Fontana City Council
July 12, 2022

Tuesday, July 12, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1896 Reso. No 2022-062
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda July 12, 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 Español disponible a peticion. Favor de notificar al Departamento "City Clerk".

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

CALL TO ORDER/ROLL CALL:

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

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

PROCLAMATION:

1. Mayor Warren and City Council to proclaim July as Parks and Recreation month (Acting Community Services Director Daniel Schneider to accept).
21-1518
SPECIAL PRESENTATIONS:

1. Mayor Warren and City Council to recognize Community Services Coordinator Tara Savage; Administrative Technician Christina Enriquez; Community Services Coordinator Andrew Solares, and Cable Television Operations Assistant Albert Sida as Community Services Department’s Employees of the Year (Acting Community Services Director Daniel Schneider to present).

2. Special Recognition of City Treasurer Janet Koehler-Brooks' Birthday (Mayor Warren to present).
21-1519

2 City Council Meeting Regular Agenda July 12, 2022
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 21-1526
Approve the minutes of the June 28, 2022, Special and Regular City Council Meeting.

Minutes - 06.28.22 Special City Council Meeting
Minutes - 06.28.22. Regular City Council Meeting
Attachments:

B. Adoption of Ordinance No. 1895 (Second Reading) 21-1498 Second Reading/ Adopt Ordinance No. 1895, an ordinance of the City of Fontana, California amending chapter 30, Article X, General Landscape Standards for the Fontana Municipal Code to establish water efficiency and other environmental standards for the regulation of environmental quality for citywide development.

Attachments: Attachment No. 1 City Council Ordinance
C. Adopt Resolution Terminating the Proclamation of Local Emergency Regarding Novel Corona Virus (COVID-19)
21-1433
Adopt Resolution No. 2022-062, Terminating the Proclamation of a Local Emergency regarding the Novel Coronavirus (“COVID-19”).

Fontana- Resolution - COVID-19 Emergency Proclamation
Termination-c1
Attachments:

D. A Resolution of the City Council of the City of Fontana, California, Authorizing Retirement Plan Contributions for Non-Pers City Council Members
21-1443
Adopt Resolution No. 2022-063, Authorizing Retirement Plan Contributions for

3 City Council Meeting Regular Agenda July 12, 2022
Non-PERS City Council Members.

CC Resolution for Non-PERS City Council Member Retirement Contributions-c1.

Attachments:

E. Adopt the Revised Job Descriptions for the Classifications of Customer Service Supervisor, Office Assistant, and Police Dispatcher I/II
21-1477
Adopt Resolution No. 2022-064, a resolution of the City Council of the City of Fontana adopting new and updated job descriptions for specific classifications throughout the City.

Attachments: Resolution for New and Revised Job Descriptions F. Approve a Resolution Adjusting the Development Impact Fees 21-1467 Approve Resolution No. 2022-065, Adjusting the Development Impact Fees.

Attachments: Fontana_ Resolution 2022 - Development Impact Fee Updated G. Approve the San Sevaine Trail Project Specific Maintenance Agreement with Caltrans
21-1495
Approve and Authorize the Mayor to execute the San Sevaine Trail Project Specific Maintenance Agreement (PSMA) between the City of Fontana and the California State Department of Transportation (Caltrans).

Attachments: Project Specific Maintenance Agreement
H. Approval of Final Maps for Tract No. 20297 and Tract No. 20349
21-1501
Approve the Final Maps for Tract No 20297 and Tract No. 20349 located west of Hemlock Avenue and north of South Highland Avenue; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

Tract 20297
Tract 20349
Vicinity Map
Bond & Agreement
Attachments:

I. Award a Construction Contract for the Citrus Avenue at Ceres Avenue Traffic Signal Project
21-1440

1. Award and authorize the City Manager to execute a construction contract with Dynalectric for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project in the amount of $650,088.00 and authorize a 10% contingency in the amount of $65,008.80 (Bid No. SB-71-DE-22).

4 City Council Meeting Regular Agenda July 12, 2022

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Citrus Avenue at Ceres Avenue Traffic Signal Project.

Vicinity Map
Bid Results
Dynalectric Bid Detail
Attachments:

J. Award a Construction Contract for the West Liberty Parkway at Miller Avenue Traffic Signal Project.
21-1482

1. Approve and authorize the City Manager to execute a construction contract with Crosstown Electrical and Data, Inc. for the construction of the West Liberty Parkway at Miller Avenue Traffic Signal Project in the amount of $519,383.00 and authorize a 10% contingency in the amount of $51,938.30 (Bid No.

DB-07-DE-22).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the West Liberty Parkway at Miller Avenue Traffic Signal Project.

Vicinity Map
Bid Results
Bid Detail
Attachments:

K. Award a Construction Contract for the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project.
21-1491

1. Award and authorize the City Manager to execute a construction contract with Gentry General Engineering Inc. for the construction of the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project in the amount of $883,050.00 and authorize a 10% contingency in the amount of $88,305.00 (Bid No. SB-89-DE-22).

2. Appropriate $35,000.00 from Local Measure I Fund No. 246 to the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project No. 3341.

3. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project.01111111111111123456789kdjvdjv1100 Vicinity Map
Bid Results
Bid Detail
Attachments:

L. CalHome Program Resolution Authorizing Submittal of
Application and Other Grant Related Documents
21-1496

5 City Council Meeting Regular Agenda July 12, 2022

1. Adopt Resolution No. 2022-066 authorizing the submittal of a $500,000 application to the California State Department of Housing and Community Development (HCD) for funding provided under the CalHome Program Notice of Available Funding (NOFA).

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt and execution of CalHome Program funds.

Attachments: CalHOME Resolution 2022 Rev
M. Contract with Sysco Corporation for produce, product supplies and delivery service for the Fontana Community Senior Center
21-1506
Authorize the Purchasing Office to “piggyback” the Sourcewell National Contract #111621-SYC for purchase of Food Service Products from Sysco Corporation and issue a purchasing contract.

Attachments: Sysco Corp. Contract 111621
N. A Request to make Departmental Name Changes 21-1524
Approve staff recommendation to make changes to certain department names as follows:
· Change Management Services Department to Finance Department · Change City Clerk Office to City Clerk Department
· Change Information Technology to Innovation and Technology · Change Code Enforcement to Code Compliance
· Eliminate Community Development
O. Expanded Learning Opportunities Program for Transitional Kindergarten Agreement between the City and Fontana Unified School District
21-1499

1. Approve the Expanded Learning Opportunities Program (ELO-P) for Transitional Kindergarten (TK) Agreement with the Fontana Unified School District.

2. Authorize the City Manager or designee to sign the Agreement, all related documents, and any amendments for the term of the Agreement, upon the Fontana Unified School District approval of theAgreement.

3. Approve an additional appropriation in the amount of $453,690.00 in Fund 387 for FY 2022-2023.

4. Approve additional new hires as follows: one (1) Community Services Coordinator, one (1) Administrative Technician, six (6) After School Community

6 City Council Meeting Regular Agenda July 12, 2022
Services Assistants (at levels I, II, and/or III, based upon candidates’ qualifications).

Approve Consent Calendar Items 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 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. Master Case No. 20-082: Specific Plan Amendment No.
21-003 - Comprehensive update to Southwest Industrial
Park Specific Plan (SWIP) Specific Plan; and change of
land use designation of certain properties within the SWIP from their current designation of Jurupa North Research and Development District (JND) to Slover West Industrial District (SWD) generally located south of Santa Ana
Avenue, between Mulberry Avenue and Cherry Avenue, and
north of Kaiser High School
21-1387
Read by title only and waive further reading of and introduce Ordinance No. 1896, an Ordinance of the City Council of the City of Fontana, approving Specific Plan Amendment No. 21-003 for a comprehensive update to the Southwest Industrial Park Specific Plan (SWIP) Specific Plan as shown in Attachment No. 1, and the reading of the title constitutes the first thereof.

Attachment No. 1 - Ordinance
Exhibit A of Ordinance
Exhibit B of Ordinance
Attachment No. 2 - Planning Commission Report of
03-15-2022
Attachment No. 3 - Planning Commission Minutes of
03-15-2022
Attachment No. 4 - Notice of Determination
Attachments:

7 City Council Meeting Regular Agenda July 12, 2022
B. Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code
Amendment No. 22-005 - Update to the Fontana Municipal
Code for amendments to Chapter 26 Subdivisions and
Chapter 30 Zoning and Development Code
21-1504
RECOMMENDATION:

Alternative 1: (a) Determine that the project is Categorically Exempt pursuant to Section No. 15061 (B)(3) (the “common sense” exemption), Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No. 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and
(b) Read by title only and waive further reading of and introduce Ordinance No. 1897, an Ordinance of the City Council of the City of Fontana with the recommendation of approval by Planning Commission, approving Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 - Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code with Planning Commission modifications, and the reading of the title constitutes the first thereof; Alternative 2: (a) Determine that the project is Categorically Exempt pursuant to Section No. 15061 (B)(3) (the “common sense” exemption), Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No. 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and
(b) Read by title only and waive further reading of and introduce Ordinance No. 1898, an Ordinance of the City Council of the City of Fontana that includes the original standards presented to Planning Commission approving Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 - Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code without the Planning Commission modifications, and the reading of the title constitutes the first thereof; or
Alternative 3: Continue the item and provide staff with an alternative direction on the proposed standards.

8 City Council Meeting Regular Agenda July 12, 2022
Attachment No 1 - Ordinance with Planning Commission
Modifications
Attachment No 2 - Ordinance Orginally Presented to
Planning Commission
Attachment No 3 - May 17, 2022 Planning Commission
Report
Attachment No 4 - May 17, 2022 Planning Commission
Minutes
Attachment No 5 - May 17, 2022 letter from Center for
Community Action and Environmental Justice
Attachment No 6 - June 21, 2022 Planning Commission
Report
Attachment No 7 - June 21, 2022 Planning Commission
Minutes
Attachment No 8 - Notice of Exemption
Attachment No 9 - Public Hearing Notice
Attachments:

C. Master Case No. 22-072, Municipal Code Amendment No. 22-006 - Request to approve an Ordinance Repealing
Sections 30-6 Through 30-11 of Division 3 of Article 1 of Chapter 30, Amending Chapter 30 Permitted Uses, And
Adding Chapter 33, “Cannabis Businesses And Activities” 21-1512
(a) Determine that the project is Categorically Exempt pursuant to Section No. 15061(B)(3) (the “common sense” exemption), Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No. 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and, (b) Read by title only and waive further reading of and introduce Ordinance No. 1899. an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 22-006 to amend Chapter 30 of the Fontana Municipal Code and add Chapter 33, “Cannabis Businesses and Activities”, and the reading of the title constitutes the first reading thereof.

Attachment 1 - Cannabis Business Ordinance
Attachment 2 - Cannabis Areas Map
Attachment 3 - Planning Commission Minutes 06-21-2022
Meeting
Attachment 4 - Public Hearing Notice
Attachment 5 - Public Comments from Planning Commission Meeting of 06-21-2022
Attachments:

NEW BUSINESS:

A. Issuance of Special Tax Bonds for CFD #106 (Mountainview) 21-1500 Adopt Resolution No. 2022-067, of the City Council of the City of Fontana

9 City Council Meeting Regular Agenda July 12, 2022
authorizing the issuance of City of Fontana Community Facilities District No. 106 (Mountainview) Special Tax Bonds, Series 2022, in an aggregate principal amount of not to exceed $8,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions.

Proposed Resolution
Indenture
Continuing Disclosure Agreement
Bond Purchase Agreement
Preliminary Official Statement
Appraisal Report
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
To the next Regular City Council Meeting on July 26, 2022 at 7:00 p.m. in the Grover W.

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

10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1518 Agenda Date: 7/12/2022
Agenda #: Category: Proclamation
Proclamations
Tuesday, July 12, 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 Page 1 of 2 Printed on 7/5/2022
powered by Legistar™ 11
File #: 21-1518 Agenda Date: 7/12/2022
Agenda #: Category: Proclamation
City of Fontana Page 2 of 2 Printed on 7/5/2022
powered by Legistar™ 12
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1519 Agenda Date: 7/12/2022
Agenda #: Category: Special Presentation
Special Presentations
Tuesday, July 12, 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 Page 1 of 1 Printed on 7/6/2022
powered by Legistar™ 13
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1526 Agenda Date: 7/12/2022
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the June 28, 2022, Special and 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 June 28, 2022, Special and Regular City Council meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/5/2022
powered by Legistar™ 14
Tuesday, June 28, 2022
3:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes

15 CALL TO ORDER/ROLL CALL:

A. 3:00 P.M. Call To Order/Roll Call:

The Special City Council meeting of the Fontana City Council met on Tuesday, June 28, 2022, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue Fontana, CA, 92335. The meeting was called to order at 3:00 p.m. with all members of the City Council present, with the exception of Mayor Warren.

Mayor Warren was excused from the meeting as the requirement for completion of the training was fulfilled on May 6, 2022.

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

PUBLIC COMMUNICATIONS:

A. Public Communications
There were no members of the public who wished to speak.

WORKSHOP:

A. Ethics Training

1. City Council Ethics Training (Presented by Best, Best, & Krieger) City Attorney Ruben Duran presented the presentation and answered questions of the City Council.

ADJOURNMENT:

A. Adjournment
The meeting adjourned at 5:00 p.m.
_____________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JULY 12, 2022.
____________________________
Germaine McClellan Key
City Clerk

16 Tuesday, June 28, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
City Council Meeting
Minutes

17 WORKSHOP:

A. 5:00 P.M. City Council Workshop
The Workshop for the Fontana City Council was held on Tuesday, June 28, 2022, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, CA, 92335.

Mayor Warren called the meeting to order at 5:08 p.m, with all members of the City Council were present.

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

The agenda was reviewed and no items were requested to be pulled by the City Council.

Additionally, City Manager Matt Ballantyne had no City Manager comments to share.

City Clerk McClellan Key noted for the record that there were no public communications received on the item.

City Attorney Ruben Duran presented the item as follows:

1. Comprehensive Municipal Code Update
City Attorney Duran presented the presentation and asked for City Council direction to staff.

Mayor Warren expressed her desire to ensure that the most outdated Chapters and Ordinances are addressed first and to ensure that staff review any State mandates that have since been implemented to ensure that we are consistent.

Mayor Pro Tem Garcia agreed with Mayor Warren and is concerned on moving forward with Option 3 and identifying the areas of most need as a priority.

City Attorney Duran provided a cost estimate to the Mayor and City Council based off a different City who has done such a project but outlining that this project will cost up-to $200,000.

Mayor Pro Tem Garcia asked for clarification on the time frame for completion based on the different options provided in the presentation.

Mayor Warren asked staff to look into the chapters that were approved in the early part of incorporation as things have changed.

City Manager Ballantyne clarified to the City Council that based off this discussion, City staff will do a proper analysis on the current Code and dates of approval to show the Council the extent of the project prior to moving forward.

The direction of the City Council is to move forward with Option 2, pending staff's analysis and understanding that the project will begin in the 2023 calendar year.

The Workshop adjourned at 5:32 p.m.

18 City Council Meeting Minutes June 28, 2022
CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held on Tuesday, June 28, 2022, in the Executive Conference Room at 8353 Sierra Avenue, Fontana, CA, 92335.

Mayor Warren called the meeting to order at 6:00 p.m., with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session
There were no public communications received on the following Closed Session items:

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Gov. Code section 54956.9(d)(1).)
Name of Case: Garcia-Medina v. City of Fontana, et al.

Case No. USDC CV21-01422 JGB (KK)

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Matt Ballantyne, City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Police Officers Association

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Matt Ballantyne, City Manager
Employee Organization(s): Non-Represented Executive Group 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 on Tuesday, June 28, 2022, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, CA, 92335.

Mayor Warren called the meeting to order at 7:03 p.m.

ROLL CALL:

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

ABSENT: None
City Clerk Germaine McClellan Key and City Treasurer Janet Koehler-Brooks were also in attendance.

INVOCATION/PLEDGE OF ALLEGIANCE:

19 City Council Meeting Minutes June 28, 2022
A. The invocation was led by Fontana Police Department Chaplain Victor Nolen, followed by the Pledge of Allegiance led by Mayor Pro Tem Garcia.

CLOSED SESSION ANNOUNCEMENT
City Attorney Duran stated that the Mayor and City Council met in Closed Session on the items listed on the agenda.

The following item discussed during Closed Session received direction from the Mayor and City Council to produce a stipulated settlement of $75,000:

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Gov. Code section 54956.9(d)(1).)
Name of Case: Garcia-Medina v. City of Fontana, et al.

Case No. USDC CV21-01422 JGB (KK)
The following item(s) discussed during Closed Session took no reportable action:

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Matt Ballantyne, City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Police Officers Association

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Matt Ballantyne, City Manager
Employee Organization(s): Non-Represented Executive Group SPECIAL PRESENTATIONS:

A. 21-1483

20 City Council Meeting Minutes June 28, 2022
Mayor Warren announced that San Bernardino County District 5 Supervisor Joe Baca was here to provide a brief presentation regarding a recent opportunity for the City of Fontana Veteran’s Park Improvements. Supervisor Baca presented a check in the amount of $530,000 from the County of San Bernardino Fifth District.

This presentation is apart of Consent Calendar Item 'I'.

Mayor Warren called for a recess at 7:11 p.m. due to technical difficulties within the Council Chambers.

Mayor Warren reconvened the meeting at 7:20 p.m.

1. Mayor Warren and City Council to recognize Officers Jon Gearhart and Toni Lozano as the Police Department’s May 2022 Employees of the Month (Captain Stover to present).

Mayor Warren and City Council, with the assistance of Police Captain Angela Stover, recognized Officers Gearhart and Lozano as the Police Department’s May 2022 Employees of the Month.

2. Mayor Warren to introduce and recognize Miss Fontana Giselle Aparicio and Teen Fontana Ava Trejo (Representative of the Miss Fontana Organization to present).

Miss Fontana Organization Executive Director Cesilee Arana provided Mayor Warren and City Council with a brief summary of the Organization, as well as announced the recently crowned Miss Fontana and Teen Fontana. The entire 2022 Court was in attendance.

3. Mayor Warren and City Council to recognize Council Member John Roberts' Birthday (Mayor Warren to present).

Mayor Warren and City Council sung Happy Birthday to Council Member Robert’s.

PUBLIC COMMUNICATIONS:

A. Public Communications
The following individuals spoke under public communications:

1. Marcopolo Anzora, representative of 31st Congressional District Pete Aguilar, introduced himself to the Mayor and City Council as a new point of contact to the City and Community.

2. Ray Lopez, asked the Mayor and City Council to review an Edison easement on Cherry Avenue near his neighborhood for improvements.

21 City Council Meeting Minutes June 28, 2022
CONSENT CALENDAR:

ACTION: Motion was moved by Council Member Cothran, seconded by Council Member Roberts, to approve the Consent Calendar Items ‘A-N’ as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None A. Approval of Minutes 21-1480
Approve the minutes of the June 14, 2022, Regular City Council Meeting.

B. Adoption of Ordinance No. 1893 (Second Reading) 21-1462 Second Reading/Adopt Ordinance No. 1893 levying special taxes within the City of Fontana Community Facilities District No. 109 (Narra Hills).

C. Adoption of Ordinance No. 1894 (Second Reading) 21-1463 Second Reading/Adopt Ordinance No. 1894, amending Chapter 2, Section 2-42, of the Fontana Municipal Code, regarding City Council electoral system.

