Agenda packet, regular meeting — Fontana City Council, January 25, 2022 (part 1 of 3)

Tuesday, January 25, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1879 Reso. No 2022-001
WORKSHOP 5:00 P.M.

CLOSED SESSION 6:00 P.M.

REGULAR MEETING 7:00 P.M.

Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Tonia Lewis - City Clerk
Janet Koehler-Brooks - City Treasurer
1 City Council Meeting Regular Agenda January 25, 2022
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 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 a modification or accommodation in order 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 in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

WORKSHOP:

A. 5:00 P.M. City Council Workshop
(A) Police Department 2021 Annual Report (Chief Billy
Green, to present);
(B) Fire Annex Construction Concept (Deputy City Manager Phil Burum, to present);
(C) Fontana Honor Roll Organizing Committee: Veteran's
Memorial (Interim City Manager Shannon Yauchzee, to
present);
(D) Public Communications;
(E) Agenda Review; and
(F) City Manager Comments
21-1128
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. 6:00 P.M. CLOSED SESSION

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2 City Council Meeting Regular Agenda January 25, 2022

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(d)(1)
Case: Anthony Ricci vs. City of Fontana Workers ’
Compensation
Claim Numbers: 201000006; 180900036
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED

LITIGATION
(Government Code section 54956.9(d)(4))
Initiation of litigation: One Potential Case

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code Section 54956.8)
Property: APN 01911-16-218
Agency Negotiator: Phillip Burum, Deputy City Manager
Negotiating parties: Carlos Sandoval
Under Negotiation: Price and terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code Section 54956.8)
Property: APN 01911-16-242
Agency Negotiator: Phillip Burum, Deputy City Manager
Negotiating parties: Yolanda Geivett
Under Negotiation: Price and terms of payment

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Sierra Club v. City of Fontana, et al. San Bernardino Superior Court
Case No. CIVSB 2121605; and People of the State of
California v. City of Fontana, et al. San Bernardino Superior Court Case No. CIVSB2121829
21-1132
CALL TO ORDER/ROLL CALL:

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3 City Council Meeting Regular Agenda January 25, 2022
A. 7:00 P.M. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Fontana Police Department Chaplain Greg Peck/Pledge of Allegiance:

Redistricting - Public Hearing #3
A. (A) Redistricting Draft Maps (National Demographic
Corporation, Todd Tatum to present);
(B) Public Communications:
(C) Mayor and City Council Comments
21-1131
Public Hearing Presentation
Fontana Redistricting Public Hearing Notice #3
Fontana-NDC Map 101
Fontana-Map 101-Demographics
Fontana-NDC Map 102
Fontana-Map 102 -Demographics
Fontana-NDC Map 103
Fontana-Map 103-Demographics
Fontana-Public Map 401
Fontana-Public 401-Demographics
Fontana-Public 601-Map.pdf
Fontana-Public 601 (1)-Demographics.pdf
Attachments:

PROCLAMATION:

A. Mayor Warren and City Council to proclaim January as National Mentoring Month (Manager of Site Based Programs Megan Ramos,to accept).
21-1041
SPECIAL PRESENTATIONS:

A. Mayor Warren and City Council to recognize retiring Public Works Director Keith Kramer (Deputy City Manager Phillip Burum to present).

B. Mayor Warren and City Council to recognize retiring Community Services Director Garth Nelson (Interim Deputy City Manager Ray Ebert to present).

C. Mayor Warren and City Council to recognize Officer Adrian Garcia as the Police Department ’s 2021 Employee of the Year (Chief Green to present).
21-1121

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4 City Council Meeting Regular Agenda January 25, 2022
D. Mayor Warren and City Council to recognize Corporal Valerie Gutierrez, Dispatch Supervisor Amy Blessinger, and Dispatchers Diana Zick and Melodi Mundrick as the Police Department’s December 2021 Employees of the Month
(Captain Burton and Captain Stover to present).

E. Mayor Warren and City Council to recognize Armando
Martinez, Benjamin Parra, Ivan Torres and William Byrne as Public Works Department 2021 Employees of the Year (Public Works Manager Dan West to present).

F. Mayor Warren and City Council to swear in new Fontana Police Officers Cody Chick, Edward Lopez, Brandon
McCaulley, Sean Olson, and Jorge Trujillo (Chief Green to present).

G. Mayor Warren and City Council to recognize Deputy City Clerk Ashton R. Arocho on recent Master Municipal Clerk (MMC) designation (Interim Deputy City Manager Ray Ebert to present).

H. Special Recognition of Council Members Phillip Cothran and Jesse Sandoval's Birthdays (Mayor Warren to present).

PUBLIC COMMUNICATIONS:

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

A. Public Communications
CONSENT CALENDAR:

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

A. Approval of Minutes 21-1139
Approve the minutes of the December 14, 2021, Regular City Council Meeting.

Minutes - City Council Regular City Council Minutes 12.14.21Attachments:

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5 City Council Meeting Regular Agenda January 25, 2022
B. Adoption of Ordinance No.1876 21-1134
Second Reading/Adopt Ordinance No. 1876, an Ordinance of the City Council of the City of Fontana, California approving Municipal Code Amendment (MCA) No. 21-002 to amend Chapter 11 - Fire Prevention of the Municipal Code to (1) increase the minimum building square footage exception for requiring fire sprinklers, (2) require the installation of fire sprinklers or other appropriate fire suppression system as approved by the Fire Marshall for all buildings housing vehicles, and (3) allow installation of residential 13R or 13D fire sprinkler systems in place of commercial 13 systems for commercial buildings under 5,000 square feet.

Ordinance No. 1876 - Fontana Fire Code AmendmentAttachments:

C. Adoption of Ordinance No.1878 21-1122
Second Reading/Adopt Ordinance No. 1878 adding Article III to Chapter 7 of the Fontana Municipal Code, regarding mandate of electronic and paperless filing of Campaign Finance Disclosure Statements.

Ordinance No.1878Attachments:

D. Accept Donation From Fontana Foundation of Hope 21-1074 Accept donation from Fontana Foundation of Hope in the amount of $ 5,000 for use towards the 2021 Festival of Winter.

Fontana Foundation of Hope (Festival of Winter)Attachments:

E. Accept Donation From Options for Youth 21-1075
Accept donation from Options for Youth in the amount of $2,500 for use towards the 2021 Festival of Winter.

Options for Youth (Festival of Winter)Attachments:

F. Accept Donation From Kaiser Permanente 21-1076
Accept donation from Kaiser Permanente in the amount of $1,000 for use towards the 2021 Let’s Move on the Trail.

Kaiser Permanente (Let's Move on the Trail).pdfAttachments:

G. Accept Grant Award from Kaiser Permanente 21-1095
Accept grant award from Kaiser Permanente in the amount of $14,000 for use towards Healthy Fontana’s “The Awareness Project.”
Kaiser Permanente (The Awareness Project)Attachments:

H. Approve a Bond Reduction for Tract No.’s 18825 and 18915 21-1126

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6 City Council Meeting Regular Agenda January 25, 2022
Approve a reduction of the Faithful Performance and Labor and Materials bonds posted by RSI Communities-California, LLC for Tract No.’s 18825 and 18915 located at the northeast corner of Summit Avenue and Citrus Avenue.

Vicinity Map
Tract Map - 18825
Tract Map - 18915
Attachments:

I. 311 Customer Relationship Management System (CRM) 21-1111

1. Authorize the Purchasing Office to utilize the State of California Master Service Agreement (MSA) for IT Management and Consulting Services (MSA 5167010).

2. Approve and authorize the City Manager to execute a contract with 120VC for Project Management (MSA 5167010-330) for implementation of the 311 CRM System.

3. Authorize the purchase of the subscription service platform Customer Community from Salesforce.com, Inc. for (5) years.

Salesforce City of Fontana 311 Quote
211210 120VC SOW - City of Fontana 311 SalesForceFullTime Attachments:

J. 2021 Police Department Donations 21-1117
Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.
21-1117 PD DonationsAttachments:

K. 2022 Statement of Investment Policy 21-1125

1. Adopt the City of Fontana Statement of Investment Policy for 2022.

2. Adopt Resolution No. 2022-___ designating City officers who are authorized to invest funds for the City of Fontana and repealing Resolution No. 2021-004.

Resolution-nvestment Authorization
2022 Investment Policy
Attachments:

L. Homekey2 Project and Application Resolution 21-1124

1. Approve an affordable housing project containing 10 to 14 units of interim housing for chronically homeless, homeless households, or households at risk of homelessness and up to seven units of market rate housing to be sited at most two Fontana Housing Authority and City of Fontana owned properties located at 8996 Olive Street and 8344 Bennett Avenue.

2. Adopt Resolution No. 2022-______, a resolution of the City Council of the

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7 City Council Meeting Regular Agenda January 25, 2022
City of Fontana authorizing application to and participation in the California Department of Housing and Community Development Homekey program.

3. Authorize the City Manager to execute and transmit any documents necessary or appropriate to ensure the City's timely submission of the Homekey application, inclusive of an Funding Commitment letter demonstrating the City ’s intent to commit Permanent Local Housing Allocation (PLHA) funds not to exceed $1,312,326 to support project operating expenses for up to 4-years, and the City’s intent to commit up to $ 992,936 in development costs for non- assisted units from either PLHA or Housing Trust funds.

City of Fontana Homekey Resolution.2
Unit Distribution by Target Population.docx
Attachments:

M. Purchase & Sale Agreement - Downtown Fontana Properties 21-1079

1. Approve a Purchase & Sale Agreement for the sale of 16756 Arrow Blvd. and APN # 019116208, two properties located on Arrow Blvd. in Downtown Fontana.

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

Pina Furniture & Vacant Lot P&S Agreement.pdfAttachments:

N. Resolution Ratifying the 2021-2023 Confirmation of
Understanding for Management Confidential Employees
21-1061
Adopt Resolution No. 2022-_____ a Resolution of the City Council of the City of Fontana ratifying the Confirmation of Understanding (COU) between the City of Fontana and Management Confidential Employees.

Resolution Ratifying MC COU
MC COU 2021 - 2023
Attachments:

O. A Resolution Supporting the Our Neighborhood Voices
(Brand-Huang-Mendoza Tripartisan Land Use) Initiative
21-1144
Adopt Resolution No. 2022-_______, to support the Our Neighborhood Voices Initiative.

Resolution - Brand-Huangmendoza Tripartisan Land Use
Initiative
Attachments:

Approve Consent Calendar Item as recommended by staff.

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

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8 City Council Meeting Regular Agenda January 25, 2022
favor or opposition of the item. Comments must be received no later than 5:00 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. Municipal Code Amendment (MCA) No. 21-001 for an
amendment to Chapter 9 of the Municipal Code to add
Article V to establish sustainability standards to improve air and other environmental quality for warehouse
(industrial commercial center) developments throughout
the city
21-1096
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. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and other environmental quality for warehouse (industrial commercial center) developments throughout the city, and the reading of the title constitutes the first thereof.

Attachment No. 1 - City Council Ordinance
Attachment No. 2 - Planning Commission Staff Report and attachments
Attachment No. 3 - Planning Commission Minutes from
December 21, 2021
Attachment No. 4 - Exemption Memorandum
Attachment No. 5 - Notice of Exemption
Attachment No. 6 - Public Hearing Notice
Attachments:

B. MCN. No. 21-032, ZCA No. 21-001, DA No. 21-003, TPM No . 20370 (TPM No. 21-006) CUP No. 21-004, CUP No. 21-005,
CUP 21-006, DRP No. 21-010, DRS No. 21-018 for the
Proposed Development of a New Commercial Shopping
Center with an Anchor Grocery Store consisting of an
Anchor Building and Various Outlying Building Pads
Totaling Approximately 53,740 Square Feet of Building(s) 21-1113

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9 City Council Meeting Regular Agenda January 25, 2022

1. 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 Zone Change No. 21-001 for text and figure changes that include changing Planning Area 1 to Planning Area 3 within the Auto Overlay of the Zoning and Development Code on approximately 6.20 adjusted gross acres (APN :
0240-011-03, - 05, - 06, - 35, - 38, - 41, - 42, and - 44), and amending Section 6403(a) to allow for a grocery store use, and the reading of the title constitutes the first thereof.

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 Development Agreement No. 21-003, between the City of Fontana and Sage Citrus Fontana, LLC which provides a public benefit fee in the amount of $376,180.00 dollars and the reading of the title constitutes the first reading thereof.

2. Adopt Resolution No. 2022-___ a Resolution of the City Council of the City of Fontana, adopting the initial study and Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.16 of the 2019 Local Guidelines for Implementing CEQA, approving Tentative Parcel Map No. 20370 (TPM No. 21-006) for consolidation of eight ( 8) parcels into five ( 5) parcels, approving Conditional Use Permit No. 21-004 for a Type 21 ABC license, approving Conditional Use Permit No. 21-005 and CUP No. 21-006 for drive-thru establishments, approving Design Review No. 21-010 for site and architectural review of a commercial shopping center with a grocery store and five ( 5) additional pads for a total building square footage of approximately 53,740 square feet and approving Design Review Sign No. 21-018 for a sign program to the Auto Center Overlay District on a 6.20 adjusted gross acre project site (APN :
0240-011-38, -41, -03, -05, -42, -06, -35 and -44) subject to the findings and conditions of approval.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Site Plan
Attachment No. 3 - Planning Commission Staff Report from Dec. 7, 2021 and Minutes
Attachment No. 4 - City Council Ordinance for ZCA No.
21-001
Attachment No. 5 - City Council Ordinance for DA No.
21-003
Attachment No. 6 - City Council Resolution for TPM, CUPs, and DRs
Attachment No. 7 - Public Hearing Notice
Attachments:

C. Resolution of Necessity Public Hearing: Assessor Parcel Nos. 0232-201-12 and 0232-201-13
21-1116

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10 City Council Meeting Regular Agenda January 25, 2022

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.

Rosemead Properties Exhibit A Legal Description and
Assessor Parcel Map
Resolution of Necessity - Rosemead Properties - Citrus
Arrow
Rosemead Properites - Notice of Hearing to Property Owner - Resolution of Necessity
Attachments:

D. 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 ’s Environmental Health Code, and Adoption of a Regular Ordinance for Long-Term
Implementation of same
21-1135

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

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11 City Council Meeting Regular Agenda January 25, 2022 13-30 of the Fontana Municipal Code, amending the enforcement authority regarding the City ’s environmental health code and the reading of the title constitutes the first thereof.

Attachment No. 1 - Urgency Ordinance
Attachment No. 2 - Ordinance
Attachment No. 3 - Notice of Exemption
Attachment No. 4 - Public Hearing Notice
Attachments:

NEW BUSINESS:

A. 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
21-1093
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
Fontana_ Ordinance Amending Mayor and City
Councilmembers Compensation
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Discussion and Possible Action Regarding Appointment to the Parks, Community, and Human Services Commission to fill an unscheduled vacancy
21-1119
B. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the State of the City Address to be held on Thursday, January 27, 2022, at 5:00 p.m. at the Water of Life Church located at 7625 East Avenue, Fontana, California; and to the next Regular City Council Meeting on February 8, 2022, at 7:00 p.m. in the Grover W .

Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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12 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1128 Agenda Date: 1/25/2022
Agenda #: Category: Workshop
City Council Workshop
Tuesday, January 25, 2022
5:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 1/20/2022Page 1 of 1
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13 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1132 Agenda Date: 1/25/2022
Agenda #: Category: Closed Session
Closed Session
Tuesday, January 25, 2022
6:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 1/20/2022Page 1 of 1
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14 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1131 Agenda Date: 1/25/2022
Agenda #: A. Category: Unfinished Business
Redistricting Public Hearing (#3)
Tuesday, January 25, 2022
7:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 1/20/2022Page 1 of 1
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15 City of Fontana
Redistricting 2021-2022
1/25/2022 Todd Tatum
National Demographics Corporation
16 2
Redistricting Process
2*SB 594 would explicitly confirm maps may be adopted by resolution.

Step Description
Two Initial Hearings
October 12 & October 26
Held prior to release of draft maps.

Education and to solicit input on the communities in the Districts.

Census Data Release
Mid/Late August
Census Bureau releases official 2020 Census population data.

California Data Release
Early October 2021
California Statewide Database releases California’s official ‘prisoner- adjusted’ 2020 redistricting data.

Two Draft Map Hearings
January 25 & March 8
Two Public Hearings to discuss and revise the draft maps and to discuss the election sequence.

Map Adoption
By April 17, 2022
Final map must be posted at least 7 days prior to adoption.

Map adopted via ordinance.*
17 3
Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Minimize voters shifted to
different election years
Respect voters’ choices /
continuity in office
Future population growth
Preserving the core of existing
districts

1. Federal Laws 2. California Criteria for
Cities (rank ordered)

1.Geographically contiguous

2.Undivided neighborhoods and
“communities of interest”
(Socio-economic geographic areas that
should be kept together)

3.Easily identifiable boundaries

4.Compact
(Do not bypass one group of people to
get to a more distant group of people)
Prohibited:
“Shall not favor or discriminate against
a political party.”

3. Other Traditional
Redistricting Principles
3 Redistricting Rules and Goals
18 4
Initial Draft Maps
 Three initial draft maps have been developed by NDC,
and 2 draft maps submitted from the Public.
 All of the maps created by NDC have a deviation
under the required 10%.
 NDC Map 101 has a deviation of 3.85%
 NDC Map 102 has a deviation of 4.70%
 NDC Map 103 has a deviation of 4.28%
 Public Map 401 has a deviation of 4.78%
 Public Map 601 has a deviation of 21.49% (a 6 district Map)
 Existing Districts deviation is 12.16%
19 5
NDC Draft Map 101
20 6
NDC Map 101 Demographics
Date
Fontana Map 101
District 1 2 3 4 Total
Total Pop 52,751 53,041 52,237 51,031 209,060
Deviation from ideal 486 776 -28 -1,234 2,010
% Deviation 0.93% 1.48% -0.05% -2.36% 3.85%
Total Pop
% Hisp 47.9% 72% 75% 76% 68%
% NH White 20% 9% 12% 8% 12%
% NH Black 13% 9% 6% 7% 9%
% Asian-American 15% 8% 5% 7% 9%
Citizen Voting Age Pop
Total 34,285 26,950 28,076 32,285 121,597
% Hisp 49% 67% 69% 69% 63%
% NH White 22% 16% 19% 13% 18%
% NH Black 17% 9% 7% 11% 11%
% Asian/Pac.Isl. 10% 7% 4% 5% 7%
Voter Registration (Nov
2020)
Total 31,188 21,928 25,280 24,571 102,967
% Latino est. 45% 63% 67% 70% 60%
% Spanish-Surnamed 40% 58% 61% 63% 54%
% Asian-Surnamed 5% 3% 2% 2% 3%
% Filipino-Surnamed 3% 3% 2% 2% 2%
% NH White est. 30% 22% 26% 17% 24%
% NH Black 21% 13% 9% 14% 15%
Voter Turnout (Nov
2020)
Total 24,958 15,394 17,922 17,832 76,106
% Latino est. 43% 60% 65% 68% 57%
% Spanish-Surnamed 39% 55% 59% 61% 52%
% Asian-Surnamed 4% 3% 2% 3% 3%
% Filipino-Surnamed 3% 3% 2% 2% 2%
% NH White est. 31% 23% 27% 17% 25%
% NH Black 21% 14% 9% 15% 16%
21 7
NDC Draft Map 102
22 8
NDC Map 102 Demographics
Date
Fontana Map 102
District 1 2 3 4 Total
Total Pop 52,259 52,411 50,966 53,424 209,060
Deviation from ideal -6 146 -1,299 1,159 2,458
% Deviation -0.01% 0.28% -2.49% 2.22% 4.70%
Total Pop
% Hisp 51.4% 82% 61% 76% 68%
% NH White 17% 7% 16% 10% 12%
% NH Black 14% 6% 10% 7% 9%
% Asian-American 15% 3% 11% 5% 9%
Citizen Voting Age Pop
Total 33,385 28,340 28,835 31,036 121,597
% Hisp 54% 76% 57% 66% 63%
% NH White 18% 13% 22% 17% 18%
% NH Black 17% 9% 9% 11% 11%
% Asian/Pac.Isl. 9% 2% 10% 5% 7%
Voter Registration (Nov
2020)
Total 30,012 20,943 27,290 24,722 102,967
% Latino est. 48% 74% 55% 68% 60%
% Spanish-Surnamed 43% 67% 50% 62% 54%
% Asian-Surnamed 5% 1% 4% 2% 3%
% Filipino-Surnamed 3% 1% 3% 2% 2%
% NH White est. 26% 17% 30% 22% 24%
% NH Black 22% 11% 12% 12% 15%
Voter Turnout (Nov
2020)
Total 23,634 14,148 20,679 17,645 76,106
% Latino est. 46% 72% 53% 66% 57%
% Spanish-Surnamed 42% 66% 48% 60% 52%
% Asian-Surnamed 4% 1% 4% 2% 3%
% Filipino-Surnamed 3% 1% 3% 2% 2%
% NH White est. 27% 18% 31% 22% 25%
% NH Black 22% 11% 13% 13% 16%
23 9
NDC Draft Map 103
24 10
NDC Map 103 Demographics
Fontana Map 103
District 1 2 3 4 Total
Total Pop 52,363 52,735 50,862 53,100 209,060
Deviation from ideal 98 470 -1,403 835 2,238
% Deviation 0.19% 0.90% -2.68% 1.60% 4.28%
Total Pop
% Hisp 51.7% 83% 60% 76% 68%
% NH White 19% 7% 14% 10% 12%
% NH Black 12% 6% 11% 7% 9%
% Asian-American 14% 3% 12% 5% 9%
Citizen Voting Age Pop
Total 33,408 28,362 28,812 31,014 121,597
% Hisp 51% 76% 60% 66% 63%
% NH White 22% 13% 18% 17% 18%
% NH Black 16% 8% 10% 11% 11%
% Asian/Pac.Isl. 9% 2% 11% 5% 7%
Voter Registration (Nov
2020)
Total 30,068 21,006 27,234 24,659 102,967
% Latino est. 47% 74% 56% 68% 60%
% Spanish-Surnamed 43% 68% 51% 62% 54%
% Asian-Surnamed 4% 1% 4% 2% 3%
% Filipino-Surnamed 3% 1% 3% 2% 2%
% NH White est. 29% 18% 26% 21% 24%
% NH Black 19% 10% 15% 13% 15%
Voter Turnout (Nov
2020)
Total 23,868 14,173 20,445 17,620 76,106
% Latino est. 46% 72% 53% 66% 57%
% Spanish-Surnamed 42% 66% 49% 60% 52%
% Asian-Surnamed 4% 1% 4% 2% 3%
% Filipino-Surnamed 3% 1% 3% 2% 2%
% NH White est. 30% 18% 27% 22% 25%
% NH Black 20% 11% 16% 13% 16%
25 11
Public Map 401
26 12
Public Map 401 Demographics
Fontana Public Map 401
District 1 2 3 4 Total
Total Pop 53,311 52,670 52,266 50,813 209,060
Deviation from ideal 1,046 405 1 -1,452 2,498
% Deviation 2.00% 0.77% 0.00% -2.78% 4.78%
Total Pop
% Hisp 43.0% 75% 78% 76% 68%
% NH White 22% 11% 8% 9% 12%
% NH Black 15% 7% 7% 7% 9%
% Asian-American 17% 5% 5% 7% 9%
Citizen Voting Age Pop
Total 34,282 29,061 26,112 32,141 121,597
% Hisp 43% 70% 74% 69% 63%
% NH White 26% 15% 14% 14% 18%
% NH Black 17% 8% 8% 11% 11%
% Asian/Pac.Isl. 12% 5% 3% 5% 7%
Voter Registration (Nov
2020)
Total 32,757 24,737 21,065 24,408 102,967
% Latino est. 41% 69% 69% 69% 60%
% Spanish-Surnamed 37% 62% 63% 62% 54%
% Asian-Surnamed 5% 2% 2% 3% 3%
% Filipino-Surnamed 3% 2% 2% 2% 2%
% NH White est. 33% 22% 20% 18% 24%
% NH Black 20% 11% 12% 14% 15%
Voter Turnout (Nov
2020)
Total 26,526 17,405 14,425 17,750 76,106
% Latino est. 40% 66% 67% 67% 57%
% Spanish-Surnamed 36% 61% 61% 61% 52%
% Asian-Surnamed 5% 2% 2% 3% 3%
% Filipino-Surnamed 3% 2% 2% 2% 2%
% NH White est. 34% 23% 21% 18% 25%
% NH Black 20% 12% 12% 15% 16%
27 13
Public Map 601
28 14
Public Map 601 Demographics
Fontana Public Map 601
District 1 2 3 4 5 6 Total
Total Pop 40,289 34,501 35,437 33,102 32,800 32,931 209,060 Deviation from ideal 5,446 -342 594 -1,741 -2,043 -1,912 7,489 % Deviation 15.63% -0.98% 1.70% -5.00% -5.86% -5.49% 21.49% Total Pop
% Hisp 43.9% 55% 75% 83% 83% 72% 68%
% NH White 22% 16% 9% 8% 9% 8% 12%
% NH Black 14% 12% 8% 6% 4% 9% 9%
% Asian-American 17% 14% 6% 2% 3% 8% 9%
Citizen Voting Age Pop
Total 24,821 22,080 19,501 15,310 18,886 20,999 121,597 % Hisp 44% 55% 72% 76% 74% 65% 63%
% NH White 27% 18% 13% 16% 17% 12% 18%
% NH Black 14% 17% 9% 6% 5% 15% 11%
% Asian/Pac.Isl. 14% 8% 6% 1% 2% 7% 7%
Voter Registration (Nov
2020)
Total 24,266 19,512 16,485 12,008 13,554 17,142 102,967 % Latino est. 42% 50% 70% 73% 75% 67% 60%
% Spanish-Surnamed 38% 46% 63% 66% 68% 60% 54%
% Asian-Surnamed 5% 4% 2% 1% 1% 3% 3%
% Filipino-Surnamed 3% 3% 2% 1% 1% 2% 2%
% NH White est. 35% 25% 20% 22% 23% 15% 24%
% NH Black 18% 21% 12% 8% 5% 18% 15%
Voter Turnout (Nov
2020)
Total 19,653 15,242 11,422 7,787 9,154 12,848 76,106
% Latino est. 41% 49% 68% 71% 74% 65% 57%
% Spanish-Surnamed 37% 44% 62% 64% 67% 59% 52%
% Asian-Surnamed 5% 4% 2% 1% 1% 3% 3%
% Filipino-Surnamed 3% 3% 2% 1% 1% 3% 2%
% NH White est. 36% 25% 21% 24% 23% 16% 25%
% NH Black 18% 22% 12% 8% 5% 19% 16%
29 15
Simple Map Review Tool
Online Interactive Review Map
 ESRI’s “ArcGIS Online” – similar to Google Maps in ease of use  Used to review, analyze and compare maps, not to create them  Includes overlays of “community of interest” and other data 15 30
16 Discussion
 Conduct a Public Hearing
 Any questions on the Draft Maps?
 Provide direction on what map the Council prefers or
new map the Council would like see at the next hearing
31 17
Redistricting Process Details
Date(s) Description Comments
October 12, 2021 1st Public Hearing
October 26, 2021 2nd Public Hearing
Mid-October 2021
Mapping software released to the public.
*Estimated time depending on Census data
January 25, 2022 3rd Public Hearing
February 25, 2022 Maps due from the public.

March 1, 2022 Publish Draft Maps
March 8, 2022
4th Public Hearing and Council adopt
District map. Must be completed no later
than April 17, 2022
The 4th hearing could also be the adoption
hearing
April 17, 2022 Deadline to adopt and submit map to
Registrar
32 18
Share Your Thoughts
Website
https://www.fontana.org/3431/Redistricting-Information
Phone
(909) 350-7602
Email
[email protected]
1833

NOTICE OF CITY COUNCIL PUBLIC HEARING

TO REECIVE PUBLIC INPUT AND PROPOSALS REGARDING

CITY COUNCIL DISTRICT BOUNDARIES

NOTICE IS HEREBY GIVEN that, pursuant to California Elections Code Section EC 22001, the Mayor and City Council of the City of Fontana will hold a public hearing to receive input regarding redistricting of Council Member districts.

Public Hearing #3 is scheduled as follows:

DATE: January 25, 2022
TIME: 7:00 p.m.

LOCATION: City Council Chambers; 8353 Sierra Avenue, Fontana, California 92335

The public is invited to attend an informational presentation from National Demographics Corporation (NDC) and presentation on NDC draft maps and maps submitted by the public.

Public input will also be received at this meeting.

Questions or input may also be emailed to: [email protected]

Complete redistricting information can be found at www.fontana.org In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, contact the City Clerk’s Office at ( 909) 350-7602 at least three (3) working days before the meeting or time when such special services are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting.

If you need language translation assistance, contact the City Clerk’s Office at ( 909) 350-7602 at least 72 hours before the meeting.

