Environmental Health Code, except as provided in section 13-28. The city designates both the City of Fontana, and any employee thereof, and the county department of environmental health services as the enforcement agency agencies for the purpose of this environmental health code and all state law pertaining to environmental health. Pursuant to Government Code § 50022.6, a copy of such code is on file in the office of the city clerk, and such code is hereby adopted and incorporated as if set out at length in this section.” Section 3. Section 13 -30 subsections (a) -(c) of Article II, Chapter 13 of the Fontana Municipal Code are hereby amended to read as follows:
“(a) It is unlawful for any person to deny access to, interfere with, prevent, re strict, obstruct or hinder the city or the department of environmental health services or their agents acting within the scope of their duty or agency. It shall be unlawful for any person to fail to identify oneself upon lawful request by either the city o r the department of environmental health services employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of the city or
department of environmental health services acting within the scope of their duty or agency is a misdemeanor, punishable by imprisonment in the county jail for not less than ten days, without the alternative of a fine.
(b) In addition to criminal prosecution, civil action and every other remedy or p enalty provided by law, public nuisances may be abated or enjoined in any action brought by either the city or department of environmental health services, or under 439
Ordinance No. ____
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circumstances immediately dangerous to public health or safety may be summarily abated by e nforcement officers of either the city or department of environmental health services as provided in this article or otherwise in the manner provided by law for the summary abatement of public nuisances.
(c) Except where punishable as a misdemeanor or felony
under state law or under this article, any person who violates any provision of the environmental health code adopted by this article shall be guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than $25.00 but not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second conviction within one year, and a fine not exceeding $500.00 for the third conviction within one year; the fourth and additional convictions within one year shall be punishable as misdemeanors and shall be punished by a fine of not less than $250.00 and not more than
$1,000.00 or by imprisonment in the county jail for a term not exceeding six months, or both; and such con victed person may, in the discretion of the court, be adjudged, in addition to the penalties provided in this section, to be liable to the city and/or the department of environmental health services for all necessary costs incurred in investigation, discovery, analysis, inspection and cleanup and other actual costs incurred by the city and/or the department of environmental health services or its agents pertaining to the violation.”
Section 4. Section 13-30 subsection (e) of Article II, Chapter 13 of the Fontana Municipal Code is hereby added to read as follows:
“(e) Unless otherwise stated in this Chapter, any violation of this Chapter may be prosecuted by the City Attorney and be punishable as an infraction or a misdemeanor in accordance with Section 1-7 of the Fontana Municipal Code.”
Section 5 CEQA. The City Council finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA , because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the Califo rnia Code of Regulations, Section 15061(b)(3), Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 440
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Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 923 35. The custodian of these records is the City Clerk.
Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
Section 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.
Section 9. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED by the City Council of the City of Fontana, at a regular meeting of the City Council held on the 25th day of January, 2022 by the following vote:
READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
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I, Tonia Lewis, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council at a regular meeting on the 25th day of January 2022, and was finally passed and adopted not less than five days thereafter on the 8th day of February 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
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NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415-0130
FROM: City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335
1. Project Title: Municipal Code Amendment (MCA) No. 22-01
2. Project Location - Specific: Citywide
3. (a) Project Location - City: Fontana, CA 92336
(b) Project Location - County: San Bernardino
4. Description of nature, purpose, and beneficiaries of Project: Adoption of an urgency ordinance of t he City Council of the City of Fontana, amending sections 13 -27 and 13 -30 of the Fontana Municipal Code, amending the enforcement author ity regarding the City’s environmental health code.
5. Name of Public Agency approving project: City of Fontana
6. Name of Person or Agency carrying out project: City of Fontana
7. Exempt status: (Check one)
(a) _____ Ministerial project.
(b) _____ Not a project.
(c) _____ Emergency Project.
(d) _____ Categorical Exemption. State type and class number:
(e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) __X__ Other. Explanation: Exempt pursuant to Sections 15378 and 15061(b)(3) of the State of California Environmental Quality Act (“CEQA”) Guidelines, and Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA , the project has no potential for resulting in physical change in the environment, directly or indirectly.