D. Adopt a Resolution Approving the Updated Salary Tables for the Fontana Police Management Association (PMA) Bargaining Unit and the Executive Group
21-1386
Adopt Resolution No. 2022-053, a resolution of the City Council of the City of Fontana adopting the updated salary table for the Fontana Police Management Association Bargaining Unit and the Executive Group.

E. Annual Placement of Sewer Charges on the Property Tax Rolls 21-1400 Adopt Resolution No. 2022-054 of the City Council of the City of Fontana, California, directing the placement of sewer charges on the property tax bills for collection.

F. Annual Placement of Rubbish Charges on the Property Tax Rolls 21-1453 Adopt Resolution No. 2022-055 of the City Council of the City of Fontana, California, directing the placement of rubbish charges on the property tax bills for collection.

G. Annual Placement of Weed Abatement Charges on the Property Tax Rolls
21-1452
Adopt Resolution No. 2022-056 of the City Council of the City of Fontana, California, directing the placement of weed abatement charges on the property tax bills for collection.

H. Approve Task Orders for Inspection Services and Construction Management Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue
21-1446

1. Approve and authorize the City Manager to execute a Task Order in a not to exceed amount of $304,400.00 with Albert Webb and Associates for Inspection Services and any amendments for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue;

2. Approve and authorize the City Manager to execute a Task Order in a not to exceed amount of $492,548.00 with TKE Engineering Inc. and any amendments

22 City Council Meeting Minutes June 28, 2022
for Construction Management Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue.

I. Approval of a Contract Agreement with the County of San Bernardino to accept American Rescue Plan Act (ARPA) Funds in the amount of $3,125,000 for Improvements to Veterans Park, Jack Bulik Park, Cypress-Knopf Community Center, and Center Stage Theater
21-1478
It is recommended that the Mayor and City Council ratify and approve the agreements and accept funding from the County of San Bernardino in the amount of $3,125,000.

J. Authorize the Purchase of Varonis DatAdvantage Data Audit and Protection Software Solution
21-1378

1. Authorize the Purchasing Office to “Piggy-Back” on the National Association of State Procurement Officials (NASPO) Software VAR contract ADSPO16-130651 for the purchase of Varonis DatAdvantage Data Audit and Protection Software cybersecurity solution from SHI International;

2. Approve appropriation and allocate the amount of $157,926.68 from fund 302 as part of the City’s American Rescue Plan Act Expenditure Plan.

K. 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) 21-1445

1. Approve the Interlocal Agreement with the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, concerning distribution of the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $57,226;

2. Authorize the City Manager to sign the Interlocal Agreement on behalf of the City of Fontana for the 2017 Justice Assistance Grant and any other documents and/or amendments required to comply with this grant award;

3. Approve allocation of funds to purchase law enforcement equipment to assist in responding to or investigate crimes.

L. Police Department Monthly Information Update 21-1459 Accept the Police Department monthly information update for April 2022.

M. Police Department Monthly Information Update 21-1460 Accept the Police Department monthly information update for May 2022.

N. Adopt a Resolution Approving Updated Salary Tables for the Executive Group, Fontana Police Management Association, Fontana Police Benefit Association, Teamsters Local 1932 City Hall Unit, Teamsters Local 1932 Public Works Unit, and the Management/Confidential Group as Outlined in Current Labor 21-1475

23 City Council Meeting Minutes June 28, 2022
Agreements or Contracts.

Adopt Resolution No. 2022-057, a resolution of the City Council of the City of Fontana adopting the updated salary tables for the Executive Group, Fontana Police Management Association, Fontana Police Benefit Association, Teamsters Local 1932 City Hall Unit, Teamsters Local 1932 Public Works Unit, and the Management/Confidential Group for the Fiscal Year 2022/2023.

PUBLIC HEARINGS:

A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-1399
Mayor Warren opened the Public Hearing.

Accountant Lisa Conlon presented the staff report and answered questions of the City Council.

Mayor Warren closed the public hearing as there was no one who wished to speak on the item.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to approve Public Hearing Item '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 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. 2022-058 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, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
B. New User Fees for City Services 21-1424

24 City Council Meeting Minutes June 28, 2022
Mayor Warren opened the Public Hearing.

Accountant Justin Marietta provided the staff report and answered questions of the City Council.

Mayor Warren closed the Public Hearing as there was no one who wished to speak on the item.

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

Adopt Resolution No. 2022-059 a resolution adopting new planning and engineering fees.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
C. Zoning Code Amendment (ZCA) No. 22-003 for an amendment to Chapter 30, Article X, General Landscape Standards, of the Municipal Code to establish general landscape standards to improve water efficiency and other environmental quality citywide developments
21-1451

25 City Council Meeting Minutes June 28, 2022
Mayor Warren opened the Public Hearing.

Senior Engineer Shannon Casey provided the staff report and answered questions of the City Council.

Mayor Warren asked staff to confirm whether or not American Sweetgum Trees were included in this report. Staff confirmed that it was not.

Council Member Cothran asked for clarification on the attachment included in the staff report (page 11) regarding the residential district and different types of approved landscapes.

Mayor Warren closed the Public Hearing as there was no one who wished to speak on this item.

Prior to the motion being taken, City Attorney Duran announced to the City Council and the public that there was a memorandum placed on the dais by City staff amending the motion to be presented as follows:

1. On Page 46, "Olive Tree", add language to clarify that the tree be the fruitless variety of Olea Europaea.

2. On Page 72, "Index", remove Chinese Elm and Date Palm from the list of trees. These trees are not included in the proposed palette.

A copy of the memo will be included in the final record for the staff report, as well as available in the City Clerk's Office for public review.

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

Read by title only and waive further reading of and introduce Ordinance No. 1895, an ordinance of the City of Fontana, California amending chapter 30, Article X, General Landscape Standards for the Fontana Municipal Code to establish water efficiency and other environmental standards for the regulation of environmental quality for citywide development, and that the reading of the title constitutes the first reading thereof.

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

A. Annual Comprehensive Financial Report for Fiscal Year Ended June
30, 2021
21-1476

26 City Council Meeting Minutes June 28, 2022
Chief Financial Officer Jessica Brown and Jonathan Foster, Partner with Davis Farr, provided the staff report and answered questions of the City Council.

Mayor Warren inquired regarding one of the identified assets in the presentation.

Chief Financial Officer Brown commented that this item was apart of the Redevelopment Agency and the City acquired such property following the closure of the Agency.

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

Approve the City of Fontana's Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2021.

The motion carried by the following vote:AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
B. Adopt Resolution to update Mission Statement, Vision, and Goals for the City of Fontana
21-1481
Interim Deputy City Manager Ray Ebert provided the staff report and answered questions of the City Council.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5-0 to approve New Business Item 'B' as follows:

Adopt Resolution No. 2022-060, updating the Mission Statement, Vision, and Goals for the City of Fontana.

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

A. City Manager Communications
City Manager Ballantyne wished the community a safe Fourth of July and provided further clarification on the comments made under New Business Item A.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

27 City Council Meeting Minutes June 28, 2022
City Treasurer Koehler-Brooks wished Council Member Roberts a Happy Birthday; commented on recent community events; and thanked Chief Financial Officer Brown and the Management Services Department for all their hard work on the Comprehensive Financial Report.

City Clerk McClellan Key commented on recently attended community events; and provided a brief update on her 100-day plan that was submitted as apart of her appointment as City Clerk.

Mayor Pro Tem Garcia thanked District 5 County Supervisor Baca for his generous funding for the Veteran's Park Improvements; and wished the community a Happy Fourth of July.

Council Member Cothran spoke on recently attended community events; and wished the community a Happy Fourth of July.

Council Member Sandoval discussed the Veteran's Memorial Wall celebration that was done virtually due to the pandemic and inquired about the bricks laid at the memorial wall.

Mayor Warren interjected asking City Manager Ballantyne to see what the cost associated with the bricks laid at the memorial wall would entail and advised that dependant on the health state of the upcoming Veteran's Day, maybe staff can plan a in-person celebration at the wall.

Council Member Sandoval commented on his grandson's recent graduation in Texas and baseball game; asked staff to review the fireworks Ordinance to assist with providing the City Public Safety with additional support when dealing with illegal fireworks; and closed with wishing his wife, Mary, a Happy 40th Wedding Anniversary.

Council Member Roberts thanked everyone for the Happy Birthday wishes; announced the recent birth of grandson, Hudson James Roberts; wished Council Member Sandoval and his wife a Happy wedding anniversary; and wished the community a Happy Fourth of July.

Mayor Warren thanked District 5 County Supervisor Baca for his generous funding for the Veteran's Park Improvements, as well as District 2 County Supervisor Rutherford; talked about fireworks within Fontana; asked the community to report illegal fireworks to the Police Department this holiday; talked about recent discussion with restaurant owners and street vendors; commented on upcoming community events; and closed with congratulation Legislative Affairs Manager Robert Torres on the recent birth of his son.

ADJOURNMENT:

A. Adjournment

28 City Council Meeting Minutes June 28, 2022
Mayor Warren adjourned the meeting at 8:41 p.m. to the next Regular City Council Meeting on July 12, 2022 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_____________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE FONTANA CITY COUNCIL ON JULY 12, 2022.
____________________________
Germaine McClellan Key
City Clerk

29 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1498 Agenda Date: 7/12/2022
Agenda #: B. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adoption of Ordinance No. 1895 (Second Reading)
RECOMMENDATION:

Second Reading/ Adopt Ordinance No. 1895, an ordinance of the City of Fontana, California amending chapter 30, Article X, General Landscape Standards for the Fontana Municipal Code to establish water efficiency and other environmental standards for the regulation of environmental quality for citywide development.

COUNCIL GOALS:
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by reducing water use in city operations and in the community. · To preserve the local environment for generations to come and to create a healthy economic and environmental future through outreach to businesses and residents to promote energy efficiency in the community.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by creating communities and neighborhoods that are attractive, safe, and convenient for walkers and bicyclists.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by implementing sustainable landscaping and the use of recycled water.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by promoting programs that encourage reducing Green House gas emissions.

DISCUSSION:

Ordinance No. 1895 was introduced by a unanimous vote of 5-0 at the June 28, 2022, Regular City Council Meeting.

FISCAL IMPACT:

None
MOTION:

Approve staff recommendation
City of Fontana Page 1 of 2 Printed on 7/5/2022
powered by Legistar™ 30
File #: 21-1498 Agenda Date: 7/12/2022
Agenda #: B. Category: Consent Calendar
City of Fontana Page 2 of 2 Printed on 7/5/2022
powered by Legistar™ 31
ATTACHMENT NO. 1
ORDINANCE NO. 1895

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA AMENDING CHAPTER 30,

ARTICLE X, GENERAL LANDSCAPE STANDARDS OF

THE FONTANA MUNICIPAL CODE TO ESTABLISH

WATER EFFICENCY AND OTHER ENVIRONMENTAL

STANDARDS FOR THE REGULATION OF

ENVIRONMENTAL QUALITY FOR CITYWIDE
DEVELOPMENT.

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, in 2019, the City of Fontana completed and Urban Greening Landscape Plan including recommendations to address water efficiency, air quality, and regulatory consistency; and,
WHEREAS, the City of Fontana Urban Greening Landscape Plan included recommendations to update Chapter 30, Article X, General Landscape Standards; and, WHEREAS, the City currently regulates General Landscape Standards pursuant to Chapter 30, Article X, of the Zoning and Development Code; and WHEREAS, on April 26, 2022, the staff presented a workshop to the City Council updating the City Council on the status of the Urban Greening Landscape Plan and upcoming Zoning and Development Code amendment; and
WHEREAS, the City initiated Zoning Code Amendment (ZCA) No. 22-003 to amend Chapter 30, Article X, (Zoning and Development Code General Landscape Standards) of the Municipal Code to improve water efficiency, air and environmental quality, and regulatory consistency; and
WHEREAS, on May 17, 2022, 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 Zoning Code Amendment (ZCA) No. 22-003; and
WHEREAS, on May 17, 2022, the Planning Commission approved Resolution No.

PC 2022-013 and recommended approval to City Council of Zoning Code Amendment (ZCA) No. 22-003 and after carefully considering all information pertaining to the proposed project, including the staff report, and all the information, evidence, and testimony presented at its public hearing on May 17, 2022; and 32 -2-
WHEREAS, On June 28, 2022, the City Council held a duly noticed public hearing on Zoning Code Amendment (ZCA) No. 22-003, and the supporting documents in evidence, the City Council found that the Zoning 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 Strategies A, E, F, H, and L of Goal 3 in Chapter 7 to promote a healthy, drought resistant urban forest; and WHEREAS, a notice of the public hearing was published in the local Fontana Herald newspaper on Friday, June 17, 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 X is hereby reorganized and renumbered.

SECTION 3. Current Article X is hereby amended to include additional terms and definitions.

SECTION 4. Current Article X is hereby amended to include a City of Fontana Tree Palette by reference.

SECTION 5. Current Article X is hereby amended to include new water efficiency standards.

SECTION 6. Current Article X is hereby amended to include Low Impact Development (LID) standards.

SECTION 7. Current Article X is hereby amended to include standards to increase the City’s tree canopy coverage.

ZONING AND DEVELOPMENT CODE
CHAPTER NO. 30

TABLE OF CONTENTS
ARTICLE X. - GENERAL LANDSCAPE REQUIREMENTS
Section No. 30-664 - Purpose.

Section No. 30-665 - Definitions.

Section No. 30-666 - Reserved.

Section No. 30-667 - General landscaping requirements.

Section No. 30-668 - Low Impact Development.

Section No. 30-669 - Residential Districts.

Section No. 30-670 - Commercial Districts
Section No. 30-671 - Industrial Districts
33 -3-
Section No. 30-672 - Landscaping in Parks, Community Facility Districts, Rights-of-Way parkways and medians
Section No. 30-673 - Rehabilitated Landscapes
Section No. 30-674 - Reserved
ARTICLE X. - GENERAL LANDSCAPE REQUIREMENTS
Section No. 30-664 - Purpose.
(A) This article establishes requirements and design guidelines for landscape development within the City. The requirements are intended to:
• Encourage harmonious landscape design;
• Ensure that all landscape development is responsive to the physical characteristics and nature of the site and its surrounding environment; and • Ensure that the landscape incorporates water-efficiency standard design. (1) Plans and specifications required. The following are required:
a. Landscape grading and drainage plan
b. Planting plan
c. Irrigation plan
d. Water Efficiency Landscape Worksheet
e. Specifications and details
New landscaping of 500 square feet or more or rehabilitated (remove and replace) landscaping of 2,500 square feet or more require an application for plan check from the City of Fontana.

Landscape improvements per approved plans and specifications shall be completed and a final landscape inspection shall be completed prior to the issuance of the Certificate of Occupancy.

The Certificate of Occupancy may be permitted by the Planning Director or his/her designee on a case-by-case basis prior to final landscape inspection approval.

Section No. 30.665- Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning
:

Decorative hardscape shall mean materials used to enhance the landscape area which includes but are not limited to material such as cobble, rock, decomposed granite in combination with binding material, brickwork, gravel, pavers, water features, stamped concrete.
34 -4-
Drip Irrigation means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of the plants. Drip irrigation is considered a form of subsurface irrigation.

Established Landscape means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

Hardscape means any durable material (pervious and non-pervious). See “Decorative Hardscape” above.

Hydrozone means a portion of the landscaped area having plants with similar watering needs and rooting depth.

Impervious means any surface or material that does not allow the passage of water through the material and into the underlying soil.

Invasive Plant Species means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources.

Invasive species may be regulated by county agricultural agencies as noxious species.

Lists of invasive plants are maintained at the California Invasive Plant Inventory and the United Stated Department of Agriculture (USDA) invasive and noxious weeds database.

Landscape Area means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance Calculation (as defined in FCC 28-93). The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, or other pervious or non-pervious hardscapes or other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

Landscape Documentation Package means the documents required under FCC section 28-95 and FCC section 30-664 (a-e).

Landscape setbacks means the required distance between a property line and a structure or parking lot.

Line-of-Site means a straight line along which an observer has unobstructed vision.

Low Impact Development means a stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small scale hydrologic controls to more closely mimic pre-development hydrologic functions. 35 -5-
New Construction means for a new building with a landscape or other new landscape such as a park, parkway, parkway median, playground, or greenbelt without an associated building.

Open Space means any parcel, or part thereof, area of land designated or reserved for public or private use or enjoyment. An active open space contains recreational facilities such as swimming areas, courts, play equipment, game areas, playing fields and equipment required for recreational activities.

Overhead Irrigation means systems that deliver water through the air (e.g. sprinklers, pop-up heads, and rotors).

Overspray means the irrigation which is delivered beyond the target area.

Pervious means any surface or material that allows the passage of water through the material and into the underlying soil.

Rehabilitated Landscape means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of FCC Section 28-92, and the modified landscape area is equal to or greater than 2,500 square feet.

Sight Distance means the length of the roadway ahead that is visible to the roadway user per the American Association of State Highway and Transportation Official’s (AASHTO) “A policy of geometric design of highways and streets” or as provided by this chapter.

Sight Triangle means the specified areas along intersection approach legs and across their included corners per AASHTO “A policy of geometric design of highways and streets,” or as provided by this chapter. These areas shall be clear of obstructions that may block a driver’s view of potentially conflicting vehicles.

Sensitive Receptor means 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.

Special Landscape Area (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

Turf means a groundcover surface of mowed grass. Turf includes, but is not limited to, Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue and Tall fescue are cool season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St.

Augustinegrass, Zoysiagrass, and Buffalo grass are warm season grasses. 36 -6-
Water Efficient Landscape Ordinance means the local ordinance adopted by the City of Fontana as Ordinance No. 1743, FCC Article IV, Chapter 28, regarding landscaping and water conservation.

Section No. 30-666 – Reserved
Section No. 30-667 - General landscaping requirements.
(a) The following requirements and standards apply to all landscape areas:
(1) Summer and winter landscape design. Landscaping and building architecture shall be designed to provide shade in the summer and allow sunlight in the winter.
(2) Scenic open space. Scenic open space adjacent to a project or to a street shall be integrated into the landscape concept.
(3) Design. Landscaped areas shall be used to frame, soften and enhance the quality of the environment to buffer buildings from noise or undesirable views and to break-up large expanses of parking. Trees, shrubs, and groundcovers shall be utilized in all planting areas. Crime Prevention Through Environmental Design (CPTED) standards shall be considered. (a) Landscaping shall be used alone or in conjunction with other features (e.g., open space buffer, topography) to reduce potential visual, light and glare conflicts.
(b) Landscaping shall be provided pursuant to the City's most current adopted standard specifications, which are available from the Engineering Department.
(c) All proposed trees shall be selected from the adopted City of Fontana Urban Greening Tree Palette available from the Planning Division and shall meet these minimum container and trunk caliper sizes:
(i) Fifteen (15) Gallon: One-inch (1”) Caliper trunk
(ii) Twenty-four-inch (24”) Box: One and one-half-inch (1-1/2”) Caliper trunk
(iii) Thirty-six-inch (36”) Box: Two and one-half-inch (2-1/2”) Caliper trunk (iv)If the caliper size cannot be met at the container size, then the container size shall be increased to meet the required caliper. (d) Open spaces shall provide visual, harmonious and functional landscape design and access connection to the primary building entry. 37 -7-
(e) Slope areas. All slopes greater than four to one (25 percent) shall be landscaped.
(i) Groundcovers at 12 inches on center maximum, and one tree minimum of fifteen-gallon size trees with a minimum one-inch caliper trunk per each 300 square feet minimum of slope surface, and one shrub per 50 square feet of slope surface shall be provided. Hydro-seeding is permitted.