/s/ Ashton R. Arocho, CMC
Deputy City Clerk

Publication: January 14, 2022; January 21, 2022

34 2
3 1
4 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Slover Ave
Valley Blvd
San Bernardino Ave
Jurupa Ave
Citrus Ave
Cherry Ave
Lytle Creek Rd
San Sevaine Rd
Carter Ave
Merrill Ave
Randall Ave
Santa Ana Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
35 Map 101
District 1
Total Pop 52,751
Deviation from ideal 486
% Deviation 0.93%
% Hisp 47.9%
% NH White 20%
% NH Black 13%
% Asian-American 15%
Total 34,285
% Hisp 49%
% NH White 22%
% NH Black 17%
% Asian/Pac.Isl. 10%
Total 31,188
% Latino est. 45%
% Spanish-Surnamed 40%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 30%
% NH Black 21%
Total 24,958
% Latino est. 43%
% Spanish-Surnamed 39%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 31%
% NH Black 21%
Total 14,804
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 33%
% NH Black est. 23%
ACS Pop. Est. Total 53,339
age0-19 32%
age20-60 56%
age60plus 13%
immigrants 21%
naturalized 60%
english 58%
spanish 30%
asian-lang 9%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 51%
bachelor 21%
graduatedegree 8%
Child in Household child-under18 52%
Pct of Pop. Age 16+ employed 66%
income 0-25k 6%
income 25-50k 11%
income 50-75k 17%
income 75-200k 52%
income 200k-plus 13%
single family 98%
multi-family 2%
rented 16%
owned 84%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

1.48%
72%
9%
9%
8%
26,950
67%
16%
9%
7%
21,928
63%
58%
3%
3%
22%
13%
15,394
60%
55%
3%
3%
23%
14%
8,282
57%
52%
3%
2%
25%
15%
52,695
35%
55%
10%
31%
40%
34%
61%
4%
2%
23%
50%
11%
4%
56%
68%
18%
20%
21%
37%
4%
70%
30%
52%
48%
3 52,237
-28
-0.05%
75%
12%
6%
5%
28,076
69%
19%
7%
4%
25,280
67%
61%
2%
2%
26%
9%
17,922
65%
59%
2%
2%
27%
9%
9,576
60%
55%
1%
1%
30%
10%
49,778
31%
56%
14%
28%
43%
38%
57%
3%
2%
22%
52%
9%
3%
47%
63%
16%
22%
24%
35%
4%
80%
20%
39%
61%
4 51,031
-1,234
-2.36%
76%
8%
7%
7%
32,285
69%
13%
11%
5%
24,571
70%
63%
2%
2%
17%
14%
17,832
68%
61%
3%
2%
17%
15%
10,103
64%
59%
2%
2%
19%
16%
54,054
32%
58%
11%
27%
51%
37%
58%
3%
2%
19%
53%
13%
3%
51%
67%
14%
19%
19%
44%
3%
88%
12%
33%
67%
Total
209,060
2,010

3.85%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/12/2022 17:16 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
36 1
4 3
2 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Slover Ave
Valley Blvd
San Bernardino Ave
Jurupa Ave
Citrus Ave
Cherry Ave
Lytle Creek Rd
San Sevaine Rd
Carter Ave
Merrill Ave
Randall Ave
Santa Ana Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
37 Map 102
District 1
Total Pop 52,259
Deviation from ideal -6
% Deviation -0.01%
% Hisp 51.4%
% NH White 17%
% NH Black 14%
% Asian-American 15%
Total 33,385
% Hisp 54%
% NH White 18%
% NH Black 17%
% Asian/Pac.Isl. 9%
Total 30,012
% Latino est. 48%
% Spanish-Surnamed 43%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 26%
% NH Black 22%
Total 23,634
% Latino est. 46%
% Spanish-Surnamed 42%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 27%
% NH Black 22%
Total 13,773
% Latino est. 43%
% Spanish-Surnamed 39%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 29%
% NH Black est. 24%
ACS Pop. Est. Total 53,066
age0-19 32%
age20-60 56%
age60plus 12%
immigrants 22%
naturalized 57%
english 54%
spanish 36%
asian-lang 8%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 52%
bachelor 18%
graduatedegree 7%
Child in Household child-under18 54%
Pct of Pop. Age 16+ employed 66%
income 0-25k 7%
income 25-50k 11%
income 50-75k 20%
income 75-200k 52%
income 200k-plus 10%
single family 97%
multi-family 3%
rented 19%
owned 81%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

0.28%
82%
7%
6%
3%
28,340
76%
13%
9%
2%
20,943
74%
67%
1%
1%
17%
11%
14,148
72%
66%
1%
1%
18%
11%
7,766
69%
64%
1%
2%
19%
11%
55,604
34%
57%
9%
32%
39%
29%
68%
1%
1%
24%
52%
9%
2%
55%
68%
18%
23%
23%
34%
2%
71%
29%
52%
48%
3 50,966
-1,299
-2.49%
61%
16%
10%
11%
28,835
57%
22%
9%
10%
27,290
55%
50%
4%
3%
30%
12%
20,679
53%
48%
4%
3%
31%
13%
11,180
48%
45%
3%
2%
34%
14%
48,050
31%
56%
13%
26%
53%
48%
42%
7%
3%
19%
51%
16%
6%
48%
68%
10%
16%
16%
48%
10%
92%
8%
27%
73%
4 53,424
1,159

2.22%
76%
10%
7%
5%
31,036
66%
17%
11%
5%
24,722
68%
62%
2%
2%
22%
12%
17,645
66%
60%
2%
2%
22%
13%
10,046
60%
55%
1%
2%
26%
14%
53,147
31%
56%
13%
27%
46%
37%
58%
3%
2%
20%
51%
11%
3%
49%
63%
19%
21%
22%
35%
3%
78%
22%
39%
61%
Total
209,060
2,458

4.70%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/12/2022 17:45 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
38 1
4 3
2 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Slover Ave
Valley Blvd
San Bernardino Ave
Jurupa Ave
Citrus Ave
Cherry Ave
Lytle Creek Rd
Beech Ave
San Sevaine Rd
Carter Ave
Merrill Ave
Randall Ave
Santa Ana Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
39 Map 103
District 1
Total Pop 52,363
Deviation from ideal 98
% Deviation 0.19%
% Hisp 51.7%
% NH White 19%
% NH Black 12%
% Asian-American 14%
Total 33,408
% Hisp 51%
% NH White 22%
% NH Black 16%
% Asian/Pac.Isl. 9%
Total 30,068
% Latino est. 47%
% Spanish-Surnamed 43%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 29%
% NH Black 19%
Total 23,868
% Latino est. 46%
% Spanish-Surnamed 42%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 30%
% NH Black 20%
Total 14,031
% Latino est. 42%
% Spanish-Surnamed 38%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 33%
% NH Black est. 22%
ACS Pop. Est. Total 52,452
age0-19 32%
age20-60 55%
age60plus 13%
immigrants 22%
naturalized 58%
english 55%
spanish 35%
asian-lang 8%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 13%
hs-grad 50%
bachelor 19%
graduatedegree 8%
Child in Household child-under18 51%
Pct of Pop. Age 16+ employed 67%
income 0-25k 8%
income 25-50k 12%
income 50-75k 17%
income 75-200k 51%
income 200k-plus 12%
single family 97%
multi-family 3%
rented 20%
owned 80%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

0.90%
83%
7%
6%
3%
28,362
76%
13%
8%
2%
21,006
74%
68%
1%
1%
18%
10%
14,173
72%
66%
1%
1%
18%
11%
7,774
69%
64%
1%
2%
20%
11%
55,782
34%
57%
9%
32%
39%
29%
68%
1%
1%
24%
52%
9%
2%
55%
67%
18%
24%
23%
34%
2%
71%
29%
53%
47%
3 50,862
-1,403
-2.68%
60%
14%
11%
12%
28,812
60%
18%
10%
11%
27,234
56%
51%
4%
3%
26%
15%
20,445
53%
49%
4%
3%
27%
16%
10,922
49%
46%
3%
2%
29%
17%
48,664
32%
56%
12%
25%
52%
47%
43%
7%
3%
19%
52%
15%
6%
51%
67%
9%
15%
19%
49%
8%
91%
9%
27%
73%
4 53,100
835

1.60%
76%
10%
7%
5%
31,014
66%
17%
11%
5%
24,659
68%
62%
2%
2%
21%
13%
17,620
66%
60%
2%
2%
22%
13%
10,038
60%
55%
1%
2%
25%
14%
52,970
31%
56%
13%
27%
47%
38%
57%
3%
2%
19%
52%
11%
3%
49%
64%
19%
20%
22%
36%
3%
78%
22%
39%
61%
Total
209,060
2,238

4.28%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/12/2022 18:01 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
40 3
2 1
4 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Slover Ave
Valley Blvd
San Bernardino Ave
Jurupa Ave
Citrus Ave
Cherry Ave
Lytle Creek Rd
Beech Ave
San Sevaine Rd
Merrill Ave
Randall Ave
Santa Ana Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER 41
Public 401
District 1
Total Pop 53,311
Deviation from ideal 1,046
% Deviation 2.00%
% Hisp 43.0%
% NH White 22%
% NH Black 15%
% Asian-American 17%
Total 34,282
% Hisp 43%
% NH White 26%
% NH Black 17%
% Asian/Pac.Isl. 12%
Total 32,757
% Latino est. 41%
% Spanish-Surnamed 37%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 33%
% NH Black 20%
Total 26,526
% Latino est. 40%
% Spanish-Surnamed 36%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 34%
% NH Black 20%
Total 15,315
% Latino est. 36%
% Spanish-Surnamed 33%
% Asian-Surnamed 3%
% Filipino-Surnamed 3%
% NH White est. 36%
% NH Black est. 22%
ACS Pop. Est. Total 52,999
age0-19 32%
age20-60 56%
age60plus 12%
immigrants 20%
naturalized 63%
english 63%
spanish 24%
asian-lang 10%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 10%
hs-grad 51%
bachelor 22%
graduatedegree 9%
Child in Household child-under18 53%
Pct of Pop. Age 16+ employed 68%
income 0-25k 4%
income 25-50k 9%
income 50-75k 14%
income 75-200k 56%
income 200k-plus 17%
single family 98%
multi-family 2%
rented 17%
owned 83%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

0.77%
75%
11%
7%
5%
29,061
70%
15%
8%
5%
24,737
69%
62%
2%
2%
22%
11%
17,405
66%
61%
2%
2%
23%
12%
9,697
61%
56%
1%
1%
26%
13%
51,206
31%
56%
13%
28%
43%
38%
58%
3%
2%
22%
52%
10%
3%
49%
64%
16%
20%
25%
36%
3%
80%
20%
37%
63%
3 52,266
1 0.00%
78%
8%
7%
5%
26,112
74%
14%
8%
3%
21,065
69%
63%
2%
2%
20%
12%
14,425
67%
61%
2%
2%
21%
12%
7,705
64%
59%
1%
2%
23%
13%
51,991
35%
55%
10%
33%
38%
29%
68%
2%
2%
25%
50%
9%
3%
54%
65%
20%
22%
22%
34%
2%
69%
31%
52%
48%
4 50,813
-1,452
-2.78%
76%
9%
7%
7%
32,141
69%
14%
11%
5%
24,408
69%
62%
3%
2%
18%
14%
17,750
67%
61%
3%
2%
18%
15%
10,048
63%
58%
2%
2%
20%
16%
53,671
32%
57%
11%
26%
52%
38%
57%
3%
2%
19%
53%
13%
3%
51%
67%
15%
20%
20%
43%
3%
87%
13%
35%
65%
Total
209,060
2,498

4.78%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/18/2022 10:35 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
42 4
3 2
6 5
1 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Slover Ave
Valley Blvd
San Bernardino Ave
Jurupa Ave
Citrus Ave
Cherry Ave
Lytle Creek Rd
Beech Ave
San Sevaine Rd
Carter Ave
Randall Ave
Santa Ana Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER 43
Public 601
District 1
Total Pop 40,289
Deviation from ideal 5,446
% Deviation 15.63%
% Hisp 43.9%
% NH White 22%
% NH Black 14%
% Asian-American 17%
Total 24,821
% Hisp 44%
% NH White 27%
% NH Black 14%
% Asian/Pac.Isl. 14%
Total 24,266
% Latino est. 42%
% Spanish-Surnamed 38%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 35%
% NH Black 18%
Total 19,653
% Latino est. 41%
% Spanish-Surnamed 37%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 36%
% NH Black 18%
Total 10,948
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 38%
% NH Black est. 19%
ACS Pop. Est. Total 39,138
age0-19 32%
age20-60 58%
age60plus 10%
immigrants 20%
naturalized 60%
english 62%
spanish 24%
asian-lang 11%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 51%
bachelor 23%
graduatedegree 9%
Child in Household child-under18 52%
Pct of Pop. Age 16+ employed 69%
income 0-25k 5%
income 25-50k 8%
income 50-75k 16%
income 75-200k 54%
income 200k-plus 17%
single family 98%
multi-family 2%
rented 16%
owned 84%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. 2 34,501
-342
-0.98%
55%
16%
12%
14%
22,080
55%
18%
17%
8%
19,512
50%
46%
4%
3%
25%
21%
15,242
49%
44%
4%
3%
25%
22%
8,902
45%
41%
3%
3%
27%
24%
34,892
32%
54%
14%
23%
57%
51%
41%
6%
2%
15%
51%
16%
7%
52%
65%
9%
13%
19%
51%
8%
96%
4%
22%
78%
3 35,437
594

1.70%
75%
9%
8%
6%
19,501
72%
13%
9%
6%
16,485
70%
63%
2%
2%
20%
12%
11,422
68%
62%
2%
2%
21%
12%
6,224
62%
57%
2%
2%
24%
13%
34,293
31%
55%
13%
30%
46%
36%
59%
3%
2%
23%
52%
10%
3%
48%
65%
16%
23%
21%
38%
2%
76%
24%
44%
56%
4 33,102
-1,741
-5.00%
83%
8%
6%
2%
15,310
76%
16%
6%
1%
12,008
73%
66%
1%
1%
22%
8%
7,787
71%
64%
1%
1%
24%
8%
4,332
65%
60%
1%
1%
28%
9%
32,835
35%
55%
10%
33%
33%
28%
71%
1%
0%
26%
51%
6%
1%
55%
63%
23%
26%
25%
25%
1%
60%
40%
61%
39%
5 32,800
-2,043
-5.86%
83%
9%
4%
3%
18,886
74%
17%
5%
2%
13,554
75%
68%
1%
1%
23%
5%
9,154
74%
67%
1%
1%
23%
5%
5,205
69%
63%
1%
1%
26%
6%
34,665
34%
54%
12%
30%
43%
29%
67%
2%
2%
23%
50%
8%
2%
51%
64%
22%
23%
23%
30%
2%
77%
23%
44%
56%
6 32,931
-1,912
-5.49%
72%
8%
9%
8%
20,999
65%
12%
15%
7%
17,142
67%
60%
3%
2%
15%
18%
12,848
65%
59%
3%
3%
16%
19%
7,154
61%
56%
2%
3%
17%
20%
34,044
30%
60%
10%
26%
53%
42%
52%
4%
2%
17%
54%
15%
4%
52%
70%
8%
16%
20%
51%
4%
94%
6%
27%
73%
Total
209,060
7,489

21.49%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/19/2022 22:22 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
44 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1041 Agenda Date: 1/25/2022
Agenda #: Category: Proclamation
Proclamation
National Mentoring Month
Tuesday, January 25, 2022
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 1/20/2022Page 1 of 2
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45 File #: 21-1041 Agenda Date: 1/25/2022
Agenda #: Category: Proclamation
City of Fontana Printed on 1/20/2022Page 2 of 2
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46 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1121 Agenda Date: 1/25/2022
Agenda #: Category: Special Presentation
Special Presentations
Tuesday, January 25, 2022
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 1/20/2022Page 1 of 1
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47 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1139 Agenda Date: 1/25/2022
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the December 14, 2021, Regular City Council Meeting.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community.

DISCUSSION:

The City Council will consider approval of the minutes of the December 14, 2021, Regular 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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48 Tuesday, December 14, 2021
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Tonia Lewis - City Clerk
Janet Koehler-Brooks - City Treasurer
Minutes

Page 1 of 1 ends

49 WORKSHOP:

A. 5:00 P.M. City Council Workshop
The City Council Workshop was held on Tuesday, December 14, 2021, in the Grover W.

Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Mayor Warren called the meeting to order at 5:01 p.m. with all members of the City Council present.

The City Council Regular meeting agenda was received and there were no City Manager comments.

There were no public communications received.

Housing Development Manager Valerie Gonzales and Deputy City Manager Phil Burum provided the Mayor and City Council with a brief overview of Housing Solutions available to the community.

Mayor Warren asked for clarification from staff if there is a cap on how long an individual can partake in the housing program through the City and what the certification process entails. Housing Development Manager Gonzalez confirmed that there is no cap for such benefits and there is an annual recertification process to confirm qualifications are still met.

Public Works Director Keith Kramer and Infrastructure Management Services (IMS) Vice-President of Engineering, Kurt Keifer, provided the Mayor and City Council with an overview on pavement management throughout the City.

Council Member Roberts added that the new Infrastructure Bill passed by President Biden should provide some funding for maintenance of our current pavement infrastructure and stated that it is cheaper to maintain than to replace.

Due to the remaining time allotted for the workshop, Mayor Warren asked Interim City Manager Shannon Yauchzee to introduce newly hired Chief Financial Officer Jessica Brown to the Council and community.

The Workshop adjourned at 5:53 p.m.

CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:00 p.m. located at 8353 Sierra Avenue, Fontana, California, with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session

Page 1 of 12 ends

50 City Council Meeting Minutes December 14, 2021
There were no public communications received on the following Closed Session Items:

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining Unit; Police Officers Association; Police Benefits Association; and Management/Confidential Employees
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (1)
Case: Glenn Thomas v. City of Fontana
Court: United States District Court-Central District of California Court Case No. 5:21cv-00452 JGB KK

CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Vacant Land on Arrow Blvd (APN 0191-162-05)
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Cieba Inc.

Under negotiation: Price and terms of payment

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Sierra Club v. City of Fontana, et al. San Bernardino Superior Court Case No. CIVSB2121605; and
People of the State of California v. City of Fontana, et al.

San Bernardino Superior Court Case No. CIVSB2121829
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: APN’s 1108-072-01 thru -16 and 1108-074-01 thru -16 City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Diversified Pacific Communities
Under Negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: APN’s 0191-116-239 and 0191-162-08
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Labra Investments, LLC
Under Negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: APN 0237-411-13
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Newbridge Homes
Under Negotiation: Price and terms of payment

Page 2 of 12 ends

51 City Council Meeting Minutes December 14, 2021
CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

The Regular meeting of the Fontana City Council was held concurrently with the Fontana Successor Agency, Fontana Public Financing Authority, Fontana Industrial Development Authority, Fontana Community Foundation, Fontana Fire Protection District, and Fontana Housing Authority meeting.

The meetings took place in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, California on Tuesday, December 14, 2021. Mayor Warren called the meeting to order at 7:08 p.m.

ROLL CALL:

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

Absent: None
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Fontana Police Department Chaplain Valerie Torres/ Pledge of Allegiance:

Following the invocation led by Fontana Police Department Chaplain Valerie Torres, the pledge of allegiance was led by Mayor Pro Tem Cothran.

CLOSED SESSION ANNOUNCEMENT
City Attorney Duran noted that the Mayor and City Council met in closed session on the seven items listed on the agenda and took no reportable action.

SPECIAL PRESENTATIONS:

A. Special Presentations

Page 3 of 12 ends

52 City Council Meeting Minutes December 14, 2021
A. Mayor Warren and City Council to recognize Veterans Day Writing and Art Contest Winners Essay Winner
Council Member Sandoval introduced Special Events Coordinator Salena Zapata to recognize the following winners: Canaan Mejia - 2nd Place (Poetry); Aria Shah - 2nd Place (Art); and Julienne Ramiterre - 2nd Place (Writing).

B. Mayor Warren and City Council to introduce Chief Financial Officer Jessica Brown Interim City Manager Shannon Yauchzee introduced Chief Financial Officer Jessica Brown to the Fontana team and community.

C. Mayor Warren and City Council to recognize retiring Human Resources Analyst, Terri Truitt, and Human Resources Analyst, Nora Haynes
Human Resource Department Director Rakesha Thomas recognized her two retiring employees and thanked them for their exceptional years of service to the Fontana team.

In lieu of attendance, Human Resources Department Director Thomas accepted the awards on behalf of her employees.

D. Mayor Warren and City Council to recognize Sergeant Jon VanTuinen, Corporal Buddy Porch, Officers Aaron Alcala, Johnsull Doakes, Brandon Gossert, Dustin Hodgins, Christine Tomicic and Reserve Officer Ryan Starling as the Police Department’s October 2021 Employees of the Month
Fontana Police Captain Dorsey recognized the following as the Police Department October 2021 Employees of the Month: Sergeant Jon VanTuinen, Corporal Buddy Porch, Officers Aaron Alcala, Johnsull Doakes, Dustin Hodgins, Christine Tomicic and Reserve Officer Ryan Starling. Officer Brandon Gossert was absent.

E. Mayor Warren and City Council to recognize Officer Christopher Drayer and Dispatch Shift Supervisor Mary Jo Grinceri as the Police Department’s November 2021 Employees of the Month
Fontana Police Captain Dorsey recognized the following as the Police Department November 2021 Employee of the Month: Officer Christopher Drayer. Dispatch Shift Supervisor Mary Jo Grinceri was absent.
21-1050
PUBLIC COMMUNICATIONS:

A. Public Communications

Page 4 of 12 ends

53 City Council Meeting Minutes December 14, 2021
The following individuals spoke under public communications:

Lauren Ensbera, Representative of Chaffey College, provided a brief report on upcoming events hosted by Chaffey College - Fontana Campus.

Bishop Emory James, announced the upcoming 34th Annual Martin Luther King event and other upcoming events in the community.

Elizabeth Sena voiced concerns of public health due to warehouse developments within the community.

Amparo Munoz voiced concerns of public health due to warehouse developments within the community.

Ana Gonzalez voiced concerns of public health due to warehouse developments within the community.

Gabriela Mendez voiced concerns of public health due to warehouse developments within the community.

Matt provided a review of current data on the air quality of Fontana.

Selene voiced concerns of public health due to warehouse developments within the community.

After public communications, Mayor Warren asked Fire Chief Jeff Birchfield to provide the Council and Community on an update of the recent weather conditions and call for evacuations in the Lytle Creek area.

CONSENT CALENDAR:

The following individuals spoke under public communications:

Elizabeth Sena, Consent Calendar Item 'C', commented on the plan including South Fontana and urged the Mayor, City Council and City staff not to forget this when developing; and concluded with concerns of truck routes that pass schools during school hours.

Andrea De Leon, Consent Calendar Item 'H'.

Interim City Manager Yauchzee provided a brief update on the addition of an application from 'Ronald McDonald - House Walk for Kids', under Consent Calendar Item 'K'. City Attorney Duran confirmed with Deputy City Clerk Gout that the additional application will be included in the record and has been made available for the public review during tonight's meeting.

Council Member Garcia noted for the record that he must abstain from Consent Calendar Items 'G, I' under the Political Reform Act of owning property near the project site. Deputy City Clerk Gout will note this abstaintion for the record.

ACTION: Motion was made by Council Member Sandoval, seconded by Mayor Pro Tem

Page 5 of 12 ends

54 City Council Meeting Minutes December 14, 2021
Cothran, and passed unanimously by a vote of 5-0 to adopt Consent Calendar Items 'A-L'. The motion carried by the following vote: (AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN; Garcia (Items G, I); ABSENT: None) A. Approval of Minutes 21-1046
Approve the minutes of the October 26, 2021, and November 9, 2021, Regular City Council Meetings.

B. 2022 City Hall Holiday and City Council Meeting Calendar 21-986 Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2022.

C. Accept the 2021 TDA Article 3 Grant Award for the Kathy Binks Safe Routes to School Project
21-1052

1. Accept the 2021 Transportation Development Ace (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Kathy Binks Safe Routes to School Project in the amount of $160,000.00.

2. Accept the 2021 Transportation Development Ace (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Transit Stop Access Improvement Program in the amount of $37,580.00.

3. Approve Resolution Authorizing the submittal of Claim Forms, submission of Reimbursement Request Forms, and designate the City Engineer to certify project completions for the Kathy Binks Safe Routes to School Project and the Transit Stop Improvement Project related to TDA Article 3 Grant Awards.

D. Adopt the Part Time and City Hall Salary Tables to Comply with Minimum Wage Increases
21-1071
Adopt the non-classified, part time salary table and the City Hall Unit salary table to comply with minimum wage increases, effective January 1, 2022.

E. Annual Report on Development Impact Fees 21-1048
Adopt Resolution No. 2021-119 of the City Council of the City of Fontana, approving the Annual Report on Development Impact Fees and making findings as to unexpended funds.

F. Approval of the Declaration of Dedication Flood Regulation Replacement Basin Agreement for Tract Map No. 18820 and 18944
21-974
Authorize the City Manager to execute the Second Declaration of Dedication Flood Regulation Basin Agreement with LCD Sierra Crest, LLC. For Tract Map No. 18820 and 18944
G. Approve Amendment No. 1 to Professional Services Agreement with WLC Architects, Inc. for Fire Station No. 81
21-1078
Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with WLC Architects, Inc. for Construction Phase Services in the additional amount of $90,000 for Fire Station No. 81 (SQ-97-DE-20).

Page 6 of 12 ends

55 City Council Meeting Minutes December 14, 2021
H. Approval of the 2022 Fontana Legislative Platform 21-1089 Staff recommends the City Council approve the Legislative Platform and bring back updates from time to time.

I. Award a Construction Contract for Fire Station No. 81 21-1035

1. Award bid and authorize the City Manager to execute a Construction Contract with TELACU Construction Management, Inc. for the construction of the Fire Station No. 81 project in the amount of $ 8,205,000.00, authorize a 10% contingency in the amount of $ 820,500.00 (Bid No. SB- 06-DE-22) and ratify determination that the protest and appeal filed in connection therewith are without merit and any deficiencies asserted in connection with the protest and appeal are insubstantial and waived by the City on such basis as not affecting the amount of the bid or otherwise providing a competitive advantage.

2. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for Fire Station No. 81.

J. Award a Bid for the Valley Boulevard/Kaiser Sewer Project.

SB-19-PW-22
21-1058
Award bid and authorize the City Manager to execute a contract with GRBCON Inc., for the Valley Boulevard/Kaiser Sewer Project in the amount of $706,746.00 and a 10% contingency of $70,674.60.

K. Co-Sponsorship Applications Cycle (2) FY 2021/2022 21-1055 Review and approve the four (4) Co-Sponsorships recommended for the second half of 2021/2022 fiscal year (January 2022 through June 2022 totaling an amount of $10,546 as recommended by Parks, Community, and Human Services Commission).

L. Consider Opting Into Settlement Agreements With Distributors Of Opioids, Amerisource Bergan, Cardinal Health, And Mckesson, And Opioid Manufacturer Janssen (Owned By Johnson & Johnson) 21-1065
It is recommended that the City Council adopt Resolution No. 2021-120, authorizing the Interim City Manager to:

1. Opt into settlement agreement with opioid distributors, Amerisource Bergen, Cardinal Health, and McKesson, and direct the Interim City Manager to execute any documents necessary to implement the action.

2. Opt into settlement agreement with opioid manufacturer, Janssen (owned by Johnson & Johnson), and direct the Interim City Manager to execute any documents necessary to implement the action.

PUBLIC HEARINGS:

A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-1070

Page 7 of 12 ends

56 City Council Meeting Minutes December 14, 2021
ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Garcia, and passed unanimously by a vote of 5-0 to adopt Public Hearing 'A' as follows:

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

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

3. Adopt Resolution No. 2021-121 of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

The motion carried by the following vote (AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None)
B. Municipal Code Amendment (MCA) No. 21-002 - Amendments to Municipal Code Chapter 11 - Fire Prevention
21-1069

Mayor Warren opened the public hearing.

Deputy City Manager Phillip Burum provided the staff report and answered questions of the City Council.

There were no public communications received for this item.

Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed unanimously by a vote of 5-0 to approve Public Hearing 'B' as follows:

Read by title only and waive further reading of and introduce Ordinance No. 1876, an Ordinance of the City Council of the City of Fontana, California approving Municipal Code Amendment (MCA) No. 21-002 to amend Chapter 11 – Fire Prevention of the Municipal Code to (1) increase the minimum building square footage exception for requiring fire sprinklers, (2) require the installation of fire sprinklers or other appropriate fire suppression system as approved by the Fire Marshall for all buildings housing vehicles, and (3) allow installation of residential 13R or 13D fire sprinkler systems in place of commercial 13 systems for commercial buildings under 5,000

Page 8 of 12 ends

57 City Council Meeting Minutes December 14, 2021
square feet, and the reading of the title constitutes the first thereof.

The motion carried by the following vote: (AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None)
C. Zoning Code Amendment No. 21-009: A request for the adoption of an Urgency Ordinance amending Chapter 30, Article II, Division 21 to add Subdivision IV to the City Municipal Code and amending Chapter 30, Article V, Division 4 to add Section 30-434.1 to regulate urban lot splits and two-unit projects under SB 9; and finding the action to be exempt from CEQA
21-1081
Mayor Warren opened the public hearing.

Associate Planner, Cecily Session-Goins, provided the staff report and answered questions of the City Council.

There were no public communications received for this item.

Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt this Public Hearing as follows:

1. Determine that the project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemption), of the California Environmental Quality Act (CEQA) and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Exemption; and,

2. Read by title only and waive further reading of and introduce Ordinance No. 1877, an Ordinance of the City Council of the City of Fontana, approving amendments to Chapter 30 (Zoning and Development Code) of the Fontana Municipal Code, and that the reading of the title constitutes the first reading thereof.

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

NEW BUSINESS:

A. Appointment of Mayor Pro Tem 21-1039
ACTION: Motion was made by Mayor Pro Tem Cothran, seconded by Council Members Roberts, and passed unanimously by a vote of 5-0 to appoint Council Member Garcia as Mayor Pro Tem. (AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None)

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58 City Council Meeting Minutes December 14, 2021
B. Amendment to Chapter 7 of the Fontana Municipal Code adding Article III. Related to Mandate Electronic and Paperless Filing of Campaign Finance Disclosure Statements by Elected Officials, Candidates, or Committees: Introduction and First Reading of Ordinance
21-1060
Ashton R. Gout, CMC, Deputy City Clerk, provided the staff report and answered questions of the City Council.