8. Reason why project was exempt: The Ordinance is exempt from the requirements of CEQA in that the activit y is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activit y in question may have a sig nificant effect on the environment, the activity is not subject to CEQA.
9. Contact Person: Rina Leung, Senior Planner Telephone: (909) 350-6566
Date Received for Filing: __________________________________ DiTanyon Johnson
Principal Planner
(Clerk Stamp Here)
ATTACHMENT NO. 3
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NOTICE OF PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.
In compliance with Section No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the agenda will be made available in appropriate alternative formats to persons with a disability.
Should you need special assistance to participate in this meeting, please contact the Ci ty Clerk’s Department by calling (909) 350 -7602. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:
AN URGENCY ORDINANCE OF THE CITY OF FONTANA, CALIFORNIA, AMENDING SECTIONS 13-27 AND 13 -30 OF THE FONTANA MUNICIPAL CODE, AMENDING THE ENFORCEMENT AUTHORITY REGARDING THE CITY’S ENVIRONMENTAL HEALTH CODE
AN ORDINANCE OF THE CITY OF FONTANA, CALIFORNIA, AMENDING SECTIONS 13 - 27 AND 13-30 OF THE FONTANA MUNICIPAL CODE, AMENDING THE ENFORCEMENT AUTHORITY REGARDING THE CITY’S ENVIRONMENTAL HEALTH CODE
Environmental
Determination:
This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3) , Section No. 3.22 and
3.07 of the 2019 Local Guidelines for Implementing CEQA, that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a signi ficant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs t hat a Notice of Exemption be filed with the County Clerk of the County of San Bernardino in accordance with CEQA Guidelines.
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Location: City Wide
Date of Hearing : January 25, 2022
Place of Hearing : City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing : 7:00 P.M.
Should you have any questions concerning this project, please contact Patty Nevins, Director of Planning, at 909-350-7625 or via email at [email protected]
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.
IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM,
YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT
THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Publish: January 14, 2022
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1093 Agenda Date: 1/25/2022
Agenda #: A. Category: New Business
FROM:
City Manager's Office
SUBJECT:
Amending Fontana Municipal Code Section 2-39 to Increase the Salary for Members of the City Council and Mayor; Introduction and First Reading of Ordinance RECOMMENDATION:
Read by title only and waive further reading of and introduce Ordinance No. ____, Amending Section 2-39 Of The Fontana Municipal Code, Regarding The Salary For Members Of The City Council And Mayor
COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To increase citizen involvement by developing future leaders.
DISCUSSION:
Government Code Section 36516 controls the salary of council members in general law cities and provides for up to a five percent (5%) annual increase in city council member salaries from the operative date of the last city council salary adjustment. Government Code Section 36516.1 also provides that a directly-elected mayor may receive compensation in addition to the compensation she receives as a council member.
Government Code Section 36516.5 further provides that any change in City Council compensation adopted via ordinance pursuant to Section 36516 shall become effective whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office.
Currently, members of the City Council receive $1,755.00 per month in compensation, which was set in December 2018 by Ordinance No. 1786 and codified in Section 2-39 of the Fontana Municipal Code. The Mayor’sadditional compensation, according to Section 2-39 of the Fontana Municipal Code, is $1,745.00 per month.
Pursuant to Government Code Section 36516(a), the City Council members are eligible for a 5% increase for each year since the most recent adjustment in 2018. Thus, if the effective date of the compensation adjustment is January 2023, the City Council members and Mayor are entitled to a 5% adjustment for four (4) years. This amounts to an additional $351 per month for the City Council members and an additional $349 per month for the Mayor (($1,755 x 5% x 4 years); ($1,745 x 5 % x 4 years ) respectively).