Residential slopes in rear and side yards that are not over four-feet tall with a 4:1 slope are not required to be landscaped.
(ii) Slopes greater than 25% shall not be irrigated with an irrigations system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur.

Prevention of the runoff and erosion must be confirmed during the irrigation audit.
(v) Control management plan slopes. All slopes equal to or greater than two to one (2:1) shall require an erosion control management plan. The plan shall address soil stabilization, erosion control, drainage, irrigation system design and plant materials and the maintenance thereof.

Slopes greater than two to one (2:1) are not allowed unless otherwise approved by the city.
(f) Turf. Other than in Special Landscape Areas turf shall not exceed more than 35-percent (35%) of the total landscaped area, unless specified elsewhere in this article, and shall be valved separately in its own hydrozone. Turf shall be separated from walls, fences, and/or structures by a minimum five-foot (5’) wide, fully landscaped planter(s) where allowed, and by a minimum three-foot wide (3’), fully landscaped planter(s) unless otherwise approved by the Planning Director.
(g) Artificial Turf. Artificial turf may be used provided it meets the following minimum specifications:
i. Pile Height: 1.5 inches
ii. Gauge: 5/8 inch
iii. Stitch Rate: 20/10 cm
iv. Face Weight:52 oz.

The above standards may be modified with approval of the Planning Director.
(h) Irrigation
38 -8-
(i) Automatic Irrigation system. All landscaped areas shall be provided with a subsurface and/or drip automatic irrigation system capable of complete coverage of the landscaped areas (head-to-head coverage). Water conservation techniques shall be incorporated into the design of the irrigation system and shall be designed to minimize run-off and other wasting of water. Projects are encouraged to incorporate reclaimed water (where available) and/or on-site capture and reuse systems.
(ii) In areas where allowed, overhead irrigation (sprinklers, pop-up heads, rotors) shall have matched precipitation. Nozzles will be spaced at 50 percent of their diameter assuring 100 percent coverage. Sprinklers, rotors, and other overhead irrigation shall be installed a minimum of 24-inches from any impermeable surface unless the impermeable surface drains directly and completely to another landscaped area. Overhead irrigation is not allowed in planter areas less than 10-feet wide.
(iii) Water velocity through pipe shall not exceed 6.2 feet per second. (iv) Backflow preventer. Backflow protection per local code shall be required on all irrigation systems, which are supplied by a potable water system.
(v) Turf and shrub areas shall be valved separately.
(vi) For residential developments where applicable, the main line shall be stubbed out and capped three feet (3’) beyond side yard fence with three control wires minimum and one common wire from irrigation controller. They shall be installed in a round, six-inch (6”) valve box
(i) Asphalt paving and/or turf shall not abut buildings, structures, walls or fences unless otherwise approved by the Director of Planning. (j) Concrete curbing of six inches (6”) minimum height shall be constructed to contain all landscape areas that abut to asphalt paving, except where decorative walls are provided. Curb cuts/openings shall be incorporated in the concrete curbing at locations that allow stormwater to drain to landscape areas.
(k) Invasive or destructive species. Invasive plant species as defined by county agricultural agencies as noxious species are prohibited. In addition, Plant material known to have invasive or destructive root systems shall be 39 -9-
avoided. Similarly, plants known to have messy and/or staining fruit and/or brittle limbs shall also be avoided., Lists of invasive plants are maintained at the California Invasive Plant Inventory and the United Stated Department of Agriculture (USDA) invasive and noxious weeds database. (l) Native species encouraged. Native drought-tolerant plant material shall be given preference.
(m) Root barriers. Root barriers shall be installed when trees are located within six feet (6’) of sidewalks, curbs, foundations, utility boxes or structures, and/or walls.
(n) Street trees. All new developments shall provide street trees spaced oncenter at a distance equal to the species mature canopy size. Each tree shall have a minimum size of 24-inch box size with a minimum one and one-half-inch caliper trunk. Tree species shall conform to the City of Fontana Urban Greening Tree Palette established by the Development Services Organization.
(o) Maintenance. In accordance with Fontana Municipal Code Section 24- 108, all landscaped and paved areas shall be maintained in a neat and orderly condition with healthy landscaping free of weeds and litter.

Additionally, Irrigation systems shall be maintained in a fully operational condition. All paved areas, walls and fences in landscaped areas shall be in good repair without broken parts, holes, potholes, or litter, etc. (p) Sight Distance.
(i) Sight Distance shall be provided and maintained. Objects, such as plants, elevation changes, monument walls, garden and retaining walls and the terrain itself, shall not exceed 30 inches above the roadway and shall not interfere or obstruct the Line-of-Sight. (ii) Sufficient right-of-way shall be dedicated to providing for all primary and secondary landscaped entry statements (including trees) with consideration to Sight Distance and maintain Line-of-Sight. (III) Trees shall not be planted within the Sight Triangle. The plans shall show topographical information, shrub and tree species size and location, and also show the location of the irrigation controller and meter/backflow device.
(iv) It is the responsibility of the adjacent property owner to maintain the intersection site distance and line-of-site landscaping in good physical condition and appearance.
40 -10-
(q) All new developments providing landscaping shall conform to the Fontana Municipal Code, which pertains to water efficient landscape. (Landscape and Water Conservation Ordinance Fontana Municipal Code:

Ch. 28, Article IV, Sections 28-91 through 28-115, FMC). (r) Adjacent to open space and/or high fire hazard areas. Adjacent to identified high fire hazard areas and natural open spaces, two zones shall be established to protect structures from fire hazard. Unless an alternate Fire Protection Plan is approved by the City of Fontana Fire Agency the zones shall be as follows:
i. Zone 1 shall extend 25 to 50 feet from the building pad footprint, driveways and similar surfaces and shall be planted with fire resistant vegetation. (strikeout and added language by Planning
Commission on May 17, 2022)
ii. Zone 2 shall extend up to 100 feet from Zone 1. Fire resistant species are preferred, but native species may be maintained if the covering is thinned.
(4) Existing tree preservation.
(a) Existing tree preservation shall be subject to the provisions of Fontana Municipal Code Chapter 28, Article III, Preservation of Heritage, Significant, and Specimen Trees.

Section No. 30-668 -. Low Impact Development.
(a) A minimum of two (2) of the following Low Impact Development standards shall be incorporated into all new development projects or rehabilitated landscaping to the maximum extent practical and shall be shown on all landscape plans:
(1) Curb cutouts to allow stormwater to drain to landscape areas (landscape areas shall be planted at two inches (2”) below grade, including the required mulch layer);
(2) Precast permeable concrete in parking stalls, pedestrian paths, and above surface drainage (v-ditches);
(3) Tree Preservation;
(4) Vegetated swales, buffers, and strips;
(5) Bioretention and rain gutters;
(6) Roof Leader Disconnection from storm drain systems to landscape areas (landscape areas shall be planted at two inches (2”) below grade, including the required mulch layer);
(7) Rain Barrels and Cisterns for capture and reuse; and, 41 -11-
(8) Other Low Impact Development standards may be approved subject to approval by the Planning Director.
(b) All Low Impact Development standards used shall be consistent with any project specific Water Quality Management Plan.
(c) All landscaping and grading plans shall be consistent with the associated Low Impact Development standards.

Section No. 30-669 Residential Districts.
(a) General. In addition to the General Landscaping Requirements in Section 30- 667, The following requirements shall apply except for Walkable Mixed-Use Districts:
(1) Single Family, and Residential Planned Unit Development Districts. i. Required landscape. Landscaping shall be provided by the developer in all required front yards, side yards, and on corner lots including street parkway areas.
ii. No more than 50 percent of the required front yard setback area may be covered by non-decorative hardscape features (e.g., concrete, asphalt, gravel, driveways, sidewalks, porches, etc.) Of the remaining 50 percent, no more than 25 percent may be covered by decorative hardscape features (e.g., brick, stone, fountains, ponds, etc.) and no more than 35 percent (35%) shall be covered by turf. If the original driveway exceeds 50 percent of the required front yard setback, no additional hardscape shall be permitted. iii. An automatic irrigation system shall be required for the front yard and side yard landscape area(s) including adjacent street parkways. Grouted cobble or other decorative hardscape may be permitted on corner lot side yards subject to approval of the Planning Director.
iv. Plant size and numbers. All required landscaping materials shall not be less than the following quantities and sizes:

1. Required trees. Not less than two 15-gallon trees with a minimum one-inch (1”) caliper trunk or larger shall be
provided for each residential lot. Additionally, not less than one 24-inch box tree shall be located within the adjacent 42 -12-
street parkway. The two front yard trees shall be placed to maximize shade to the adjacent sidewalk and to provide
shade to the house to increase energy efficiency in the summer. Corner lots will require additional street trees for each 30 linear feet of side yard.

2. Required shrubs. Not less than one shrub shall be required for each nine square feet of planter area. Shrub sizes shall vary, with not less than 50 percent being a minimum of fivegallon in size and planted at a spacing equal to 80% of the maximum growth rate for each species as noted in
the Sunset Western Garden Book. (strikeout and added
language by Planning Commission on May 17, 2022)

3. Lawns. Any proposed lawn areas of turf shall be sodded and shall not exceed 35 percent (35%) of the total landscape area per Section 30-669 (1) (ii).

4. Groundcover. Groundcover shall be planted in such a way to result in substantial coverage of the area within one year of initial planting. To achieve this, groundcover shall be planted at a spacing equal to 80% of the maximum growth rate for each species as noted in the Sunset Western Garden Book v. Walls. Walls visible from the public right-of-way shall be constructed with decorative materials such as slump stone, split face or other decorative block as determined by the Planning Director. Any walls within a residential zone continuous for more than 50 feet along a collector or an arterial (as defined in the circulation element of the general plan) public street shall have a minimum ten-foot landscaped setback from the street right-of-way line. The ten-foot landscaped setback shall include 24-inch box evergreen trees with a minimum one and one-half-inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size, groundcover, and the decorative hardscape as determined by the Planning Director or his/her designee. Any solid masonry wall within 15 feet of a front or side property line shall be screened with any suitable combination of shrubs, trees, vines, or ornamental groundcovers to the satisfaction of the Planning Director or his/her designee.

1. Block walls located on side yards for corner lots shall be located a minimum five feet (5’) from the street right-of-way 43 -13-
and shall maintain a minimum five feet (5’) between the wall and dwelling unit. The five-foot (5’) area between the wall and street right-of-way shall be landscaped and irrigated in accordance with this Article.
(2) Medium Density Residential Districts
i. Required landscape. Landscaping shall be provided by the developer in front yards, side yards, and on corner side yards including street parkway areas.
ii. An automatic irrigation system shall be required for the front and side yard and corner side yard landscape area(s) including adjacent street parkways unless corner side yards are entirely of decorative hardscape.
iii. Trees. One tree minimum for each 300 square feet of required yard area, including front yards, side yards, rear yards and common open space. Each tree shall have a minimum size of 24-inch box with a minimum one and one-half-inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size. Of the required trees, 20 percent shall be a minimum 36-inch box with a minimum two and one half-inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size or larger. City may require larger box trees at the discretion of the City Planning Director/City Engineer or his/her designee.

1. Street trees. All new developments shall provide at least one tree of not less than 36-inch box size with a minimum two and two and one-half-inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size or for each 30 linear feet of street frontage, whichever is lessor. In parkways of inadequate width, existing street furniture, or driveways, the required street tree(s) shall be planted in the abutting yard area.
iv. Shrubs. Three shrubs for each tree. Shrub sizes shall vary 50 percent five-gallon and 50 percent one-gallon.
v. Groundcover. Groundcover shall be planted 12 inches on center so that coverage is achieved within one year of initial planting. vi. Screening of exterior equipment. All mechanical equipment, ground mounted equipment, utilities, and storage, shall be screened from adjoining properties and public rights-of-way by a visual barrier such as a decorative wall, fence, or landscape 44 -14-
material to the satisfaction of the Planning Director or his/her designee. Where only landscaping is used for screening, it shall be planted with shrubs of sufficient size and density and spaced to provide a continuous dense screen.
vii. Parking areas. Where a parking lot is provided in medium density residential developments, all common parking areas shall be designed and landscaped to break up a large single paved area and shall include predominantly fast-growing trees to create summer shade. All trees shall be no less than 24-inch box in size with a minimum one and one-half-inch caliper trunk. In addition, the following parking lot landscape standards shall be
implemented:

1. Screening. Parking areas shall be screened from
streets through combinations of mounding if such mounding is in compliance with the approved Water Quality Management Plan (WQMP), landscaping, low profile walls and grade
separations.

2. Perimeter planter. A landscaped planter at least five feet wide, excluding overhang, curb and walkways, shall be provided wherever a parking facility adjoins a side or rear property line.

3. Landscape protection. All landscaping shall be
protected by concrete curbs of at least six inches in height.

Finger and end of aisle planters on the parking space side shall have a decorative 18-inch-wide concrete surface measured from the face of curb. curb face to curb face with a minimum four-foot-wide planting area. Finger aisle planters and end of aisle planters shall be a minimum of seven feet wide. (strikeout and added language by Planning Commission on May 17,
2022)

4. End of aisles. All parking areas shall provide a
landscaped planter of a minimum width of five feet at the ends of all parking aisles with an additional decorative 18-inch-wide concrete surface to allow access to the parked vehicle. All planting areas shall have round corners instead of 90-degree corners and be shaped to permit vehicle turn movements.

5. Trees required. One tree shall be provided for each
four parking stalls. Trees may be of a species that provides visibility to signage and storefronts.
45 -15-

6. Parking area setbacks. Consistent with general plan
goals to provide attractive streetscapes, parking areas shall be setback from the public right-of-way as specified in Tables No. 30-464 A-C. The setback area shall be landscaped as required by the landscaping provisions of this article.

7. Alternate design. An alternate parking lot planter
design may be approved if it exceeds the minimum criteria as specified herein, or otherwise meets the satisfaction of the City Planning Director and City Engineer or his/her designee. viii. An alternate landscape plan design may be approved by Planning Director or his/her designee if the resulting mature tree canopy coverage will be equal to or greater than the above standard. (Added language by Planning Commission
on May 17, 2022)
ix. Walls. Walls visible from the public right-of-way shall be constructed with decorative materials such as slump stone, split face or other decorative block as determined by the Planning Director or his/her designee. Any walls within a residential zone continuous for more than 50 feet along a collector or an arterial (as defined in the circulation element of the general plan) public street shall have a minimum ten-foot landscaped setback from the street right-of-way line. The ten-foot landscaped setback shall include 24-inch box trees with a minimum one and one-half-inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size, groundcover, and the decorative hardscape as determined by the Planning Director or his/her designee. Any solid masonry wall within 15 feet of a front or side property line shall be screened with any suitable combination of shrubs, trees, vines, or ornamental groundcovers to the satisfaction of the Planning Director/City Engineer or his/her designee.
a. Block walls located on side yards for corner lots shall be located a minimum five feet from the street right-of-way and shall maintain a minimum five feet between the wall and dwelling unit. The five-foot area between the wall and street right-of-way shall be landscaped and irrigated in accordance with this Article.

(3) Multi-Family Residential Districts
i. Required landscape. A minimum of 15 percent of the total site area, not including building footprint area, shall be landscaped to 46 -16-
the satisfaction of the Planning Director/City Engineer or his/her designee. The percentage of landscape area shall be stated on the landscape plans. Landscaping shall be provided by the developer in all required front, side, and on corner setback areas including street parkways, and private and common open space areas, as required by the community development department.

1. Setback areas.

1. Front yard.
a. Setback areas designed with entrance stoops,
or porches, shall contain a private landscape
area with a 36 square-foot or larger open space
area and one 24-inch box tree.
ii. An automatic irrigation system shall be required for all landscape area(s).
iii. Trees. One tree minimum for each 300 square feet of required landscape area, including front, side, and rear setback areas and common open space shall be provided. Each tree shall have a minimum size of 24-inch box with a minimum one and one-half-inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size. Of the total required trees, 20 percent shall be 36-inch box with a minimum two and one-half-inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size or larger.

City may require larger box trees at the discretion of the City Planning Director/City Engineer or his/her designee.

1. Street trees. All new developments shall provide not less than one tree of not less than 36-inch box size with a
minimum two-and one-half inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size along the street frontage. In parkways of inadequate width, the
required street tree(s) shall be planted in the abutting yard area.
iv. Shrubs. Three shrubs for each tree Not less than 50 percent of shrubs shall be five-gallon in size.
v. Groundcover. Groundcover shall be planted 12 inches on center so that coverage is achieved within one year of initial planting. vi. Common area open space. Lawn areas of sodded turf shall not exceed 35 percent of the landscaped area except if it is part of an open play area as a required amenity. All other common area open space shall be landscaped in accordance with the General 47 -17-
Landscape requirements of this chapter (FCC Section No. 30- 667).
vii. Screening of exterior equipment. All mechanical equipment, ground mounted equipment, utilities, and storage, shall be screened from adjoining properties and public rights-of-way by a visual barrier such as a decorative wall, fence, or landscape material to the satisfaction of the Planning Director/City Engineer or his/her designee. Where only landscaping is used for screening, it shall be planted with shrubs of sufficient size and density and spaced to provide a continuous dense screen. viii. Parking areas. All common parking areas in multi-family projects shall be designed and landscaped to break up a large single paved area and shall include predominantly fast-growing trees to create summer shade. All trees shall be a minimum of two 24-inch box size trees with a minimum one and one-half-inch caliper trunk. In addition, the following parking lot landscape standards shall be implemented:

1. Screening. Parking areas shall be screened from streets through combinations of mounding if such mounding is in compliance with the approved Water Quality Management Plan (WQMP), landscaping, low profile walls and grade separations.

2. Perimeter planter. A landscaped planter at least five feet wide, excluding overhang, curb and walkways, shall be provided wherever a parking facility adjoins a side or rear property line.

3. Landscape protection. All landscaping shall be protected by concrete curbs of at least six inches in height. Finger and end of aisle planters on the parking space side shall have a decorative 18-inch-wide concrete surface measured from the face of curb curb face to curb face and have a minimum four-foot-wide planting area. Finger aisle planters, and end of aisle planters shall be a minimum of seven feet wide (strikeout and added language by Planning Commission on May 17, 2022)

4. End of aisles. All parking areas shall provide a landscaped planter of a minimum width of five feet at the ends of all parking aisles with an additional decorative 18-inch-wide concrete surface to allow access to the parked vehicle. All planting areas shall have round corners instead of 90-degree corners and be shaped to permit vehicle turn movements.
48 -18-

5. Trees required. One tree shall be provided for each four parking stalls. Trees may be of a species that provides visibility to signage and storefronts.

6. Parking area setbacks. Consistent with general plan goals to provide attractive streetscapes, parking areas shall be setback from the public right-of-way as specified in Tables No. 30-464 AC. The setback area shall be landscaped as required by the landscaping provisions of this article.

7. Alternate design. An alternate parking lot planter design may be approved if it exceeds the minimum criteria as specified herein, or otherwise meets the satisfaction of the City Director of Community Development/City Engineer or his/her designee. ix. An alternate landscape plan design may be approved by Planning Director or his/her designee if the resulting mature tree canopy coverage will be equal to or greater than the above standard. (Added language by Planning Commission
on May 17, 2022)
x. Walls. Walls visible from the public right-of-way shall be constructed with decorative materials such as slump stone, split face or other decorative block as determined by the Planning Director. Any walls within a residential zone continuous for more than 50 feet along a collector or an arterial (as defined in the circulation element of the general plan) public street shall have a minimum ten-foot landscaped setback from the street right-of-way line. The ten-foot landscaped setback shall include 24-inch box evergreen trees with a minimum one and one-half inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size, groundcover, and the decorative hardscape as determined by the Planning Director/City Engineer. Any solid masonry wall within 15 feet of a front or side property line shall be screened with any suitable combination of shrubs, trees, vines, or ornamental groundcovers to the satisfaction of the Planning Director or his/her designee.