No public communications were received on this item.

ACTION: Motion was made by Council Member Sandoval, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5-0 to adopt this New Business Item A as follows:

Read by title only and waive further reading of and introduce Ordinance No.1878, adding Article III to Chapter 7 of the Fontana Municipal Code, regarding mandate of electronic and paperless filing of Campaign Finance Disclosure Statements.

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

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
Interim City Manager Shannon Yauchzee wished the community a safe and happy holiday season.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

Page 10 of 12 ends

59 City Council Meeting Minutes December 14, 2021
City Treasurer Koehler-Brooks welcomed Jessica Brown, Chief Financial Officer, to the Fontana team and closed with wishing the community a safe and healthy holiday season.

Mayor Pro Tem Garcia thanked those who came out to the recent Christmas parade; announced ribbon cutting for Sierra Fountains and commended those involved for implementing such a great project; and closed with wishing the community a safe and healthy holiday season.

Council Member Cothran thanked his colleagues for the re-appointment as President of the Fire Protection District and wished the community a safe and healthy holiday season.

Mayor Pro Tem Garcia thanked his colleagues for his appointment as Mayor Pro Tem and looks forward to serving in this role.

Council Member Sandoval provided a brief update on his recent attendance at the ICSC Conference in Las Vegas, NV; thanked those who came out to the recent Christmas parade; thanked those involved in creating this year's parade route as it was most convenient for those to attend; and closed with wishing the community and staff a safe and healthy holiday season.

Council Member Roberts thanked those who came out to the recent Christmas parade; commented on the Sierra Fountains ribbon cutting ceremony; and closed with wishing the community and staff a safe and healthy holiday season.

Mayor Warren commented on the recent Christmas parade and thanked those who attended; commented on the Sierra Fountains ribbon cutting ceremony; discussed the current climate due to the pandemic and announced opportunities for the public to be vaccinated; provided comments on how Fontana is moving forward; announced the upcoming development of adding a Chaffey College campus in South Fontana; announced the City involvement in the television series, Undercover Boss, which will be aired in April 2022; announced upcoming community events; and closed with wishing the community and staff a safe and healthy holiday season.

ADJOURNMENT:

A. Adjournment

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60 City Council Meeting Minutes December 14, 2021
The meeting was adjourned in memory of the following: Ollie Ruth Bond; First Lady Blacksher Owens; Socorro Garcia; James "Jimmy" Reyes; and Claudia "Micki" Wright-Hall.

Mayor Warren adjourned the meeting at 9:00 p.m. to the next Regular City Council Meeting on January 25, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
______________________________________
Ashton R. Gout, CMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE FONTANA CITY COUNCIL ON THE 25TH DAY OF JANUARY 2022.
______________________________________
Tonia Lewis
City Clerk

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61 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1134 Agenda Date: 1/25/2022
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No.1876
RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1876, an Ordinance of the City Council of the City of Fontana, California approving Municipal Code Amendment (MCA) No. 21-002 to amend Chapter 11 - Fire Prevention of the Municipal Code to (1) increase the minimum building square footage exception for requiring fire sprinklers, (2) require the installation of fire sprinklers or other appropriate fire suppression system as approved by the Fire Marshall for all buildings housing vehicles, and (3) allow installation of residential 13R or 13D fire sprinkler systems in place of commercial 13 systems for commercial buildings under 5,000 square feet.

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

DISCUSSION:

Ordinance No. 1876 was introduced by a vote of 5-0 at the December 14, 2021 Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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ORDINANCE NO. 1876

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA AMENDING FIRE SPRINKLER EXCEPTIONS SECTION 11 -28 OF THE

FONTANA MUNICIPAL CODE INCREASING THE MINIMUM BUILDING

SQUARE FOOTAGE EXCEPTION TO THE REQUIREMENT FOR FIRE
SPRINKLER SYSTE MS FROM 200 SQUARE FEET TO 500 SQUARE FEET

AND AMENDING THE FIRE SPRINKLER SYSTEM STANDARDS SECTION 11-31 OF THE FONTANA MUNICIPAL CODE REQUIRING THE

INSTALLATION OF FIRE SPRINKLER SYSTEMS OR OTHER APPROPRIATE

FIRE SUPPRESSION SYSTEM APPROVED BY THE FIRE M ARSHALLIN FOR

ALL BUILDINGS THAT HOUSE VEHICLES AND ALLOWING THE
INSTALLATION OF A 13R OR 13D RESIDENTIAL FIRE SRINKLER SYSTEM IN PLACE OF A 13 SYSTEM FOR COMMERCIAL BUILDINGS LESS THAN 5,000 SQUARE FEET.

WHEREAS, pursuant to California Governm ent Code s ection 18941.5, the City of Fontana (“City”) may adopt more restrictive building standards than those provided for by State Building Standards Laws, including the California Fire Code; and WHEREAS the California Fire Code requires the installati on of a fi re sprinkler system on all commercial buildings 5,000 square feet or larger; and WHEREAS the California Fire Code requires the installation of a fire sprinkler system on all commercial buildings 5,000 square feet or larger; and WHEREAS, Section 11- 28 (Fire Prevention) of the Fontana Municipal Code (“Code”) defines fire sprinkler system requirements in the City; and WHEREAS, the City is amending the fire sprinkler requirements of the municipal code to create more appropriate and efficient standards; and WHEREAS, the proposed Code amendments are consistent with the protection and promotion of the public health, safety, and general welfare; and WHEREAS, all of the notices required by State statute or the City of Fontana Municipal Code have been given as required; and
WHEREAS, On December 14, 2021, the City Council held a duly not iced public hearing to consider the proposed Municipal Code Amendment and received testimony and supporting documents in evidence.

THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DO ES ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
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Page 2 of 5 ends

Section 2. Approve Municipal Code Amendme nt MCA No. 21- 002, requesting changes to Municipal Code Chapter 11 – Fire Prevention, Section 11-28 and 11-31, as provided in Exhibit “A” attached hereto, which shows all language proposed to be deleted as strikethrough and language proposed to be added as bold and underlined.

Section 3. CEQA. This a pproval is not subject to the California Environmental Quality Act ( “CEQA”), because it is exempt under State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activities in question may have a signi ficant effect on the environment. Alternatively the approval is exempt pursuant to CEQA Guidelines 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Sec tion No. 3.22 of the 2019 Local Guidelines for Implementing CEQA
Section 4. Existing Code Provisions. All existing provisions of the Municipal Code that are repeated in Exhibit A are repeated only to aid decision- makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

Section 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 923 35. The custodian of these records is the City Clerk.

Section 6. 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, su ch 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 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

Section 8. Publication. The City Clerk sh all 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 pu blished in a newspaper of general circulation in the City of Fontana.

APPROVED AND ADOPTED this 14
th day of December 2021.

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READ AND APPROVED AS TO LEGAL FORM:

City Attorney

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 ac tual Ordinance introduced at a regular meeting of said City Council on December 14 , 2021, and was finally passed and adopted not less than five days thereaft er on January 25, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk

Mayor

ATTEST:

City Clerk

65 Ordinance No. 1876

Page 4 of 5 ends

EXHIBIT “A”

Amendments to Municipal Code

Sec. 11-28. Exceptions; permissible sprinkler omissions. (a) Subject to the approval and concurrence of the fire chief and the building official, sprinklers may be omitted where they are considered undesirable because of the nature of the contents of a building or structure. Alternative fire extinguishing systems, as determined by the chief may be required. Sprinklers shall not be omitted from any building, structure or room merely because it is damp, contains electrical equipment, is constructed out of noncombustible materials, or is constructed out of fire-resistive construction.
(b) Buildings and other structures of 500 square feet (46.5m 2) or less in gross floor
area.
(c) Additions to existing buildings or structures of less than 5,000 square feet in gross floor area, when the total gross floor area of the addition(s) over a period of five years does not exceed 50 percent of the total gross floor area of the existing building or structure. (Note: if the addition is required to be fire sprinklered, the automatic fire sprinkler system shall be installed throughout the entire existing building or structure as well as the addition.)
(d) If the change of use or occupancy of a building or structure places the proposed new use in a less hazardous occupancy group, based on life or fire risk, than the existing use.
(e) Structures that have an open roof or that are open on three or more sides, such as, but not limited to, patio covers, gazebos, carports, awnings, canopies, or equipment enclosures.
(f) Public restrooms, snack bars and storage buildings located within city parks, excluding community centers.

Sec. 11-31. Sprinkler system standards.
(a) Every sprinkler system shall have at least one Fire Department Connection (FDC).

Exception. Upon approval of the fire prevention office, the FDC may be omitted. (b) Every sprinkler system shall have backflow protection. (c) Post indicator valves and riser control valves shall be installed as determined by the fire prevention office upon submission of plans.
(d) Sprinkler systems shall be designed to a working pressure of no more than 175 psi and tested at a minimum of 200 psi.
(e) Minimum underground pipe size shall be six inches in diameter. 66 Ordinance No. 1876

Page 5 of 5 ends

Exception. Upon approval of the fire prevention office, pipe size and system riser may be of a smaller diameter.
(f) Every sprinkler system shall be tested in accordance with the applicable NFPA standard, or other standard approved by the fire prevention office. (g) Commercial buildings smaller than 5,000 square feet may install a residential NFPA 13R or residential NFPA 13D fire sprinkler system in place of a commercial NFPA 13 fire sprinkler system. (g)
(h) All commercial buildings with the potential to house vehicles shall install a commercial NFPA 13 fire sprinkler system or other appropriate fire suppression system as may be approved by the Fire Marshal. Non-commercial buildings with the potential to house vehicles may install a residential NFPA 13R or residential NFPA 13D fire sprinkler system in place of a commercial NFPA 13 fire sprinkler system.

67 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1122 Agenda Date: 1/25/2022
Agenda #: C. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No.1878
RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1878 adding Article III to Chapter 7 of the Fontana Municipal Code, regarding mandate of electronic and paperless filing of Campaign Finance Disclosure Statements.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To operate in a businesslike manner by improving services through the effective use of technology.
· To improve public safety by increasing operational efficiency, visibility, and availability. · To increase citizen involvement by utilizing technology to promote communication and linkages in the community.

DISCUSSION:

Ordinance No. 1878 was introduced by a vote of 5-0 at the December 14, 2021 Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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ORDINANCE NO. 1878

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA ADDING ARTICLE III TO CHAPTER 7 OF FONTANA MUNICIPAL CODE TO

MANDATE ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL

PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS AND

STATEMENTS OF ECONOMIC INTEREST

WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the Deputy City Clerk; and

WHEREAS, the City of Fontana(“City”) has entered into an agreement with a vendor approved by the California Secretary of State and meets the requirements set by Government Code Section 84615, to provide an online electronic filing system (“System”) for the California Fair Political Practices Commission campaign statements; and

WHEREAS, the System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to temper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's syst em for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and to the public for viewing filings.

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

SECTION 1. FINDINGS.

The City Council of the City of Fontana finds and determines as follows:

A. California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the Deputy City Clerk.

B. The web-based syst em operated by the Deputy City Clerk contains multiple safeguards to protect the integrity and security of the data, it will operate securely and effectively, and it will not unduly burden filers.

C. The Deputy City Clerk will operate the electronic filing s ystem in compliance with the requirements of California Government Code Section 84615 and any other applicable laws.
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Ordinance No. 1878

SECTION 2. ADOPTION OF CITY CODE CHAPTER 7, ARTICLE III.

Fontana Municipal Code Chapter 7 (Elections), Article I II (Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interest) is hereby added to read as follows:

ARTICLE III. - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND

STATEMENTS OF ECONOMIC INTEREST

Section 7.31. Purpose and Authority.

A. The purpose of this ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees to be completed electronically. The City Council enacts this ordinance in accordance with the authority granted to cities by state law. This ordinance is intended to supplement, and not conflict with, the Political Reform Act.

B. While electronic filing of statements will be mandated under this ordinance, the Deputy City Clerk, as the City’s filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the Deputy City Clerk’s discretion, under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request.

Section 7.32. Basic Requirement.

A. An elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act or designated in the City’s local conflict of interest code adopted pursuant to Government Code Section 87300 shall file any required Statement of Economic Interests (Form 700) online or electronically with the Deputy City Clerk.

Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described Government Code 8415(a).

B. The Deputy City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, and the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the Deputy City Clerk . The date of filing for a Statement filed online shall be the day that it is received by the Deputy City Clerk.

C. If the Deputy City Clerk's system is not capable of accepting a Statement due to technical difficulties, a Statement in paper format shall be filed with the Deputy City Clerk.

D. The Deputy City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615. 70 Ordinance No. 1878

Page 3 of 4 ends

SECTION 3. CEQA- EXEMPTION: This proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The ordinance is not a project under CEQA Guidelines Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes in the environment.

SECTION 4 . SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council of the City of Fontana 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 sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION 5. EFFECTIVE DATE. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

APPROVED AND ADOPTED this 25th day of January 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

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 introduced at a regular meeting of said City Council on December 14, 2021 , and was finally pas sed and adopted not less than five days thereafter on January 25, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

City Clerk

Mayor
71 Ordinance No. 1878

Page 4 of 4 ends

ATTEST:

City Clerk

72 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1074 Agenda Date: 1/25/2022
Agenda #: D. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Accept Donation From Fontana Foundation of Hope
RECOMMENDATION:

Accept donation from Fontana Foundation of Hope in the amount of $5,000 for use towards the 2021 Festival of Winter.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
· To increase citizen involvement by seeking community input.

DISCUSSION:

The Community Services Department receives donations and sponsorships from many local companies to help support and enhance various programs, activities and events. Fontana Foundation of Hope donated $5,000 towards the 2021 Festival of Winter and is recognized as a Presenting Title Sponsor of this event.

FISCAL IMPACT:

The $5,000 was deposited into account 10124310.5531 for use in offsetting cost for the 2021 Festival of Winter.

MOTION:

Approve staff recommendation
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77 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1075 Agenda Date: 1/25/2022
Agenda #: E. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Accept Donation From Options for Youth
RECOMMENDATION:

Accept donation from Options for Youth in the amount of $2,500 for use towards the 2021 Festival of Winter.

DISCUSSION:

The Community Services Department receives donations and sponsorships from many local companies to help support and enhance various programs, activities and events. Options for Youth donated $2,500 towards the 2021 Festival of Winter and is recognized as a Presenting Title Sponsor of this event.

FISCAL IMPACT:

The $2,500 was deposited into account 10124310.5531 for use in offsetting the cost of the 2021 Festival of Winter.

MOTION:

Approve staff recommendation.

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82 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1076 Agenda Date: 1/25/2022
Agenda #: F. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Accept Donation From Kaiser Permanente
RECOMMENDATION:

Accept donation from Kaiser Permanente in the amount of $1,000 for use towards the 2021 Let’s Move on the Trail.

DISCUSSION:

The Community Services Department receives donations and sponsorships from many local companies to help support and enhance various programs, activities, and events. Kaiser Permanente donated $1,000 towards the 2021 Let’s Move on the Trail and is recognized as a Presenting Title Sponsor of this event.

FISCAL IMPACT:

The $1,000 was deposited into account 10124250.5531 for use in offsetting costs for the 2021 Let’s Move on the Trail.

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1095 Agenda Date: 1/25/2022
Agenda #: G. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Accept Grant Award from Kaiser Permanente
RECOMMENDATION:

Accept grant award from Kaiser Permanente in the amount of $14,000 for use towards Healthy Fontana’s “The Awareness Project.”
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
· To increase citizen involvement by seeking community input.

DISCUSSION:

The City’s Healthy Fontana Program received a grant from Kaiser Permanente as part of their Community Health Contributions Program to focus on supporting efforts to improve the community and social support system's knowledge, attitudes, beliefs, and perceptions about mental health, trauma, and resilience. The program was granted $14,000 to conduct activity around the focus area of mental and behavioral health through various activities in 2022. “The Awareness Project” has three (3) main objectives:
· Provide mental health awareness education to students participating in the City's Fontana Expanded Learning Program (after-school)
· Host workshops that link gardening to mental health in conjunction with the City's Community Garden
· Create a Public Service Announcement around mental health to raise awareness and reduce stigma
FISCAL IMPACT:

The $14,000 was deposited into account 101.3511 for use in off-setting costs for “The Awareness Project.”
MOTION:

Approve staff recommendation.

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91 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1126 Agenda Date: 1/25/2022
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Bond Reduction for Tract No.’s 18825 and 18915 RECOMMENDATION:

Approve a reduction of the Faithful Performance and Labor and Materials bonds posted by RSI Communities-California, LLC for Tract No.’s18825 and 18915 located at the northeast corner of Summit Avenue and Citrus Avenue.

COUNCIL GOALS:
· To promote economic development by being business friendly at all levels of operation. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

Tract No.’s 18825 and 18915 are located at the northeast corner of Summit Avenue and Citrus Avenue. These single-family residential subdivisions have a total of 94 residential lots. As a requirement of the Subdivision Map Act and as a condition of development, RSI Communities- California, LLC posted bonds to secure 100% of the installation of all public infrastructure improvements for the residential tract. Currently, the developer has completed the majority of the street and public infrastructure work.

This action will authorize an 80% reduction in securities to an amount sufficient to guarantee the completion of all remaining public infrastructure work as follows:

Tract No. Bond No. Bond Amount Reduce to
18825 1083542 $831,992.00 $166,398.40
18915 1083543 $326,058.00 $65,211.60
FISCAL IMPACT:

This action will only authorize the reduction of the posted bond, therefore there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1111 Agenda Date: 1/25/2022
Agenda #: I. Category: Consent Calendar
FROM:

Information Technology
SUBJECT:
311 Customer Relationship Management System (CRM)
RECOMMENDATION:

1. Authorize the Purchasing Office to utilize the State of California Master Service Agreement (MSA) for IT Management and Consulting Services (MSA 5167010).

2. Approve and authorize the City Manager to execute a contract with 120VC for Project Management (MSA 5167010-330) for implementation of the 311 CRM System.

3. Authorize the purchase of the subscription service platform Customer Community from Salesforce.com, Inc. for (5) years.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To operate in a businesslike manner by improving services through the effective use of technology.
· To operate in a businesslike manner by ensuring that the public debate is based on accurate information.

DISCUSSION:

The 311 Customer Relationship Management system will help residents, visitors and businesses locate services, information, file forms/complaints, or report problems like graffiti or road damage.

This new system will vastly improve our customer’s,visitors, and businesses online experience when interacting with our city.

After extensive analysis the city is electing to move forward with the Salesforce Platform. The city- wide implementation will be used to facilitate all daily aspects for customer service request and information from our residents.

Salesforce is an American cloud-based software company headquartered in San Francisco, California. The platform provides customer relationship management (CRM) service and provides enterprise applications focused on customer service, marketing automation, analytics, and application development.

The city is currently operating a legacy app called “AccessFontana”.The Access Fontana app does City of Fontana Printed on 1/20/2022Page 1 of 2
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Agenda #: I. Category: Consent Calendar
The city is currently operating a legacy app called “AccessFontana”.The Access Fontana app does not offer the full functionality desired to assist businesses and residents to identify and request city services. The app will be discontinued once the implementation of the Salesforce platform is complete.

Under the Fontana City Code Article V - Purchasing (Section 10-152) authorizes bidding to be exempt from bid procedures conducted by another public agency. Staff is recommending that the City Council authorize this contract between Salesforce and the City for a 311 Customer Relationship Management system. Staff is also recommending the city enter a contract with 120VC for Project Management for the 311 Customer Relationship Management System project. 120VC is a reputable project management company previously used by the city for high profile projects. This partnership will be beneficial and cost effective to the city.

FISCAL IMPACT:
120 VC Services will be billed as hours are rendered. Estimated 52 weeks of engagement totaling 2,040 hours for a total cost of $269,750 to be paid from the 311 System Project #26101023 in the City Technology Fund #102.

Salesforce Software Project #26101023, total cost for the first five years needed for user licensing, annual support, hosting and maintenance will be $607,000 to be paid from Salesforce System Project #26101023 in the City Technology Fund #102. Following the discovery process it is anticipated that the City will purchase additional program features for an estimated price of $1,288,000 over the five year period to complete the platform build.

Please be aware in the near future after the discovery phase, staff will be bringing a staff report for the implementation phase.

Funds for the project are budgeted in FY 2021-2022.

MOTION:

Approve staff recommendation
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salesforce.com, inc.

Salesforce Tower
415 Mission Street, 3rd Floor
San Francisco, CA 94105
United States
ORDER FORM for City of Fontana - 311
Offer Valid Through: 1/31/2022
Proposed by:Coco Khan
Quote Number: Q-05165903

ORDER FORM
Address Information
Bill To:
8353 Sierra Ave
Fontana
CA, 92316
US - United States
Ship To:
8353 Sierra Ave
Fontana
CA, 92316
US - United States
Billing Company Name: City of Fontana - 311
Billing Contact Name: Ray Ebert
Billing Email Address: [email protected]
Billing Phone: (909) 350-6676
Billing Fax:

Billing Language: English
Terms and Conditions
1/31/2022Contract Start Date*:
1/30/2023Contract End Date*:

Billing Frequency: Annual
Payment Method: Check
Payment Terms: Net 30
Billing Method: Email
Services
Services
Order
Start Date*
Order
End Date*
Order Term
(months)*
Monthly/
Unit Price** Quantity Total Price
Customer Community - Enterprise Edition - Logins (Per Month) 1/31/2022 1/30/2023 12 USD 0.80 3,750 USD 36,000.00 Service Cloud - Enterprise Edition 1/31/2022 1/30/2023 12 USD 118.50 60 USD 85,320.00 Total: USD 121,320.00
98 2 / 4
*If this Order Form is executed and/or returned to salesforce.com by Customer after the Order Start Date above, salesforce.com may adjust the Order Start Date and Order End Date, without increasing the Total Price, based on the date salesforce.com activates the products and provided that the total term length does not change. Following activation, any adjustments to such Order Start Date and Order End Date may be confirmed by logging into Checkout, by reference to the order confirmation email sent by salesforce.com to the Billing Email Address above, and/or by contacting Customer Service.
**The Monthly/Unit Price shown above has been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual price. The totals for this order were calculated using the actual price, rather than the Monthly/Unit Price displayed above, and are the true and binding totals for this order
Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.

For customers based in the United States, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on this Order Form.

Pricing Schedule
Product
Monthly/
Unit Price** Quantity For
Service Cloud - Enterprise Edition USD 118.50 60+
Customer Community - Enterprise Edition - Logins (Per Month) USD 0.80 3750+ The pricing in the Pricing Schedule above (“Pricing Schedule”) reflects the monthly per-subscription fees for the applicable Service. In the event the Pricing Schedule sets forth tiered pricing, any such tiered pricing levels are based upon the Aggregate Total Number of active subscriptions of the relevant Service purchased. “Aggregate Total Number” as it relates to a subscription, is the aggregate total number of active subscriptions, purchased by the Customer executing this Order Form, commencing on the Contract Start Date of this Order Form, as measured at the time of execution of the applicable Order Form. If a single additional order raises the aggregate number of subscriptions for any Service listed in the Pricing Schedule above the threshold limits specified therein, only those subscriptions exceeding the new threshold are entitled to the reduced pricing. Only additional orders by Customer that are associated with this Order Form, for purchase of subscriptions to the same Service and edition as set forth in the Pricing Schedule, during the period commencing on the Contract Start Date and ending on the Contract End Date of this Order Form, are eligible for the applicable volume pricing levels under the Pricing Schedule. For clarity, restricted use subscriptions (those subscriptions that either have the term “Restricted Use” in the Service name, or are indicated as a Restricted Use Subscription in a Quote Special Term) are not included when determining the Aggregate Total Number of a full use subscription, and full use subscriptions are not included when determining the Aggregate Total Number of a restricted use subscription. Any price decreases shall have no effect on previously purchased subscriptions. Volume discounts do not accumulate across different Services or editions. Any renewals of the subscriptions purchased under this Order Form are not eligible for the Pricing Schedule unless expressly agreed to in writing between the parties in an applicable renewal Order Form. 99 3 / 4
Product Special Terms
Einstein Features
SFDC may access Customer Data submitted to the Einstein features for the purpose of improving and training services and features Customer may access, and Customer instructs SFDC to process its Customer Data for such purpose. Customer retains all ownership of its Customer Data and SFDC retains all ownership in and to aggregated machine learning results. The portions of the Services and features branded as Einstein provided on separate infrastructure: (i) may involve privacy and security protections that are different than your other services; (ii) may be hosted in physical locations that are different than your other services; and (iii) are further described in the Salesforce Trust and Compliance Documentation. Instructions for enabling/disabling each Einstein feature in any instance are outlined in the Documentation here: https://help.salesforce.com/articleView?id=admin_einstein_features_setup.htm&type=5. The Einstein features are not available to some customers, including Government Cloud customers, as stated in the Documentation.

Purchase Order Information
Is a Purchase Order (PO) required for the purchase or payment of the products on this Order Form?(Customer to complete) [ ] Noxxxxxxxx
[ ] Yes \porbtn1\ - Please complete below
PO Number: \ponum1\
PO Amount: \poamt1\
Upon signature by Customer and submission to salesforce.com, this Order Form shall become legally binding unless this Order Form is rejected by salesforce.com for any of the following reasons: (1) the signatory below does not have the authority to bind Customer to this Order Form, (2) changes have been made to this Order Form (other than completion of the purchase order information and the signature block), or (3) the requested purchase order information or signature is incomplete or does not match our records or the rest of this Order Form. Subscriptions are non-cancelable before their Order End Date. This Order Form is governed by the terms of the salesforce.com Master Subscription Agreement found at https://www.salesforce.com/company/msa.jsp, unless (i) Customer has a written master subscription agreement executed by salesforce.com for such Services] as referenced in the Documentation, in which case such written [salesforce.com master subscription agreement will govern or (ii) otherwise set forth herein. Additional information related to the Services may be found in the Documentation at https://sfdc.co/ptd. For the avoidance of doubt, the applicable master subscription agreement takes precedence over the Documentation. 100
4 / 4
Customer: City of Fontana - 311
Signature \s1\
Name \n1\
Business Title \t1\
Date \d1\

@[email protected] 1 Printed: 1/18/2022
© 2012 - 2021 120VC Holdings, Inc. All rights reserved
__________________________________________________________________________________

CHANGE MANAGEMENT CONSULTANTS PROJECT PORTFOLIO MANAGEMENT EXPERTS 818.842.8041 WWW.120VC.COM

Statement of Work to the
Master Services Agreement between 120VC
and City of Fontana

This Statement of Work (SOW) to the 120VC Master Services Agreement by and between 120VC (“Contractor” or “120VC”) and City of Fontana’s is effective as of the last date signed by both parties.

1. STATEMENT OF WORK
This document is a Statement of Work (SOW) that outlines the work requested by City of Fontana (also referred to herein as "Company") on 12/13/2021. This document details all consulting activities, including the roles and responsibilities of both 120VC and Company for the entire duration of the engagement.

1.1. Project Scope
120VC will provide a Senior Project Manager to lead the City of Fontana’s 311 Salesforce project.
120VC will be providing consulting services to lead the engagement as directed by the City’s project owner.
120VC Project Manager will collaborate City’s internal Team and vendor(s) to plan out and execute the project to provide enhancements and or new functionality to the SalesForce platform.

1.2. Deliverables
The primary role of the Project Manager is to facilitate the planning of projects, management of the project tasks, and status reporting. Additionally, the Project Manager will oversee all resources performing the planned work and facilitating communication between stakeholders and the project team. The Project Manager ensures that a formal project lifecycle is followed, that everything is documented comprehensively, and that issues are tracked, escalated, and resolved satisfactorily.

Specific responsibilities are as follows:
 Professional Project Management
 Development and approval of the Project Charter (scope, goals, objectives, etc.)
 Development and approval of the Project Work Plan (schedule with tasks, resources, dependencies, and milestones)
 Development and approval of the Roles / Responsibilities and Communication Plan
 Development and approval of the project cost baseline  Establishment of the risk assessment and project change processes  Development and publishing of daily status reports, meeting minutes and weekly status reports
 Establish vendor proposals for 311 SalesForce system and facilitate the gathering of requirements from all stakeholder divisions/departments

102

@[email protected] 2 Printed: 1/18/2022
© 2012 - 2021 120VC Holdings, Inc. All rights reserved
__________________________________________________________________________________

CHANGE MANAGEMENT CONSULTANTS PROJECT PORTFOLIO MANAGEMENT EXPERTS 818.842.8041 WWW.120VC.COM

1.3. Key Assumptions
This SOW and 120VC’s estimate to perform the work are based on the following key assumptions. Should any of these assumptions prove inaccurate, the estimated project schedule, fees, or other terms of the SOW may be modified via 120VC’s Project Change Control Process.
o Project Management hours and engagement durations are based on estimates from prior engagements of a similar nature to the instant engagement and initial discussions with Customer. Actual hours and durations will be defined during the planning phase and may result in a change to the current estimates.

1.4. Estimated Cost
Item Description Quantity Unit Cost Total
Sr. Project Manager 2080 $125 $260,000
120VC Practice Lead (program
management oversight) 78 $125 $9,750
Total Estimated Investment $269,750
o Cost estimates based on Time & Materials
o Hours are billed at actual
o Weekly budget report will be published to ensure hours are managed

1.5. Incorporation by Reference
For all other material terms and conditions associated with the contractual relationship between Company and Contractor, the parties hereby refer to and incorporate all other non -conflicting terms of the Master Services Agreement executed on as of May 25, 2021.