Salary adjustments for members of City Council would be effective beginning January 1, 2023 consistent with Government Code section 36516.5. The salary adjustment for the Mayor would be City of Fontana Printed on 1/20/2022Page 1 of 2
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File #: 21-1093 Agenda Date: 1/25/2022
Agenda #: A. Category: New Business
consistent with Government Code section 36516.5. The salary adjustment for the Mayor would be effective immediately following the effective date of the proposed ordinance.
FISCAL IMPACT:
The proposed ordinance, if implemented, would result in a net increase in salary expenses of $25,248 per year.
MOTION:
Approve staff’s recommendation.
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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA AMENDING SECTIONS 2-39 OF THE
FONTANA MUNICIPAL CODE, REGARDING THE SALARY FOR
MEMBERS OF THE CITY COUNCIL AND MAYOR
WHEREAS, the City of Fontana, California is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, Article XI, section 7 of the California Constitution grants the City broad discretionary power to “make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws”; and
WHEREAS, Section 36516 of the Government Code provides the method by which salaries for members of a city council of a city are established and increased; and
WHEREAS, Section 36516(a)(4) of the Government Code provides that a city council of a city may, by ordinance, authorize an increase in salary to members of the city council, so long as such increase does not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of salary; and
WHEREAS, the salary for the members of the City Council of the City pursuant to Ordinance No. 1786 adopted December 11, 201 8, is currently set at $1,755 .00 per month, with an additional $1,745 per month for the City’s directly elected Mayor in accordance with Government Code § 36516.1; and
WHEREAS, the salary for the members of the City Council was set in 2018; and
WHEREAS, the City Council wishes to enact a new ordinance superseding Ordinance No. 1786 and increasing the monthly salary of the members of the City Council and Mayor within the limitations of Government Code Section 36516(a)(4); and
WHEREAS, in order to encourage qualified persons to become members of the City Council and to as sure that members of the City Council are compensated comparably to council members of other cities, it is in the best interests of the City to increase the salary of the members of the City Council; and
WHEREAS, a duly noticed public meeting was held at which time this ordinance was considered and at which time all persons wishing to be heard were afforded an opportunity to do so; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
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THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals . The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
Section 2. Amendment. Section 2-39 of Article II of Chapter 2 of the Fontana Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 2-39. - Salaries—Generally.
As allowed in Government Code § 36516, each member of the council shall receive as salary the sum of $2,106 per month and in addition to this sum the mayor shall receive an additional $ 2,094 per month in accordance with Government Code § 36516.1, which shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city.”
Section 3. CEQA. The City Council determines that this code amendment is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) sections 15060(c)(3) and 15061(b)(3). Pursuant to State CEQA Guidelines section 15060(c)(3) and Section 3.01( f) of the City of Fontana 2018 Local Guidelines for Implementing the California Environmental Quality Act , the proposed regulations do not constitute a project under CEQA and have no potential to result in a direct or reasonably foreseeable indirect physical change in the environment. .
Section 4. Custodian of Records . The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The people of the City of Fontana hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6. Effective Date . This Ordinance shall be effective thirty days following its adoption. The increased salary for the Mayor shall be provided immediately following the effective date of this Ordinance. The increased salaries for members of City Council shall be provided immediately following the seating of one or more 449
members of City Council at the next muni cipal election following the effective date of this Ordinance.
Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Fontana, California, at a regular meeting of the City Council held on the [ ] day of [month], 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City of Fontana
________________________________
Acquanetta Warren, Mayor
ATTEST:
________________________________
Tonia Lewis, City Clerk
READ AND APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
________________________________
Ruben Duran, City Attorney
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CERTIFICATION
I, Tonia Lewis, City Clerk of the City of Fontana and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance No. ____ is the actual Ordinance No. ____ that was first introduced at a regular meeting of said City Council on the [ ] day of [month], 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Tonia Lewis, City Clerk
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1119 Agenda Date: 1/25/2022
Agenda #: A. Category: Elected Officials
Communications/Reports
Appointment to the Parks, Community, and Human Services Commission to fill an Unscheduled Vacancy due to the passing of a Commissioner City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
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