Section No. 30-670 - Commercial Districts
(a) General. In addition to the General Landscaping Requirements in Section 30-667, The following requirements shall apply in all commercial districts except Walkable Mixed-Use Districts:
49 -19-
(1) Landscaped area. All required yards and setback areas, and all other portions of a lot not paved or occupied by a structure, shall be landscaped and irrigated with plant material. Decorative landscape features such as brick, stone, art, fountains, and ponds may be used within the landscaped area, provided such materials present an attractive setting consistent with the intent of these landscaping requirements. These decorative landscape features shall not exceed 15 percent of the entire landscape areas.
i. Landscape setback. A landscape setback shall be required between the front property line and the building or parking lot as described in Tables No. 30-492. B. . This area shall be landscaped with a combination of 24-inch box size trees with a minimum one and one-half inch caliper trunk, decorative hardscape, shrubs, and groundcover. Any decorative walls or fences shall be located behind the landscape setback.
(2) A minimum of 15 percent of the total site area, not including building footprint area, shall be landscaped to the satisfaction of the Planning Director/City Engineer or his/her designee. The percentage of landscape area shall be stated on the landscape plans. Generally, landscaped areas shall be required to be planted so that shrubs and other plants present a dense appearance
(3) Required trees. One tree shall be provided for every 300 square feet of landscape area. Tree size shall vary with a minimum 50 percent 24-inch box with a minimum one and one-half-inch caliper trunk or greater, 25 percent 15-gallon with one-inch caliper trunk or greater, and 25 percent minimum 36-inch box with a two- and one-half-inch caliper trunk or greater.
i. Street trees. All new developments shall provide evergreen tree of not less than 36-inch box size with a minimum two and one-halfinch caliper trunk spaced apart by a distance equal to the trees’ mature canopy size along the street frontage. In parkways of inadequate width, the required street tree(s) shall be planted in the abutting yard area.
(4) Required shrubs. Shrub sizes shall vary 50 percent five-gallon and 50 percent one-gallon.
(5) Groundcover. Groundcover shall be planted in such a way to result in substantial coverage of the area within one year of initial planting. To achieve this, groundcover shall be planted at a spacing equal to 80% of the maximum growth rate for each species as noted in the Sunset Western Garden Book
50 -20-
(6) Turf is prohibited in all commercial districts.
(7) An automatic irrigation system shall be required for all landscape area(s).
(8) Parking areas. All common parking areas in commercial projects shall be designed and landscaped to break up a large single paved area to screen vehicles from view and to minimize the expansive appearance of parking areas and shall include predominantly fast-growing trees to create summer shade. All trees shall be a minimum of 24-inch box size with a minimum one and one-half-inch caliper trunk. In addition, the following parking lot landscape standards shall be implemented:

I. Screening. Parking areas shall be screened from streets through combinations of mounding if such mounding is in compliance with the approved Water Quality Management Plan (WQMP), landscaping, low profile walls and grade separations.

II. Perimeter planter. A landscaped planter at least five feet wide, excluding overhang, curb and walkways, shall be provided wherever a parking facility adjoins a side or rear property line.

III. Landscape protection. All landscaping shall be protected by concrete curbs of at least six inches in height. Finger and end of aisle planters on the parking space side shall have a decorative 24 18-inch-wide concrete surface measured from the face of curb. curb face to curb face and have a minimum four-footwide planting area. Finger aisle planters shall be a minimum of nine feet wide, and end of aisle planters shall be a minimum of seven feet wide. Finger and end of aisle planters shall be a minimum of seven feet wide as measured from the inside of the curb. (strikeout and added language by Planning
Commission on May 17, 2022)
IV. End of aisles. All parking areas shall provide a landscaped planter of a minimum width of five feet at the ends of all parking aisles. All planting areas shall have round corners instead of 90- degree corners and be shaped to permit vehicle turn
movements.

V. Trees required. One tree shall be provided for each four parking stalls. Trees may be of a species that provides visibility to signage and storefronts.
51 -21-
VI. Parking area setbacks. Consistent with general plan goals to provide attractive streetscapes, parking areas shall be setback from the public right-of-way as specified in Tables No. 30-464 AC. The setback area shall be landscaped as required by the landscaping provisions of this article.

VII. Alternate design. An alternate parking lot planter design may be approved if it exceeds the minimum criteria as specified herein, or otherwise meets the satisfaction of the City Director of Community Development/City Engineer or his/her designee. (9) An alternate landscape plan design may be approved by Planning Director or his/her designee if the resulting mature tree canopy coverage will be equal to or greater than the above standard. (Added language by Planning Commission on May 17, 2022)
(10) All motels and hotels shall maintain an additional ten percent (10%) landscaped open space area more than the required 15 percent landscaping requirement, to the satisfaction of the Planning Director or his/her designee.
(11) Yard abutting residential district. Unless an alternate Fire Protection Plan is approved by the City of Fontana Fire Agency, a landscaped strip shall be provided as a buffer along all yard areas abutting a residential district pursuant to Tables No. 30.492.B. This area shall contain a minimum of one tree for each 20 linear feet minimum of lot line and three shrubs for each tree.
(12) ADA (Americans with Disabilities Act). ADA approved tree grates, compatible with the project's architecture, shall be provided in sidewalk tree wells. These street trees are to be irrigated by a separate valve.

Section No. 30-671 -. Industrial Districts
(a) General. In addition to the General Landscaping Requirements in Section 30- 667, The following requirements shall apply in all industrial districts:
i. Landscaped area requirement. The total of all landscaped areas shall be no less than 15 percent of the total area of the property not covered by buildings, structures, or areas used for outside storage or loading. All yards and setback areas, and all other portions of a lot not paved or occupied by a structure, or areas used for outside storage or loading, shall be landscaped with plant material and irrigated. Decorative landscape features such as brick, stone, art, fountains, and ponds may be used within the landscaped areas, provided such materials present an 52 -22-
attractive setting consistent with the intent of these landscaping requirements. These decorative landscape features shall not exceed 15 percent of the entire landscape area.

1. Landscape setback. A landscape setback shall be required between the front property line and the building and parking lots as described in Table No. 30-536.B, and Table No. 30-536.C. This area shall be landscaped with a combination of 24-inch box size trees with a minimum one and one-half inch caliper trunk, decorative hardscape, shrubs, and groundcover.

2. Landscape setbacks along public rights-of-way shall incorporate undulating and variable height earth mounding if such mounding is in compliance with the approved Water Quality Management Plan (WQMP), and/or low garden walls, and/or five-gallon shrubs (minimum of four feet on-center) incorporated into the design to provide visual relief, to the satisfaction of the Planning Director or his or her designee. Any decorative walls or fences shall be located behind the landscape setback.

3. For any Warehouse building larger than 400,000 square feet in size, a twenty-foot-wide landscaping buffer shall be required, measured from the property line of all adjacent sensitive receptors. Trees shall be installed in automobile parking areas to provide at least 35% shade cover of parking areas within fifteen years. Trees shall be planted that are capable of meeting this requirement.
ii. Required trees. One tree shall be provided for every 600 square feet of landscape area. Tree size shall vary with 90 percent 24-inch box with a minimum one and one-half-inch caliper or greater, and ten percent 36- inch box with a two- and one-half-inch caliper or greater.

1. Street trees. All new developments shall provide at least one trees of not less than 36-inch box size evergreen trees with a minimum two and one-half-inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size along the street frontage. In parkways of inadequate width, the required street tree(s) shall be planted in the abutting yard area.
iii. Required shrubs. Shrub sizes shall vary with not less than 50 percent of shrubs five-gallon in size.
iv. Groundcover shall be planted in such a way to result in substantial coverage of the area within one year of initial planting. To achieve this, 53 -23-
groundcover shall be planted at a spacing equal to 80% of the maximum growth rate for each species as noted in the Sunset Western Garden Book.
v. An alternate landscape plan design may be approved by Planning Director or his/her designee if the resulting mature tree canopy coverage will be equal to or greater than the above standard. (Added language by Planning Commission on May 17, 2022) vi. Turf is prohibited in all industrial districts.
vii. An automatic irrigation system shall be required for all the landscape area(s).
viii. Parking areas. All common parking areas in industrial projects shall be designed and landscaped to break up a large single paved area and shall include predominantly fast-growing trees to create summer shade.

All trees shall be a minimum of 24-inch box size with a minimum one and one-half-inch caliper trunk. In addition, the following parking lot landscape standards shall be implemented:

I. Screening. Parking areas shall be screened from
streets through combinations of mounding if such
mounding is in compliance with the approved
Water Quality Management Plan (WQMP),
landscaping, low profile walls and grade
separations.

II. Perimeter planter. A landscaped planter at least
five feet wide, excluding overhang, curb and
walkways, shall be provided wherever a parking
facility adjoins a side or rear property line.

III. Landscape protection. All landscaping shall be
protected by concrete curbs of at least six inches
in height. Finger and end of aisle planters on the
parking space side shall have a 24-inch-wide
concrete surface measured from the face of curb.

Finger aisle planters shall be a minimum of nine
feet wide, and end of aisle planters shall be a
minimum of seven feet wide. Finger and end of
aisle planters shall be a minimum of seven feet
wide as measured from the inside of the curb.
54 -24-
IV. End of aisles. All parking areas shall provide a
landscaped planter of a minimum width of five
feet at the ends of all parking aisles. All planting
areas shall have round corners instead of 90-
degree corners and be shaped to permit vehicle
turn movements.

V. Trees required. One tree shall be provided for
each four parking stalls. Tees are not required for
semi-truck parking. Trees may be of a species
that provides visibility to signage and storefronts.

VI. Parking area setbacks. Consistent with general
plan goals to provide attractive streetscapes,
parking areas shall be setback from the public
right-of-way as specified in Tables No. 30-464 AC. The setback area shall be landscaped as required by the landscaping provisions of this
article.

VII. Alternate design. An alternate parking lot planter design may be approved if it exceeds the
minimum criteria as specified herein, or otherwise
meets the satisfaction of the City Planning
Director or his/her designee.
ix. Buffering and Screening of Adjacent Uses. A minimum ten-foot-wide landscape perimeter buffer shall be required when directly adjacent to any sensitive receptors. The perimeter buffer area shall include, at a minimum, a solid decorative wall(s) of at least eight feet in height and trees as described in (i) below:

1. 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 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.
x. ADA (Americans with Disabilities Act). ADA approved tree grates, compatible with the project's architecture, shall be provided in sidewalk tree wells. These street trees are to be irrigated by a separate valve. xi. Open spaces shall be integrated into the vehicular and pedestrian circulation systems as a primary focus and destination. 55 -25-
Section No. 30-672 Landscaping in Public Parks, Community Facility Districts, Rights-ofWay Parkways, and Medians. (a) General. In addition to the General Landscaping Requirements in Section30- 667, The following requirements shall apply in all developer installed public parks, community facility districts, and rights-of-way parkways and medians :
(1) All development of landscaping within parks, community facility districts, and parkways and medians with public rights-of-ways shall follow the adopted Engineering Department Standard Landscape Specification Manual and the Park Design Standards where applicable.
(2) Automatic Irrigation system. All landscaped areas shall be provided with a subsurface and/or drip automatic irrigation system capable of complete coverage of the landscaped areas (head-to-head coverage) per City of Fontana Department of Engineering specifications. Water conservation techniques shall be incorporated into the design of the irrigation system and shall be designed to minimize run-off and other wasting of water.

Projects are encouraged to incorporate reclaimed water (where available) and or on-site capture and reuse systems. Overhead irrigation (sprinklers, pop-up heads, rotors) are prohibited in planter areas less than 10-feet wide.
(3) Community facility district tract boundaries and parkways shall be fully landscaped with a combination of trees, shrubs, groundcover, and decorative hardscape.
i. Street trees. Unless an alternate Fire Protection Plan is approved by the City of Fontana Fire Agency all new developments shall provide trees of not less than 36-inch box size evergreen trees with a minimum two- and one-half-inch caliper trunk spaced apart by a distance equal to trees’ mature canopy size along the street frontage. In parkways of inadequate width the required street tree(s) shall be planted in the abutting yard area.
ii. Decorative hardscape shall not exceed 50 percent of the total landscape area. The following types of hardscape are allowed:

1. Grouted Cobble;

2. Rocks larger than 18 inches in diameter;

3. Compacted and unyielding decomposed granite or any loose rock material less than one-inch in diameter;

4. Brick or other decorative pavers;
56 -26-

5. Decorative stamped colored concrete (scored colored
concrete may be allowed with Planning Department
approval); and,

6. Artificial turf subject to Section 30-667 (a) (3) (f). iii The following materials are not considered hardscape:

1. Mulch (unless it is used as a weed barrier in combination with ground cover);

2. Loose rock one-inch diameter or larger;

3. Succulents (other than ice plant);

4. Structures and other ornamentation (statues, fountains, arbors, lighting, etc.) in parkways and medians (may be allowed in parks with approval of the Planning Division and Department of Public Works).
(4) All block wall and wrought iron fencing shall be located behind landscape setback area(s) and outside the public rights-of-way.
(5) Location of sidewalk(s) shall be determined by the Community Development Department, Engineering Division.
(6) ADA (Americans with Disabilities Act). ADA approved tree grates, compatible with the project's architecture, shall be provided in sidewalk tree wells. These street trees are to be irrigated by a separate valve. (7) All turf areas shall be separated from shrub areas by a four by six-inch concrete mow strip or two by four-inch redwood header board. The concrete mow strip or redwood header board shall include openings to allow stormwater to drain throughout the landscaped area. i. Turf is prohibited in all landscape medians.
(8) Intersection Sight Distance.
i. Sight Distance shall be provided and maintained. Objects, such as plants, elevation changes, monument walls, garden and retaining walls and the terrain itself, shall not exceed 30 inches above the roadway and shall not interfere or obstruct the Line-of-Sight.
ii. Sufficient right-of-way shall be dedicated to provide for all primary and secondary landscaped entry statements (including trees) with consideration to Sight Distance and maintain Line-of-Sight. iii. Trees shall not be planted within the Sight Triangle. The plans shall show topographical information, shrub and tree species size and location, and show the location of the irrigation controller and meter/backflow device.
57 -27-
iv. It is the responsibility of the adjacent property owner to maintain the intersection site distance and line-of-site landscaping in good physical condition and appearance.

Section No. 30-673 - Rehabilitated Landscapes
(a) Rehabilitated landscape greater than or equal to 2,500 square feet shall have a landscape documentation plan approved by the City and subject to all applicable provisions of this ordinance.

Section No. 30-674 -Reserved
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 reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The people of the City of Fontana hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 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.
58 -28-
APPROVED AND ADOPTED this 28th day of June 2022.

READ AND APPROVED AS TO LEGAL FORM:
__________________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing ordinance is the actual ordinance duly and regularly adopted by the City Council at a regular meeting on the 28 th day of June
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
59 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1433 Agenda Date: 7/12/2022
Agenda #: C. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Adopt Resolution Terminating the Proclamation of Local Emergency Regarding Novel Corona Virus (COVID-19)
RECOMMENDATION:

Adopt Resolution No. 2022-062, Terminating the Proclamation of a Local Emergency regarding the Novel Coronavirus (“COVID-19”).

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To promote economic development by striving to constantly improve the city's competitiveness.
· To increase citizen involvement by informing the public about issues, program and accomplishments.

DISCUSSION:

On February 26, 2020, the Centers for Disease Control and Prevention (“CDC”) confirmed the first possible case of community transmission of COVID-19 in the United States. Soon after, on March 4, 2020, Governor Newsom of the State of California, declared a State of Emergency in response to the COVID-19 pandemic. And on March 11, 2020, the World Health Organization (WHO) publicly characterized COVID-19 as a pandemic.

On March 14, 2020, the then-City Manager of Fontana, in his capacity as Emergency Services Director, and in accordance with Section 8-6(a)(1) of the Fontana Municipal Code, issued Proclamation No. 2020-01, proclaiming the existence of a local emergency relating to COVID-19. On April 14, 2020, the City Council of Fontana (“City Council”) adopted a resolution ratifying the City Manager’s proclamation and declaring the continued existence of a local emergency.

The City Council also adopted a number of additional resolutions to manage the City’s response to the COVID-19 pandemic, including on June 9, 2020, Resolution No. 2020-048 (delaying implementation of Title 14 of the California Code of Regulations section 45064.3), on August 11, 2020 Resolution No. 2020-119 (allowing for temporary outdoor operating permits and temporary street closures), on October 13, 2020 Resolution No. 2020-133 (request to Governor for business reopenings), and on April 12, 2022, Resolution No. 2022-026 (opposing Senate Bill 871 for mandatory COVID-19 vaccinations for public students in California).

The intent of the local emergency proclamation was to prevent a catastrophic failure of City services, personnel, equipment and facilities. The City’s response to the COVID-19 pandemic has since City of Fontana Page 1 of 2 Printed on 7/7/2022
powered by Legistar™ 60
File #: 21-1433 Agenda Date: 7/12/2022
Agenda #: C. Category: Consent Calendar
personnel, equipment and facilities. The City’s response to the COVID-19 pandemic has since stabilized, and a declared local emergency is no longer necessary in the City of Fontana. However, should the circumstances change significantly, the City Council may declare a new local emergency, pursuant to state law and the Fontana Municipal Code, in order to respond as needed.

On March 1, 2022, the County of San Bernardino rescinded their local emergency proclamation.

To comply with state and federal program requirements, and in order to participate in additional funding that may become available, the resolutions adopted in response to the COVID-19 pandemic authorizing participation in the State’s Rental Assistance Program, including Resolutions No. 2021- 09, 2021-102, and 2022-008, will remain in effect.

FISCAL IMPACT:

No fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/7/2022
powered by Legistar™ 61
RESOLUTION NO. 2022-062

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

CALIFORNIA, TERMINATING THE EXISTENCE OF A LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (“COVID-19”)
WHEREAS, Chapter 8 of the Fontana Municipal Code empowers the City Council to proclaim a local emergency when the City of Fontana is affected or likely to be affected by a public calamity; and
WHEREAS, on March 13, 2020, the then-City Manager, in accordance with Section 8- (6)(a)(1) of the Fontana Municipal Code, issued Proclamation No. 2020-001 proclaiming the existence of a local emergency relating to the worldwide spread of a respiratory illness due to the novel coronavirus known as COVID-19; and
WHEREAS, on March 14, 2020, the City Council of Fontana (“City Council”) ratified Proclamation No. 2020-001, and adopted Resolution No. 2020-020 declaring and proclaiming a local emergency throughout the City; and
WHEREAS, on April 14, 2020, the City Council adopted Resolution No. 2020-030 proclaiming the continued existence of the local emergency; and WHEREAS, the City Council also adopted related resolutions, including on June 9, 2020, Resolution No. 2020-048 (delaying implementation of Title 14 of the California Code of Regulations section 45064.3), on August 11, 2020 Resolution No. 2020-119 (allowing for temporary outdoor operating permits and temporary street closures), on October 13, 2020 Resolution No. 2020-133 (request to Governor for business re-openings), and on April 12, 2022, Resolution No. 2022-026 (opposing Senate Bill 871 for mandatory COVID-19 vaccinations for public students in California)(collectively “Resolutions”); and WHEREAS, the original intent of the declaration of local emergency and subsequent Resolutions was to prevent the catastrophic failure of City services, personnel, equipment, and facilities; and,
WHEREAS, the Fontana City Council concludes that the catastrophic failure of City services, personnel, equipment, and facilities has been prevented; and, WHEREAS, on March 1, 2022, the County of San Bernardino rescinded their local emergency proclamation.