120VC City of Fontana’s
Signature:

Signature:

Name:

Jake Roig

Name:

Title:

Managing Partner, EVP

Title:

Date: ____________
11601 Wilshire Blvd, 5th Floor
Brentwood, CA 90025
Date: ____________
8353 Sierra Avenue, Fontana, California
92335

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1117 Agenda Date: 1/25/2022
Agenda #: J. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2021 Police Department Donations
RECOMMENDATION:

Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility, and availability. · To improve public safety by emphasizing community-oriented policing and community involvement.

DISCUSSION:

The Fontana Police Department received various donations including snack items, drinks, meals, gift cards, hand sanitizer, handmade blanket, toys, Christmas trees, and monetary donations to charity.

Please reference the attached spreadsheet for the complete list of generous donations which help support the Police Department and its various programs.

FISCAL IMPACT:

Increase funds to the following accounts:
· $8,650.00 for Holiday Program fund, deposited to account #101.3308 MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1125 Agenda Date: 1/25/2022
Agenda #: K. Category: Consent Calendar
FROM:

Management Services
SUBJECT:
2022 Statement of Investment Policy
RECOMMENDATION:

1. Adopt the City of Fontana Statement of Investment Policy for 2022.

2. Adopt Resolution No. 2022-___ designating City officers who are authorized to invest funds for the City of Fontana and repealing Resolution No. 2021-004.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction.

DISCUSSION:

The City of Fontana Statement of Investment Policy requires annual review and adoption by the City Council in January of each year. The Policy has been certified by the Association of Public Treasurers of the United States and Canada (APT US&C).

The Investment Review Committee, which includes the City Treasurer, Management Services Director/Deputy City Treasurer, Budget Manager and Accounting Manager, will continue to meet quarterly to discuss the status of current investments, strategies for future investments, and other matters deemed relevant. Twice a year, these meetings include a representative at the partner or manager level from the City's external auditing firm.

The Policy currently lists the following Authorized Investment Officers:

Authorized Investment Officers:

City Manager
Management Services Director/Deputy City Treasurer
Budget Manager
Accounting Manager
The only recommended revision to the Policy for 2022 is updating the Management Services Director title to Chief Financial Officer. There are no other changes to the Policy for 2022.

FISCAL IMPACT:

None.

MOTION:

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File #: 21-1125 Agenda Date: 1/25/2022
Agenda #: K. Category: Consent Calendar
Approve staff recommendation.

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RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

DESIGNATING CITY OFFICERS WHO ARE AUTHORIZED TO INVEST

FUNDS FOR THE CITY OF FONTANA AND REPEALING RESOLUTION
NO. 2021-004

WHEREAS, on January 12, 2021, the City Council adopted Resolution No. 2021- 004 which designated City officers who are authorized to invest funds for the City of Fontana; and
WHEREAS, personnel title changes have been made since that time.

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

Section 1. Resolution No. 2021-004 designating City officers who are authorized to invest funds for the City of Fontana is hereby repealed.

Section 2. The City Council does hereby authorize the investment of city funds not required for immediate disbursement in acco rdance with the City’s Statement of Investment Policy by designated City officials.

Section 3. The signatures of at least two of the following City officers shall be required to approve and/or order such investment transactions: City Manager, Chief Financial Officer/Deputy City Treasurer, Budget Manager and Accounting Manager. 108
Resolution No. 2022-XXX

Page 2 of 2 ends

APPROVED and ADOPTED by the City Council of the City of Fontana on the 25th day of January, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

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 of said City at a regular meeting on the 25th day of January, 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

109

CITY OF FO
NTANA

STATEMENT OF

INVESTMENT POLICY
2022
Certified by the Association of Public Treasurers of the United States and Canada (APT US&C)
Prepared by the Management Services Department
Jessica Brown, Chief Financial Officer/Deputy City
Treasurer
Reviewed and Approved by
Janet Koehler-Brooks, City Treasurer
110

111

TABLE OF CONTENTS

Page

I. OVERVIEW 1
Introduction
Scope
Objectives
Significant Changes

II. INVESTMENT AUTHORITY AND RESPONSIBILITIES 3
Authorized Investment Officers
Investment Review Committee
Investment Procedures
Internal Control
Conflicts of Interest

III. ELIGIBLE FINANCIAL INSTITUTIONS 5
Selection of Eligible Financial Institutions
Safekeeping and Custody

IV. AUTHORIZED INVESTMENTS 7
Investment Types
Due Diligence Requirement
Prohibited Investments
Derivative Investments
Legislative Changes

V. INVESTMENT MATURITIES 14

VI. CASH MANAGEMENT 15

VII. EVALUATION OF INVESTMENT PERFORMANCE 16
Benchmark Comparison

VIII. INVESTMENT REPORTING 17

IX. INVESTMENT POLICY REVIEW AND ADOPTION 18

X. GLOSSARY 19
112

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City of Fontana
Statement of Investment Policy
1 I. OVERVIEW

INTRODUCTION

The purpose of this document is to provide guidelines for the prudent investment of the unexpended cash in the City’s treasury and outline policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash.

SCOPE

Included in the scope of the City's investment policy are the following major guidelines and practices which are to be used in achieving the City's primary investment objectives:

 Investment Authority and Responsibilities
 Eligible Financial Institutions
 Authorized Investments
 Investment Maturities
 Cash Management
 Evaluation of Investment Performance
 Investment Reporting
 Investment Policy Review and Adoption

It is intended that this policy cover all funds and investment activities under the direct authority of the City. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include the general fund, special revenue funds, debt service funds, capital project funds, enterprise funds, internal service funds and agency funds.

Funds excluded from this policy include proceeds of debt issuance, retirement/pension funds and deferred compensation funds, and pension or other post-employment benefit funds held in a trust.

OBJECTIVES

The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity.

114
City of Fontana
Statement of Investment Policy
2 Criteria for selecting investments in the order of priority are:

1. Safety. The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The City shall invest in a manner that seeks to avoid capital losses resulting from institution default or the erosion of market value.

2. Liquidity. This refers to the ability to convert an investment into cash with a minimal risk of losing some portion of principal or interest. Liquidity is an important investment quality, especially when the need for unexpected funds occurs occasionally.

3. Yield. Yield is the potential dollar earnings an investment can provide and becomes a consideration only after the basic requirements of safety and liquidity have been met.

Portfolio diversification in terms of maturity, instrument types and issuer helps to reduce the overall risk while obtaining an average market rate of return. Therefore, the portfolio should consist of a mix of various types of securities, issuers and maturities. Occa sional measured losses are inevitable and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has bee n implemented.

The City operates its pooled cash investments under the "Prudent Person Rule" which obligates a fiduciary to ensure that:

"... investment shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be derived."

All participants in the investment process shall act as custodians of the public t rust.

Investment officials s hall recognize that the investment portfolio is s ubject to public review and evaluation. T he overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust.

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Statement of Investment Policy
3 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES

AUTHORIZED INVESTMENT OFFICERS

Cash management and investment transactions are the responsibility of the Chief Financial Officer or designee. The City Council has authorized the following officials to undertake investment transactions on behalf of the City:

City Manager
Chief Financial Officer/Deputy City Treasurer
Budget Manager
Accounting Manager

Daily portfolio management responsibilities have been delegated to the Management Services Director/Deputy City Treasurer.

The City may retain the services of an outside investment advisor or manager as approved by the City Council to assist with the City’s investment program who shall make all investment decisions and transactions in strict accordance with State Law, this Policy and such other written instructions as are provided.

INVESTMENT REVIEW COMMITTEE

At least quarterly, the Investment Review Committee, consisting of the City Treasurer, Chief Financial Officer/Deputy City Treasurer, Budget Manager and Accounting Manager, shall meet to discuss the status of current investments, strategies for future investments, and other matters deemed relevant, and shall report to the City Council as necessary. At least twice a year, these meetings shall include a representative at the partner or manager level from the City's external auditing firm.

INVESTMENT PROCEDURES

The Chief Financial Officer/Deputy City Treasurer has established investment procedures which:

 Adhere to the Statement of Investment Policy
 Prioritize safety and liquidity
 Determine risk and optimizes return
 Provide for a system of due diligence in making investment decisions.

In order to accomplish these goals, a “Model” investment portfolio has been designed to provide the strategic framework for supervising and reporting on the investment portfolio. 116
City of Fontana
Statement of Investment Policy
4 This model was developed according to the policy’s maturity guidelines and is used to facilitate decisions regarding security transactions. Each security selection shall be designed to move the actual portfolio toward the model portfolio without taking any immediate losses.

No person shall engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Chief Financial Officer/Deputy City Treasurer.

INTERNAL CONTROL

The Management Services Department is responsible for ensuring compliance with the City's investment policy as well as for establishing systems of internal control designed to prevent loss due to fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by city officers and employees. Timely bank reconciliations are conducted to ensure proper handling of all transactions.

An independent analysis by an external auditor shall be conducted annually to review internal control and compliance with policies and procedures.

CONFLICTS OF INTEREST

The City adopts the following policy concerning conflicts of interest:

1. Officers and employees involved in the investment process shall not conduct personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions.

2. Officers and employees involved in the investment process shall disclose to the City Cle rk any material financial in terests in financial in stitutions t hat conduct business with the City of Fontana and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio.

III. ELIGIBLE FINANCIAL INSTITUTIONS

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Statement of Investment Policy
5 SELECTION OF ELIGIBLE FINANCIAL INSTITUTIONS

In selecting financial institutions for deposit or investment of funds, the Management Services Department shall consider the creditworthiness of the institution.

1. Deposits. The City will only deposit funds with an institution that has a rating of at least "A" as assigned by an established rating service based on quarterly financial information provided by the Federal Reserve Board and the Federal Home Loan Bank Board (i.e., The Financial Directory). Ratings will be monitored on a quarterly basis and any downgrade in rating below "A" will be reported to the Investment Review Committee together with a recommendation for possible action.

2. Brokers/Dealers. Investments must be purchased directly from the issuer, from an institution licensed by the state as a broker-dealer, from a member of a federally regulated securities exchange, or from a brokerage firm designated as a primary government dealer by the Federal Reserve Bank.

All financial institutions which desire to do business with the City must supply the Management Services Department with the following:

 Completed broker/ dealer questionnaire including certification that the financial institution has reviewed the City’s Statement of Investment Policy and applicable California Government Code sections and that it will exercise due diligence in informing the City of all foreseeable risks associated with financial transactions conducted with the firm.

 Certified financial statements.

 Resumé of the primary representative who will be dealing with the City.

The Deputy City Treasurer shall review the information submitted and designate t he institution as either eligible or ineligible for City investment transactions. The City will only do business with those institutions designated as “eligible”; however, an “eligible” designation does not guarantee that the City will do business with that institution.

A current audited financial report prepared by an independent certified public accountant shall be submitted to the City annually within six months after the end of the institution’s fiscal year in order for the institution to remain on the “eligible” list. Within the context of the City’s policies regarding portfolio limitations, i nvestment t ransactions shall be distributed as evenly as possible between financial institutions.

If the City has an investment advisor, the investment advisor may use its own list of 118
City of Fontana
Statement of Investment Policy
6 authorized broker/dealers to conduct transactions on behalf of the City. The advisor shall make available its list of authorized broker/dealers to City staff upon request.

SAFEKEEPING AND CUSTODY

The City shall enter into an agreement with a bank trust department to serve as the safekeeping agent for all direct investments. The safekeeping agent shall hold all investments in an account for the sole benefit of the City.

All security transactions, including collateral requirements, shall be c onducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third-party custodian and evidenced by safekeeping receipts.

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Statement of Investment Policy
7 IV. AUTHORIZED INVESTMENTS

INVESTMENT TYPES

Investment of City funds is governed by the California Government Code Sections 16429.1 and 53601. Investments may not have a term or maturity at the time of investment of longer than that authorized by Section 53601 or five years (measured by settlement date) unless the City Council has granted express authority, no less than three (3) months prior to the investment, for a specific investment to exceed such limit.

It should be noted that while the Government Code specifies the maximum percentage of the portfolio which may be held in each type of investment at any one time, fluctuations in the portfolio balance will prevent strict adherence to s uch restrictions. T herefore, percentage limitations shall apply to investments at the time of purchase. The City will diversify its investments by security type and institution.

Within the context of the State limitations, the following investments are authorized:

1. State Treasurer's Local Agency Investment Fund (LAIF)

Government Code Section 16429.1: Pursuant to LAIF policy, local government agencies are authorized to invest in this program administered by the California State Treasurer. Monies invested with LAIF are pooled with State monies in order to earn the maximum rate of return consistent with safe and prudent treasury management. A thorough investigation of the pool is required on a continual basis. (See Due Diligence Requirement on page 12.)

2. U.S. Treasury Obligations

Government Code Sections 53601(b): U.S. Treasury Notes or other indebtedness secured by the full faith and credit of the federal government.

3. U.S. Government Securities

Government Code Sections 53601(f): Federal agency or U nited States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies of the United States government-sponsored enterprises.

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Statement of Investment Policy
8 4. California State , California State, California Local Government Agencies, and other United States State Bonds

Government Code Sections 53601(c) through (e): Twenty percent (20%) of the City’s portfolio may be invested in this category having at the time of investment a minimum “AA” or its rating equivalent or better by an NRSRO. This category includes:

 Registered state warrants or treasury notes or bonds of the State of California, including bonds payable solely out of the revenues f rom a revenue-producing property owned, controlled or operated by the state or by a department, board, agency, or authority of the state.

 Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, c ontrolled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.

 Bonds, notes, warrants, or other evidence of indebtedness of a local agency within the State of California, including bonds payable solely out of the revenues f rom a revenue-producing property owned, c ontrolled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.

5. Bankers Acceptances

Government Code Section 53601(g): Forty percent (40%) of the City's portfolio may be invested in Bankers Acceptances which are defined as bills of exchange or time drafts, drawn on and accepted by a commercial bank, which are eligible for purchase by the Federal Reserve System, although no more than 30% of the portfolio may be invested in Bankers Acceptances with any one commercial bank.

Additionally, the maturity period cannot exceed 180 days.

6. Commercial Paper

Government Code Section 53 601(h): Twenty-five percent (25%) of the City's portfolio may be invested in "Prime" commercial paper as rated by a nationally recognized statistical-rating organization (NRSRO). Issuing corporations must be organized and operating in the United States, have $500 million total assets, and have at least an "A" rating by an NRSRO on debt other than commercial paper.

No more than 10% of the portfolio may be invested in the commercial paper and 121
City of Fontana
Statement of Investment Policy
9 medium-term notes of any single issuer. The maturity period cannot exceed 270 days.

7. Negotiable Certificates of Deposit

Government Code Section 53601(i): Thirty percent (30%) of the City's portfolio may be invested in Negotiable Certificates of Deposit issued by a nationally or state-chartered bank or a state or federal association or by a state-licensed branch of a foreign bank. These securities shall be rated in a ratings category of “A” or its equivalent or better by an NRSRO.

8. Medium-Term Notes

Government Code Section 53 601(k): Defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less (measured by settlement date), issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision must be rated in a rating category of "A" or its equivalent or better by an NRSRO. No more than 10% of the portfolio may be invested in the commercial paper and medium-term notes of any single issuer. Up to 30% of the City's portfolio may be so invested.

9. Mortgage or Asset-Backed Securities (ABS)

Government Code Section 53601(o): Up to twenty percent (20%) of the City's portfolio may be invested in mortgage pass-through securities, collateralized mortgage obligations, mortgage-backed or other pay-through bonds, equipment lease-backed certificates, consumer receivable passthrough certificates, or consumer receivable-backed bonds. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less measured on a weighted average life (WAL) basis.

10. Supranational Obligations

Government Code Section 53601(q): Defined as United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by t he International Bank f or Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, and eligible for purchase and sale within the United States. These 122
City of Fontana
Statement of Investment Policy
10 securities shall be rated in a ratings category of “AA” or its equivalent or better by an NRSRO. Purchases of supranationals shall not exceed 30 percent (30%) of the City’s portfolio nor exceed a five-year term.

11. Certificates of Deposit

Government Code Section 53635: T here is no limit as to the amount of the investment portfolio that may be deposited in certificates of deposit.

California law requires that public funds be collateralized. The depository must secure its public fund accounts by maintaining with the agent of the depository government securities having a market value of at least one hundred ten percent (110%) of the value of the public fund accounts. If a depository uses mortgage- backed securities (i.e., promissory notes secured by first mortgages or fi rst deeds of trust) as collateral for public deposits, the market value of the mortgage- backed securities must be at least one hundred fifty percent (150%) of the value of the public fund accounts.

The collateralization requirement may be waived to the extent that funds are federally insured (currently up to $100,000 per institution). For deposits equivalent to the maximum insured amount, security may also be waived for interest accrued on the deposit provided the interest is computed by t he depository on the average daily balance of th e deposits, paid monthly and computed on a 360-day basis.

It is the current practice of the City of Fontana to invest in the following types of securities. In order to avoid the risks associated with investing in unfamiliar instruments, any new type of security allowed by the State of California but not listed below must be approved by the Investment Review Committee prior to the investment of City funds.

The portfolio can invest in 144A-registered securities.

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City of Fontana
Statement of Investment Policy
11 Investment Type

Maximum
Maturity

Maximum
% of
Portfolio

Minimum
Quality
Requirements

Government
Code Section

State Treasurer’s Local
Agency Investment
Fund (LAIF)

5 years
LAIF
maximum
per account

N/A

16429.1
U.S. Government
Securities

5 years

None

None 53601(b)
53601(f)
California State,
California Local
Government Agencies,
and other United
States State Bonds

5 years

20%

“AA” rating
category or its
equivalent or
better

53601(c)
53601(d)
53601(e)
Bankers Acceptances 180 days 40% None 53601(g)

Commercial Paper

270 days
25%
(10% with one
issuer)*

A-1 or higher

53601(h)
Negotiable Certificates
of Deposit

5 years

30%

None

53601(i)

Medium-Term Notes

5 years

30% (10%
with one
issuer)*
“A” rating
category or its
equivalent or
better

53601(k)

Pass-Through
Securities

5 years

20%
“AA” rating
category or its
equivalent or
better

53601(o)

Supranational
Obligations

5 years

30%
“AA” rating
category or its
equivalent or
better

53601(q)
Certificates of Deposit 5 years None None 53635

*Commercial paper and medium-term notes are combined to determine the 10% limit per issuer.

124
City of Fontana
Statement of Investment Policy
12 DUE DILIGENCE REQUIREMENT

As stated, the Chief Financial Officer/Deputy City Treasurer shall make a thorough investigation of an investment pool or mutual fund prior to investing funds and on a continual basis. At a minimum, the following information shall be on file for each pool and/or mutual fund:

1. A description of eligible investment securities, and a written statement of investment policy and objectives.

2. A description of interest calculations, how interest is distributed, and how gains and losses are treated.

3. A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.

4. A description of who may invest in the program, how often, and the size of deposits and withdrawals.

5. A schedule for receiving statements and portfolio listings.

6. Whether reserves, retained earnings, etc. are utilized by the pool/fund.

7. A fee schedule, and when and how fees are assessed.

8. Whether the pool/fund is eligible for bond proceeds and/or will it accept s uch proceeds.

PROHIBITED INVESTMENTS

In compliance with Government Code Section 53631.5, the City of Fontana shall not invest in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages. Additionally, the City shall not invest in any security that could result in zero interest accrual if held to maturity.

The City does not participate in any form of portfolio leverage, including but not limited to securities lending programs, reverse repurchase agreements and margin accounts.

DERIVATIVE INVESTMENTS

Derivatives are investments whose value is “derived” from or based upon the value of other assets or on the level of an interest rate index. The City of Fontana does not invest in derivative products.
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City of Fontana
Statement of Investment Policy
13 LEGISLATIVE CHANGES

Any State of California legislative action that further restricts allowable maturities, investment types or percentage allocations will be incorporated into the City of Fontana Statement of Investment Policy and supersede any and all previous applicable language.

If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Investment Review Committee, until the maturity date to avoid an unnecessary loss.

126
City of Fontana
Statement of Investment Policy
14 V. INVESTMENT MATURITIES

In order to minimize the impact of market risk, it is intended that all investments will be held to maturity. In order to implement this policy, the following guidelines will be used:

1. Liquidity. Approximately ten percent (10%) of the portfolio shall be held in short- term investments (less than twelve months) as insufficient liquidity could cause the premature sale of a security at a price below the original investment cost.

2. Weighted Average Life. The weighted average life (WAL)of the portfolio should not exceed two and one-half years.

3. Duration. The target duration of the portfolio shall be two years.

4. Diversification of Maturities. Projected cash flow requirements are the primary factor to be used in determining investment maturity terms. After cash flow needs have been met, yield considerations will be the next factor used in determining maturity terms, with the expectation that longer maturity periods will generally yield greater returns. However, the City will diversify its investments by maturity in order to avoid over concentration (in excess of 25%) in a specific maturity sector.

5. Sale of Securities. Investments may be sold prior to maturity for cash flow or appreciation purposes. However, no investment shall be made based solely on earnings anticipated from capital gains.

6. Maximum Maturity. As previously stated, the maximum maturity term of any investment shall not exceed five (5) years (measured by settlement date) unless prior express authority from Council has been granted.

127
City of Fontana
Statement of Investment Policy
15 VI. CASH MANAGEMENT

In order to obtain a reasonable return on public funds, the following cash management practices will be followed:

1. Maintain maximum investment of all City funds not required to meet immediate cash flow needs.

2. Pool cash from all City administered funds for investment purposes with interest earnings allocated monthly based on the average cash balance of each fund at month end as a percentage of the entire pooled portfolio.

3. Maximize the City's cash flow through immediate deposit of all cash receipts, use of direct deposit when available, and appropriate timing of payment to vendors.

4. Maximize cash flow information available through the use of only one operating bank account.

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City of Fontana
Statement of Investment Policy
16 VII. EVALUATION OF INVESTMENT PERFORMANCE

The investment portfolio shall be managed using a passive style; market timing shall be ignored and the focus instead shall be on obtaining a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. Investments shall be managed at the portfolio level, not at the level of the individual securities.

BENCHMARK COMPARISON

The investment portfolio shall be structured to optimize the return given the risk constraints and cash flow needs.

Investment performance shall be continually monitored and evaluated by the Investment Review Committee. Investment performance statistics and activity reports s hall be generated on a monthly basis for presentation to the City Council.

For reporting purposes, the portfolio’s monthly rate of return shall be compared to the BBG Barc Treasury 1-3 Yr Index.

129
City of Fontana
Statement of Investment Policy
17 VIII. INVESTMENT REPORTING

The Management Services Department shall prepare and submit a monthly investment report to the City Council. This report will include the following elements relative to the investments held at month-end:

1. Face value

2. Security description

3. Coupon rate

4. Maturity date

5. Investment rating

6. Investment type

7. Purchase date

8. Cost of security

9. Purchase yield

10. Estimated market value

11. Amortized premium/discount

12. Statement relating the report to the Statement of Investment Policy

13. Statement that there are sufficient funds to meet the next six months’ obligations.

The Monthly Investment Report shall be issued and available within 30 days after the end of the monthly reporting period.

130
City of Fontana
Statement of Investment Policy
18 IX. INVESTMENT POLICY REVIEW AND ADOPTION

The Statement of Investment Policy shall be submitted annually to the City Council for adoption in January. The policy shall be reviewed at least annually to ensure its consistency with the overall objectives of the City and its relevance to current law and financial and economic trends. Any modifications made thereto must be approved by the City Council.

131
City of Fontana
Statement of Investment Policy
19 X. GLOSSARY
AGENCIES: Federal agency securities.

BANKERS' ACCEPTANCE (BA): Time draft for which a bank has committed to making the payment to the holder at maturity.

BROKER: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides.

COLLATERAL: Securities pledged by a bank to secure deposits of public monies.

COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the city.

CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable.

COMMERCIAL PAPER (CP): Short-term, negotiable, unsecured promissory notes.

COUPON: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value.

DELIVERY VERSUS PAYMENT (DVP): Delivery of securities with an exchange of money for the securities.

DERIVATIVE PRODUCTS: Financial instruments whose own value is "derived" from or based upon the value of other assets or on the level of an interest rate index. These instruments often have complex structures with option-like features.

DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value.

DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills.

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.

DURATION: A measure of the timing of the cash flows to be received from a given fixed income security. The duration of a security is a useful indicator of its price volatility for given changes in interest rates.

132
City of Fontana
Statement of Investment Policy
20 FEDERAL AGENCY SECURITIES (AGENCIES): Discount and coupon obligations of the federal agencies established by Congress to provide credit to specific sectors of the economy.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits currently up to $100,000 per deposit.

FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations.

FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): A federal corporation working under the auspices of th e Department of Housing and U rban Development (HUD). FNMA securities are highly liquid and widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA): Securities are backed by FHA, VA or FMHM mortgages. Security holder is protected by full faith and credit of the U.S. Government.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value.

LOCAL AGENCY INVESTMENT FUND (LAIF): Investment program administered by the California State Treasurer where monies invested are pooled with State monies to earn the maximum rate of return consistent with safe and prudent treasury management.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.

MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer to liquidate the underlying securities in the event of default by the seller.

MATURITY: The date upon w hich t he principal or stated value of an i nvestment becomes due and payable.

MEDIUM-TERM NOTES: all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.

133
City of Fontana
Statement of Investment Policy
21 MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded.

MONEY MARKET MUTUAL FUND: A type of fixed income mutual fund that invests in debt securities characterized by their short maturities and minimal credit risk.

MORTGAGE PASS-THROUGH SECURITIES: A security created when one or more mortgage holders form a pool of mortgages and sells shares or participation certificates in the pool. The cash flow from the collateral pool is “passed through” to the security holder as monthly payments of principal, interest and prepayments.

MUTUAL FUNDS: Open-end professionally managed investment fu nd that pools money from many investors to purchase securities.

NEGOTIABLE CERTIFICATES OF DEPOSIT: CDs with a minimum face value of $100,000 that can be traded in a highly-liquid secondary market.

NRSRO: Nationally Recognized Statistical Rating Organization, a credit rating agency approved by t he U.S. Securities and Exchange Commission (SEC) to provide information that financial firms must rely on for regulatory purposes. The top firms including Moody’s Investor Services, Standard and Poor’s and Fitch Group.

PORTFOLIO: Collection of securities held by an investor.

PRUDENT PERSON RULE: An investment standard.

PRIMARY DEALER: A group of government securities dealers t hat submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange commission (SEC) registered securities broker- dealers, banks, and a few unregulated firms.

RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

REPURCHASE AGREEMENT (REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date.

SAFEKEEPING: A s ervice to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection.

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City of Fontana
Statement of Investment Policy
22 SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.

SECURITIES AND EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SUPRANATIONAL OBLIGATIONS: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by t he International Bank f or Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, and eligible for purchase and sale within the United States.

TREASURY BILLS: A non-interest bearing discount security issued by the U.S.

Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than ten years.

TREASURY NOTES: Intermediate term coupon bearing U.S. Treasury securities having initial maturities of from one to ten years.

YIELD: The rate of annual income return on an investment expressed as a percentage. Income Yield is obtained by dividing the current dollar income by the current market price for the security. Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

135
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1124 Agenda Date: 1/25/2022
Agenda #: L. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Homekey2 Project and Application Resolution
RECOMMENDATION:

2. Adopt Resolution No. 2022-______, a resolution of the City Council of the City of Fontana authorizing application to and participation in the California Department of Housing and Community Development Homekey program.

3. Authorize the City Manager to execute and transmit any documents necessary or appropriate to ensure the City's timely submission of the Homekey application, inclusive of an Funding Commitment letter demonstrating the City’sintent to commit Permanent Local Housing Allocation (PLHA) funds not to exceed $1,312,326 to support project operating expenses for up to 4-years, and the City’sintent to commit up to $992,936 in development costs for non-assisted units from either PLHA or Housing Trust funds.

COUNCIL GOALS:
· To concentrate on inter-governmental relations by pursuing financial participation from county, state and federal governments.
· To promote affordable housing by acquisition, substantial rehabilitation, and professional management of selected multi-family properties as a vehicle to reduce crime and code enforcement activity and to address the affordability needs of this community DISCUSSION:

The California Department of Housing and Community Development (HCD) has made available approximately $1.45 billion in Homekey funding to sustain and rapidly expand the inventory of housing for people experiencing homelessness or At Risk of Homelessness (collectively the “Target Population”)and who are, thereby, inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases. Before the COVID-19 pandemic, homelessness data showed Black, Indigenous, and People of Color (BIPOC) were overrepresented in the homelessness system. The pandemic made racial disparities more apparent, and communities are dealing with the additional disproportionate impact of illness and death among City of Fontana Printed on 1/20/2022Page 1 of 4
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File #: 21-1124 Agenda Date: 1/25/2022
Agenda #: L. Category: Consent Calendar
people experiencing homelessness.

Homekey, Round 2 (Homekey2) is defined in an extensive Notice of Funding Availability made public by HCD on September 9, 2021. The program is designed to support development of a broad range of housing types as Permanent or Interim Housing for the Target Population including specified sub- populations. Eligible uses include acquisition and/ or rehabilitation. Eligible projects include multifamily rental housing and, shared housing or scattered site housing under common ownership.

Interim Housing Projects must be encumbered with a 15-year covenant, or similar recorded use restriction. Mixed projects with assisted and unassisted units are permitted, however only costs for assisted units will be eligible for Homekey funds.

Homekey2 awards will be made based on scored applications. In addition to capital expenditures the program will provide an operating subsidy based on an annualized calculation per assisted door.

Early submission before February 1, 2022, is strategically beneficial, because the applicant pool is limited to defined geographies and bonus funds are awarded. Bonus points and funds are also awarded for quickly reaching full occupancy.

Overview: The City proposes a Homekey2 project which would add 10 to 14 units of interim housing and preserve up to seven units of market rate housing to the community, in a project totaling 17 units.

The final determination of the assisted units to be provided will be based on responses from HCD regarding inquiries made relevant to the structure of the project. This report presents maximum project costs based on a 17-unit project, 14 of which are assisted.

Assisted units, providing wrap around supportive services, would be for those inherently impacted by COVID-19 by nature of being homeless or chronically homeless, or at risk of homelessness, who are residents of San Bernardino County and preferably the City of Fontana. The units, spread over up to two City and Housing Authority owned properties, would be operated as a cohesive project by Quality Management Group (QMG) as the property manager, and Water of Life (WOL) as the lead service provider.

Development Budget & Cash Flow:

Development Budget
Cost Amount ($)
Land Cost/ Acquisition 1,479,175
Rehabilitation 452,232
Relocation Expenses 114,493
Reserves 410,171
Other Costs 100,300
Developer Costs 57,606
Total Project Costs 2,613,977
Total project costs are estimated at a maximum of $2,613,977. This includes $1,479,175 in acquisition and closing costs, $452,232 of rehabilitation, $114,493 for relocation, $410,171 in reserves, $100,300 in other costs (furnishings and Policy of Title Insurance), and $57,606 in developer costs. No capital match is required. However, the City will be required to fund development costs for unassisted units, which represents the pro rata development expense for non-assisted City of Fontana Printed on 1/20/2022Page 2 of 4
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File #: 21-1124 Agenda Date: 1/25/2022
Agenda #: L. Category: Consent Calendar
costs for unassisted units, which represents the pro rata development expense for non-assisted units, and can be derived from the City’sPLHA allocation or Housing Trust Fund, subject to City Council approval. In the model presented here the costs to the city will be $444,029.

Rent will be derived from three, currently existing, market rate units. Current rents are under review by the City. For the purposes of this model rents are unchanged, which will result in adjusted project rental income in year 1 of $43,890.

Operating expenses in year 1 are estimated at $394,141. This includes $62,364 in supportive services staffing, $59,950 in additional supportive services, $60,320 in property management staffing, $147,850 in property management and operating expenses, $43,657 in fringe benefits for all staff, and a replacement reserve of $20,000.

To access the maximum Homekey2 operating subsidy, the City will commit 4 years of operating match to the project, which is estimated to be $1,312,326 and is subject to Council approval can be derived from the City’sPLHA allocation. The City seeks a total Homekey2 award - capital, operating subsidy, and bonus awards - of $3,054,395. With the Homekey2 operating subsidy there is no operating deficit for the first 2 years. Over 15 years, the cumulative cash flow deficit is estimated at $5,972,798, which the City will be responsible for securing.

Proforma Cash Flow
Cost Year 1 ($) Year 15 ($)
Effective Gross Income43,890 62,015
Total Expenses & Reserves394,141 593,158
Net Operating Revenue/Deficit(350,251) (531,143)
Homekey2 subsidy draw350,251 -
Net Cash Flow - (531,143)
Cumulative Net Cash Flow- (5,972,798)
Property Descriptions:

The presented project is comprised of at most two properties, owned by the Fontana Housing Authority or the City of Fontana, and inclusive of the following: 8996 Olive Street and 8344 Bennett Avenue.

The Olive Street property contains ten 2-bedroom units. The property lot size is 18,900 square feet, with 8,280 square feet of floorspace.

The Bennett Avenue property contains seven units: six 2-bedroom units and one 3-bedroom unit. The property lot size is 18,000 square feet, with 6,310-square feet of floorspace.

For Unit Distribution by Target Population reference Exhibit A.

SUMMARY OF FISCAL IMPACTS:

Cost Amount ($)
Grant Request 3,054,395
Total Project Costs 2,613,977
Development Costs to City 444,029
Cumulative Net Cash Flow Y1 -
Cumulative Net Cash Flow Y15 (5,972,798)
Average annual operating deficit over 15 years (398,187) City of Fontana Printed on 1/20/2022Page 3 of 4
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File #: 21-1124 Agenda Date: 1/25/2022
Agenda #: L. Category: Consent Calendar
Cost Amount ($)
Grant Request 3,054,395
Total Project Costs 2,613,977
Development Costs to City 444,029
Cumulative Net Cash Flow Y1 -
Cumulative Net Cash Flow Y15 (5,972,798)
Average annual operating deficit over 15 years (398,187) The Homekey program stipulates the City will be required to enter into a 15-year covenant agreement for provision of the project’s interim housing under the terms of HCD’s Standard Agreement. Every effort has been made to project anticipated costs over the duration of the covenant in accordance with HCD stipulated provisions and requirements. However, as with all long- term projections, forecasting with any degree of certainty is difficult at best.

The project was initially structured with all 21 units dedicated to the Target Population; however, when the proforma disclosed the City would be required to provide $55,725,804 in operating subsidy over its 55-year term, an alternative project structure was developed. This led to the recommended Interim and market rate housing option, providing 14 units of Target Population housing, and three units of market rate housing; resulting in a sizable yet manageable 15-year operating subsidy expenditure to the City of $5,972,798, while maintaining eligibility for Homekey funding.

FISCAL IMPACT:

If awarded by the State, and approved by the City Council, the applicable revenue and expenditure budgets will be adjusted at one of the quarterly budget meetings. The City of Fontana will authorize the use of Permanent Local Housing Allocation (PLHA Fund #295) funds to fund any deficit.

MOTION:

Accept staff recommendation.

City of Fontana Printed on 1/20/2022Page 4 of 4
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139

AUTHORIZING RESOLUTION
RESOLUTION NO. ______

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF FONTANA

AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE HOMEKEY

PROGRAM

WHEREAS:

A. The Department of Housing and Community Development ( “Department”) has issued a Notice of Funding Availability, dated September 9, 2021 (“NOFA”), for the Homekey Pro gram (“Homekey” or “ Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021 -2022 Reg. Sess.), § 20.).

B. The City of Fontana (“Applicant”) desires to apply for Homekey grant funds.

Therefore, Applicant is submitting an application for Homekey funds (“Application”) to the Department for review and consideration.

C. The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and co nditions of the NOFA, the Application, the Department -approved STD 213, Standard Agreement (“Standard Agreement ”), and all other legal requirements of the Homekey Program.

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to sub mit an Application to the Department in response to the NOFA, and to apply for Homekey grant funds in a total amount not to exceed $3,054,395.

2. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $3,054,395, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and a ll amendments thereto (collectively, the “Homekey Documents”).

3. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standa rd Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

140

4. Acting City Manager is authorized to execute the Application and the Homekey Documents on behalf of Applicant for participation in the Homekey Program.

PASSED AND ADOPTED this _____ day of ______________, 202_, by the following vote:

AYES: [ #_] NAYES: [ #_] ABSTAIN: [ #_] ABSENT: [ #_]

The undersigned, Tonia Lewis, City Clerk, of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: DATE:

NAME: Tonia Lewis TITLE: City Clerk

[NOTICE AND INSTRUCTIONS APPEAR ON THE FOLLOWING PAGE]

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NOTICE AND INSTRUCTIONS

1. Notice. The Department is providing this template Authorizing Resolution as informational guidance only. The Department encourages each Applicant to consult with professional legal counsel during the development of its own formal, legally binding statement that it is authorized to apply to and participate in the Homekey Program.
a. Please note, however, that any limitations or conditions on the authority of the signatory or signatories to execute the Application or the Homekey Documents may result in the Department rejecting the Authorizing Resolution.

2. Accuracy, Verification. The Department will verify that this Authorizing Resolution comports with the legal authority and composition of Applicant’s governing body.

Applicant must timely notify the Department, in writing, of any factors that limit its ability to provide an Authorizing Resolution which is materially in line with this template.

3. Dollar Amounts of Grant Awards. The Department recommends identifying an authorized dollar amount that is at least double the anticipated award (based on current formula calculations). Award amounts are subject to change. If Applicant is ultimately awarded an amount in excess of the amount identified in the Authorizing Resolution, the Department will require a new Authorizing Resolution from Applicant before execution of a Standard Agreement.

4. Authorized Signatory or Signatories, Designee. Applicant, as a state, regional, or local public entity, may designate an authorized signatory by title only. In addition, Applicant may authorize multiple signatories, so long as there is clarifying language as to whether the signatories are authorized to execute the Homekey Documents individually or collectively. In addition, Applicant may authorize a designee of the authorized signatory to execute the Homekey Documents. In such case, Applicant must append a supporting document (e.g., memorandum, meeting notes of official action), which indicates the name and title of the designee who is authorized to legally bind the governing body.

5. Vote Count. Please fill out the field by every voting category (i.e., Ayes, Nayes, Abstain, Absent). If none, please indicate zero (0) for that field. The vote count must comport with the legal authority and membership of the Applicant’s governing body.

6. Certification of Authorizing Resolution. The individual who certifies the Authorizing Resolution cannot also be authorized to execute the Homekey Documents on behalf of Applicant.

142

EXHIBIT A
Unit Distribution by Target Population
Property Unit
Count
Unit Distribution by Target Population Square
feet 2-Br 3-Br Target Population
Olive Street 10
3 - Homeless
8,280
7 - Chronically homeless
Bennett Avenue 7
2 1 Market rate
6,310
4 - At risk of homelessness
Total 17 16 1 14,590

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1079 Agenda Date: 1/25/2022
Agenda #: M. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Purchase & Sale Agreement - Downtown Fontana Properties RECOMMENDATION:

1. Approve a Purchase & Sale Agreement for the sale of 16756 Arrow Blvd. and APN #019116208, two properties located on Arrow Blvd. in Downtown Fontana.

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

COUNCIL GOALS:
· To promote economic development by concentrating on job creation. · To promote economic development by pursuing business retention, expansion and attraction.

DISCUSSION:

The City of Fontana will be undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Merrill Ave to the South, Mango Ave to the East and Juniper Ave to the West. In an effort to facilitate the implementation of this revitalization, the City will be assisting with the acquisition and assemblage of various properties in Downtown Fontana.

Two properties recently became available for acquisition in Downtown Fontana.

The properties are 16756 Arrow Blvd. (Pina Furniture) and APN #019116208 (a vacant lot). The property located at 16756 Arrow Blvd. includes a 4,900 square foot building on a 9,800 square foot lot. APN #019116208 is a 6,500 square foot lot located on the North side of Arrow Blvd.

The City and the sellers brokers have reached agreement on a Purchase Agreement with the following proposed deal-points;
· The City of Fontana would acquire both properties (16756 Arrow Blvd. & APN #019116208) for the price of $1,150,000.
· The City of Fontana and sellers (Labra Investments, LLC) will equally split any/all escrow and title fee’s as appropriate.

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File #: 21-1079 Agenda Date: 1/25/2022
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· The City will have sixty days to perform any due-diligence on the subject property, including completion of an environmental assessment and title review. · Following the due-diligence period the City will have a fifteen-day financing period to complete all wire-transfers and documents necessary for the close of escrow. · The property and building located at 16756 Arrow Blvd. is currently occupied and in use by Pina Furniture. The City of Fontana and Pina Furniture will execute a lease-agreement for the continued use and operation of the building following the close of escrow. · For a period of six months following the close of escrow, Pina Furniture will lease the building (with no required rent payment) from the City of Fontana. Pina Furniture will be required to pay for all utility costs and to provide insurance on the property and building. · Following the six month lease period, Pina Furniture will be required to vacate the building and property, including the timely removal of any furniture, equipment and/or supplies.

Approval of the Purchase Agreement and sale of 16756 Arrow Blvd. and APN #019116208 will assist with the assemblage of various properties located in Downtown Fontana. That assemblage will facilitate the City’s vision and plans to dramatically revitalize the Downtown Community.

FISCAL IMPACT:

Monies are available for the sale of these properties, totaling approximately $1.2M - in Fund 601 - Capital Reinvestment. Appropriate paperwork will be submitted with the Mid-Year Budget Status Report.

MOTION:

Accept Staff Recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1061 Agenda Date: 1/25/2022
Agenda #: N. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Resolution Ratifying the 2021-2023 Confirmation of Understanding for Management Confidential Employees
RECOMMENDATION:

Adopt Resolution No. 2022-_____ a Resolution of the City Council of the City of Fontana ratifying the Confirmation of Understanding (COU) between the City of Fontana and Management Confidential Employees.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· To practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The City has concluded negotiations with Management Confidential employees. City staff and representatives of the Management Confidential Unit have agreed on terms and conditions of employment outlined in the new Confirmation of Understanding (COU). Staff is recommending the formal ratification of the new agreement.

The new COU is for the period of July 1, 2021, through June 30, 2023. Among the highlights of the new contract is a salary increase of 1.25%, effective July 2022.

FISCAL IMPACT:

The costs associated with the approval of this item for Fiscal Year 21/22 are estimated to be $112,770 and will be included with the Mid-Year Budget Report.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2022 -

A RE SOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

RATIFYING THE CONFIRMATION OF UNDERSTANDING BETWEEN THE

CITY OF FONTANA AND MANAGEMENT CONFIDENTIAL EMPLOYEES

WHEREAS, the City Council of the City of Fontana h as adopted a Confirmation of Understanding (COU) which incorporate s the terms , working conditions, and compensation levels for the classifications covered by this group; and

WHEREAS, a COU has expired, and the City and this group have agreed on new terms outlined in the new COU.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, to ratify the Confirmation of Understanding between the City of Fontana and Management Confidential employees.

EFFECTIVE DATE: July 1, 2021

APPROVED AND ADOPTED this 25th day of January, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Tonia Lewis, City Clerk of the City of Fontana , and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on January 25, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

___________________________
City Clerk of the City of Fontana

___________________________
Mayor of the City of Fontana

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Resolution 2022-

ATTEST:

___________________________
City Clerk

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CITY OF FONTANA

CONFIRMATION OF UNDERSTANDING

FOR

MANAGEMENT/CONFIDENTIAL EMPLOYEES

COVERING THE PERIOD OF

JULY 1, 2021 THROUGH JUNE 30, 2023

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i

TABLE OF CONTENTS

ARTICLE 1: PURPOSE ................................................................................................... 1 ARTICLE 2: CITY PERSONNEL RULES AND REGULATIONS ..................................... 1 ARTICLE 3: WAGES ....................................................................................................... 2 ARTICLE 4: PERSONAL LEAVE .................................................................................... 2 Section A. Personal Leave Accrual .............................................................................. 2 Section B. Leave Accrual Limits ................................................................................... 3 Section C. Leave Cash Out .......................................................................................... 3 Section D. Negative Leave Usage ................................................................................ 3 ARTICLE 5: BILINGUAL PAY ......................................................................................... 3 ARTICLE 6: CAFETERIA PLAN ...................................................................................... 3 ARTICLE 7: CERTIFICATE PAY..................................................................................... 4 ARTICLE 8: OVERTIME, ADMINISTRATIVE TIME AND COMPENSATORY TIME....... 4 Section A. Non-Exempt Employees. ............................................................................. 4 Section B. Exempt Employees ..................................................................................... 5 ARTICLE 9: STAND-BY PAY .......................................................................................... 5 Court Stand By and Court Appearance Compensation ................................................ 6 ARTICLE 10: COMPENSATION FOR ACTING APPOINTMENTS ................................. 6 ARTICLE 11: WORK SCHEDULE .................................................................................. 7 ARTICLE 12: DISCIPLINE .............................................................................................. 7 ARTICLE 13: HOLIDAYS ................................................................................................ 7 Section A. Compensation for Holidays ......................................................................... 7 Section B. Eligibility for Holiday Pay ............................................................................. 8 Section C. Winter Holiday Closure ............................................................................... 9 ARTICLE 14: LONGEVITY PAY ..................................................................................... 9 ARTICLE 15: RETIREMENT BENEFITS ...................................................................... 10 Section A. Participation .............................................................................................. 10 Section B. 1959 Survivor's Benefit.............................................................................. 11 Section C. PERS Military Buy-Back ............................................................................ 11 Section D. Health Insurance for Retired Employees ................................................... 11 Section E. Retirement Health Savings Program Joint Labor/Management Committee ............................................................................................................................... 12 ARTICLE 16: DEFERRED COMPENSATION………………………..……………………12
ARTICLE 17: PERFORMANCE EVALUATIONS .......................................................... 12 ARTICLE 18: MERIT INCREASES ............................................................................... 12 ARTICLE 19: LAYOFFS ................................................................................................ 13 A. Full-time Temporary Employment Following Layoff ................................................ 13 B. Seniority and Benefits Upon Reinstatement After Layoff ........................................ 13 ARTICLE 20: WELLNESS ............................................................................................. 13 ARTICLE 21: CALL BACK PAY .................................................................................... 13 ARTICLE 22: SHIFT DIFFERENTIAL PAY ................................................................... 13 ARTICLE 23: JURY DUTY ............................................................................................ 14 ARTICLE 24: UNIFORM ALLOWANCE ........................................................................ 14 ARTICLE 25: SALARY SURVEY .................................................................................. 14 170
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ARTICLE 26: EDUCATIONAL ACHIEVEMENT PAY .................................................... 14 ARTICLE 27: EMPLOYMENT-RELATED UPDATES .................................................... 15 ARTICLE 28: SEVERABILITY ....................................................................................... 15 ARTICLE 29: DIRECT DEPOSIT .................................................................................. 15 ARTICLE 30: ONE TIME PAYMENT……………………………………………..…………15
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CONFIRMATION OF UNDERSTANDING

BETWEEN

CITY OF FONTANA
AND

MANAGEMENT/CONFIDENTIAL EMPLOYEES

ARTICLE 1: PURPOSE

The purpose of this letter is to confirm our understanding regarding certain terms and conditions of employment for the City's Management/Confidential employee's in the form of a written Confirmation of Understanding (COU). In reaching this understanding, both the City and the Management/Confidential employees agree and recognize that neither the understanding or the discussion surrounding it should constitute or imply that the City has recognized or certified, these employees as an appropriate bargaining unit or the exclusive representative for the City's Management/Confidential employees. The City has chosen to allow the Management/Confidential employees to participate in Wage and Benefit discussions. The terms and conditions of this understanding shall be applicable to employees in those classifications set forth in Appendix A , commencing July 1, 2021 and ending June 30, 2023. No Modifications will be made to this COU without prior notice and meeting with representatives of this group to allow for full discussions regarding any proposed changes.

The City and Management/Confidential employees acknowledge that the City is working through the implementation of a new Human Resources & Payroll System (“System”) during the term of this COU. The completion and readiness of the System shall be a reopener as to all issues that are impacted. To the extent the System’s implementation may impact terms and conditions of employment, the parties will meet, confer, and negotiate prior to implementation.

ARTICLE 2: CITY PERSONNEL RULES AND REGULATIONS

It is understood and agreed that there exists within the City, in written form, certain personnel rules, policies, practices and benefits, generally contained in the "City of Fontana Personnel Rules and Regulations and as amended by City resolutions and Confirmations of Understanding. Those rules, policies and benefits will continue in effect, except for those provisions modified by this COU, unless and until modified by written notification to the Management/Confidential employees from the City Manager or his designee, and enacted by the City Council, if necessary, in accordance with State laws, orders, regulations, official instructions or policies. In the case of changes , Management/Confidential employees shall be consulted with as soon as possible on the change.

The City shall distribute copies and updates of the Pers onnel Rules and Regulat ions to the Management/Confidential employee(s) identified as the individual(s) responsible for the receipt and maintenance of such information. The individual (s) identified for receipt 172

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of such copies and updates shall be responsible for their continued m aintenance and updates.

ARTICLE 3: WAGES

Effective the beginning of the pay period following July 1, 2022, each employee/classification represented by the group shall receive a 1.25% base salary increase.

For the purposes of compaction, effective July 1, 2023 the City will ensure that there is at least a one (1) percent difference between the wage increase for the Management/Confidential group and the negotiated wage increase for the Teamsters Local 1932, City Hall Unit , as outlined in their Memorandum of Understanding (MOU) Article 5 - Wages. To the extent that an increase to the Management/Confidential group wages is required to maintain the one (1) percent difference, such increase will be effective on the date outlined in the Teamsters Local 1932, City Hall Unit contract as outlined above. Alternatively, if the Teamsters Local 1932, City Hall Unit does not have a City Council approved contract as of July 1 st, the wage increase for the Management/Confidential group will not be effective until the effective date of the Teamsters Local 1932, City Hall Unit contract, in which case the Management/Confidential group will not be entitled to receive retroactive payment for the period between July 1st and the date of the Teamsters Local 1932, City Hall Unit contract.

In the event that chan ges to salaries in groups other than the Management /Confidential group create significant compaction issues (i.e. a supervisor making less than 5% (E step to E step) above a subordinate, the City agrees to review and make necessary corrections to the specific Management/Confidential position(s) identified.

ARTICLE 4: PERSONAL LEAVE

Section A. Personal Leave Accrual

The personal leave accrual rate shall be as follows:

YEARS OF SERVICE HOURS

ASSIGNED

PAY PERIOD

ACCUMULATION
0 - 2 Years 224 Hours 8.615
2 - 4 Years 240 Hours 9.230
4 - 6 Years 256 Hours 9.846
6 - 8 Years 264 Hours 10.154
8 - 10 Years 272 Hours 10.462
10 - 14 Years 280 Hours 10.769
14 - 18 Years 296 Hours 11.385
18 + Years 312 Hours 12.000

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Section B. Leave Accrual Limits

The number of personal leave hours which can be carried over from year to year will be limited to a maximum of two and one half (2.5) years personal leave accrual. Employees will cease to accrue personal leave time until they have reduced their personal leave balance below their ceiling. The City Manager, at his discretion, reserves the right to pay out an employee's accrued personal leave time which is in excess of the two and one half (2.5) year ceiling and/or the 120 -hour maximum, when such payment has been determined to be in the best interest of the City.

Section C. Leave Cash Out

The maximum amount of leave time (personal leave, compensatory time or a combination of both) which can be cashed out under the City's "leave plans" is one hundred and twenty (120) hours per year. The requested cash out can be made at either or both dates below, via direct deposit, not to exceed the max imum amount listed in this Article per calendar year (July 2021):

Payment Dates
• On or before July 31st
• On or before the second Friday in December

Employee’s leave time (as mentioned above) may not be reduced to less than eighty (80) hours as a result of participation in the annual leave cash out. (July 2017)

Section D. Negative Leave Usage

All provisions regarding negative leave usage are eliminated. (Employees may only use time accrued). The City Manager may, upon written request, approve exceptions to this provision under extraordinary circumstances where the employee provides a written deduction authorization allowing the City to withhold any monies owed from this negative leave usage from the employee's final paycheck.

ARTICLE 5: BILINGUAL PAY

Effective June 24, 2017, the City shall pay one hundred dollars ($100.00) per pay period for those employees who are assigned by the Department Head to assist with providing translation to and from a foreign language and other related services. Eligible employees will be required to pass a test which shall be administered by a qualified agency or individual.

ARTICLE 6: CAFETERIA PLAN

Effective January 1, 2015 all employees within the Management/Confidential group shall receive $776.70 per month for the purchase of health and welfare benefits through the City Cafeteria Plan.

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Effective January 1, 2007, for employees paying out-of-pocket, the City will contribute to the City’s Cafeteria Plan an amount equal to the cost of the Anthem Blue Cross HMO family rate with $15.00 co -pay and the high dental family rate. The City’s contribution shall not exceed the actual expenditures for the afo rementioned coverage. The amount that employees may receive under the City’s Cafeteria cash back option shall be limited to $776.70 per month.

ARTICLE 7: CERTIFICATE PAY

Employees currently receiving Certificate Bonus Pay shall continue to receive it so long as the employee remains in the same classification and the certificate continues to be relevant to the employee's job duties and responsibilities. Certificate Bonus Pay shall be eliminated for other Management/Confidential employees.

ARTICLE 8: OVERTIME, ADMINISTRATIVE TIME AND COMPENSATORY TIME

Section A. Non-Exempt Employees.

1. Overtime
Non-exempt employees shall be compensated for overtime at the rate of time and one-half for all time actually worked in excess of forty (40) hours in a work week.

There shall be no "pyramiding" of overtime (e.g., if an employee receives a minimum two hours call back pay at the overtime rate, and those hours worked also result in their working in excess of forty (40) hours in a work week, double overtime will not be paid). Pre-approved/prescheduled leave, non-floating holiday time and jury duty will be considered actual time worked for all non -exempt members. Absence due to unscheduled leave shal l not be regarded as time worked in calculating eligibil ity for overtime. No overtime will be recognized except with the prior approval of the Department Head , except as required by law.

For the purposes of overtime calculations for classifications represented by the Unit that work in the Fontana Police Department’s Communication Center, the workweek will end at the midpoint of the employee’s scheduled shift on either Wednesday or Thursday of each week, depending on the employee’s designated schedule.

Non-Exempt Police Management/Confidential employees who are “ordered” to work overtime will have pre -approved/pre-scheduled vacation time, holiday time and jury duty be considered time worked for purposes of calculating overtime.

2. Compensatory Time Off
A non-exempt employee may not have accrued to their account at the end of any fiscal year more than eighty compensatory time off hours. The cash value of any hours in excess of eighty credited to the employee's account on June 30 , of each 175

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year, shall be paid at the salary rate in effect on June 30 , and will be paid out in conjunction with the City's Leave Payout program.

Section B. Exempt Employees

Exempt employees (as designated by the City) shall receive sixty (60) hours of administrative time off without loss of compensation in lieu of overtime or any other compensation. With the City Manager's or his designee(s) concurrence, the Department Head may grant additional administrative days off to an exempt employee who has been required to work an excessive number of hours. Such additional administrative time off shall not be granted for the performance of regular duties, but is intended to compensate those employees who have gone above and beyond the normal call of duty (for example, special projects or filling in for an absent employee for a substantial amount of time).

Administrative time off does not accumulate from year to year. Thus, any time not taken off prior to June 30 th shall be forfeited. All administrative days off must be approved in writing by the Department Head or their designee, prior to their being taken.

Administrative time off will be treated the same as personal leave for scheduling and approval purposes. Exempt employees shall be subject to salary reductions only as permitted by the Fair Labor Standards Act and its implementing regulations.

ARTICLE 9: STAND-BY PAY

1. The Information Technology Department must maintain the City’s computer system, including the Police computer systems, on a 24 -hour basis. The Public Works and Engineering Departments have a routine and regular requirement for employees to respond to emergency situations in the field on a 24-hour basis. This requires staff to be placed on standby in order to be able to respond and provide emergency support within two hours of receiving a call.

2. In order to meet the needs of the City the following classifications shall be eligible for Standby Pay:

a) Information Technology: In order to meet the needs of the City (stated above), designated Information Technology positions, at the discretion of the Department Director, shall be eligible for standby pay. No single individual will be put on standby on a permanent ba sis; each group will have at least two individuals who will rotate standby responsibilities on a weekly basis, as assigned. When on standby status, the standby employee must respond to the work site within two hours, if the problem cannot be corrected via remote access.

b) Public Works: The Utilities & Streets Supervisor, Fleet Maintenance Supervisor and Parks & Landscape Supervisor shall rotate standby responsibilities on a weekly basis, as assigned. When on standby status, the standby employee must respond to the emergency within two hours.

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c) Engineering Department : Supervising Traffic Systems Specialist , Supervising Public Works I nspector. When on standby status, the standby employee must respond to the emergency within two hours.

d) The City may designate additional positions for standby as recommended by department director(s) and approved by the Human Resources Director to meet the service needs of the City.

3. Employees assigned to standby shall be compensated $200 per week; classifications that are exempt from FLSA overtime regulations shall not receive overtime compensation for any time worked as a result of being on standby and responding to a call.

Court Stand By and Court Appearance Compensation

4. Court Stand By: Non -Exempt Police Management/Confidential employees who are placed in a “Stand By” status restricting their freedom of movement in lieu of attending court in response to a direct order or lawful subpoena pertaining to matters arising during the course and cope of employment shall be compensat ed at the rate of one- half of the employee’s straight time compensat ion (e.g., if an employee is earning $20.00 an hour, and is placed in a “Stand By” status, such employee will be compensated at the rate of $10.00 an hour).

5. Court Appearance: Non -Exempt Police Management /Confidential employees assigned to the Police Department who are required to attend court, outside of their scheduled work hours, pursuant to a lawful subpoena relating to events occurring during the course and scope of his/her employment, will receive overtime compensation, in either cash or compensatory time off at the employee’s option for time spent in attendance, with a minimum compensation payment of two (2) hours.

ARTICLE 10: COMPENSATION FOR ACTING APPOINTMENTS

Subject to the following conditions, an employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which the employee is normally assigned , shall receive the entrance salary rate of the higher salary range or the rate of five percent (5%) higher than the employee normally receives, whichever is greater.

a) Such pay will be for all hours worked in an acting appointment which are in excess of 80 hours in any six-month period.
b) The employee must perform all the duties and assume all the responsibilities of the higher class.

c) Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of a newly budgeted positions, 177

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where the needs of the City require that the position be filled.

d) The City Manager must approve all such appointments based upon a finding that the criteria set forth in this paragraph have been met.

ARTICLE 11: WORK SCHEDULE

It is not the intent of the City at thi s time to modify the 9/80, 4/10, or 12 hour work schedules. Should there be a need to change work schedules at a future date, employees will be provided with at least 14 calendar days prior notice.