WHEREAS, based on the fact that the City’s COVID-19 case numbers have stabilized, it is the City Council’s conclusion that the circumstances that led to the City Council’s Resolution No. 2020-030 on April 14, 2020, declaring a local emergency regarding COVID-19 no longer exists; and
62 2
WHEREAS, the City Council having reviewed the need for continuing the existence of a local emergency and recognizing that under statute a requirement to terminate the same at “the earliest possible date that the conditions warrant termination,” now conclude that the current conditions related to COVID-19 in the City of Fontana warrant termination of the local emergency and thereby rescind Resolution No. 2020-030, as well as subsequent implementing Resolutions.

NOW, THEREFORE, IT IS HEREBY DECLARED AND RESOLVED, by the City Council that pursuant to Government Code section 8630(d), the Proclamation of the existence of a local emergency due COVID-19, adopted by the City Council on April 14, 2020 (Resolution No. 2020-030), on June 9, 2020 (Resolution No. 2020-048), on August 11, 2020 (Resolution No. 2020- 119), on October 13, 2020 (Resolution No. 2020-133), and on April 12, 2022 (Resolution No. 2022-026 ) are hereby terminated in their entirety.

BE IT FURTHER RESOLVED, the City Council, reserves the authority under state law and Chapter 3 of the Fontana Municipal Code, to declare a local emergency should the number of COVID-19 infections and, or hospitalizations due to COVID-19 warrant action by the City.

BE IT FURTHER RESOLVED, by the City Council, this Resolution shall be effective immediately upon adoption.

APPROVED AND ADOPTED this 12th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

Ruben, Duran, City Attorney
I, Germaine McCellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 12th day of July 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Germaine McCellan Key, City Clerk of the City of Fontana Acquanetta Warren, Mayor of the City of Fontana
63 3
ATTEST:

Germaine McCellan Key, City Clerk
64 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1443 Agenda Date: 7/12/2022
Agenda #: D. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

A Resolution of the City Council of the City of Fontana, California, Authorizing Retirement Plan Contributions for Non-Pers City Council Members
RECOMMENDATION:

Adopt Resolution No. 2022-063, Authorizing Retirement Plan Contributions for Non-PERS City Council Members.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To operate in a businesslike manner by becoming more service oriented. · To practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The City of Fontana is a general law city subject to Government Code section 36516 which establishes limits on the salary that may be paid to members of a city council. Paragraph (d) of section 36516 provides that any amounts paid by the City for “retirement . . . benefits shall not be included for purposes of determining salary under [section 36516], provided the same benefits are available and paid by the city for its employees.”
The City contracts with the California Public Employees’ Retirement System (“CalPERS”) to provide retirement benefits to City employees, including members of the City Council, that are eligible to participate in CalPERS. The City is required to make a normal cost contribution to CalPERS on behalf of all participating employees.

To the extent that members of the City Council participate in CalPERS under the City’s contract, they are classified as miscellaneous members. Some members of the City Council are CalPERS retired annuitants or participate in CalPERS through another employer as a result of their full-time employment with such other employer and do not participate in CalPERS under the City’s contract (“Non-PERS City Council Members”). Non-PERS City Council Members do not receive the employer normal cost contribution that is paid by the City on behalf of all other miscellaneous members.

The City maintains the City of Fontana 401(a) Money Purchase Plan (“401(a) Plan”) for the benefit of eligible employees. As permitted by Government Code section 36516(d), the City wishes to make a contribution to the 401(a) Plan on behalf of Non-PERS City Council Members equal to the employer normal cost contribution that the City makes on behalf of miscellaneous members to CalPERS City of Fontana Page 1 of 2 Printed on 7/5/2022
powered by Legistar™ 65
File #: 21-1443 Agenda Date: 7/12/2022
Agenda #: D. Category: Consent Calendar
(“Contribution”).

This Resolution authorizes the foregoing Contribution and authorizes the City Manager to make any necessary amendments to the 401(a) Plan to implement the provisions of this Resolution.

In accordance with Government Code section 36516.5, this Resolution will become effective on the date that one or more members of the City Council begin a new term of office.

FISCAL IMPACT:

The total estimated annual cost associated with retirement benefits for the City Council Members is $15,973 which includes both CalPERS and the proposed 401(a) plans. The increase in cost as a result of the approval of this item is $9,101 and the required budget adjustments will be included in the 2022-23 First Quarter Budget Report. The contributions will vary from year to year depending on the normal cost rate for miscellaneous members, the number of Non-PERS City Council Members and the amount of compensation paid to Non-PERS City Council Members.

MOTION:

Approve Resolution Authorizing Retirement Plan Contributions for Non-PERS City Council Members.

City of Fontana Page 2 of 2 Printed on 7/5/2022
powered by Legistar™ 66
1 RESOLUTION NO. 2022-063

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FONTANA, CALIFORNIA, AUTHORIZING RETIREMENT PLAN

CONTRIBUTIONS FOR NON-PERS CITY COUNCIL MEMBERS

WHEREAS, the City of Fontana is a general law city subject to Government Code section 36516 which establishes limits on the salary that may be paid to members of a city council; and
WHEREAS, paragraph (d) of Government Code section 36516 provides that any amounts paid by the City for “retirement . . . benefits shall not be included for purposes of determining salary under [section 36516], provided the same benefits are available and paid by the city for its employees”; and
WHEREAS, the City contracts with the California Public Employees’ Retirement System (“CalPERS”) to provide retirement benefits to City employees, including members of the City Council, that are eligible to participate in CalPERS; and WHEREAS, the City is required to make a normal cost contribution to CalPERS on behalf of all participating employees for each pay period that includes at least one day that the employee is enrolled in CalPERS under the City’s contract; and WHEREAS, the employer normal cost contribution is different for miscellaneous and safety members, and is set on a fiscal year basis by CalPERS; and WHEREAS, to the extent that members of the City Council participate in CalPERS under the City’s contract, they are classified as miscellaneous members; and WHEREAS, members of the City Council that are CalPERS retired annuitants or that participate in CalPERS through another employer as a result of their full-time employment with such other employer do not participate in CalPERS under the City’s contract (“Non-PERS City Council Members”); and
WHEREAS, Non-PERS City Council Members do not receive the employer normal cost contribution that is paid by the City on behalf of all other miscellaneous employees, including members of the City Council, that participate in CalPERS under the City’s contract; and WHEREAS, the City previously established the City of Fontana 401(a) Money Purchase Plan (“401(a) Plan”) for the benefit of eligible employees; and WHEREAS, the City Council wishes to authorize a contribution equal to the employer normal cost contribution that the City makes on behalf of miscellaneous members to CalPERS to be made to the 401(a) Plan on behalf of Non-PERS City Council Members; and WHEREAS, Government Code section 36516.5 provides that any change in compensation, which includes the authorization of retirement contributions not otherwise required by law, shall not become effective until one or more members of the city council begin a new term of office.
67 2
NOW THEREFORE, BE IT RESOLVED, declared, determined and ordered by the City Council of the City of Fontana, California, as follows:

Section 1. In accordance with Government Code section 36516(d), the City shall make a contribution to the 401(a) Plan on behalf of Non-PERS City Council Members equal to employer normal cost contribution that the City makes on behalf of miscellaneous members to CalPERS (“Contribution”).

Section 2. The Contribution shall be made periodically at the same time that the City makes its normal cost contributions to CalPERS.

Section 3. The City Manager is hereby authorized to make any necessary amendments to the 401(a) Plan to accommodate the Contributions authorized pursuant to this Resolution.

Section 4. In accordance with Government Code section 36516.5, this Resolution shall be effective on the date that one or more members of the City Council begin a new term of office.

APPROVED AND ADOPTED this 12th day of July 2022.

READ AND APPROVED AS TO LEGAL FORM:
__________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting thereof, held on the 12th day of July, 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
68 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1477 Agenda Date: 7/12/2022
Agenda #: E. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Adopt the Revised Job Descriptions for the Classifications of Customer Service Supervisor, Office Assistant, and Police Dispatcher I/II
RECOMMENDATION:

Adopt Resolution No. 2022-064, a resolution of the City Council of the City of Fontana adopting new and updated job descriptions for specific classifications throughout the City.

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’s objective is to attract and retain the best talent to serve the Fontana residents and business community by offering attractive and competitive salaries and benefits.

The proposed revisions to the classifications of Customer Service Supervisor and Office Assistant are to align the classifications with current practices and allow them to be utilized across all City departments.

The Police Department has requested revisions to the Police Dispatcher I/II classification because the position is dynamic, and the essential functions and minimum qualifications have evolved since it was last updated. Adopting the updated classification would align the job description with the current application of the classification within the Department.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/5/2022
powered by Legistar™ 69

RESOLUTION NO. 2022-064

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING NEW AND UPDATED JOB DESCRIPTIONS FOR SPECIFIC

CLASSIFICATIONS THROUGHOUT THE CITY
WHEREAS, the City Council of the City of Fontana has adopted the Personnel Rules and Regulations which incorporate the City’s Classification and Compensation Plan; and
WHEREAS, the Classification and Compensation Plan is not a static plan and requires revisions to reflect organizational changes and needs, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, to adopt the revised job descriptions for the classifications of Customer Service Supervisor, Office Assistant, and Police Dispatcher I/II.

EFFECTIVE DATE: July 13, 2022
APPROVED AND ADOPTED this 12th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and ExOfficio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on the 12th day of July 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:
___________________________
City Clerk of the City of Fontana
___________________________
Mayor of the City of Fontana
70

Resolution 2022-
ATTEST:
___________________________
City Clerk
71 APPROVED BY CITY COUNCIL: JULY 12, 2022 M/C –EXEMPT

CITY OF FONTANA

CUSTOMER SERVICE SUPERVISOR
DEFINITION: Under direction of the department head or designee, provides direction, management, supervision and coordination of the programs and activities of the customer service clerical and technical staff within the department; coordinates assigned activities with other departments, divisions, outside agencies and the community; and provides highly responsible and complex administrative support to the department.

ESSENTIAL FUNCTIONS: The incumbent must have the ability to:
• Assume the responsibility for the management of customer service related to the delivery of customer service within the department.
• Manage and participate in the development and implementation of goals, objectives, policies and priorities for assigned work group.
• Monitor and evaluate the efficiency and effectiveness of service delivery, assess and monitor work load; identify opportunities for improvement; plan and implement improvements.
• Select, train, and motivate customer service personnel; provide or coordinate staff training.
• Provide direct supervision to subordinate staff; prioritize assignments, and provide performance review for the clerical customer service staff. • Serve as a liaison for the department, other City departments and divisions, and outside agencies; negotiate and resolve significant and controversial issues. • Conduct a variety of organizational studies and prepare statistical reports. • Respond to and resolve difficult and sensitive citizen inquiries and complaints; ensure the effective and efficient resolution of customer problems. • Review public relations programs related to the delivery of customer service and make changes as appropriate.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain cooperative-working relationships with those contacted in the course of work.
• Maintain prompt and regular attendance.
• Perform any other tasks or functions deemed necessary to the daily operations of the employer.
• This position is always evolving. Therefore, employer reserves the right to modify this job description as necessary.

THE ABOVE LIST OF ESSENTIAL FUNCTIONS IS NOT EXHAUSTIVE AND MAY BE SUPPLEMENTED AS NECESSARY BY THE EMPLOYER.

WORKING CONDITIONS: This position requires sitting, standing, walking and reaching, twisting, turning, bending, stooping, squatting and crouching in the performance of daily duties. It requires grasping, repetitive hand movement and fine coordination in preparing reports and using a computer keyboard and mouse. The need to lift and carry files and supplies weighing up to 25 pounds is required. The position 72 CUSTOMER SERVICE SUPERVISOR

requires both near and far vision when operating a computer and preparing written material as well as acute hearing when providing telephone service.

EXPERIENCE AND TRAINING GUIDELINES:

A combination of experience and training that provides the required knowledge and abilities is qualifying. The incumbent must have knowledge of:
• Principles and practices of the delivery of finance related customer service. • Knowledge of the duties and functions of employees in the department as well as other City Departments and related outside agencies.
• Knowledge of applicable Federal, State, and local policies, procedures, laws and regulations.
• Knowledge of the principles and practices of organizational and employee development.
• Knowledge of the principles of supervision and training. • Experience working in a high demand customer service environment.

Experience: Four (4) years of progressively responsible clerical, technical, or professional experience which includes at least one year lead supervisory experience.

Experience in a high volume, customer service related environment is highly desirable.

Training: Completion of the twelfth grade or GED supplemented by specialized training classes in effective customer service techniques or a closely related field.

Licenses/Certifications: Possession of a valid California Class “C” Driver’s License or equivalent.
73 APPROVED BY CITY COUNCIL: JULY 12, 2022 PT- NO BENEFITS

CITY OF FONTANA

OFFICE ASSISTANT
DEFINITION: Under immediate supervision from higher level staff, perform a wide variety of routine clerical duties in support of an assigned department.

ESSENTIAL FUNCTIONS: The employee must have the ability to:
• Type and proofread a variety of documents including general correspondence, agendas, reports, memos and statistical charts from rough draft, verbal instructions. • Perform a wide variety of routine clerical work including filing, billing, checking, and recording information on records.
• Sort and file documents and records, maintaining alphabetical, index, and crossreference files. • Copy, scan, fax and distribute documents
• Receive, sort, and distribute incoming and outgoing correspondence. • Act as a receptionist: receive inquiries or patrons in-person, by email, or on the telephone; provide general information on departmental and City policies and procedures as required; and refer calls to appropriate personnel. • Write in correct English
• Operate a variety of office equipment including a computer; input and retrieve data and text.
• Communicate clearly and concisely, both orally and in writing; • Establish and maintain cooperative working relationships with those contacted throughout the course of employment;
• Maintain prompt and regular attendance;
• Other duties as assigned;
• This position is always evolving. Therefore, employer reserves the right to modify this job description as necessary.

THE ABOVE LIST OF ESSENTIAL FUNCTIONS IS NOT EXHAUSTIVE AND MAY BE SUPPLEMENTED AS NECESSARY BY THE EMPLOYER.

WORKING CONDITIONS: Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination in preparing reports using a computer keyboard. Additionally, the position requires near and far vision when preparing and reading written reports and other work related documents. Acute hearing is also required when providing phone and counter assistance.

EXPERIENCE AND TRAINING GUIDELINES
A combination of experience and training that would likely provide the required knowledge and abilities is qualifying. The employee must have the knowledge of:
• English usage, spelling, grammar, and punctuation.
• Fundamentals to effectively communicate standard information. • Principles and procedures of record keeping.
• Office methods, procedures, and practices.
74 OFFICE ASSISTANT

Ability to:
• Learn to operate a variety of modern office machines. • Use standard word processing and related computer software programs. • Perform basic arithmetic functions.
• Learn and correctly interpret and apply the policies and procedures of the program or function to which assigned.
• Learn office methods, rules and policies including receptionist techniques. • Perform routine clerical work.
• Type at a speed necessary for successful job performance. • Work courteously with the general public, staff, and diverse community on the telephone, electronic communication devices or in-person. • Understand and carry out oral and written instructions.

Experience: At least six (6) months of general clerical support experience, preferably involving some public contact work experience.

Education: Equivalent to the completion of the twelfth grade. Additional specialized clerical training is desirable.
75 APPROVED BY CITY COUNCIL: JULY 12, 2022 PBA – NON-EXEMPT

CITY OF FONTANA

POLICE DISPATCHER I

POLICE DISPATCHER II
DEFINITION: Under general and/or immediate supervision, performs a variety of duties involved in answering 9-1-1 emergency and non-emergency calls; analyze, prioritize, and enter calls for service via a Computer Aided Dispatch (CAD) system; dispatch emergency personnel via multi-frequency radio system, telephone, or other communications equipment; record and monitor activities of field and communications personnel; receive incoming calls for police and emergency assistance and dispatch necessary units; perform a variety of general support duties related to dispatch activities; and related work as assigned on an assigned shift for the Police Department.

DISTINGUISHING CHARACTERISTICS
Police Dispatcher I – This is the entry level class in the Police Dispatcher series.

Incumbents learn and perform a variety of duties involved in receiving, prioritizing, and transmitting emergency and non-emergency calls for service and dispatching the appropriate personnel in response to those calls. This class is distinguished from the Police Dispatcher II by the performance of the more routine tasks.

Police Dispatcher II – This is the journey level class in the Police Dispatcher series.

Employees within this class are distinguished from the Police Dispatcher I level by the performance of the full range of duties as assigned. Employees are fully aware of the operating procedures and policies of the work unit. Positions in this class are normally filled from advancement from the I level, or when filled from the outside, require prior work experience and P.O.S.T certification. May participate in the training and evaluation of new communications staff.

ESSENTIAL FUNCTIONS: The following functions are typical for this classification.

Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices.

The incumbent must have the ability to:
• Receive emergency and non-emergency calls, complaints, and inquiries from the public. Evaluate and analyze information to determine jurisdiction, necessity, and response needed.
• Determine the nature and location of emergency and non-emergency calls for service, including 9-1-1 calls, and prioritize response. • Dispatch emergency and non-emergency units as necessary and in accordance with established procedures. Use appropriate terminology and radio codes relaying to police personnel in the field via radio and mobile data computer terminals. • Listen and comprehend radio transmissions from emergency personnel in the field; acknowledge, document, and comply with requests for action or information. • Coordinate emergency calls and relay information and assistance requests involving other public safety agencies.
76 POLICE DISPATCHER I/II

• Maintain contact with all units on assignment; maintain status and location of police field units, checking periodically to verify location, activity, and status, supplying back-up personnel and taking other appropriate steps to provide for the safety of field personnel.
• Organize and coordinate activities of field units.
• Place telephone calls to other safety agencies, City departments, City emergency crews, tow companies, ambulance services, coroner, telephone and utility companies, and others to relay information or request services, maintaining detailed record of the time and nature of each call.
• Operate CAD equipment, enhanced 9-1-1 telephone system equipment, multifrequency radio equipment, Telecommunications Device for the Deaf (TDD), and other relative office equipment and systems.
• Perform a variety of record keeping, filing, indexing, and other general clerical work. • Monitor radio channels for service requests from other jurisdictions and emergency radio traffic that may affect the City’s operations.
• Monitor security cameras and license plate readers to provide real-time information to field units.
• Attend patrol briefings as assigned.
• Testify in court as needed.
• Enter, update, and retrieve information on wanted persons, stolen property, vehicle registration, stolen property/vehicles, and other information from computer and teletype networks including but not limited to California Law Enforcement Teletype System (CLETS), Department of Justice (DOJ), National Law Enforcement Teletype System (NLETS)/National Crime Information Center (NCIC), etc. • Learn departmental policies and procedures for service requests. • Read maps, memorize streets and major hundred blocks and reasonably apply this knowledge to service requests, field unit beat assignments, and coordination of response.
• Learn police codes, practices, and methods.
• Work under pressure, exercise good judgment, and make sound decisions in emergency situations.
• Effectively and courteously deal with the public, including irate, upset, and difficult callers during hectic, tense, and dangerous situations. • Work various shifts as assigned, including nights, weekends, and holidays. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective cooperative working relationships with those contacted in the course of work.
• Interact with co-workers at all levels in the organization in a collaborative and customer service-oriented manner.
• Maintain prompt and regular attendance.
• Perform all duties with the context of the City/Department’s Mission Statement and Organizational Values.
• May perform occasional matron duties as assigned.
• Provide on-the-job training and technical guidance to new employees in the Dispatch Unit.
77 POLICE DISPATCHER I/II

• Perform any other tasks or functions deemed necessary to the daily operations of the employer.
• Other duties as assigned.
• This position is always evolving. Therefore, employer reserves the right to modify this job description as necessary.