ARTICLE 12: DISCIPLINE

Exempt employees shall be subject to suspensions in accordance with FLSA (Fair Labor Standards Act) regulations.

Police Management/Confidential employees upon mutual written agreement between the Chief of Police and the affected employee, may have an equi valent amount of unused accrued personal leave time deducted from his/her account in lieu of serving a suspension without pay for that period. Compensatory time off may not be deducted in lieu of serving a suspension.

ARTICLE 13: HOLIDAYS

The following days shall be observed by the City as paid holidays:

New Year's Day Labor Day
Martin Luther King’s Birthday Veteran’s Day
President’s Day Thanksgiving
Memorial Day Day After Thanksgiving
Independence Day Christmas Eve
Christmas Day

In addition to these Holidays employees shall receive (3) Floating Holidays

Section A. Compensation for Holidays

The holidays shall have the same hour equivalent as the e mployee’s regular work schedule (8, 9, up to a maximum of ten (10) hours) for that day, in order that the affected employees no longer have to supplement observed holidays off with paid personal leave.

However, the value of the day after Thanksgiving shall be 8 hours, unless an employee would normally work more than eight hours on that Friday (July 2013).

The employee’s holiday leave account shall receive 20 hours of Floating Holidays (employees on 4/10 work schedule) or 18 hours (employees on 9/80 work schedule) on January 1, and will receive 10 hours or 9 hours credit (depe nding on work schedule) on 178

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November 1.

Floating holidays must be used within the fiscal year earned, and may not be carried over from year to year. Floating holiday time not used by June 30 of each year will be forfeited by the employee.

Exempt employees may, at the Department Head's discretion, be granted an additional administrative/floating holiday day off if they are required to work a designated City paid holiday. If a Police Management/Confidential employee is assigned to work a City Holiday due to supervisory needs, the employee will receive the value of the holiday in Floating Time. The value of the holiday will be based on the employees regular work schedule.

Employees whose positions are subject to regularly working holidays shall receive a n additional amount of salary computed upon the employee’s salary range and step at the time of payment, and will have the same hour equivalent as the employee’s regular work schedule per month (10 hours per month for employees on a 4/10 or 3/12 work schedule or 9 hours per month for employees on a 9/80 work schedule, or 8 hours per month for employees on a 5/8 work schedule). Such employees shall be entitled to receive this additional amount of salary regardless of whether or not they actually were required to work the holiday.

Non-Exempt, Management/Confidential Police employees required to work holidays shall receive their regular pay for the actual hours worked on a holiday. In addition, such employees shall also receive an equivalent amount of pay or compensatory time off, at the employees’ election, in lieu of holiday compensation. The pay or compensatory time will be paid a t 5.38 hours per pay period over 26 pay periods (the equivalent of 14 holidays). Those employees electing Compensatory Time off in li eu of pay shall submit their written request to the Chief of Police. This written request must indicate approval of the Unit Supervisor/Manager and must be submitted prior to July 1 of each year. Upon approval, this elec tion shall remain in effect until June 30 th of the following year. The approval of such requests (compensatory time in lieu of pay) are at the complete discretion of the Police Department and may be denied based upon the needs of the department.

Section B. Eligibility for Holiday Pay

In order to be eligible for a paid holiday, employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the holiday and the Tuesday following the holiday.

This requirement is not applicable for any paid holidays which occur during the City’s winter holiday closure described below. Rather, to be eligible for pay on those holidays, 179

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employees must be in a paid status both the day before and the day after the w inter holiday closure.

Section C. Winter Holiday Closure

The City and Management/Confidential group mutually agree to the closure of the City for business during the winter holiday period (e.g. Christmas Eve through New Year’s Day) as follows:

2021: December 23, 2021 through January 1, 2022
2022: December 22, 2022 through January 1, 2023

In conjunction with City paid holiday time, employees will be required to utilize their leave time (i.e. personal leave, compensatory time, floating holidays) to equal the remainder of their regular work schedule. Employees who have exhausted their leave time will be placed in a Leave With out Pay status. Ho wever, if all of an employee's leave time has been exhausted due to a catastrophic event, and leave without pay would result in an undue hardship, the City agrees to review such situations on an individual basis, and where possible, provide alternatives which may help mitigate their situation. Employees requesting such consideration must submit their request in writing to the Human Resources Director prior to December 15th of each year.

ARTICLE 14: LONGEVITY PAY

A. Longevity pay shall be paid to all Management/Confidential employees who complete a minimum of ten (10) years of service based on the employee’s anniversary date (date of initial hire into a regular full -time position) at the rates indicated in the subsequent sections of this Article:
• A bi-weekly basis, equal to the amount indicated in Section B or C (i.e., a prorated portion of the annual longevity payment will be provided with each paycheck) and will be included on the employee’s next regular paycheck following eligibility, OR
• A one-time per year payment, payable on or before the second Friday in December. Unit employees shall receive longevity pay via direct deposit by electing one form of payment below:

The unit employee may not change their payment option once they elect to receive it bi -weekly. For current unit employees (Management/Confidential employees prior to July 1, 2021) payment election must be submitted to the Human Resources Department on or before October 1 st of each year to be effective the beginning of the pay period following January 1st of the following year. If an election is not made by the deadline indicated above, the unit employee will be subject to the bi-weekly payment indicated above. Any new Management/Confidential employees (on or after July 1, 2021) shall be subject to the bi-weekly payment.

Employee’s longevity payments shall cease upon termination of employment. 180

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B. Management/Confidential employees who were hi red prior to July 1 , 1990, shall receive longevity pay in biweekly amounts. In an amount equal to the following applicable percentage of the employee’s annual base salary upon the completion of the following length of service:

Such Longevity pay is based on years of service, commencing with ten (10) years, and is calculated as follows:

Years of Service Completed Longevity Payment
10 years but less than 14
years

3.75% of base salary
14 years but less than 15
years

5.25% of base salary
15 years but less than 20
years

6.50% of base salary
20 years but less than 25
years

7.75% of base salary
25 years but less than 30
years

9.00% of base salary
30 years + 10.25% of base salary

C. All unit employees hired on or after July 1, 1990 who are not eligible for longevity as described in Section B, shall receive longevity pay based on completion of the following applicable length of service in the following amounts:

10 years or more of continuous service $2250
15 years or more of continuous service $2750
20 years or more of continuous service $3250
25 years of more of continuous service $3750

D. These longevity payments shall be reported to PERS as compensation earnable for the purpose of calculating retirement benefits and contributions.

ARTICLE 15: RETIREMENT BENEFITS

Section A. Participation

The City participates in the Public Employees' Retirement System (PERS).

Tier I
Employees hired prior to July 1, 2011 will have the 2.5% at 55 Plan Full Formula for Local Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest one-year salary.

Effective the first full pay period in July 2011 employees in this group (pre-7-1-11) will pay 181

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three (3%) percent of the Employees’ portion of the CALPERS retirement system. The City shall pay the remaining employee contribution (5%) ; however, said payments shall not exceed the full employee portion of 8%. These payments are not salary increases but are the City's payment of employees' retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code.

For the purposes of any future comparisons of the level of compensation of employees covered by this agreement with comparab le employees in other jurisdictions, these payments shall be taken into account along with measuring base salaries.

Tier II
Employees hired on or after July 1, 2011 will have the 2.0% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee's "final compensation" will be based on the highest consecutive 36 month average for determining retirement benefits.

Employees in this group (post 7-1-11) will pay the full employee portion of the CALPERS retirement system.

Tier III
Employees hired on or after January 1, 2013, as is mandated by the Public Employee’s Pension Reform Act of 2013 (PEPRA), all new miscellaneous members, will have a retirement formula based on 2.0 % @ 62 Plan Full Formula for Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest consecutive 36 month average. An employee in Tier III will pay 50% of Normal Costs.

The amount is approved by CalPERS each year and is subject to change.

Section B. 1959 Survivor's Benefit

The City provides the Level 4 of the Level 1959 Survivor's Benefit for all employees enrolled in the PERS. The cost to employees for this benefit will be $2.00 per month.

Section C. PERS Military Buy-Back

The agreement between the City and PERS shall allow for the buy -back of time served by the employee in the Military.

Section D. Health Insurance for Retired Employees

Section 1 -- Pre July 1, 1990 Employees.

Management/Confidential employees hired prior to July 1, 1990, who retire (i.e., begin to draw from their PERS accounts) and have a minimum of ten (10) years of City service shall be eligible for City paid retiree health benefits. The City’s contributions towards retiree medical insurance shall not exceed the actual costs for the employee or employee and spouse (if applicable), based upon the City Kaiser rate. Employees who retire (i.e., begin to draw from their PERS accounts) after 20 years of City service shall be entitled to receive City paid retiree dental insurance for the employee or the employee and spouse.
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Section 2 -- Post July 1, 1990 Employees.

Employees who are ineligible for City -paid retiree health and/or dental insurance may elect upon retirement to c ontinue medical and/or dental coverage of their own expense through the City’s medical and dental plans.

Section -3 – Medicare

The City will reimburse eligible retirees for the cost of standard “Part B” Medicare premium, which is $134 per month in 2017, for those employees who elect such coverage.

This amount is subject to change based on adjustments by the Federal government. The cost is automatically withdrawn from those employees’ Social Security checks. Retirees must supply the City with proof of Payment (including deductions from Social security checks) for this coverage, and will be reimburse d on a quarterly basis. No retroactive reimbursements will be given.

Section E. Retirement Health Savings Program Joint Labor/Management Committee

The City and members of the Management/Confidential group agree to form a joint labor/management committee, no later than July 1, 2018, to research/establish a retirement health savings program. Upon mutual agreement, the program would require both City and employee contributions to a retirement health savings program. (July 2017)

ARTICLE 16: DEFERRED COMENSATION

Effective the beginning of the pay period following March 1, 2022, the City shall match employee contributions of up to $ 200/month into a defined deferred compensation account managed by one of the City’s financial providers.

Effective the beginning of the pay period following July 1, 2022, the City shall match employee contributions of up to $ 400/month into a defined deferred compensation account managed by one of the City’s financial providers.

ARTICLE 17: PERFORMANCE EVALUATIONS

Performance Evaluations with an overall rating of less than competent are within the scope of the grievance procedure.

ARTICLE 18: MERIT INCREASES

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ARTICLE 19: LAYOFFS

A. Full-time Temporary Employment Following Layoff

Qualified employees who are subject to layoff (laid off employees) may fill positions where there is an employee out on a leave who is not receiving salary or health and welfare benefits from the City, on a temporary basis until the absent employee returns , or the position is filled on a non-temporary basis. The laid off employee may be removed from such a position upon written notice from the City and shall not have any grievance or appeal rights.

During such temporary service, employees shall receive the salary and health and welfare benefits of the classification in which they are serving. If the laid off employee is removed from the temporary position they shall be eligible for that portion of the severance package, if any, that would be remaining on the date of removal as if it had run from their date of appointment into the temporary position. Except as explicitly provided herein, the employee shall in all other aspects be a temporary employee.

B. Seniority and Benefits Upon Reinstatement After Layoff

Employees who are reinstated to the same or equivalent classification within two (2) years after layoff shall have their seniority date restored to that prior to layoff. Probationary employees who are laid off, shall upon reinstatement, be required to serve any remaining balance of their original probationary period. In addition, reinstated employees will be entitled to the restoration of personal leave accrual rates they were eligible to receive prior to layoff.

ARTICLE 20: WELLNESS

The City shall allow all Management/Confidential employees use of the Miller and North Fontana Fitness Centers (ONLY) at no cost to the employee. Use of the centers is at each employee’s own risk and subject to the rules and regulations and hours of operation determined by the Community Services Department. Employees MUST show City issued ID to obtain access. Violation of any safety rule or regulations shall constitute valid grounds for revocation of the privilege of the Fitness Center usage, not subject to grievance. (July 2017)

ARTICLE 21: CALL BACK PAY

The City will pay a minimum of two (2) hours wages for each time a non-exempt employee is called back to work after his/her regular shift is completed and they have left their assigned work site.

ARTICLE 22: SHIFT DIFFERENTIAL PAY

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is regularly assigned to work shift s, are eligible to receive shift differential pay for hours actually worked as follows: (a) shift commencing at 1800 and concluding at 2300 shall receive 2.5% differential pay; and (b) shifts commencing at 2301 and concluding at 0600 shall be paid at 5% differential pay.

ARTICLE 23: JURY DUTY

The City agrees that when a Police Department employee’s scheduled shift is other than a day shift, the Department Head has the discretion, based on public and employee safety considerations, to reassign said employee to the day shift for the duration of the jury duty obligation. For purposes of this section, a day shift shall be defined as one beginning no earlier than 5:00 am and ending no later than 10:00 pm.

ARTICLE 24: UNIFORM ALLOWANCE

A uniform allowance in the amount of $1,000 per year will be paid to the following classification(s): Supervising Animal Services Officer. The uniform allowance will be paid in semi-annual increments of one-half (1/2) in October and April of each year.

A newly appointed employee in the above classification(s) will receive the appropriate uniform allowance at the end of the first pay period following appointment. If the employee leaves either voluntarily or involuntarily during the probationary period, the full uniform allowance that was provided will be deducted from their final pay check. Once the employee completes the probationary period they will be assigned to the regularly scheduled uniform allowance payment dates in October and April. The Uniform Allowance is intended for the purchase and maintenance of uniforms. The City/ Police Department may request verification of annual uniform purchase or maintenance if abuse is reasonably suspected. All classifications receiving a uniform allowance must be in compliance with the City/Police Department’s existing policies and procedures in regard to uniforms and safety requirements.

ARTICLE 25: SALARY SURVEY

A “Benchmark ” salary survey will commence six months prior to the expiration of the current contract (January 1, 2023). The group representatives will be included in the discussions of the cities and the benchmark classifications that will be utilized in the survey. The final survey documents will be reviewed and discussed with the group representatives and may be distributed to the members after finalization. Any future salary adjustments will be discussed as part the next negotiation process. (July 2017)

ARTICLE 26: EDUCATIONAL ACHIEVEMENT PAY

Beginning in September 2018, the City shall provide a one -time graduation stipend to non-probationary unit members as follows for possessing the corresponding, job -related degree, from an accredited college or university:
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Bachelor’s Degree: $2,000
OR
Master’s Degree: $3,000*

*or $1,000 upon attainment of a Master’s Degree when the unit member has previously received the one-time graduation stipend for a Bachelor’s Degree.

The City agrees that by September 30, 2018, the City will compensate all current unit members that hold job-related degrees, as indicated by the provisions outlined above, a one-time graduation stipend. Moving forward, educational achievement pay will be paid annually by September 30th of each year for those non -probationary unit members who obtain a degree, as outlined above, during the course of their employment with the City of Fontana. In order to be eligible to receive education pay in September, the degree must have been conferred to the unit member by August 1st of the same year. The unit will submit the appropriate documentation to the Human Resources Department in August of each year for those eligible members. In addition, beginning September 2018, unit members will no longer be eligible for the City ’s Educational Expense Reimbursement Program. (July 2017)

ARTICLE 27: EMPLOYMENT-RELATED UPDATES

During the term of the COU, a joint labor/management committee shall meet and confer on the City’s proposed changes to the Employer-Employee Relations Resolution, as well as proposed legally required updates to the City of Fontana Personnel Rules and Regulations. (July 2017)

ARTICLE 28: SEVERABILITY

If any article of this Agreement shall be found to be in conflict with any statute or regulation of the United States or State of California by an arbitrator at grievance or a court competent jurisdiction, such article or section shall be deemed to be null and void and of no further effect. However, such articles and sectio ns shall be severable from the remainder of this Agreement, and all other provisions hereof shall continue in full force and effect. A ruling at arbitration shall not have precedential effect and will be binding only as to the arbitration at issue. (July 2017)

ARTICLE 29: DIRECT DEPOSIT

Any and all payments outside of regular pay will be paid via direct deposit, unless specified otherwise.

ARTICLE 30: ONE TIME CASH PAYMENT

Effective January 26, 2022, each employee/classification in the COU group shall receive a one-time cash payment in the amount of 3.0% of the employee’s base salary paid via direct deposit.
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Ratified by City Council: Tentative Agreement on December 14, 2021, Closed Session Official Ratification on January 25, 2022, Consent Calendar

CITY OF FONTANA MANAGEMENT/CONFIDENTIAL GROUP

187

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JULY 1, 2021 – JUNE 30, 2023

APPENDIX “A”

Accounting Manager
Administrative Analyst II (Pos. #772 & #14)
Administrative Secretary
(IT) Application Programmer/Developer
Assistant Building Official
Assistant Internal Auditor
Budget Manager
Building Official
(IT) Business Analyst II
Communications & Marketing Manger
Community Improvement Program Mgr.

Community Services Manager
Community Services Supervisor
(IT) Database Administrator
Development Services Supervisor
Economic Development Analyst
Economic Development Manager
Engineering Manager
Environmental Control Supervisor
Executive Secretary to City Manager
Facilities Maintenance Supervisor
Finance Manager
Fleet Supervisor
(IT) GIS Administrator
Housing Development Manager
Human Resources Analyst
Human Resources Clerk
Human Resources Specialist
Human Resources Technician
(IT) Information Technology Manager
188

MANAGEMENT/CONFIDENTIAL GROUP
JULY 1, 2021 – JUNE 30, 2023

Management Analyst
(IT) Network /Security Administrator
Park Development Coordinator
Parks & Landscape Supervisor
Payroll Clerk
Payroll Coordinator
Payroll Technician
Planning Manager
Police Administrative Support Services Manager
Police Communications Supervisor
Police Dispatch Shift Supervisor
Police Records Supervisor
Police Supervising Property Control Clerk
Police Support Services Supervisor
Principal Civil Engineer
Public Information Coordinator
Public Works Inspection Supervisor
Public Works Manager
Purchasing Specialist
Purchasing Supervisor
Real Property Analyst
Records Coordinator
Resources Budget Officer
Senior Accountant
Senior Administrative Aide (Pos. #24043)
Senior Administrative Analyst
Senior Administrative Secretary
(IT) Senior Business Analyst
Senior Civil Engineer
Senior Civil Land Surveyor
Senior Engineer
189

MANAGEMENT/CONFIDENTIAL GROUP
JULY 1, 2021 – JUNE 30, 2023

Senior Human Resources Analyst
Senior Internal Auditor
Senior Planner
Senior Traffic Engineer
(IT) Software Development Supervisor
Strategic Transportation Engineering Manager
Supervising Accountant
Supervising Animal Services Officer
Supervising Building Inspector
Supervising Code Enforcement Inspector
Supervising Plans Examiner
Supervising Real Property Agent
Supervising Technical Engineer
Supervising Traffic Systems Specialist
(IT) Support Supervisor
(IT) Systems Administrator
(IT) Systems/Network Specialist
Transportation Engineering Manager
Utilities & Streets Supervisor

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1144 Agenda Date: 1/25/2022
Agenda #: O. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

A Resolution supporting the Our Neighborhood Voices (Brand-Huang-Mendoza Tripartisan Land Use) Initiative
RECOMMENDATION:

Adopt Resolution No. 2022-_______, to support the Our Neighborhood Voices Initiative.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community. · To create a team by supporting the decisions of the majority once made.

DISCUSSION:

The Our Neighborhood Voices Initiative would put a Constitutional Amendment on the Statewide November 2022 ballot to make zoning and land-use locally controlled. It would allow local land use and zoning laws an ability to override conflicting State laws. Initiative proponents argue that recent state laws do not adequately address housing costs and will create gentrification, displacement, traffic gridlock, environmental damage, higher taxes and sprawl.

Specifically, the proposed Initiative:
· Amends Article XI of the California Constitution.
· Prevents the State Legislature and local legislative bodies from passing laws invalidating voter approved local land-use or zoning initiatives.
· Prohibits State from changing, granting, or denying funding to local governments based on their implementation of this measure.
· Does not affect Fair Housing Laws or CEQA requirements. · Supersedes any previously enacted State laws (SB 9 & SB 10). · Transfers power for zoning and land use from Sacramento back to local agencies. · Exceptions for Coastal Act and large infrastructure projects.

By adopting the proposed Initiative, the City of Fontana will allow the Our Neighborhood Voices to use the City on their list of endorsements. Over 10 cities have passed resolutions supporting the initiative. Supporting this effort reinforces the City's stance on local control and is consistent with the City Council’s adopted legislative platform.

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File #: 21-1144 Agenda Date: 1/25/2022
Agenda #: O. Category: Consent Calendar
FISCAL IMPACT:

There is no direct fiscal impact associated with the receiving and filing of this report.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, EXPRESSING SUPPORT FOR THE “BRAND -HUANGMENDOZA TRIPARTISAN LAND USE INITIATIVE” TO AMEND ARTICLE XI OF THE CONSTITUTION OF THE

STATE OF CALIFORNIA TO MAKE ZONING AND LAND USE COMMUNITY AFFAIRS, AND NOT OF STATE INTEREST.

WHEREAS, the Legislature of the State of California in recent years has proposed, passed, and signed into law a number of bills addressing a range of land use planning and housing issues; and

WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose “one-size-fits-all” mandates that do not take into account the unique needs and differences of local jurisdictions throughout the State of California; and

WHEREAS, the majority of these bills do not provide any incentives or requirements for low-income affordable or moderate-income workforce housing, but instead impose new policies that will incentivize speculation and result in the addition of market-rate or luxury housing, thereby eliminating the opportunity for local jurisdictions to implement effective policies that will create more affordable housing and affirmatively further fair housing practices; and

WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond ministerial approval; what parking requirements are appropriate for various neighborhoods; what housing plans and programs are suitable and practical for each community; and what zoning should be allowed for residential properties, rather than having these decisions imposed upon cities without regard for the unique circumstances and needs of each individual community, is a matter of critical importance to the City of Fontana and many other municipalities focused on local zoning and housing issues; and

WHEREAS, the City Council of the City of Fontana hereby determines that local government entities are best able to assess and respond to the unique needs of their respective communities and hereby objects to the proliferation of State legislation (including SB 9 and SB 10) that would deprive us of that ability.

NOW, THEREFORE, THE CITY COUNCIL OF THE City of Fontana, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City Council of the City of Fontana is opposed to the legislature of the State of California continually proposing and adopting legislation that overrides the zoning and land use authority of local government and inhibits the ability of local 193
government to effectively plan for and implement policies to stimulate the efficient production of affordable housing in the City of Fontana.

SECTION 2. That the City Council of the City of Fontana supports the BrandHuang- Mendoza Tripartisan Land Use Initiative (Attached to the Resolution as Exhibit A) to ensure that zoning and land use authority rests with the local government entities that represent the communities in which the residents reside, and to allow local government to participate in solving our affordable housing crisis through solutions that effectively address the unique needs and conditions of each local community.

SECTION 3. That the City Council of the City of Fontana incorporates each recital set forth herein above.

The City Clerk of the City of Fontana shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 25th day of January 2022.

_____________________________________

ACQUANETTA WARREN, MAYOR OF FONTANA

ATTEST:

____________________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY

194
November 1, 2021
Initiative 21-0016

The Attorney General of California has prepared the following title and summary of the chief
purpose and points of the proposed measure:

PROVIDES THAT LOCAL LAND-USE AND ZONING LAWS OVERRIDE
CONFLICTING STATE LAWS. INITIATIVE CONSTITUTIONAL AMENDMENT.

Provides that city and county land-use and zoning laws (including local housing laws) override
all conflicting state laws, except in certain circumstances related to three areas of statewide
concern: (1) the California Coastal Act of 1976; (2) siting of power plants; or (3) development of
water, communication, or transportation infrastructure projects. Prevents state legislature and
local legislative bodies from passing laws invalidating voter-approved local land-use or zoning
initiatives. Prohibits state from changing, granting, or denying funding to local governments
based on their implementation of this measure. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: Fiscal effects of the
measure depend on future decisions by the cities and counties and therefore are unknown.
195

SECTION 1. The people of the State of California find and declare all of the following:

(a) The circumstances and environmental impacts of local land use decisions vary greatly
across the state from locality to locality.

(b) The infrastructure required to maintain appropriate levels of public services, including
police and fire services, parklands and public open spaces, transportation, water supply, schools, and sewers varies greatly across the state from locality to locality.

(c) Land use decisions made by local officials must balance development with public facilities and services while addressing the economic, environmental, and social needs of the
particular communities served by those local officials.

(d) Thus, it is in the best interests of the state and local communities for these complex decisions to be made at the local level to ensure that the specific, unique characteristics,
constraints, and needs of those communities are properly analyzed and addressed.

(e) Gentrification of housing adjacent to public transportation will reduce or eliminate the availability of low or very low income housing near public transit, resulting in the loss of access by low or very low income persons to public transit, declines in public transit ridership, and increases in vehicle miles travelled.

(f) The State Legislature cannot properly assess the impacts upon each community of sweeping
centralized and rigid state land use rules and zoning regulations that apply across the state
without regard to community impacts and, as a result, statewide land use and zoning will do
great harm to local communities with differing circumstances and concerns.

(g) Community development should not be controlled by state planners, but by local governments that know and can address the needs of, and the impacts upon, local communities.

Local initiatives approved by voters pertaining to land use and zoning restrictions should not be
nullified or superseded by the actions of any local or state legislative body.

(h) Numerous state laws that target communities for elimination of zoning standards have been
enacted, and continue to be proposed, that eliminate or erode local control over local 196
development and circumvent the California Environmental Quality Act (“CEQA”), creating the
potential for harmful environmental impacts to occur.

(i) The purpose of this measure is to ensure that all decisions regarding local land use controls,
including zoning law and regulations, are made by the affected communities in accordance with
applicable law, including but not limited to CEQA (Public Resources Code § 21000 et seq.), the
California Fair Employment and Housing Act (Government Code §§ 12900 – 12996), prohibitions against discrimination (Government Code § 65008), and affirmatively furthering
fair housing (Government Code § 8899.50). This constitutional amendment would continue to
provide for state control in the coastal zone, the siting of a power plant that can generate more
than 50 megawatts of electricity, or the development or construction of water, communication or
transportation infrastructure projects which the Legislature declares are matters of statewide
concern and are in the best interests of the state. For purposes of this measure, it is the intent that
a transportation infrastructure project shall not include a transit-oriented development project
that is residential, commercial, or mixed-use.

SECTION 2. Section 4.5 is added to Article XI of the California Constitution, to read:

SEC. 4.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute,
a county charter provision, general plan, specific plan, ordinance or a regulation adopted
pursuant to a county charter, that regulates the zoning, development or use of land within the
boundaries of an unincorporated area of the county shall be deemed a county affair within the
meaning of Section 4 and shall prevail over a conflicting state statute. No voter approved local
initiative that regulates the zoning, development or use of land within the boundaries of any
county shall be overturned or otherwise nullified by any legislative body.

(b) A county charter provision, general plan, specific plan, ordinance or a regulation adopted
and applicable to an unincorporated area within a county, may be determined only by a court of
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competent jurisdiction, in accordance with Section 4, to address either a matter of statewide
concern or a county affair if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined
that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why
the project addresses a matter of statewide concern and is in the best interests of the
state. For purposes of this paragraph, a transportation infrastructure project does not
include a transit-oriented development project, whether residential, commercial, or
mixed-use.

(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section.

No
benefit or preference in state appropriations or grants shall be given to an entity that opts not
to utilize the provisions of this section.

(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.

SECTION 3. Section 5.5 is added to Article XI of the California Constitution, to read:

SEC. 5.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a city charter provision, general plan, specific plan, ordinance or a regulation adopted
pursuant to a city charter, that establishes land use policies or regulates zoning or development
standards within the boundaries of the city shall be deemed a municipal affair within the meaning of Section 5 and shall prevail over a conflicting state statute. No voter approved local
initiative that regulates the zoning, development or use of land within the boundaries of any
city shall be overturned or otherwise nullified by any legislative body. 198

(b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted
pursuant to a city charter, may be determined only by a court of competent jurisdiction, in
accordance with Section 5, to address either a matter of statewide concern or a municipal affair
if that provision, ordinance, or regulation conflicts with a state statute with regard to only the
following:

(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined
that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why
the project addresses a matter of statewide concern and is in the best interests of the
state. For purposes of this paragraph, a transportation infrastructure project does not
include a transit-oriented development project, whether residential, commercial, or
mixed-use.
(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section.

No
benefit or preference in state appropriations or grants shall be given to an entity that opts not
to utilize the provisions of this section.

SECTION 4. Section 7 of Article XI of the California Constitution is amended to read:

SEC. 7. (a) A county or city may make and enforce within its limits all local, police, sanitary,
and other ordinances and regulations that are not, except as provided in subdivision (b), in
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conflict with general laws. A county or city may not supersede or otherwise interfere with any
voter approved local initiative pertaining to land use or zoning restrictions.

(b) A county or city general plan, specific plan, ordinance or regulation that regulates the zoning,
development or use of land within the boundaries of the county or city shall prevail over conflicting general laws, except for only the following:

(A) A coastal land use plan, ordinance or regulation that conflicts with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute.
(B) An ordinance or regulation that addresses the siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern.
(C) An ordinance or regulation that addresses the development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter
of statewide concern and is in the best interests of the state. For purposes of this subparagraph, a transportation infrastructure project does not include a transit- oriented development project, whether residential, commercial, or mixed-use.

(c) No modification to appropriations for state funded programs shall occur, and no state grant
applications or funding shall be denied as a result of the application of this section. No benefit or
preference in state appropriations or grants shall be given to an entity that opts not to utilize the
provisions of this section.
(d) The provisions of this subdivision are severable. If any provision of this subdivision or its
application is held invalid, that invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application. 200
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1096 Agenda Date: 1/25/2022
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Municipal Code Amendment (MCA) No. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and other environmental quality for warehouse (industrial commercial center) developments throughout the city.

RECOMMENDATION:

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. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and other environmental quality for warehouse (industrial commercial center) developments throughout the city, and the reading of the title constitutes the first thereof.

COUNCIL GOALS:
· To promote economic development by pursuing business retention, expansion and attraction. · To promote economic development by establishing a quick, consistent development process.

DISCUSSION:

Click or tap here to enter text. The City of Fontana currently regulates warehouse development in Specific Plans and Chapter 30 of the Zoning and Development Code. In addition to city requirements, warehouse development and operators are required comply with South Coast Air Quality Management District (SCAQMD), California Air Resources Board (CARB), and CALGreen requirements. Thus, the city, SCAQMD, CARB and CALGreen includes air quality improvement requirements and standards for warehouse developments and operators.

Background:

The City Council requested staff to research air quality improvement measures as it relates to warehouse development projects. The results of this research was presented at a September 14, 2021 joint Planning Commission and City Council workshop, which included the following:
• Summary of State and other agencies air quality improvement requirements currently implemented on warehouse projects.
• Routine conditions and air quality improvement measures implemented on warehouse projects beyond what the State and other agencies require.
• At the conclusion of the workshop City Council directed staff to prepare a new Ordinance, the “Industrial Commerce Centers Sustainability Standards Ordinance” that includes sustainability requirements for warehouse projects.

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File #: 21-1096 Agenda Date: 1/25/2022
Agenda #: A. Category: Public Hearing
The Planning Commission reviewed the entitlement as listed in this report at its meeting on December 21, 2021 and adopted Resolution PC No. 2021-050 to recommend approval to the City Council.

ENVIRONMENTAL FINDING:

This project is exempt per the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15061(B)(3) (the common-sense exemption) and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA, as implementation of this Ordinance is to reduce potential impacts to air and environmental quality. An Exemption Memorandum has been prepared for this project and included an attachment in the staff report.

ANALYSIS:

The City initiated Municipal Code Amendment (MCA) No. 21-001 (“Amendment’)to amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish sustainability standards for warehouses (industrial commerce centers) throughout the city that will include standardize requirements with the objective to reduce potential impacts to air and environmental quality.

Although the city currently implements air quality improvement and sustainable measures, the proposed Ordinance seeks to further improve air and environmental quality by the creating a new Article (Industrial Commerce Centers Sustainability Standards) in Chapter 9 of the Municipal Code.

This new section would include existing routine conditions and measures along with requiring new additional measures for warehouse (industrial commerce center) projects to reduce potential impacts to air and environmental quality.

Summary of Article V of Chapter 9. The following is a brief summary of the standards that shall apply to all warehouse developments in the City of Fontana (a detailed comprehensive list of all the requirements is located in the Ordinance, Attachment No. 1):

A. Solid screen buffering treatments and additional landscaping setbacks are required between loading docks and truck courts adjacent to sensitive receptors.

B. Trees shall be used as part of the solid screen buffering treatment.

C. Anti-idling signs are required to posted at warehouses to stipulate a 3-minute idling restriction.

D. Addresses orientation of trucking activities relative to sensitive receptors.

E. On-site stacking requirements.

F. Facility operators are required to establish and enforce a truck routing plan.

G. Signs and drive aisle pavement markings are required to clearly identify the on-site circulation pattern.

H. Signs are required to be in public view with contact information for a designated representative City of Fontana Printed on 1/20/2022Page 2 of 3
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File #: 21-1096 Agenda Date: 1/25/2022
Agenda #: A. Category: Public Hearing
H. Signs are required to be in public view with contact information for a designated representative of the building operator and SCAQMD to receive complaints about excessive dust, fumes, or odors on this site.

I. Alternative energy requirements.

J. Operational and construction requirements.

K. Property owner shall provide facility operator with information on incentive programs such as the Carl Moyer Program and Voucher Incentive Program and shall require all facility operators to enroll in the United States Environmental Protection Agency’sSmartWay Program and to use carriers that are SmartWay carriers.

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

1. City Council Ordinance

2. Planning Commission Staff Report with Attachments

3. Planning Commission Draft Minutes

4. Notice of Exemption Memorandum

5. Notice of Exemption

6. Public Hearing Notice
City of Fontana Printed on 1/20/2022Page 3 of 3
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ATTACHMENT NO. 1

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA AMENDING CHAPTER 9 OF THE

FONTANA MUNICIPAL CODE TO ADD ARTICLE V TO

ESTABLISH SUSTAINABI LITY STANDARDS FOR THE

REGULATION OF AIR AND ENVIRONMENTAL QUALITY

FOR THE DEVELOPMENT OF INDUSTRIAL COMMERCE
CENTERS.

THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, the City of Fontana (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on or about May 7, 2021, the governing board of the South Coast Air Quality Management District (“SCAQMD”) adopted Rule 2305, the Warehouse Indirect Source Rule (“Rule 2305”); and
WHEREAS, Rule 2305 requires warehouses greater than 100,000 square feet to directly reduce nitrogen oxide and diesel particulate matter emissions, or to otherwise facilitate emission and exposure reductions of these pollutants in n earby communities; and
WHEREAS, SCAQMD has also adopted Rule 402 prohibiting emissions that cause injury and/or annoyance to a substantial number of people, including odors; Rule 403 requiring dust control measures during construction; Rule 1113 requiring the use of low Volatile organic compounds (“VOC”) paints and coatings; Rule 1186 requiring use of SCAQMD certified street sweepers; and Rule 2202 requiring establishment of rideshare programs for facilities employing more than 250 employees; and WHEREAS, the California Air Resources Board (“CARB”) adopted Rule 2485 restricting diesel engine idling to five minutes or less; and WHEREAS, California Building Standards Commission adopted Part 11, Title 24 of the California Code of Regulations, known as CALGreen, which generally requires low energy use features, lo w water use features, all -electric vehicle (“EV”) parking spaces and charging facility accommodation, carpool/vanpool p arking spaces, and short -term and long-term bicycle parking facilities; and
WHEREAS, the City currently regulates industrial commerce center development in Specific Plan Areas, as well as pursuant to Chapter 30 of the Zoning and Development Code; and
WHEREAS, the City Council requested staff to research air quality improvement and other measures related to industrial commerce center development projects; and 204
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WHEREAS, on September 14, 2021, the results of the requested research were presented at a joint Planning Commission and City Council workshop; and WHEREAS, the City desires to impose air and other environmental quality improvement measures, and standardize the requirements concerning such improvement measures for all industrial commerce center developments; and WHEREAS, the City initiated Municipal Code Amendment ( MCA) No. 21 -001 amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish air and other environmental quality sustainability standards for warehouses (industrial commerce centers) throughout the city that will include standardize requirements with the objective to improve air and environmental quality; and
WHEREAS, on December 21, 2021, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Municipal Code Amendment (MCA) No. 21-001; and
WHEREAS, December 21, 2021, the Planning Commission approved Resolution No. PC 2021 -050 and recommended approval to City Council of Municipal Code Amendment (MCA) No. 21-001 and after carefully considering all information pertaining to the proposed project, including the staff report, and all the information, evid ence, and testimony presented at its public hearing on December 21, 2021; and WHEREAS, On January 25, 2022, the City Council held a duly noticed public hearing on Municipal Code Amendment (MCA) No. 21 -001, and the supporting documents in evidence, the City Council found that the Municipal Code Amendment is in conformance with General Plan and does not change any of the Land Use Designations of any properties and it is consistent with the General Plan and furthers Action B of Goal 3 in Chapter 12 to promote renewable energy programs for government, Fontana businesses, and Fontana residences; and
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

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

SECTION 1. The recitals above are true and correct and are fully incorporated herein.

SECTION 2. Current Article I is hereby renumbered as Article II and the title is amended to read as follows: “Hazardous Waste Management Plan.” SECTION 3. Current Article II is hereby renumbered as Article III.

SECTION 4. Current Article III is hereby renumbered as Article IV. 205
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SECTION 5. Article I is hereby amended to read as follows: “ This Chapter sets forth the requirements for environmental protection and resource extraction. The requirements of this Chapter are general in nature and apply to all of the articles, sections, and codes adopted by this Chapter.”
SECTION 6. Article V of Chapter 9 of the Fontana Municipal Code is hereby added to read as follows:

ARTICLE V. – Industrial Commerce Centers Sustainability Standards Sec. 9-70. – Applicability.

This Article is applicable to all Warehouse uses throughout the city, as defined in Section 30-12 of Chapter 30, Article 1, Division 4; and as listed as a type of “Warehousing Use” in Table No. 30 -530 and includes all warehouse uses in Specific Plans. The following sections shall supersede any existing requirements in the Muni cipal Code and Specific Plans.

Sec. 9-71. – Buffering and Screening / Adjacent uses.
(1) For any Warehouse larger than 50,000, a ten -foot-wide landscaping perimeter buffer shall be required when adjacent to any sensitive receptors. The perimeter buffer area shall include, at a minimum, a solid decorative wall(s) of at least ten feet in height and solid screen buffering trees, as described below. For any Warehouse building equal to or less than 50,000 square feet in size, a solid decorative wall(s) of at least ten feet in height shall be required when adjacent to any sensitive receptors.

Sensitive receptor shall be defined as any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, prisons, and dormitories.
(2) Trees shall be used as part of the solid screen buffering treatment. Trees used for this purpose shall be evergreen, drought tolerant, minimum 36- inch box, and shall be spaced at no greater than 40-feet on center. The property owner shall maintain these trees for the duration of ownership, ensuring any unhealthy or dead trees are replaced timely as needed. (3) If physically possible, l oading docks shall be oriented away from adjacent sensitive receptors.

Sec. 9-72. – Signage and Traffic Patterns.

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(1) Entry gates into the loading dock/truck court area shall be positioned at a minimum of 140 feet inside the property line. The stacking distance shall be increased by 70 feet for every 20 loading docks beyond 40 docks. Queuing, or circling of vehicles, on public streets immediately pre- or post-entry to an industrial commerce facility is strictly prohibited.

Applicants shall submit to the Engineering Department, and obtain approval of, all turning templates to verify truck turning movements at entrance and exit driveways and street intersection adjacent to industrial buildings prior to entitlement approval. Unless not physically possible, truck entries shall be located on Collector Streets (or streets of a higher commercial classification).

(2) Anti-idling signs indicating a 3-minute idling restriction shall be posted at industrial commerce facilities along entrances to the site and in the dock areas and shall be strictly enforced by the facility operator.

(3) Facility operators shall establish and enforce a truck routing plan to and from the State Highway System based on the City’s latest Truck Route Map. The plan shall describe the operational characteristics of the proposed use, including, but not limited to, hours of operations, numbers of employees, types of items to be stored within the building, and proposed truck routing to and from the facility to designated truck routes that avoids passi ng residential and educational uses, to the greatest extent physically possible. The plan shall include measures, such as signage and pavement markings, queuing analysis and enforcement, for preventing truck queuing, circling, stopping, and parking on pub lic streets. A speculative project for which no operator has been identified shall base its truck routing plan on an Institute of Transportation Engineers (11th Generation) designation of ITE Code 150.

(4) Signs and drive aisle pavement markings shall cle arly identify the on - site circulation pattern to minimize unnecessary on-site vehicular travel.

(5) Facility operators shall post signs in prominent locations inside and outside of the building indicating that off -site parking for any employee or operation related vehicle is strictly prohibited.

(6) Legible, durable, weather -proof signs shall be installed at all truck exit driveways directing truck drivers to the truck route and State Highway System.

on this site, as well as contact information for the SCAQMD’s on -line complaint system and its complaint call-line: 1-800-288-7664.

Sec. 9-73. – Alternative Energy.

(1) On-site motorized operational equipment shall be ZE (zero emission).

(2) All building roofs shall be solar -ready, which includes designing and constructing buildings in a manner that facilitates and optimizes the installation of a rooftop solar photovoltaic (PV) system at some point after the building has been constructed.

(3) On buildings over 400,000 square feet, rooftop solar panels shall be installed to cover at least 30% of the rooftop area or in such a manner that they will supply 100% of the power needed to operate all non - refrigerated portions of the building.
(4) Not less than 10% of all required passenger vehicle parking spaces shall be electric vehicle (EV) ready, with all necessary conduit and related appurtenances installed. Not less than 5% of all required passenger vehicle parking spaces shall be EV ready, with working charging stations installed and operational, prior to building occupancy. (5) Unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide chilled, cooled, or freezer warehouse space, a conduit shall be installed during construction of the building shell from the electrical room to 50% of the loading dock doors that have potential to serve the refrigerated space. When tenant improvement building permits are issued for any refrigerated warehouse space, electric plug-in units shall be installed at every dock door servicing the refrigerated space to allow transport refrigeration units to plug in.
(6) Bicycle racks are required per Section 30 -714 and in the amount required for wareho use uses by Table 30 -7124 of the Zoning and Development Code. The racks shall include electric plugs to charge electric bikes.

Sec. 9-74. – Operation and Construction.

(1) Cool surface treatments shall be added to drive aisles and parking areas or such areas shall be constructed with a solar-reflective cool pavement.

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(2) To ensure that warehouse electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the b uilding, or the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building.

(3) Use of low VOC paints shall be required.

(4) The facility operator shall incorporate a recycling program. (5) The following environmentally responsible practices shall be required during construction:
a. The applicant shall use reasonable best efforts, as determined by the Planning Director, to deploy the highest rated CARB Tier technology that is available at the time o f construction. Prior to permit issuance, the construction contractor shall submit an equipment list confirming equipment used is compliant with the highest CARB Tier at the time of construction. Equipment proposed for use that does not meet the highest CA RB Tier in effect at the time of construction, shall only be approved for use at the discretion of the Planning Director.
b. Use of electric-powered hand tools, forklifts, aerial lifts, materials lifts, hoists, pressure washers, plate compactors, and air compressors.
c. Designation of an area in any construction site where electric - powered construction vehicles and equipment can charge if the utility provider can provide temporary power for this purpose. d. Identification in site plans of a location for future elect ric truck charging stations and installation of a conduit to that location. (6) A Property Maintenance Program shall be submitted for review and approval by the Planning Director or his/her designee prior to the issuance of building permits. The program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physically condition, and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program.
(7) Property ow ner shall provide facility operator with information on incentive programs such as the Carl Moyer Program and Voucher Incentive Program and shall require all facility operators to enroll in the 209
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United States Environmental Protection Agency’s SmartWay Progr am and to use carriers that are SmartWay carriers.

SECTION 7. Based on the foregoing, the City Council determines that the project is categorically exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(B)(3) (the common -sense exemption) and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA , as implementation of this Ordinance is to improve the environment. The Council hereby directs staff to prepare, execute and file with the San Bernardino County Clerk a notice of exemption within five working days after the adoption of this Ordinance.

SECTION 8. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reas on 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, claus es or phrases be declared invalid or unconstitutional.

SECTION 9. This Ordinance shall take effect thirty (30) days after the date of its adoption.

SECTION 10. 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. The City Clerk is the custodian of records for this Ordinance and the records are available at 8353 Sierra Avenue, Fontana CA 92335.

APPROVED AND ADOPTED this 25th day of January 2022.

READ AND APPROVED AS TO LEGAL FORM:

__________________________________________
City Attorney

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 duly and regularly 210
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adopted by the City Council at a regular meeting on the 25th day of January, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

______________________________
City Clerk of the City of Fontana

_____________________________
Mayor of the City of Fontana

ATTEST:

______________________________
City Clerk
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Planning Commission Minutes December 21, 2021

Attachment No. 3

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PH- B Municipal Code Amendment (MCA) No. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and other environmental qualities for warehouse (industrial commerce center) developments throughout the city.

Vice Chair Sangha opened the Public Hearing Item.

Rina Leung, Senior Planner presented the staff report.

The commission and staff discussed the solar power requirement for this project.

The following individuals spoke in opposition of this project:

Bill Blankenship
Amparo Muñoz
Elizabeth Sena
Ana Gonzalez

The following individual spoke in favor of this project:

Andrea De Leon

The Public Hearing was closed.

The commission discussed owner’s property rights and how the Code Amendment is a good document that will serve as guidelines for future developments.

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution PC No. 2021-050 and forward a recommendation to the City Council to:

1. Determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15061(B)(3) (the common -sense exemption) and, alternatively, pursu ant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA; and,

2. Adopt an Ordinance approving Municipal Code Amendment (MCA) No. 21 - 001 to amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article for “Industrial Commerce Centers Sustainability Standards” for wa rehouses throughout the city as shown in the Attachment No. 1 as referenced herein.
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Planning Commission Minutes December 21, 2021

Attachment No. 3

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ACTION: Motion was made by Secretary Sanchez, seconded by Commissioner Gordon, and passed unanimously by a vote of 3 -0 to adopt the Resolution presented. The motion carried by the following vote:

Aye: Vice Chair Sangha, Secretary Sanchez, Commissioner Gordon

Absent: Chair Fort, Commissioner Thrasher

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City of Fontana

ATTACHMENT NO. 4

INDUSTRIAL COMMERCE

CENTERS

SUSTAINABILITY

STANDARDS ORDINANCE

California Environmental Quality Act (CEQA)
Sections 15061(B)(3), 15307, and 15308
Exemption Memorandum
MCA No. 21-001

City of Fontana
Planning Department

239

City of Fontana 1

INTRODUCTION

The City of Fontana, the Lead Agency, is initiating a Municipal Code Amendment No. 21- 001, which would amend Chapter 9 of the Municipal Code to add Article V to establish conditions, regulations, and standards to require sustainability measures for warehouse (industrial commerce center) developments throughout the city. The proposed Municipal Code Amendment is exempt from environmental review pursuant to State CEQA Guidelines Sections 15061(B)(3), 15307, and 15308, which are further described below.

PURPOSE OF NOTICE OF EXEMPTION
Article 19 of the California Environmental Quality Act (CEQA) Guidelines includes, as required by Public Resources Code Section 21084, a list of classes of projects which have been determined not to have a significant effect on the environment. This document demonstrates that the proposed project qualifies for a t least three independent CEQA Exemptions. Each exemption on its own would exempt the whole of the project from environmental review.

PROPOSED PROJECT
The City initiated Municipal Code Amendment ( MCA) No. 21-001 to amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish sustainability measures requirements for all industrial commercial center developments throughout the city.

The proposed Ordinance for Municipal Code Amendment ( MCA) No. 21 -001 includes additional sustainability requirements and standards that are intended to impose air and other environmental quality improvement measures, and standardize the requirements concerning such improvement measures with regard to warehouse (industrial commercial center) developments.

All discretionary processes remain in place with regard to Administrative Site Plan and Design Review in Article II of Chapter 30 and in the applicable Specific Plans throughout the City that allows for the establishment of appropriate conditions of approval and mitigation measures.

The following is the summary of the new Article that includes sustainability measures requirements for industrial commerce center developments:

Buffering and Screening / Adjacent uses.
(1) For any Warehouse larger than 50,000, a ten -foot-wide landscaping perimeter buffer shall be required when adjacent to any sensitive receptors. The perimeter buffer area shall include, at a minimum, a solid decorative wall(s) of at least ten feet in height and solid screen buffering 240

City of Fontana 2

trees, as described below. For any Warehouse building equal to or less than 50,000 square feet in size, a solid decorative wall(s) of at least ten feet in height shall be required when adjacent to any sensitive receptors.

Sensitive receptor shall be defined as any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, long term care facilities, retirement and nu rsing homes, prisons, and dormitories.
(2) Trees shall be used as part of the solid screen buffering treatment. Trees used for this purpose shall be evergreen, drought tolerant, minimum 36- inch box, and shall be spaced at no greater than 40-feet on center. The property owner shall maintain these trees for the duration of ownership, ensuring any unhealthy or dead trees are replaced timely as needed. (3) If physically possible, loading docks shall be oriented away from adjacent sensitive receptors.

Signage and Traffic Patterns.

(1) Entry gates into the loading dock/truck court area shall be positioned at a minimum of 140 feet inside the property line. The stacking distance shall be increased by 70 feet for every 20 loading docks beyond 40 docks. Queuing, or circlin g of vehicles, on public streets immediately pre- or post-entry to an industrial commerce facility is strictly prohibited.

Applicants shall submit to the Engineering Department, and obtain approval of, all turning templates to verify truck turning movement s at entrance and exit driveways and street intersection adjacent to industrial buildings prior to entitlement approval. Unless not physically possible, truck entries shall be located on Collector Streets (or streets of a higher commercial classification).

City of Fontana 3

extent physically possible. The plan shall includ e measures, such as signage and pavement markings, queuing analysis and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. A speculative project for which no operator has been identified shall base its truck rout ing plan on an Institute of Transportation Engineers (11th Generation) designation of ITE Code 150.

(4) Signs and drive aisle pavement markings shall clearly identify the on - site circulation pattern to minimize unnecessary on-site vehicular travel.

(6) Legible, durable, weather -proof signs shall be installed at all truck exit driveways directing truck drivers to the truck route and State Highway System.

(7) Signs shall be installed in public view with contact information for a local designated representative who works for the facility operator and who is designated to receive complaints about excessive dust, fumes, or odors on this site, as well as contact information for the SCAQMD’s on -line complaint system and its complaint call-line: 1-800-288-7664.

Alternative Energy.

(1) On-site motorized operational equipment shall be ZE (zero emission).

(2) All building roofs shall be solar -ready, which includes designing and constructing buildings in a manner that facilitates and optimizes the installation of a rooftop s olar photovoltaic (PV) system at some point after the building has been constructed.

City of Fontana 4

(5) Unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide chilled, cooled, or freezer warehouse space, a conduit shall be installed during construction of the building shell from the electrical room to 50% of the loading dock doors that have potential to serve the refrigerated space. When tenant improvement building permits are issued for any refrigerated warehouse space, electric plug-in units shall be installed at every dock door servicing the refrigerated space to allow transport refrigeration units to plug in.
(6) Bicycle racks are required per Section 30 -714 and in the amount required for warehouse uses by Table 30 -7124 of the Zoning and Development Code. The racks shall include electric plugs to charge electric bikes.

Operation and Construction.

(1) Cool surface treatments shall be added to drive aisles and parking areas or such areas shall be constructed with a solar-reflective cool pavement.

(2) To ensure that warehouse electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the bui lding, or the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building.

(3) Use of low VOC paints shall be required.

City of Fontana 5

b. Use of electric-powered hand tools, forklifts, aerial lifts, materials lifts, hoists, pressure washers, plate compactors, and air compressors.
c. Designation of an area in any construction site where electric - powered construction vehicles and equipment can charge if the utility provider can provide temporary power for this purpose. d. Identification in site plans of a location for future electri c truck charging stations and installation of a conduit to that location. (6) A Property Maintenance Program shall be submitted for review and approval by the Planning Director or his/her designee prior to the issuance of building permits. The program shall p rovide for the regular maintenance of building structures, landscaping, and paved surfaces in good physically condition, and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program.
(7) Property owne r shall provide facility operator with information on incentive programs such as the Carl Moyer Program and Voucher Incentive Program and shall require all facility operators to enroll in the United States Environmental Protection Agency’s SmartWay Program and to use carriers that are SmartWay carriers.

EXEMPTION EXPLANATION

The proposed City-initiated Municipal Code Amendment ( MCA) No. 21 -001 to amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish sustainability requirements for industrial commerce center developments throughout the City is a project as defined by Section 15378 of the CEQA Guidelines. As required by Section 15061(b) of the CEQA Guidelines, the City evaluated the proposal to determine if the project is exempt from CEQA. A project may be exempt if any one of the following criteria is met:

(1) The project is exempt by statute (see, e.g. Article 18, commencing with Section 15260).

There are no applicable statutory exemptions that would apply to the proposed project.

(2) The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.

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Section 15307 (Class - 7 Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Class 8 - Actions by Regulatory Agencies for Protection of the Environment) concerning actions taken to maintain, restore, or enhance a natural resource, and actions taken to e nsure the maintenance, restoration, enhancement, or protection of the environment , apply here as the proposed project would result in more restrictive development standards and operational requirements for industrial commerce center developments by requiring items such as : perimeter buffers comprised of walls and landscaping, additional vehicle cueing in dock area, signage, reduction of allowed idling times to three (3) minutes for trucks, truck routing plans, and additional alternative energy improvements. Alternative energy requirements include the following: ZE (zero emission) equipment, solar ready roofs, building over 400,000 square feet to install roof top solar, some passenger vehicle parking spaces shall incorporate electric charging stations, installation of conduit and electric plug -in units at dock doors to accommodate transport refrigeration units) to plug -in for refrigeration users, and bicycle racks to have electric plugs to charge bikes. For more detailed information, a comprehensive list is included in the previous section. Further no relaxation of current development requirements is proposed.

Although the installation of walls, landscaping, and solar panels, or other required sustainability features may involve minor additional activities, this work is ancillary in nature to , and will be installed with , the primary structure and other associated improvements. Also, the required sustainability measures; such as utilizing the highest rated CARB tiered technology equipment along will further reduce any potential installation impacts.

The implementation of alternative energy requirements for industrial commerce centers, as outlined in the Ordinance, will provide a renewable electric resource for development and reduce dependence on non -renewable electric resources. Further, t he new regulations as they relate to signage, parking, access, and onsite/offsite circulation would lessen potential emission and vehicle impacts relating to queuing and ensure that vehicles can reach arterial streets, truck routes, and freeways efficiently by traveling as few miles as possible while avoiding residential and educational uses.

The new queuing standards would help keep trucks from backing up onto public streets, and prohibit trucks from circling in public streets, which will reduce public safety issues and improve air quality.

Finally, requiring the installation of electric vehicle charging infrastructure will encourage and enable the use of electric vehicles, reducing Green House Gas emissions. Therefore, the sustainability requirements overall would impose grea ter limitations on industrial commercial centers development than exist today thus serving to maintain, restore, or enhance a natural resource, and to ensure the maintenance, restoration, enhancement, or protection of the environment.

(3) The activity is covered by the common-sense exemption in CEQA Guidelines Section 15061(b)(3), which provides that CEQA applies only to projects which have the potential 245

City of Fontana 7

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.

The proposed project Municipal Code Amendment (MCA) No. 21-001 to amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish sustainability measures requirements for industrial commerce centers developments throughout the City would overall impose greater limitations on industrial commerce center development than exist today, and will function to impose air and other environmental quality improvement measures, and standardize the requirements concerning such improvement measures as discussed in the above Section 2 discussion. This proposed Ordinance does not change building heights, floor area ratio requirements, or lighting requirements. However, it will include additional screening requirements, enhance landscaping by requiring larger trees, impose alternative energy requirements to improve environmental quality and reducing potential impacts. Further, all projects involving the construction of an industrial commerce center will continue to be subject to an Administrative Site Plan/Design Review, where a project -specific analysis based on location and project details will be conducted, subject to CEQA review/documentation. Therefore, all industrial commerce center projects will be subject to CEQA, standard Conditions of Approval, and all other State/Federal/Local requirements.

(4) The project will be rejected or disapproved by a public agency.

City staff is recommending approval of the proposed project.

(5) The project is exempt pursuant to the provisions of Article 12.5 of this Chapter.

The proposed industrial commerce center sustainability standards do not include any agricultural housing, affordable house, and residential infill components.

EXCEPTIONS FOR EXEMPTIONS

In addition to investigating the applicability of CEQA Guidelines, this CEQA document also assesses whether any of the exceptions to qualifying for the categorical exemption are present. The following analysis compares the criteria of CEQA Guidelines Section 15300.2 (Exceptions) to the project.

Criterion 15300.2(a): Location: Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

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City of Fontana 8

The City is not recommending finding the proposed Industrial Commerce Center Suitability Standards Ordinance project exempt under Classes 3, 4, 5, 6 or 11. Therefore, the exception under criterion 15300.2(a) is not applicable.

Criterion 15300.2(b): Cumulative Impact: All exemptions for these c lasses are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

As discussed previously, the project is for a Municipal Code Amendment (MCA) No. 21- 001 to amend Chapter 9 (Environmen tal Protection and Resource Extraction) of the Municipal Code to add a new Article to establish sustainability measures requirements for industrial commerce centers developments throughout the City is consistent with the General Plan and does not change any of the Land Use Designation of any properties.

Furthermore, the proposed project would result in more restrictive development standards and operational requirements for industrial commerce center developments by requi ring items such as: perimeter buffers comprised of walls and landscaping, additional vehicle cueing in dock area, signage, reduction of allowed idling times to three (3) minutes for trucks, truck routing plans, and additional alternative energy improvements. Each of these components, individually and cumulatively does not result in the possibility of creating significant to cumulative effects on the environment. As described in the above sections, construction of any industrial commerce center buildings wi ll be subject to discretionary planning entitlements with separate CEQA review and documentation. Therefore, the exception under CEQA Guidelines Section 15300.2 (b) does not apply to the project.

Criterion 15300.2(c): Significant Effects: A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

There are no known unusual circumstances that are applicable to the projec t that may result in a significant effect on the environment. The proposed project consists of Municipal Code Amendment ( MCA) No. 21 -001 to amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish sustainability measures requirements for industrial commerce centers developments throughout the City . The project is consistent with the General Plan and furthers Action B of Goal 3 in Chapter 12 to promote renewable energy programs for government, Fontana business es, and Fontana residences. Therefore, the exception under CEQA Guidelines Section 15300.2(c) does not apply to the project.

Criterion 15300.2(d): Scenic Highways: Scenic Highways: A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

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City of Fontana 9

The proposed project consists of Municipal Code Amendment ( MCA) No. 21 -001 to amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish sustainability measures requirements for industrial commerce centers developments throughout the City. The City of Fontana does not have any properties designated as a scenic highway corridor. Therefore, the exception under CEQA Guidelines Section 15300.2(d) does not apply to the project.