THE ABOVE LIST OF ESSENTIAL FUNCTIONS IS NOT EXHAUSTIVE AND MAY BE SUPPLEMENTED AS NECESSARY BY THE EMPLOYER.

WORKING CONDITIONS: Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, squatting and stooping in the performance of daily office activities. The position also requires grasping, repetitive hand movement and finger coordination in preparing and entering data, using a computer keyboard.

Additionally, the position requires near and far vision in reading correspondence and using the computer, and acute hearing is required when providing phone and counter service to the public. The need to lift, drag and push file, paper and documents weighing up to 25 pounds also is required.

EXPERIENCE AND TRAINING GUIDELINES
A combination of experience and training that would provide the required knowledge and abilities is qualifying. The incumbent must have knowledge of:

Police Dispatcher I
• Modern office equipment including computers and applicable software. • Modern office procedures, practices, and equipment.
• Correct English usage, spelling, punctuation, and grammar. • Methods and techniques for record keeping.

Police Dispatcher II
In addition to the qualifications of Dispatcher I, incumbents must have knowledge of:
• Standard operating procedures of police dispatching.
• Applicable Federal, State, and local laws, codes, and regulations. • Police-related computer and teletype networks.
• Operational characteristics of standard office and dispatch equipment. • Occupational hazards and standard safety practices.

Experience:

Dispatcher I - One (1) year of work experience that involves a substantial amount of public contact. One (1) year of telephone and/or dispatch and general clerical experience is desirable.

Dispatcher II - Successful completion of the probationary period as a police dispatcher in law enforcement agency.

Education:

Dispatcher I - Completion of the twelfth grade, or equivalent. 78 POLICE DISPATCHER I/II

Dispatcher II - Completion of the twelfth grade, or equivalent, and successful completion of the P.O.S.T. mandated dispatcher course.

In addition, advancement from a Police Dispatcher I to a II requires incumbent to demonstrate competence in all phases/duties/responsibilities of the position and have recommendation of a Communications Supervisor.

Licenses/Certifications: Possession of, and continuously throughout employment, a valid California Class “C” Driver’s License or equivalent.

A typing speed of 45 Net Words Per Minute (WPM) is required.

SUPPLEMENTAL INFORMATION: Successful candidates will be required to pass a drug screening, fingerprint screening, physical examination and a background investigation.
79 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1467 Agenda Date: 7/12/2022
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Resolution Adjusting the Development Impact Fees RECOMMENDATION:

Approve Resolution No. 2022-065, Adjusting the Development Impact Fees.

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

DISCUSSION:

On December 10, 2019, the City of Fontana (City) approved a Development Impact Fee (DIF) Update Study and adopted Resolution No. 2019-158 (Resolution) updating several DIF amounts and fee criteria. The Resolution also provided that DIF may be adjusted annually by Resolution of the City Council by a percentage equal to the California Construction Cost Index (CCCI) for the preceding 12 months (Section 4). Staff has evaluated the relevant DIF and recommends that the fees be adjusted as authorized by the Resolution. Per Resolution 2022-[ ], the proposed DIF increases are based on the CCCI for the preceding 12 months and reflect a 13.4% increase from the previous year.

Staff recommends an equivalent adjustment to the City’s DIF, effective January 1, 2023.

FISCAL IMPACT:

Development Impact Fees will increase 13.4% per the 2021 California Construction Cost Index, resulting in an increase of approximately one million dollars based on the average number of projects the City approves annually.

MOTION:

Approve staff recommendation and adopt Resolution 2022-[ ].

City of Fontana Page 1 of 1 Printed on 7/6/2022
powered by Legistar™ 80
RESOLUTION NO. 2022-065

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADJUSTING DEVELOPMENT IMPACT FEES
WHEREAS, the City of Fontana has conducted an extensive analysis of its capital facilities, the costs reasonably borne by the City in constructing those facilities, the beneficiaries of these services, and the revenues produced by those paying fees and charges for capital facilities; and
WHEREAS, pursuant to Government Code section 66018, the City Council of the City of Fontana adopted Resolution No. 2019-158, which provides that the City Council may adopt by Resolution an adjustment to the Development Impact Fees set forth in Exhibit “A”, by a percentage equal to the California Construction Cost Index (“CCCI”) for the preceding twelve (12) month period; and
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana that:

Section 1. Pursuant to Resolution No. 2019-158, the fee schedule, as set forth in Exhibit “A”, is hereby adjusted by this Resolution to reflect an increase of

13.4%, which is equal to the CCCI for the preceding 12 months. This section of the Resolution shall be considered enabling and a directive in compliance with the Mitigation Fee Act, Government Code Section 66000 et seq.

Section 2. Upon the effective date of the adoption of a specific fee set forth in Exhibit “A” of this Resolution, the portion of any prior Resolution, which pertains to and is inconsistent with the adoption of such fee, shall no longer be in effect.

Development Impact Fees, as listed in Exhibit “A”, in accordance with Government Code Section 66000 et seq., shall become effective on January 1, 2023.

APPROVED AND ADOPTED this 12
th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting of said City Council on the 12 th day of July 2022,
by the following to-wit:
81 AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:

City Clerk
82 EXHIBIT “A”
Proposed Development Impact Fee Update
Circulation
Circulation Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$6,685.00 $6,684.93 $5,895.00 $790.00
Multi-Family Res 0-2 bedroom
$4,092.00 $4,091.47 $3,608.00 $484.00
Multi-Family Res 3+ bedroom
$4,092.00 $4,091.47 $3,608.00 $484.00
Commercial Comm/Retail ($/sq.ft)
$10.03 $10.03 $8.85 $1.19
Commercial office ($/sq.ft) $8.12 $8.12 $7.16 $0.96
Industrial ($/sq.ft) $4.09 $4.09 $3.61 $0.48
Active Transportation Plan
(ATP)
ATP Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$925.00 $924.21 $815.00 $110.00
Multi-Family Res 0-2 bedroom
$878.00 $877.72 $774.00 $104.00
Multi-Family Res 3+ bedroom
$925.00 $924.21 $815.00 $110.00
Commercial Commercial ($/sq.ft)
$0.253 $0.25 $0.223 $0.030
Industrial ($/sq.ft) $0.073 $0.07 $0.065 $0.009
Local Arterials
Local Arterials Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$518.00 $517.10 $456.00 $62.00
Multi-Family Res 0-2 bedroom
$492.00 $491.02 $433.00 $59.00
Multi-Family Res 3+ bedroom $518.00 $517.10 $456.00 $62.00 Commercial Commercial ($/sq.ft)
$0.141 $0.14 $0.124 $0.017
Industrial ($/sq.ft) $0.041 $0.04 $0.036 $0.005
83 Traffic Signal
Traffic Signal Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$160.00 $159.89 $141.00 $19.00
Multi-Family Res 0-2 bedroom
$154.00 $153.09 $135.00 $19.00
Multi-Family Res 3+ bedroom
$160.00 $159.89 $141.00 $19.00
Commercial Commercial ($/sq.ft)
$0.044 $0.04 $0.039 $0.005
Industrial ($/sq.ft) $0.013 $0.01 $0.011 $0.002
Landscape Median
Landscape Median Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$326.00 $325.46 $287.00 $39.00
Multi-Family Res 0-2 bedroom
$310.00 $309.58 $273.00 $37.00
Multi-Family Res 3+ bedroom
$326.00 $325.46 $287.00 $39.00
Commercial Commercial ($/sq.ft)
$0.089 $0.09 $0.078 $0.010
Industrial ($/sq.ft) $0.026 $0.03 $0.023 $0.003
Public Facilities
Public Facilities Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$520.00 $519.37 $458.00 $62.00
Multi-Family Res 0-2 bedroom
$494.00 $493.29 $435.00 $59.00
Multi-Family Res 3+ bedroom
$520.00 $519.37 $458.00 $62.00
Commercial Commercial ($/sq.ft)
$0.142 $0.14 $0.125 $0.017
Industrial ($/sq.ft) $0.042 $0.04 $0.037 $0.005
84 Police
Police Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$552.00 $551.12 $486.00 $66.00
Multi-Family Res 0-2 bedroom
$523.00 $522.77 $461.00 $62.00
Multi-Family Res 3+ bedroom
$552.00 $551.12 $486.00 $66.00
Commercial Commercial ($/sq.ft)
$0.150 $0.15 $0.133 $0.018
Industrial ($/sq.ft) $0.044 $0.04 $0.039 $0.005
Library
Library Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$116.00 $115.67 $102.00 $14.00
Multi-Family Res 0-2 bedroom
$110.00 $110.00 $97.00 $13.00
Multi-Family Res 3+ bedroom
$116.00 $115.67 $102.00 $14.00
Commercial Commercial ($/sq.ft)
$0.031 $0.03 $0.028 $0.004
Industrial ($/sq.ft) $0.009 $0.01 $0.008 $0.001
85 Fire Facilities
Fire Facilities Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$431.00 $430.92 $380.00 $51.00
Multi-Family Res 0-2 bedroom
$409.00 $408.24 $360.00 $49.00
Multi-Family Res 3+ bedroom
$431.00 $430.92 $380.00 $51.00
Commercial Commercial ($/sq.ft)
$0.118 $0.12 $0.104 $0.014
Industrial ($/sq.ft) $0.034 $0.03 $0.030 $0.004
Park Development
Park Development Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Single Family Residential per
Dwelling Unit
$7,733.00 $7,732.75 $6,819.00 $914.00
Multi-Family Res 0-2 bedroom
$7,347.00 $7,346.05 $6,478.00 $869.00
Multi-Family Res 3+ bedroom
$7,733.00 $7,732.75 $6,819.00 $914.00
Commercial Commercial ($/sq.ft)
$0.000 $0.00 $0.000 $0.000
Industrial ($/sq.ft) $0.000 $0.00 $0.000 $0.000
Storm Drain
Storm Drain Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
A. Declez North $27,182.00 27181.98 $23,970.00 $3,212.00 B. Declez South $32,274.00 32273.64 $28,460.00 $3,814.00 C. Fontana East $16,550.00 16549.60 $14,594.00 $1,956.00 D. Upper Etiwanda $10,508.00 10507.64 $9,266.00 $1,242.00 E. Middle Etiwanda $8,102.00 8101.30 $7,144.00 $958.00
F. Lower Etiwanda $9,713.00 9712.71 $8,565.00 $1,148.00 G. I-10 North $23,768.00 23767.51 $20,959.00 $2,809.00
H. I-10 South $5,827.00 5826.49 $5,138.00 $689.00
I. I-15 North $22,226.00 22225.27 $19,599.00 $2,627.00
J. Project 3-4 $19,492.00 19491.19 $17,188.00 $2,304.00 86 Sewer
Sewer Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Residential per unit $1,023.00 $1,022.87 $902.00 $121.00 Commercial/Industrial (per EDU) $1,023.00
$1,022.87 $902.00 $121.00
Inclusionary
Inclusionary Proposed
Fees
Calculated
Fees
Existing
Fees
Change in
Fee
Residential per unit $1,574.00 $1,573.99 $1,388.00 $186.00 Multi-family Residential per
dwelling unit
$768.00 $767.72 $677.00 $91.00
Commercial-Office $1.31 $1.31 $1.15 $0.15
Commercial - Hosp/Med $1.61 $1.61 $1.42 $0.19
Commercial - Hotel/Motel $0.80 $0.80 $0.71 $0.10
Commercial - Retail/Entertainment
$1.88 $1.88 $1.66 $0.22
Industrial - Manufacturing $0.14 $0.14 $0.12 $0.02
Industrial -
Warehouse/Distribution
$0.15 $0.15 $0.13 $0.02
87 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1495 Agenda Date: 7/12/2022
Agenda #: G. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve the San Sevaine Trail Project Specific Maintenance Agreement with Caltrans RECOMMENDATION:

Approve and Authorize the Mayor to execute the San Sevaine Trail Project Specific Maintenance Agreement (PSMA) between the City of Fontana and the California State Department of Transportation (Caltrans).

COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by creating communities and neighborhoods that are attractive, safe and convenient for walkers and bicyclists.

DISCUSSION:

The City of Fontana was awarded two (2) grants for the design and construction of the San Sevaine Trail, which is a Class I bike and pedestrian multi-use trail proposed along the west side of Etiwanda Creek, extending northerly from the Pacific Electric Trail into the City of Rancho Cucamonga, terminating at Banyan Street.

The subject trail segment will provide direct connection to the existing regional Pacific Electric Trail, providing regional trail access to residents of Fontana. The trail will also provide non-motorized access to Etiwanda High School.

The subject Project Specific Maintenance Agreement (PSMA) provides for maintenance of the trail improvements installed within Caltrans right-of-way and within the City of Fontana jurisdictional areas. The agreement includes Exhibit A indicating the project location and outlining the areas of maintenance responsibility. In general, the agreement requires that the City maintain the asphalt pavement, shoulders, curbs, concrete header, wall surfaces, drainage system, pavement markings, signage, trail lighting, cable railing and chain link fence.

FISCAL IMPACT:

This has no fiscal impact for the immediate future and project specific maintenance costs have been identified and listed in the Capital Improvement Program.

City of Fontana Page 1 of 2 Printed on 7/6/2022
powered by Legistar™ 88
File #: 21-1495 Agenda Date: 7/12/2022
Agenda #: G. Category: Consent Calendar
MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/6/2022
powered by Legistar™ 89
08-SBD-15-PM 744-7.56
1 PROJECT SPECIFIC MAINTENANCE AGREEMENT

WITH CITY OF FONTANA
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of FONTANA; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. Encroachment Agreement Number __________ was executed between CITY and STATE on ____________________to construct a operate and maintain the San Sevaine Trail along Interstate 15 (I-15), consisting of a 13-foot wide asphalt concrete multiuse path, pavement markings, signage, trail lighting, cable railing, and chain link fence on State Route (SR) 15, hereinafter referred to as “PROJECT”, PROJECT has the following elements:

1.1. Bridge on East Etiwanda Creek BR 54-0964R (BRIDGE)

1.2. BICYCLE PATHWAY

2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement.

3. There is an existing Freeway Maintenance Agreement, with CITY dated November 7, 2016. This Agreement is not meant to replace or supersede any earlier agreements including the said Freeway Maintenance Agreement.

NOW THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION II

AGREEMENT

1. Exhibit A consists of plan drawings that delineate and describe the areas within STATE right of way which are the responsibilities of the CITY to maintain in accordance with this Agreement.

2. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution of the exhibit.

3. CITY must obtain the necessary Annual Encroachment Permit for maintenance work from STATE’s District 08 Encroachment Permit Office prior to entering STATE right of 90 08-SBD-15-PM 744-7.56
2 way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.

4. BRIDGE - East Etiwanda Creek BR 54-0964R

4.1. CITY, at CITY’s expense, will maintain the trailway sections, including asphalt concrete pavement, shoulder, curbs, concrete header, wall surfaces (including eliminating graffiti), drainage installations, pavement markings, signage, trail lighting, cable railing, and chain link fence.

4.2. PIERS AND ABUTMENTS, AND SLOPE PAVING – CITY is responsible for cleaning to keep any pier structure on BRIDGE, abutment, or slope pavement free of graffiti.

5. ELECTRICALLY OPERATED DEVICES – The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting devices and any other electrically operated devices placed at BRIDGE and CITY facilities shall be paid by CITY as shown in Exhibit C which by this reference is made a part of this Agreement.

6. CITY is solely responsible for BICYCLE PATHWAY, including but not limited to the delineation, fencing, guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the BICYCLE PATHWAY by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility.

7. LEGAL RELATIONS AND RESPONSIBILITIES

7.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

7.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
91 08-SBD-15-PM 744-7.56
3 7.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

8. PREVAILING WAGES

8.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

8.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

9. INSURANCE

9.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $5 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the Project location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

9.2. Contractor’s Insurance - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during 92 08-SBD-15-PM 744-7.56
4 the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

10. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause. CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE and removal of PROJECT.

11. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 10 above.

PARTIES are authorized to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
93 08-SBD-15-PM 744-7.56
5 IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF FONTANA STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Acquanetta Warren
Mayor
Initiated and Approved
By: ___________________________
Mark Denny
City Manager
By: ___________________________
Jim A. Rogers
Deputy District Director
Maintenance District 08
ATTEST:

By: __________________________
Tonia Lewis
City Clerk
By: __________________________
Ruben Duran
City Attorney
Matthew C. Ballantyne
City Manager
Germaine McClellan Key
City Clerk 94
Draft date

EXHIBIT A

Plan map identifying the applicable I-15 (Freeway proper) and CITY facilities. 95 EXHIBIT C

TRAFFIC SIGNAL AND LIGHTING
Caltrans and CITY of Fontana
Effective ____________, 20____

BASIS OF COST DISTRIBUTION
State-Owned and Maintained
Billed by the State
Route and
PM
Location Type of
Facility
Cost Distribution
SR-210 7.44-

7.56 East Etiwanda
Creek BR 54-
0964R
LED Wall
Pack @80 FT
Spacing (Trail
Lighting)
State
0%
CITY
100%
96 SBD 210
I-15

RANCHO CUCAMONGA

FONTANA

EXHIBIT A
N
97 EXHIBIT A
N
LEGEND

AREA WITHIN STATE R/W LIMITS TO

BE MAINTAINED BY CITY OF FONTANA
LOCATION: EAST ETIWANDA CREEK

STATE R/W

CITY BOUNDARY

EXISTING BRIDGE

RETAINING WALL
98 EXHIBIT A
LOCATION: EAST ETIWANDA CREEK
LEGEND

AREA WITHIN STATE R/W LIMITS

TO BE MAINTAINED BY CITY OF FONTANA
99 EXHIBIT A

CONCRETE HEADER DETAIL

MULTIUSE PATH DETAIL
100

EXHIBIT A

CHAIN LINK FENCE DETAIL

TRAIL LIGHTING DETAIL
101

CABLE RAILING DETAIL

EXHIBIT A
102
EXHIBIT "B" 103
104
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1501 Agenda Date: 7/12/2022
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approval of Final Maps for Tract No. 20297 and Tract No. 20349 RECOMMENDATION:

Approve the Final Maps for Tract No 20297 and Tract No. 20349 located west of Hemlock Avenue and north of South Highland Avenue; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

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

DISCUSSION:

Tract No. 20297 and Tract No. 20349 are located west of Hemlock Avenue and north of South Highland Avenue. Tract No. 20297 is a multi-family subdivision and has a total of 107 detached condominium units. Tract No. 20349 is a multi-family subdivision and has a total of 61 detached condominium units.

Tentative Tract Map No. 20297 (TTM19-000011) and Tentative Tract No. 20349 (TTM20-000002) were conditionally approved by the City Council on November 10, 2020. All conditions precedent to submitting the final maps have been completed by the applicant. The subdivider, Richmond American Homes of Maryland, Inc. has complied with the Conditions of Approval and dedicated the required streets and easements as a part of the project. Both tract maps have been reviewed by the Interim City Engineer and found to be substantially correct.

In addition, an authorization is requested for the City Manager to enter into a Subdivision Agreement with the subdivider to guarantee the completion of required infrastructure in accordance with the Subdivision Map Act. These maps are now being brought to City Council for final approval.