Criterion 15300.2(e): Hazardous Waste Sites: Hazardous Waste Sites: A categorical exemption shall not be used for a project located on a site which is included on any list complied pursuant to Section 65962.5 of the Government Code.

The project is for a Municipal Code Amendment (MCA) No. 21-001 to amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish sustainability measures requirements for industrial commerce centers developments throughout the City. As described in the above sections, all projects involving the construction of industrial commerce centers will continue to be subject to an Administrative Site Plan/Design Review, where a project -specific analysis based on location and project details will be conducte d and subject to a separate CEQA documentation that includes a review of Section 65962.5 of the Government Code . No project located on a site which is included on any list compiled pursuant to Section 65962.4 of the Government Code would be approved pursua nt to this Municipal Code Amendment. Therefore, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the project.

Criterion 15300.2(f): Historical Resources: A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resources.

Municipal Code Amendment ( MCA) No. 21 -001 to amend Chapter 9 (Environmental Protection and Resource Extrac tion) of the Municipal Code to add a new Article to establish sustainability measures requirements for industrial commerce centers developments throughout the City. As described in the above sections, all projects involving the construction of industrial commerce centers will continue to be subject to an Administrative Site Plan/Design Review, where a project -specific analysis based on location and project details will be conducted and subject to a separate CEQA documentation where a review of historical resources will be conducted. No project which may cause a substantial adverse change in the significance of historical resources would be approved pursuant to this Municipal Code Amendment. Therefore, the exception under CEQA Guidelines Section 15300.2(f) does not apply to the project.

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NOTICE OF EXEMPTION
PTO: 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 Amendm ent ( MCA) No. 2 1-001 to Establish Sustainability Standards to Improve Air and Environmental Quality for Warehouse (Industrial Commercial Center) Developments Throughout the City

2. Project Location - Specific: Citywide

3. (a) Project Location - City: Fontana
(b) Project Location - County: San Bernardino

4. Description of nature, purpose, and beneficiaries of Project: Municipal Code Amendment (MCA) to amend Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and environmental quality that includes buffering and screening requirements, regulations for signage, methods to improve traffic circulation, requirements for alternative en ergy, and improvements to operations and construction as it relates to (warehouse) industrial commercial center developments throughout the city.

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) __X__ Categorical Exemption. State type and class number Sections 15307 ( Actions by Regulatory Agencies for Pro tection of Natural Reso urces) and 15308 (Actions by Regulatory Agencies for Protection of the Envir onment) and Section No. 3.22 of the Local 2019 Guidelines for Implementing the CEQA.
(e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) __ X__ Other. Explanation: ___15061(B)(3) (the common-sense exemption)_________ Reason why project was e xempt: The Ordinance includes additional more restrictive standards for (warehouse) industrial commercial center developments to improve environmental quality and does not include the construction of any structures. All new projects involving construction of warehouses (industrial commercial center s) will continue to be subject to an Administrative Site Plan/Design Review, where a project -specific analysis based on location and project details will be con ducted, subject to CEQA re view/documentation. Therefore, all industrial commerce center projects will be subject to CEQA, standard Conditions of Approval, and all other State/Federal/Local requirements.

8. Contact Person: Rina Leung, Senior Planner Telephone: (909) 350-6566

Date Received for Filing: __________________________________ DiTanyon Johnson
Principal Planner
(Clerk Stamp Here) ATTACHMENT NO. 5 249

ATTACHMENT NO. 6

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 with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350 -7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ens ure accessibility to this meeting.

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

Municipal Code Amendment (MCA) No. 21-001 to Establish Sustainability Standards to Improve Air and Environmental Quality for (Warehouse) Industrial Commercial Center Developments Throughout the City

Municipal Code Amendment (MCA) No. 21-001 to amend Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and environmental quality that includes buffering and screening requirements, re gulations for signage, methods to improve traffic circulation, requirements for alternative energy, and improvements to operations and construction as it relates to (warehouse) industrial commercial center developments throughout the city.

Environmental
Determination: This project qualifies for a categorical exemption pursuant to the California Environmental Quality
Act (CEQA) Guidelines Section 15061(B)(3) (the
common-sense exemption) and, alternatively,
pursuant to CEQA Guidelines Section 15307
(Actions by Regulatory Agencies for Protection of
Natural Resources) and 15308 (Actions by
Regulatory Agencies for Protection of the
Environment), and Section No. 3.22 of the 2019
Local Guidelines for Implementing CEQA, as
implementation of this Ordinance is to improve the
environment.

Location of
Property:

Citywide

Date of
Hearing:

January 25, 2022

250

ATTACHMENT NO. 6
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335

Time of
Hearing:
7:00 pm
Should you have any questions concerning this project, please contact , Rina Leung, at (909) 350 -6566 or [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 ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.

IF YOU CHALLENGE IN COURT ANY A CTION 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:
¼ Page

251
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1113 Agenda Date: 1/25/2022
Agenda #: B. Category: Public Hearing
FROM:

Planning Department
SUBJECT: MCN. No. 21-032, ZCA No. 21-001, DA No. 21-003, TPM No. 20370 (TPM No. 21-006) CUP No. 21-004, CUP No. 21-005, CUP 21-006, DRP No. 21-010, DRS No. 21-018 for the Proposed Development of a New Commercial Shopping Center with an Anchor Grocery Store consisting of an Anchor Building and Various Outlying Building Pads Totaling Approximately 53,740 Square Feet of Building(s)..Title
RECOMMENDATION:

1. 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 Zone Change No. 21-001 for text and figure changes that include changing Planning Area 1 to Planning Area 3 within the Auto Overlay of the Zoning and Development Code on approximately 6.20 adjusted gross acres (APN: 0240-011-03, -05, -06, -35, -38, -41, -42, and -44), and amending Section 6403(a) to allow for a grocery store use, and the reading of the title constitutes the first thereof.

2. Adopt Resolution No. 2022-___ a Resolution of the City Council of the City of Fontana, adopting the initial study and Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.16 of the 2019 Local Guidelines for Implementing CEQA, approving Tentative Parcel Map No. 20370 (TPM No. 21-006) for consolidation of eight (8) parcels into five (5) parcels, approving Conditional Use Permit No. 21-004 for a Type 21 ABC license, approving Conditional Use Permit No. 21-005 and CUP No. 21-006 for drive-thru establishments, approving Design Review No. 21-010 for site and architectural review of a commercial shopping center with a grocery store and five (5) additional pads for a total building square footage of approximately 53,740 square feet and approving Design Review Sign No. 21-018 for a sign program to the Auto Center Overlay District on a 6.20 adjusted gross acre project site (APN: 0240-011-38, -41, -03, -05, -42, -06, -35 and -44) subject to the findings and conditions of approval.

COUNCIL GOALS:

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· To create a team by working together to provide stability and consistent policy direction. · To create a team by ensuring commissions work within clear guidelines to achieve Council goals.
· To promote economic development by concentrating on job creation. · To promote economic development by striving to constantly improve the city's competitiveness.

DISCUSSION:

This item was heard by the Planning Commission at the duly noticed public hearing on December 7th, 2021. After opening the public hearing on this item, the Planning Commission received a project report from staff and testimony from the applicant Ralph Tepish, and interested parties in the general public. The applicant spoke in favor of the project and requested support of the Planning Commission, one person from the public spoke in opposition to the project, and one person from the public spoke in favor of the project. The public hearing was closed and there was further discussion by the Planning Commission. The Planning Commission voted (4 - 1) to: Adopt Resolution PC No. 2021-048 thereby forwarding a recommendation to the City Council to adopt a resolution to; adopt a Mitigated Negative Declaration and a Mitigation Monitoring Program and direct staff to file a Notice of Determination; Adopt an ordinance approving Zoning Code Amendment No. 21-001 and Development Agreement No. 21-003, and adopt a resolution approving Tentative Parcel Map No. 20370 (TPM No. 21-006), approving Conditional Use Permit No. 21-004, approving Conditional Use Permit No. 21-005, approving Conditional Use Permit No. 21-006, approving Design Review No. 21- 010 and approving a Design Review for a Sign Program (DRS No. 21-018).

I. BACKGROUND INFORMATION:

A. Land Use Designations:

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II. PROJECT DESCRIPTION:

III. ANALYSIS:

The applicant, Sage Investco, has submitted applications for the proposed development of a new commercial shopping center with an anchor grocery store on an approximately 6.2 adjusted gross acre site. The site has a General Commercial land use designation on both the General Plan Land Use Map and Zoning District Map and is located within Planning Area 1 of the Auto Center Overlay district. The site is located on the northeast corner of Citrus Avenue and South Highland Avenue. The project, as proposed, will require the following approvals: Zoning Code Amendment to amend the Planning Area for the site from Planning Area 1 to Planning Area 3 of the Auto Center Overlay, a Tentative Parcel Map to consolidate eight (8) lots into one (1), a Development Agreement between the City of Fontana and the applicant, one (1) Conditional Use Permit for a Type 21 ABC License for the 40,100 square foot anchor tenant, two (2) Conditional Use Permits for the proposed drive-thru establishments, a Design Review for site and architectural review of the total site, and a Design Review Sign application for a sign program encompassing the project site.

Zoning Code Amendment No. 21-001:

The project site is zoned General Commercial (C-2) within Planning Area 1 of the Auto Center Overlay District.

Standards for the Auto Center Overlay are listed in Section 30-636 (Purpose and Intent) of Division 5 (Auto Center Overlay District) of the Fontana Zoning and Development Code. The Auto Center Overlay District is intended to reserve City of Fontana Printed on 1/19/2022Page 3 of 6
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certain specified properties for certain types of uses within each of the four planning areas.

The applicant is proposing to amend the Auto Center Overlay from the existing Planning Area 1 (reserved primarily for automobile retail sales, service, and related uses) to Planning Area 3 which permits for additional commercial uses such as drive thru restaurants and other supporting uses. All automobile related uses, including car sales dealerships, will continue to be permitted in Planning Area 3. The applicant is also requesting to amend Section 6403(a) to allow for a grocery store use.

City Council approval of a Zoning and Development Code Amendment (Amendment) is required for this proposal.

Specifically, this will require an amendment to, Figure 1 (Auto Center Overlay District Planning Area Boundaries Map) Section 30-639 of the Fontana Zoning and Development Code. If approved, Figure 1 will be amended to extend the boundary of Planning Area 3 to encompass the project site as shown in Attachment No. 6 and Section 6403(a) will be amended to allow for a grocery store use. Drive thru fast food restaurants are permitted with a Conditional Use Permit (CUP) application in Planning Area 3 of the Auto Overlay District. Additional proposed commercial retail uses are also permitted in PA3 either by right or with approval of a CUP application.

The General Plan land use designation of General Commercial (C-G) for the site allows for the development of retail, malls, wholesale, auto dealerships and offices that can serve the regional population. Therefore, Planning Area 3 will be consistent with the site.

Development Agreement No. 21-003:

A development agreement has been submitted for consideration by the City Council. As part of the overall project, staff and the Developer have worked together on an agreement with deal points that will provide for a public benefit for the City and residents.

Tentative Parcel Map No. 20370:

Tentative Parcel Map No. 20370 is a request to consolidate eight (8) parcels into one (1) parcel totaling approximately

6.20 adjusted gross acres for the purpose of developing a commercial shopping center. The lot, as proposed, will comply with all standards of the City’s Municipal Code including Chapter 26 (Subdivisions) and Chapter 30 (Zoning and Development Code). Three (3) proposed points of access are proposed along South Highland Avenue.

Conditional Use Permit No. 21-004:

The applicant has submitted an application for a Type 21 (Off-Sale General) ABC license for the proposed 40,100 square foot anchor grocery store. The ABC License authorizes the sale of beer, wine and distilled spirits for consumption of alcohol off the licensed premises where sold.

The subject site is located within Census Tract No. 23.01 and is bounded by Sierra Avenue to the east, Miller Avenue to the south, Citrus to the west and the 210 Freeway to the north. This area encompasses approximately 2.5 square miles of area. If approved, the proposed market within the Citrus Crossroads center will be the only off sales full service grocery store within the immediate vicinity of the project site. Therefore, staff supports the approval of the Conditional Use Permit to sell alcohol for offsite consumption. The appropriate findings were made.

Conditional Use Permit No. 21-005 and -006:

Drive-thru establishments are a conditionally permitted use within Planning Area 3 of the Auto Center Overlay. As City of Fontana Printed on 1/19/2022Page 4 of 6
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Drive-thru establishments are a conditionally permitted use within Planning Area 3 of the Auto Center Overlay. As proposed, the development will have two (2) drive-thru restaurants, anticipated as one (1) for a fast-food restaurant and a second for a proposed coffee shop with drive-thru services. The drive-thru services have been reviewed and meet the development standards as required in the Zoning and Development Code for parking, drive-thru stacking, driveway width, and all other standards as required by the Zoning and Development Code. Given the proximity to the freeway and well- designed site layout, the drive-thrus, if approved, will function correctly and will be successful uses.

Design Review No. 21-010:

As previously mentioned, the applicant is proposing a commercial shopping center called the “Citrus Crossroads” shopping center. If approved, the shopping center would have a total building square footage of approximately 53,354 square feet. The applicant has worked diligently with staff to incorporate site details that will beautify and enhance the overall aesthetics of the site. Some of the features include a modern architectural theme for the center, patios and drive entries, porte cocheres for the drive thru restaurants, a unique and well-designed water feature that will enhance the corner statement of Citrus Avenue and South Highland Avenue, additional landscaping, building lighting and signage that would provide a sense of place and act as a landmark for the prominent corner. The signage, as presented, is conceptual in nature and will require a Design Review Sign application for each building or suite.

The modern architecture theme selected for the shopping center is appropriate for the area and is consistent with surrounding uses, the design guidelines in the Development Code and more specifically the Auto Center Overlay. In addition, the proposed project is consistent with the goals and policies of the General Plan and applicable provisions of the zoning district, including Goal 5.3, Policy 5: (Community Design Element) stating that buildings “shall incorporate distinct and varied architectural details through varied rooflines, and detailed façade treatments”. Design characteristics include decorative cornices, wall sconces, veneer, stucco wall surface and decorative awnings.

Design Review Sign No. 21-018:

The applicant has proposed an amendment to the sign provision listed in the Overlay District under Section 644(3)a to permit the additional sign types listed under separate cover to identify and the project and businesses with the center. The proposed signs are designed to be compatible with a shopping center. The applicant has proposed one (1) freeway pylon sign, two (2) multi-tenant monument signs, one enhanced (1) corner statement which includes water features, and on-site directional signage. The signs are of a modern architectural theme that will enhance the overall contemporary look of the shopping center.

Environmental:

Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Guidelines and Section 6.04 of the City of Fontana’s2019 Local Guidelines for Implementing CEQA, 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 anticipated as a result of project implementation, with mitigation incorporated, and a Mitigated Negative Declaration has been prepared for the City Council’s consideration.

ATTACHMENTS:

1. Vicinity Map

2. Site Plan

3. PC Packet dated December 7th, 2021, and Minutes

4. City Council Ordinance for ZCA No. 21-001

5. City Council Ordinance for DA No. 21-003
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6. City Council Resolution for Tentative Parcel Map No. 20370 (TPM No. 21-006), Conditional Use Permit No. 21- 004, Conditional Use Permit No. 21-005, Conditional Use Permit No. 21-006, Design Review No. 21-010 and Design Review for a Sign Program (DRS No. 21-018).

7. Public Hearing Notice
UNDER SEPARATE COVER:

1. Reduced color plans

2. Initial Study (Environmental Checklist), Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program

3. Development Agreement

4. Proposed Sign Criteria for Planning Area 3
FISCAL IMPACT:

None
MOTION:

Approve staff recommendation
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ATTACHMENT NO. 1

VICINITY MAP

Date: January 25, 2022

CASE: Master Case No. 21-032

CITY OF FONTANA PLANNING DEPARTMENT
Project Site
210 Freeway
258
ATTACHMENT NO. 2

SITE PLAN

Date: January 25, 2022

CASE: Master Case No. 21-032

CITY OF FONTANA PLANNING DEPARTMENT
259
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1051 Agenda Date: 12/7/2021
Agenda #: PH-E Category: Public Hearing
FROM:

Planning
TITLE:

Master Case No. 21-032; Zone Code Amendment No. 21-001; Development Agreement No. 21-003; Tentative Parcel Map No. 20370 (TPM No. 21-006); 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 - To review the proposed development of a new commercial shopping center with an anchor grocery store on an approximately

6.2 adjusted gross acre site located within Planning Area 1 of the Auto Center Overlay.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2021-___; and, forward a recommendation to the City Council to:

1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program (MMRP) and direct staff to file a Notice of Determination; and,

2. Adopt an ordinance approving Zoning Code Amendment No. 21-001; and,

3. Adopt an ordinance approving Development Agreement No. 21-003; and,

4. Adopt a resolution approving Tentative Parcel Map No. 20370 (TPM No. 21-006), approving Conditional Use Permit No. 21-004, approving Conditional Use Permit No. 21-005, approving Conditional Use Permit No. 21-006, approving Design Review No. 21-010 and approving Sign Program (DRS No. 21-018).

APPLICANT:

Sage Investco
4340 Von Karman Avenue, Suite 110
Newport Beach, CA 92660
LOCATION:

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).

REQUEST:

A request to recommend approval to the City Council for:

1. Zone Change Amendment (ZCA) No. 21-001 is a proposal to amend text and boundaries within the Auto Center Overlay.

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2. Development Agreement (AGR) No. 21-003 is a proposal for a developer agreement between the Applicant and the City of Fontana.

3. Tentative Parcel Map (TPM) No. 20370 is a proposal to consolidate eight (8) parcels into one (1) parcel.

4. Conditional Use Permit (CUP) No. 21-004 is a proposal for a Type-21 ABC License to authorize the sale of beer, wine and distilled spirits for consumption off the premises where sold for to the 40,100 square foot anchor grocery store.

5. Conditional Use Permit (CUP) No. 21-005 is a proposal to develop a 2,400 square foot drive- thru establishment for food services.

6. Conditional Use Permit (CUP) No. 21-006 is a proposal to develop a 2,200 square foot coffee shop with drive-thru services.

7. Design Review Project (DRP) No. 21-010 is a proposal for site and architectural review of a commercial shopping center to include a grocery store of approximately 40,100 square feet, a future drive-thru restaurant of approximately 2,400 square feet, a coffee shop with drive-thru services of approximately 2,200 square feet and three (3) additional pads for future retail development totaling approximately 13,640 square feet.

8. Design Review Sign (DRS) No. 21-018 is a proposal to amend the sign program to the Auto Center Overlay within Planning Area 3
.

PROJECT PLANNER:

Paul Gonzales, Senior Planner
I. BACKGROUND INFORMATION:

Land Use Designations:

General Plan Zoning /Overlay Existing Land Use
Site: General Commercial (C-G) General Commercial (C-2) / Planning Area 1 of the Auto
Center Overlay
Vacant
North: Interstate 210 Freeway Interstate 210 Freeway Freeway South: General Commercial (C-G) General Commercial (C-2) / Planning Area 3 of the Auto
Center Overlay
Existing service
station/vacant
East: General Commercial (C-G) General Commercial (C-2) / Planning Area 1 of the Auto
Center Overlay
Existing auto dealership
West: General Commercial (C-G) General Commercial (C-2) Vacant II. PROJECT DESCRIPTION:

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III. ANALYSIS:

The applicant, Sage Investco, has submitted applications for the proposed development of a new commercial shopping center with an anchor grocery store on an approximately 6.2 adjusted gross acre site located within Planning Area 1 of the Auto Center Overlay. The site has a General Commercial land use designation for both the General Plan Land Use Map and Zoning District Map.

The site is located on the northeast corner of Citrus Avenue and South Highland Avenue. The project, as proposed, will require the following approvals: Zoning Code Amendment to amend the Planning Area for the site from Planning Area 1 to Planning Area 3 of the Auto Center Overlay, a Tentative Parcel Map to consolidate eight (8) lots into one (1), a Development Agreement between the City of Fontana and the applicant, one (1) Conditional Use Permit for a Type 21 ABC License for the 40,100 square foot anchor tenant, two (2) Conditional Use Permits for the proposed drive-thru establishments, a Design Review for site and architectural review of the total site, and a Design Review Sign application for a sign program encompassing the project site.

Zoning Code Amendment No. 21-001:

The project site is zoned General Commercial (C-2) within Planning Area 1 of the Auto Center Overlay District. Standards for the Auto Center Overlay are listed in Section 30-636 (Purpose and Intent) of Division 5 (Auto Center Overlay District) of the Fontana Zoning and Development Code.

The Auto Center Overlay District is intended to reserve certain specified properties for certain types of uses within the four planning areas.

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City approval of a Zoning and Development Code Amendment (Amendment) is required for this proposal. Specifically, this will require an amendment to, Figure 1 (Auto Center Overlay District Planning Area Boundaries Map) Section 30-639 of the Fontana Zoning and Development Code. If approved, Figure 1 will be amended to extend the boundary of Planning Area 3 to encompass the project site as shown in Attachment No. 6. Drive thru fast-food restaurants are permitted with a Conditional Use Permit (CUP) application in Planning Area 3 of the Auto Overlay District. Additional proposed commercial retail uses are also permitted in PA3 either by right or with approval of a CUP application.

Development Agreement No. 21-003:

A development agreement has been submitted for consideration by the City. As part of the overall project, staff and the Developer have worked together on an agreement with deal points that will provide for a public benefit for the City and residents.

Tentative Parcel Map No. 20370:

Tentative Parcel Map No. 20370 is a request to consolidate eight (8) parcels into one (1) parcel totaling approximately 6.20 adjusted gross acres for the purpose of developing a commercial shopping center. The lot, as proposed, will comply with all standards of the City’s Municipal Code including Chapter 26 (Subdivisions) and Chapter 30 (Zoning and Development Code). Three (3) proposed points of access are proposed along South Highland Avenue.

Conditional Use Permit No. 21-004:

Census Tract No: The subject site is located within Census Tract No. 23.01 and is bounded by Sierra Avenue to the east, Miller Avenue to the south, Citrus Avenue to the west and the 210 Freeway to the north. This area encompasses approximately 2.5 square miles of area. If approved, the proposed market within the Citrus Crossroads center will be the only off sales full service grocery store within the immediate vicinity of the project site. Therefore, staff supports the approval of the Conditional Use Permit to sell alcohol for offsite consumption. The appropriate findings were made (Attachment No. 7).

Conditional Use Permit No. 21-005 and -006:

Drive-thru establishments are a conditionally permitted use within Planning Area 3 of the Auto Center Overlay. As proposed, the development will have two (2) drive-thru restaurants: one (1) for a fast- food restaurant and a second for a proposed coffee shop with drive-thru services. The drive-thru services have been reviewed and meet the development standards as required in the Zoning and Development Code for parking, drive-thru stacking, driveway width, and all other standards as required by the Zoning and Development Code. Given the proximity to the freeway and well designed site layout, the drive-thrus, if approved, will function correctly.

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File #: 21-1051 Agenda Date: 12/7/2021
Agenda #: PH-E Category: Public Hearing
Design Review No. 21-010:

As previously mentioned the applicant is proposing a commercial shopping center called the “Citrus Crossroads” shopping center. If approved, the shopping center would have a total building square footage of approximately 53,354 square feet. The applicant has worked diligently with staff to incorporate site details that will beautify and enhance the overall aesthetics of the site. Some of the features include a modern architectural theme for the center, patios and drive entries, porte cochere’s for the drive thru restaurants, a unique and well-designed water feature that will enhance the corner statement of Citrus Avenue and South Highland Avenue, additional landscaping, building lighting and signage that would give the sense of place and act as a landmark for the prominent corner. The signage, as presented, is conceptual in nature and will require a Design Review Sign application for each building or suite.

Design Review Sign No. 21-018:

The applicant has proposed an amendment to the sign provision listed in the Overlay District under Section 644(3)a to permit the additional sign types listed under separate cover to identify and the project and businesses with the center. The proposed signs sere designed to be compatible with a shopping center. The applicant has proposed one (1) freeway pylon sign, two (2) multi-tenant monument signs, one enhanced (1) corner statement which includes water features, and on-site directional signage. The signs are of a modern architectural theme that will enhance the overall contemporary look of the shopping center.

Environmental:

Based on the information in the IS, no significant impact is anticipated as a result of project implementation, with mitigation incorporated, and a Mitigated Negative Declaration has been prepared for the Planning Commission’s consideration.

MOTION:

Approve staff’s recommendation
ATTACHMENTS:

1. Vicinity Map

2. Site Plan

3. Tentative Parcel Map

4. Elevations

5. Elevations
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File #: 21-1051 Agenda Date: 12/7/2021
Agenda #: PH-E Category: Public Hearing

6. Renderings

7. ABC Census Tract 23.01

8. Planning Commission Resolution, Findings and Conditions of Approval

9. Notice of Public Hearing

10. Notice of Determination
UNDER SEPARATE COVER:

1. Reduced color plans

2. Initial Study, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program

3. Development Agreement

4. Auto Center Overlay Amendments

5. Proposed Sign Criteria for Planning Area 3
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ATTACHMENT NO. 1

VICINITY MAP

Date: December 7, 2021

CASE: Master Case No. 21-032

CITY OF FONTANA PLANNING DEPARTMENT
Project Site
210 Freeway
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ATTACHMENT NO. 2

SITE PLAN

Date: December 7, 2021

CASE: Master Case No. 21-032

CITY OF FONTANA PLANNING DEPARTMENT
8 ATTACHMENT NO. 3
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ATTACHMENT NO. 3

Tentative Parcel
Map No. 20370

Date: December 7, 2021

CASE: Master Case No. 21-032

CITY OF FONTANA PLANNING DEPARTMENT
9 ATTACHMENT NO. 3
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ATTACHMENT NO. 4

ELEVATIONS

Date: December 7, 2021

CASE: Master Case No. 21-032

CITY OF FONTANA PLANNING DEPARTMENT
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ATTACHMENT NO. 5

ELEVATIONS

Date: December 7, 2021

CASE: Master Case No. 21-032

CITY OF FONTANA PLANNING

DEPARTMENT
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ATTACHMENT NO. 6

The northeast corner of South Highland and Citrus Avenue

Looking north from South Highland Avenue and Citrus Avenue

Looking from XXX?

RENDERING

Date: December 7, 2021

CASE: Master Case No. 21-032

CITY OF FONTANA PLANNING DEPARTMENT
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ATTACHMENT NO. 7

CENSUS TRACT

23.01 BOUNDARY

Date: December 7, 2021

CASE: Master Case No. 21-032

CITY OF FONTANA PLANNING DEPARTMENT
Project Site
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ATTACHMENT NO. 8

RESOLUTION NO. PC 2021-____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA RECOMMENDING THAT THE CITY COUNCIL APP ROVE A

RESOLUTION TO ADOPT THE INITIAL STUDY AND MITIGATED

NEGATIVE DECLARATION AND THE MIT IGATION MONITORING AND

REPORTING PROGRAM (MMRP) AND DIRECT STAFF TO FILE A

NOTICE OF DETERMINATION, ADOPT AN ORDI NANCE APPROVING
ZONING CODE AMENDMENT 21 -001 FOR TEXT AND FIG URE

CHANGES TO THE ZONING AND DEVELOPMEN T CODE, ADOPT A
RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 20370 FOR CONSOLIDATION OF EIGHT (8) LOTS INTO ONE (1) PARCEL, ADOPT AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT 21-
003 BETWEEN THE APPLICANT AND THE CITY OF FONTANA, ADOPT A RESOLUTION APPROVING CONDITIONAL USE PERMIT NO. 21-004 FOR A TYPE 21 ABC LICENSE, CONDITIONAL USE PERMIT NO. 21- 005 AND -006 FOR DRIVE-THRU ESTABLISHMENTS, DESIGN REVIEW 21-010 FOR SITE AND ARCHITECTURAL REVIEW OF A COMMERCIAL

SHOPPING CENTER WITH A GROCERY STORE AND FI VE OTHER

PADS FOR A TOTAL BUILDING SQUARE FOOTAGE OF
APPROXIMATELY 53,740 SQUARE FEET AND DESIGN REVIEW SIGN 21-018 FOR A SIGN PROGRAM TO THE AUTO CENTER OVERLAY ON A 6.20 ADJUSTED GROSS ACRE PROJECT SITE (APN: 0240-011-38, - 41, -03, -05, -42, -06, -35 and -44).

WHEREAS, the City of Fontana received an application on March 24, 2021, for a Zoning Code Amendment (ZCA No. 21 -001) to modify text and the boundaries of Planning Area 1 of the Auto Center Overlay, Tentative Parcel Map 20370 (TPM No. 21- 006) to combine eight (8) parcels totaling approximately 6.20 adjusted gross acres into one (1) parcel, a Conditional Use Permit (CUP 21 -004) for a Type 21 ABC License, Conditional Use Permits 21-005 and 006 for drive-thru establishments, a Design Review (DRP No. 21-010) application for site and architectural review of a proposed 53,740 square foot commercial center consisting of an anchor grocery store and five (5) other pads and Design Review Sign (DRS 21 -018) application for a sign program to the Auto Center Overlay.

Project Applicant: Ralph Deppisch
Sage Investco
4340 Von Karman Avenue, #110
Newport Beach, CA 92660

Project Location: 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)

Site Area: Approximately 6.2 adjusted gross acres

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Resolution No. PC 2021-_____

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Fontana City CouncilJanuary 25, 2022

Fontana City Council
January 25, 2022