FISCAL IMPACT:

This action will only approve the tract maps for recordation and authorize permits for the construction of development. As a result, there is no fiscal impact to City resources at this time.

MOTION:

City of Fontana Page 1 of 2 Printed on 7/5/2022
powered by Legistar™105
File #: 21-1501 Agenda Date: 7/12/2022
Agenda #: H. Category: Consent Calendar
Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/5/2022
powered by Legistar™106
107
108
109
Revised – KE -9/17/20

SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.:

THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and
("Subdivider"):

WHEREAS, the application for tentative Tract Map No. , was conditionally approved on ; and
WHEREAS, Subdivider is the owner of that certain parcel of land defined by the Final Map and Subdivider proposes to do and perform certain work of improvement thereon as set forth in this agreement; and
WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares acknowledgement the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and
WHEREAS, a Final Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:

1. General requirements:

Subdivider shall, at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer of the City of Fontana.

All required improvements have an estimated cost of construction totaling ____________________________________________________________ ($ ) as shown on Exhibit "A".

Improvements are shown on approved plans on file with City Engineer.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculation of the amount of securities 20297 & 20349 RICHMOND AMERICAN HOMES OF MARYLAND, INC. 20297 & 20349 NOVEMBER 10, 2020 ONE MILLION TWO THOUSAND NINE HUNDRED EIGHTY-EIGHTY AND 58/100 1,002,988.58 110
Revised – KE -9/17/20
required pursuant to the provisions of section (2), below. Subdivider’s obligation to complete the improvements, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider’s surety in connection with the securities required pursuant to the provisions of section (2), below.

2. Security:

Subdivider shall, at all times, guarantee its performance of this agreement by furnishing to City and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by City for the purposes and in the amounts as follows:
a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and
b. To secure payment to any contractor, sub-contractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and
c. To guarantee or warranty the work done pursuant to this agreement for a period of one (1) year following acceptance thereof by City Council of the City of Fontana against any defective work or labor done or defective materials furnished in the amount of 20% of the estimated cost of construction of the improvements; and
d. To warranty the setting of required subdivision monuments within oneyear following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". e. To guarantee the landscape maintenance of all landscape improvements for a period of one year (1) year following acceptance of thereof by the City.

The securities required by this agreement shall be kept on file with the City Clerk.

The terms of the security documents required by this agreement are hereby incorporated in this agreement by reference and copies attached hereto.

The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub-contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the 111
Revised – KE -9/17/20
City Council, less the total of all claims to which the City has been given proper notice.

Securities may be released upon the final completion and acceptance of the work subject to the provisions herein. The City Council, in its absolute discretion, may release a portion of the security given for faithful performance of the improvement work as the improvement progresses upon application thereof by the Subdivider.

3. Time of Completion:

All of the required improvements shall be completed within 24 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Subdivider shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay.

In addition to the extension for the reasons referenced in the foregoing paragraph, Subdivider may submit a written request, Exhibit “B”, for a discretionary extension of the time for completion of the improvements to the City Engineer.

The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If an extension of time is granted it shall in no way affect the validity of this contract or release the surety on the securities referenced herein.

In the event that Subdivider fails to complete the improvements within the required period or any approved extension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. If City pursues completion of the improvement work, it may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of the improvements.

Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Subdivider, or Subdivider’s surety pursuant to Section 2 of this Agreement, has provided the City Engineer with written notice of Subdivider’s intent to abandon or otherwise not complete the improvements.

4. Effective Date of Agreement:

This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted 112
Revised – KE -9/17/20
the Final Map for recordation by the County Recorder of the County of San Bernardino.

5. Utility Deposits - Statements:

Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and the City Engineer, signed by the Subdivider, and each public utility involved, to the effect that Subdivider has made all deposits legally required by such public utility for the connection/extension of any and all public serving utilities to be provided to or within the subdivision.

6. Permits - Compliance with Law:

Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses, pay all charges, fees and taxes, and give all necessary and incidental notices to the due and lawful prosecution of the work.

7. Definition and Ownership of Improvements:

The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of the City of Fontana. No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.

8. Obligations of Subdivider:

Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing all work on the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices.
113
Revised – KE -9/17/20

9. Superintendence by Subdivider:

Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory to the City Engineer, to supervise the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.

10. Repair and Replacements:

Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.

11. Inspection by City:

Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.

12. Approval by City Engineer.

All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security.

13. Liability for Performance Injury or Damage:

Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any 114
Revised – KE -9/17/20
cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.

14. Indemnification and Release:

Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending and claim arising as a result thereof. Minimum liability and property damage insurance shall not be less than $250,000 for all damages arising out of bodily injury to a death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any occurrence; and not less than $250,000 for all damages and/or destruction of property in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period.

Such policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. The policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation.

The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or non-performance of any of or all work to be done in and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and sub-contractors, while engaged in the performance if the work.

15. Liability of Subdivider:

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an 115
Revised – KE -9/17/20
acceptance and approval of any or all of the required improvements in said subdivision.

16. Relationship of Contractors:

It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, if any, are those of independent contractors.

17. Repair or Reconstruction of Defective Work:

If, within a period of up to one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements for work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labor and materials, or warranty obligations under this agreement.

18. Warranty:

Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, and the setting of all required Final Map monuments.

19. Assignment:

This agreement shall not be assignable by Subdivider without written consent of City.
116
Revised – KE -9/17/20
IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, having been duly executed by the Subdivider herein named on the day of , 20 being duly signed by its undersigned representative(s) pursuant to authority of its governing body.

SUBDIVIDER CITY OF FONTANA
By: By:

Mark Denny, City Manager

By: Attest:

Tonia Lewis, City Clerk

APPROVED AS TO FORM:

By:

Ruben Duran, City Attorney
APPROVED AS TO CONTENT:

By:

Ricardo Sandoval, City Engineer
Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities
22 Matthew Ballantyne, City Manager Germain McClellan Key, City Clerk Mike Thornton, Interim City Engineer 117
Revised – KE -9/17/20
Exhibit “A”
INSERT ENGINEER’S

COST ESTIMATE

IN THIS SPOT
118

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE ** EXHIBIT "A" **
SHEET 1
DATE: 11/16/21 PROJECT NAME Chow
DEVELOPER: STRATHAM HOMES TRACT NO. Tr. 20297 & 20349
ENGINEER: Allard Engineering PARCEL MAP NO.

PHONE NO.: (909) 356-1815

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER L. F. 17.00 0.00
8" CURB & GUTTER 1,044 L. F. 19.00 19,836.00
8" THICK CROSS GUTTER S. F. 11.00 0.00
4" SIDEWALK 6,766 S.F. 5.00 33,830.00
ACCESS RAMP 3 EA 2500.00 7,500.00
DRIVE WAY APPROACHES 720 S.F. 11.00 7,920.00
ASPHALT CONCRETE DIKES L.F. 11.00 0.00
FOG SEAL S.F. 0.10 0.00
IMPORTED EMBANKMENT C.Y. 10.00 0.00
PREPARATION OF SUBGRADE S.F. 0.50 0.00
*A.C. 763 TON 90.00 68,670.00
*GRIND A.C. OVERLAY (1" MI. THICKNESS) 10,632 S.F. 0.80 8,505.60 **PCC CURB ONLY (MEDIAN) L.F. 16.00 0.00
ADJUST SWR/SD MANHOLE TO GRADE 5 EA 500.00 2,500.00
ADJUST SEWER CLEAN OUT TO GRADE EA 300.00 0.00
ADJUST WATER VALVES TO GRADE 5 EA 250.00 1,250.00
BARRICADES EA 40.00 0.00
2 X 4 REDWOOD HEADER L.F. 5.00 0.00
*REMOVAL OF A.C. PAVEMENT S.F. 0.66 0.00
6 PACK INTERCONNECT INCL. WIRE LF 40.00 0.00
4" RIGID CONDUIT L.F. 40.00 0.00
P48 SPLICE BOX AT 400' INTERVAL EA 500.00 0.00
8" CURB ONLY L.F. 17.00 0.00
AGGREGATE BASE 936 TON 30.00 28,080.00
GUARD POSTS TON 70.00 0.00
GUARD PANEL (WOOD) L.F. 40.00 0.00
SAWCUT 1,943 L.F. 3.50 6,800.50
REFLECTORS AND POSTS EA 100.00 0.00
STREET/STOP SIGNS EA 250.00 0.00
STREET IMPROVEMENTS SUBTOTAL 184,892.10
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
Offsites
I:\Stratham Homes-129\Chow Property- Fontana\Project Admin\Cost Estimates\Off-Site - S. Highland Avenue SD, SW and ST.xlsx By: Keith Tolliver
Date: 12/09/2021
Doc: APPROVED COST
ESTIMATE APPROVED DEPARTMENT OF ENGINEERING 119
SHEET 2

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 12" PVC L.F. 30.00 0.00
* 18" PVC L.F. 50.00 0.00
* 18" RCP 27 L.F. 90.00 2,430.00
* 24" RCP 299 L.F. 110.00 32,890.00
* 30" RCP 45 L.F. 200.00 9,000.00
* 36" RCP 631 L.F. 220.00 138,820.00
* 42" RCP L.F. 240.00 0.00
* 48" RCP L.F. 260.00 0.00
* 54" RCP L.F. 280.00 0.00
* 60" RCP L.F. 300.00 0.00
* 66" RCP L.F. 320.00 0.00
* 78" RCP L.F. 340 0.00
* 24" CMP L.F. 90 0.00
* 60" CMP L.F. 320.00 0.00
CATCH BASIN/CURB INLET:

W = 7 1 EA 4,000.00 4,000.00
W = 10 EA 4,500.00 0.00
W = 12 EA 4,000.00 0.00
W = 16 EA 6,000.00 0.00
W = 21 11,000.00 0.00
W = 28 EA 14,000.00 0.00
TRANSITION STRUCTURE 1 EA 3,200.00 3,200.00
JUNCTION STRUCTURE 2 EA 3,200.00 6,400.00
GRATE INLET STRUCTURE LF 2,100.00 0.00
MANHOLES 3 EA 2,500.00 7,500.00
LOCAL DEPRESSION 1 EA 1,250.00 1,250.00
DISCHARGE STRUCTURE EA 2,800.00 0.00
HEADWALL/WINGWALL EA 3,000.00 0.00
RIP RAP EA 500.00 0.00
TRASH RACK EA 500.00 0.00
24" RCP LATERAL AND CMP RISER EA 5,000.00 0.00
STORM DRAIN IMPROVEMENT SUBTOTAL 205,490.00
* REINFORCE CONCRETE PIPE
SHEET 3

SANITARY SEWER IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA 4,500.00 0.00
MANHOLES 48" DIAMETER 4 EA 4,000.00 16,000.00
DROP MANHOLES EA 4,500.00 0.00
WYES EA 100.00 0.00
I:\Stratham Homes-129\Chow Property- Fontana\Project Admin\Cost Estimates\Off-Site - S. Highland Avenue SD, SW and ST.xlsx 120
CLEANOUTS 2 EA 600.00 1,200.00
REMODELING OF EXISTING MANHOLE: EA 950.00 0.00
BACKWATER VALVES EA 25.00 0.00
** 4" VCP L.F. 50.00 0.00
** 6" VCP L.F. 60.00 0.00
** 8" VCP 949 L.F. 70.00 66,430.00
** 10" VCP L.F. 80.00 0.00
** 12" VCP L.F. 90.00 0.00
** 15" VCP L.F. 100.00 0.00
SANITARY SEWER IMPROVEMENT SUBTOTAL 83,630.00
** VITRIFIED CLAY PIPE
SHEET 4

TRAFFIC SIGNALS/ SIGNS/ STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 50,000.00 0.00
TWO CORNERS L.S. 100,000.00 0.00
TRAFFIC SIGNAL NEW L.S. 250,000.00 0.00
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 0.00
PAINT TRAFFIC STRIPE (2 COATS) 296 L.F. 0.65 192.40
PEDESTRIAN CROSSWALK STRIPPING L.F. 0.65 0.00
PAVEMENT MARKER (NON REFLECTIVE) EA 2.50 0.00
PAVEMENT MARKER (REFLECTIVE) EA 4.00 0.00
STREET SIGNS EA 250.00 0.00
REFLECTORS AND POSTS EA 100.00 0.00
MISC STRIPING EA 20,000.00 0.00
STOP BAR AND LEGEND STRIPING EA 100.00 0.00
STOP SIGNS EA 80.00 0.00
TRAFFIC SIGNAL/ SIGNS/ STRIPING SUBTOTAL 192.40
SHEET 5

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED 16,000 S.F. 12.00 192,000.00
CENTER MEDIAN 4600 S.F. 12.00 55,200.00
LANDSCAPING IMRPOVEMENTS SUB TOTAL 247,200.00
SUB TOTALS:

STREET IMPROVEMENT SUB TOTAL: 184,892.10
STORM DRAIN IMPROVEMENTS SUB TOTAL: 205,490.00
SANITARY SEWER IMPROVEMENTS SUBTOTAL: 83,630.00
TRAFFIC SIGNAL/SIGNS/STRIPPING SUBTOTAL: 192.40
IMPROVEMENT SUBTOTAL: 474,204.50
(*USE THIS TOTAL FOR PLAN CHECK AND PERMITTING PURPOSES*) I:\Stratham Homes-129\Chow Property- Fontana\Project Admin\Cost Estimates\Off-Site - S. Highland Avenue SD, SW and ST.xlsx 121
CFD LANDSCAPE IMPROVEMENTS: 247,200.00
SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT 6,550.00 STREET LIGHTS 3@ $5,000 15,000.00

CUCAMONGA COUNTY WATER DISTRICT

FACILITIES
IMRPOVEMENTS SUB TOTAL 742,954.50
ADD 35% 260,034.08
BONDING TOTAL: 1,002,988.58
Storm Drain Improvement Plan -DWG No. 6136
Sewer Improvement Plan -DWG No. 6135
Street Improvement Plan -DWG No. 6134
I:\Stratham Homes-129\Chow Property- Fontana\Project Admin\Cost Estimates\Off-Site - S. Highland Avenue SD, SW and ST.xlsx By: Keith Tolliver
Date: 12/09/2021
Doc: APPROVED COST
ESTIMATE APPROVED DEPARTMENT OF ENGINEERING 122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1440 Agenda Date: 7/12/2022
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the Citrus Avenue at Ceres Avenue Traffic Signal Project RECOMMENDATION:

1. Award and authorize the City Manager to execute a construction contract with Dynalectric for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project in the amount of $650,088.00 and authorize a 10% contingency in the amount of $65,008.80 (Bid No. SB-71-DE-22).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Citrus Avenue at Ceres Avenue Traffic Signal Project.

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

DISCUSSION:

The City determined the need for a new traffic signal at the intersection of Citrus Avenue and Ceres Avenue to aid in circulation and ease congestion. This project is a component of a comprehensive transportation improvement and traffic management program. Due to its close proximity to the railroad, the project will not only construct a traffic signal at the intersection, but it will also include the installation of a signal at the at-grade Metrolink crossing just north of the intersection to prevent vehicular queuing across tracks.

On May 26, 2022 at 2:00 p.m. the bids for this contract were opened. A total of eight (8) bids were received ranging from $650,088.00 to $944,436.00. Dynalectric is the lowest bidder in the amount of $650,088.00. The Engineer's estimate was $720,000.00. After reviewing the proposed bid documents and performing reference checks, Engineering staff has determined Dynalectric to be the lowest and responsible bidder.

City of Fontana Page 1 of 2 Printed on 7/5/2022
powered by Legistar™138
File #: 21-1440 Agenda Date: 7/12/2022
Agenda #: I. Category: Consent Calendar
FISCAL IMPACT:

The project is possible through the current Local Measure I Program. The project is funded in Fiscal Year 2021-2022 in Local Measure I Fund No. 246 in Project No. 3355, Citrus-Ceres Traffic Signal Project.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/5/2022
powered by Legistar™139
N
0 1 inch = 600 feet
600 1200

PROJECT LOCATION

CITRUS AVE AND CERES AVE TRAFFIC SIGNAL PROJECT
140
Bid Results
Citrus Avenue at Ceres Avenue Traffic Signal Project
SB-71-DE-22

1. Dynalectric $650.088.00
Los Alamitos, CA

2. Crosstown Electrical & Data, Inc. $673,287.00
Irwindale, CA

3. CALPROMAX Engineering, Inc. $685,300.00
Placentia, CA

4. Diamond Construction $706,567.00
La Habra, CA

5. Elecnor Belco Electric, Inc. $745,673.00
Chino, CA

6. PTM General Engineering Services, Inc. $765,056.00
Riverside, CA

7. DBX, Inc. $940,330.00
Temecula, CA

8. California Professional Engineering, Inc. $944,436.00 La Puente, CA
141
City of Fontana
CITRUS AVENUE AT CERES AVENUE TRAFFIC SIGNAL PROJECT (SB-71-DE-22), bidding on 05/26/2022 2:00 PM (PDT)

Printed 05/26/2022
PlanetBids, Inc.
142
City of Fontana
CITRUS AVENUE AT CERES AVENUE TRAFFIC SIGNAL PROJECT (SB-71-DE-22), bidding on 05/26/2022 2:00 PM (PDT)

Printed 05/26/2022
PlanetBids, Inc.
143
City of Fontana
CITRUS AVENUE AT CERES AVENUE TRAFFIC SIGNAL PROJECT (SB-71-DE-22), bidding on 05/26/2022 2:00 PM (PDT)

Printed 05/26/2022
PlanetBids, Inc.
144
City of Fontana
CITRUS AVENUE AT CERES AVENUE TRAFFIC SIGNAL PROJECT (SB-71-DE-22), bidding on 05/26/2022 2:00 PM (PDT)

Printed 05/26/2022
PlanetBids, Inc.
145
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1482 Agenda Date: 7/12/2022
Agenda #: J. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the West Liberty Parkway at Miller Avenue Traffic Signal Project.

RECOMMENDATION:

1. Approve and authorize the City Manager to execute a construction contract with Crosstown Electrical and Data, Inc. for the construction of the West Liberty Parkway at Miller Avenue Traffic Signal Project in the amount of $519,383.00 and authorize a 10% contingency in the amount of $51,938.30 (Bid No. DB-07-DE-22).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the West Liberty Parkway at Miller Avenue Traffic Signal Project.

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

DISCUSSION:

This project is a component of a comprehensive transportation improvement and traffic management program. Engineering staff regularly conducts studies of intersections throughout the City to determine the need for new traffic signals to aid in circulation and ease congestion. Traffic volumes and pedestrian movements at the intersection of West Liberty Parkway at Miller Avenue are high during peak conditions. This intersection is identified on the City’s Traffic Signal Priority List.

Implementation of a traffic signal at this intersection will improve traffic flow and enhance pedestrian safety. The City will construct the traffic signal with an interconnection with the traffic signal for the intersection of East Avenue at Miller Avenue in the City of Rancho Cucamonga, allowing for a coordinated timing plan along Miller Avenue. The intersection pavement surface, roadway signage, and traffic striping will also be improved with this project.

On May 26, 2022, at 2:00 p.m., bids for this contract were opened. A total of ten (10) bids were received ranging from $519,383.00 to $573,072.00. Crosstown Electrical and Data, Inc. submitted City of Fontana Page 1 of 2 Printed on 7/5/2022
powered by Legistar™146
File #: 21-1482 Agenda Date: 7/12/2022
Agenda #: J. Category: Consent Calendar
the apparent lowest bid in the amount of $519;383.00. The Engineer's estimate is $533,379.00.

After reviewing the proposed bid documents and performing the reference checks, Engineering staff has determined Crosstown Electrical and Data, Inc. to be the lowest responsible and responsive bidder.

FISCAL IMPACT:

The cost associated with this project of $571,321.3 and is possible through the current Local Measure I Program. The project was funded in Fiscal Year 2021-2022 in Local Measure I Fund No. 246 and in Circulation Mitigation Fund No. 630 in Project No. 0002, West Liberty-Miller Traffic Signal Project and will be carried forward to Fiscal Year 2022-23 in the first quarter budget report.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/5/2022
powered by Legistar™147
N
0 1 inch = 600 feet
600 1200

WEST LIBERTY PARKWAY AND MILLER AVENUE

TRAFFIC SIGNAL PROJECT
SB-07-DE-22

PROJECT LOCATION
148
Bid Results
West Liberty Parkway at Miller Avenue Traffic Signal Project SB-07-DE-22

1. Crosstown Electrical & Data, Inc.

Irwindale, CA
$519,383.00

2. Diamond Construction
La Habra, CA
$521,713.00

3. Alfaro Communications Construction
Compton, CA
$523,676.62

4. CALPROMAX Engineering, Inc.

Placentia, CA
$524,958.50

5. PTM General Engineering Services, Inc.

Riverside, CA
$526,026.00

6. Dynalectric
Los Alamitos, CA
$549,610.00

7. Comet Electric
Chatsworth, CA
$556,367.00

8. Elecnor Belco Electric, Inc.

Chino, CA
$559,294.00

9. DBX, Inc.

Temecula, CA
$567,322.00

10. California Professional Engineering, Inc.

La Puenta, CA
$573,072.00
149
City of Fontana
W. LIBERTY PARKWAY AT MILLER AVENUE TRAFFIC SIGNAL PROJECT (SB-07-DE-22), bidding on 05/26/2022 2:00 PM (PDT)

Printed 05/26/2022
PlanetBids, Inc.
150
City of Fontana
W. LIBERTY PARKWAY AT MILLER AVENUE TRAFFIC SIGNAL PROJECT (SB-07-DE-22), bidding on 05/26/2022 2:00 PM (PDT)

Printed 05/26/2022
PlanetBids, Inc.
151
City of Fontana
W. LIBERTY PARKWAY AT MILLER AVENUE TRAFFIC SIGNAL PROJECT (SB-07-DE-22), bidding on 05/26/2022 2:00 PM (PDT)

Printed 05/26/2022
PlanetBids, Inc.
152
City of Fontana
W. LIBERTY PARKWAY AT MILLER AVENUE TRAFFIC SIGNAL PROJECT (SB-07-DE-22), bidding on 05/26/2022 2:00 PM (PDT)

Printed 05/26/2022
PlanetBids, Inc.
153
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1491 Agenda Date: 7/12/2022
Agenda #: K. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project.

RECOMMENDATION:

1. Award and authorize the City Manager to execute a construction contract with Gentry General Engineering Inc. for the construction of the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project in the amount of $883,050.00 and authorize a 10% contingency in the amount of $88,305.00 (Bid No. SB-89-DE-22).

2. Appropriate $35,000.00 from Local Measure I Fund No. 246 to the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project No. 3341.

3. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project. 01111111111111123456789kdjvdjv1100 COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

This project is a component of a comprehensive transportation improvement and traffic management program. The intersection currently exists as a fully signalized intersection with an exclusive pedestrian phase and diagonal crossing. The City of Fontana will upgrade/reconstruct the intersection by installing new signal poles and a flashing yellow arrow to indicate permissive left turn movements, increasing the radii of existing curb ramps and modifying existing street improvements, as needed, to conform to ADA requirements and improve turning movements.

City of Fontana Page 1 of 2 Printed on 7/5/2022
powered by Legistar™154
File #: 21-1491 Agenda Date: 7/12/2022
Agenda #: K. Category: Consent Calendar
On June 2, 2022 at 2:00 p.m. the bids for this contract were opened. A total of eleven (11) bids were received ranging from $876,055.00 to $1,011,968.00. After reviewing all submissions, Purchasing determined that the apparent low bid in the amount of $876,055.00, submitted by Diamond Construction, was Non-Responsive. It was deemed Non-Responsive due to the apparent low bidder’s contract work not being at least 50% of the contract price, as required by the bid documents.

Purchasing notified Diamond Construction on June 14, 2022 of the non-responsive determination.

After further review, the second lowest bidder, Gentry General Engineering Inc, was determined to be the lowest responsive and responsible bidder in the amount of $883,050.00. The Engineer's estimate was $880,000.00. After reviewing the proposed bid documents and performing reference checks, Engineering staff has determined Gentry General Engineering Inc to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The project is possible through the current Local Measure I Program. The project is funded in Fiscal Year 2021-2022 in Local Measure I Fund No. 246 in Project No. 3341, N. Cherry at Live Oak Traffic Signal Modification Project. An additional appropriation of $35,000.00 from Local Measure I Fund No. 246 will be included with the Fiscal Year 2022/2023 First Quarter budget request.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/5/2022
powered by Legistar™155
N
0 1 inch = 600 feet
600 1200

NORTH CHERRY AVENUE AT LIVE OAK AVENUE

TRAFFIC SIGNAL MODIFICATION PROJECT

PROJECT LOCATION
156
Bid Results
N. Cherry Avenue at Live Oak Avenue Traffic Signal
Modification Project
SB-89-DE-22

1. Diamond Construction (Non-Responsive) $876,055.00
La Habra, CA

2. Gentry General Engineering $883,050.00
Rancho Cucamonga, CA

3. KDC Inc. $887,100.00
Los Alamitos, CA

4. CALPROMAX Engineering, Inc. $916,645.00
Placentia, CA

5. Comet Electric $925,476.00
Chatsworth, CA

6. International Line Builders $926,511.00
Corona, CA

7. Elecnor Belco Electric $938,511.00
Chino, CA

8. PTM General Engineering Services, Inc. $ 969,069.00
Riverside, CA

9. Alfaro Communications $995,080.67
Compton, CA

10. California Professional Engineering, Inc. $ 1,004,979.57 La Puente, CA

11. Ferreira Coastal Construction $ 1,011,968.00
Rancho Cucamonga, CA
157
City of Fontana
N. CHERRY AVENUE AT LIVE OAK AVENUE TRAFFIC SIGNAL MODIFICATION (SB-89-DE-22), bidding on 06/02/2022 2:00 PM (PDT)

Printed 06/14/2022
PlanetBids, Inc.
158
City of Fontana
N. CHERRY AVENUE AT LIVE OAK AVENUE TRAFFIC SIGNAL MODIFICATION (SB-89-DE-22), bidding on 06/02/2022 2:00 PM (PDT)

Printed 06/14/2022
PlanetBids, Inc.
159
City of Fontana
N. CHERRY AVENUE AT LIVE OAK AVENUE TRAFFIC SIGNAL MODIFICATION (SB-89-DE-22), bidding on 06/02/2022 2:00 PM (PDT)

Printed 06/14/2022
PlanetBids, Inc.
160
City of Fontana
N. CHERRY AVENUE AT LIVE OAK AVENUE TRAFFIC SIGNAL MODIFICATION (SB-89-DE-22), bidding on 06/02/2022 2:00 PM (PDT)

Printed 06/14/2022
PlanetBids, Inc.
161
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1496 Agenda Date: 7/12/2022
Agenda #: L. Category: Consent Calendar
FROM:

Housing
SUBJECT:

CalHome Program Resolution Authorizing Submittal of Application and Other Grant Related Documents
RECOMMENDATION:

1. Adopt Resolution No. 2022-066 authorizing the submittal of a $500,000 application to the California State Department of Housing and Community Development (HCD) for funding provided under the CalHome Program Notice of Available Funding (NOFA).

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt and execution of CalHome Program funds.

COUNCIL GOALS:
· To concentrate on inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

The Department of Housing and Community Development (HCD) released a $57M Notice of Funding Availability (NOFA) in conjunction with the CalHome Program on September 21, 2021. The intent of the CalHome Program is to encourage property rehabilitation and neighborhood revitalization.

This NOFA specifically provided for the rehabilitation of owner-occupied single-family and mobile homes. The Housing Department requested authorization to apply for a $500,000 allocation of CalHome funds on October 26, 2021 and was subsequently awarded the full amount by HCD on April 18, 2022. The City of Fontana would utilize the program funds as follows:
· Qualified homes must be located within the City of Fontana. · Owner-occupied single-family and mobile homes are eligible for assistance. Priority will be given to owner-occupied mobile homes.
· Homeowners must have a combined household income of not more than 80% of median income (“lower” income), adjusted for family size.
· The City of Fontana would provide loans to homeowners in an amount of $25,000. In cases of extreme hardship, higher amounts may be considered on a case-by-case basis by the Housing Manager.
· Loans will be 20-year, 0% interest and forgiven between years 10 and 20, if it continues to be owner-occupied.
· Loans can only be utilized for property rehabilitation to meet Health & Safety standards and City of Fontana Page 1 of 2 Printed on 7/5/2022
powered by Legistar™162
File #: 21-1496 Agenda Date: 7/12/2022
Agenda #: L. Category: Consent Calendar
any other necessary repairs, not for items considered luxury or non-essential (pools, spas, landscaping enhancements, room additions, etc.).
· It is anticipated that approximately 25-30 loans a year will be funded over a three (3) year period.
· The City of Fontana will be requesting $500,000 in program assistance from CalHome. Per HCD application requirements, the resolution must be for $1 million (twice as much of application request).

This program will allow the City to assist a part of the community that does not qualify for other City programs.

The original resolution was recognized on October 26, 2021, File #21-964. The California Department of Housing and Community Development has requested the City of Fontana to update Resolution No. 2021-109, Section #3, to authorize the City Manager, or City Manager’s designee, to execute CalHome related documents on behalf of the City.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in CalHome funds in the amount of $500,000. The required budget adjustments will be included in the FY2021-22 4th Quarter Budget Report for Fund 301, Project # 30200018.

MOTION:

Approve Staff Recommendation
City of Fontana Page 2 of 2 Printed on 7/5/2022
powered by Legistar™163

RESOLUTION NO. 2022-066

A RESOLUTION OF THE CITY OF FONTANA HEREBY

AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE

CALIFORNIA STATE DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE
CALHOME PROGRAM; THE EXECUTION OF A STANDARD

AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY
AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS
NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM.

WHEREAS, the City of Fontana wishes to apply for and receive an allocation of funds through the CalHome Program; and
WHEREAS, the California Department of Housing and Community Development (hereinafter referred to as "HCD") has issued a Notice of Funding Availability ("NOFA") on September 21, 2021 for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (the "statute"). Pursuant to the statute, HCDis authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004; and
WHEREAS, the City of Fontana wishes to submit an application to obtain from HCD an allocation of CalHome funds in the amount of $1,000,000.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FONTANA
DOES HEREBY RESOLVE AND FIND AS FOLLOWS:

Section 1. The City of Fontana shall submit to HCD an application to participate in the CalHome Program in response to the NOFA issued on September 21, 2021, which will request a funding allocation for the following activities: To provide loans for Owner-Occupied Rehabilitation Assistance (the rehabilitation of owner-occupied single-family homes). Said loans shall be restricted to families with combined householdincomes at or below 80% of the area median income (AMI). The loans shall be for projects located within the city boundaries of the City of Fontana.

Section 2. If the application for funding is approved, the City of Fontana hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City of Fontana 164
Resolution No. 2021-

acknowledges and agrees that it may be required to execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.

Section 3. The City Council of the City of Fontana authorizes the City Manager, or City Manager’s designee, to execute in the name of the City of Fontana the application, the Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents required by HCD for participation in the CalHome Program, and any amendments thereto.

APPROVED AND ADOPTED this 12th day of July, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 12th day of July, 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
165
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1506 Agenda Date: 7/12/2022
Agenda #: M. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Contract with Sysco Corporation for produce, product supplies and delivery service for the Fontana Community Senior Center
RECOMMENDATION:

Authorize the Purchasing Office to “piggyback” the Sourcewell National Contract #111621-SYC for purchase of Food Service Products from Sysco Corporation and issue a purchasing contract.

COUNCIL GOALS:

To operate in a businesslike manner by becoming more service oriented.

To increase citizen involvement by promoting healthy lifestyle opportunities to Fontana residents of all ages.

DISCUSSION:

The Management Services Department, on behalf of the Community Services Department, is seeking to enter a purchasing contract for food purchases, product supplies and delivery service for the City’s Fontana Community Senior Center Nutrition Program and other various city special events and programs. The contract period is for one year (FY 2022-2023) with four (4) additional one-year periods (FY 2023-2024, FY 2024-2025, FY 2025-2026, FY 2026-2027) at the City’s sole direction.

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 Sysco Corporation and the City for food service products.

FISCAL IMPACT:

Funding in the amount of $195,650.00 for this program is included in the City’s adopted FY 2022- 2023 General Fund Operating Budget (Budget Unit 10124252).

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/5/2022
powered by Legistar™166
111621-SYC
Rev. 3/2021 1
Solicitation Number: RFP #111621

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Sysco Corporation, 1390 Enclave Parkway, Houston, TX 77077 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to eligible entities. Participation in this contract is open to eligible School Food Authorities (SFA) as defined in 7 C.F.R. §210.2 (Participating Entity).

Sourcewell issued a public solicitation for Food Products and Distribution for School Food Authorities with Related Supplies, Technology, and Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires February 1, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to three times, for one additional year each, upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 







 





167
111621-SYC
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. All products distributed, sold, and priced by Supplier will comply with applicable federal, state, and local laws, including but not limited to the FDA Hazard Analysis Critical Control Points (HACCP) guidelines and any state and local laws relating to the storage and delivery of food products in and from the Supplier and any distribution centers. As of the date of delivery to the Participating Entity, products will not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended, nor will any products violate or cause a violation of any applicable law, ordinance, rule, regulation, or order.

Any manufacturer’s warranty, on non-food equipment or products furnished by Supplier, will be passed on to the Participating Entity as allowed by the warranty terms.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. 







 





168
111621-SYC
Rev. 3/2021 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;








 





169
111621-SYC
Rev. 3/2021 4
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

To access this Contract, a Participating Entity must (a) be located within the Supplier’s service area, (b) satisfy Supplier’s credit requirements, and (c) sign a participation agreement in a form acceptable to Supplier agreeing that the Participating Entity is bound to the terms and conditions of the contract between Supplier and Vizient, upon which Supplier’s pricing is based.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. Supplier and any party conducting work onsite at a Participating Entity will follow all policies and procedures relating to the prohibition of any tobacco or alcohol products in support of a tobacco and alcohol/drug free environments. 







 





170
111621-SYC
Rev. 3/2021 5
C. LOCAL GROWERS. Participating Entities may support the use of local sources in procuring food items. Supplier agrees it will make efforts to make local products available as part of this Contract.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 







 





171
111621-SYC
Rev. 3/2021 6

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the geographic location of the Participating Entity making the purchase.

F. PRODUCT RECALLS. Participating Entities have the right to recall any product which they have reason to believe may not comply with specifications contained in this RFP and/or requirements of the Federal government. Supplier warrants that it possesses the means to enable it, or any product supplier or distributor it engages in the performance of this contract, to implement product recalls based upon lot numbers of products. Supplier will immediately notify Participating Entity of any product recalls contained within purchases made under this Contract. Supplier will be responsible, at its own cost, for the removal and disposition of all recalled products that are defective on delivery to a Participating Entity in compliance with all applicable laws, rules or regulations and Participating Entity’s reasonable instructions.

Participating Entity will assist Supplier in providing information needed to implement a product recall.

G. REBATES. All rebates available through any applicable federal, state or supplier program for any eligible food purchases are retained by Participating Entity making purchases utilizing this Contract. Sourcewell is not entitled to and does not receive or retain any rebate amount derived from eligible purchases made by a Participating Entity under this Contract.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.








 





172
111621-SYC
Rev. 3/2021 7

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. 







 





173
111621-SYC
Rev. 3/2021 8
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. Sourcewell or a Participating Entity will provide at least thirty days advance written notice of the audit and will conduct such audit at Supplier’s location.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. 







 





174
111621-SYC
Rev. 3/2021 9
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any third-party claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, to the extent arising out of any negligence or intentional misconduct, whether by act or omission, in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.








 





175
111621-SYC
Rev. 3/2021 10

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 







 





176
111621-SYC
Rev. 3/2021 11

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.








 





177
111621-SYC
Rev. 3/2021 12

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000








 





178
111621-SYC
Rev. 3/2021 13

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.








 





179
111621-SYC
Rev. 3/2021 14
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

C. SCHOOL FOOD PROGRAM COMPLIANCE. Supplier certifies that it will use commercially reasonable efforts to ensure that food products, processes, services, and solutions in this Contract meet State and Federal guidelines, regulations, and laws applicable to schools and institutions participating in the National School Lunch Program (NSLP), Child Nutrition Programs, the Nutrition Services Incentive Program, or any other applicable program. All applicable laws, regulations, and requirements are incorporated in this Contract. All items included in this Contract must conform to the standards published in the USDA Food-Buying Guide for the School Lunch Program. All meats offered in this Response shall be USDA inspected. Supplier must follow the most current version of the FDA’s food security guidance in performance of this Contract.

D. FOOD PACKAGING. Supplier certifies that it will use commercially reasonable efforts to ensure that all products offered under this Contract are packed under continuous USDA inspection where applicable, and all packaging is approved by the USDA and the Food and Drug Administration for contact with food and conforms to USDA labeling requirements. Where applicable, Suppliers must hold Hazard Analysis and Critical Control Program certification and must provide documentation of this certification as requested by a Participating Entity.

E. NUTRITION INFORMATION. Upon request Supplier must make available nutritional information and ingredient statements for all market basket items and any additional items included or offered under the Contract within seven days. Upon request Supplier must provide certification of Child Nutrition Labeling and/or the equivalent meal USDA contribution within seven days.

F. PERISHABLE AGRICULTURAL COMMODITIES. All perishable agricultural commodities sold to Supplier are sold subject to the statutory trust authorized by Section 5(c) of the Perishable Agricultural Commodities Act, 1930 (PACA) (7 U.S.C. §499e(c)). The seller of these commodities 







 





180
111621-SYC
Rev. 3/2021 15
retains a trust claim over these commodities and all inventories of food or other products derived from these commodities until full payment is received.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, 







 





181
111621-SYC
Rev. 3/2021 16
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier 







 





182
111621-SYC
Rev. 3/2021 17
certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are 







 





183
111621-SYC
Rev. 3/2021 18
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.








 





184
111621-SYC
Rev. 3/2021 19
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Sysco Corporation
By: __________________________ By: __________________________ Jeremy Schwartz Greg Keller
Title: Chief Procurement Officer Title: Senior Vice President of National Sales Date: ________________________ Date: ________________________ 







 












 





185
111621-SYC
Rev. 3/2021 20
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________








 











186
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1524 Agenda Date: 7/12/2022
Agenda #: N. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

A Request to make Departmental Name Changes
RECOMMENDATION:

Approve staff recommendation to make changes to certain department names as follows:
· Change Management Services Department to Finance Department · Change City Clerk Office to City Clerk Department
· Change Information Technology to Innovation and Technology · Change Code Enforcement to Code Compliance
· Eliminate Community Development
COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To operate in a businesslike manner by correcting problems immediately.

DISCUSSION:

After assessing city department names for accuracy and applicability to their city functions, and in consideration of common regional naming conventions, staff has determined that several department names should be changed.

The recommended changes are as follows:

Management Services Department to Finance Department - Years ago the Management Services Department oversaw other divisions such as Human Resources and Information Technology. These other divisions are now independent departments, and the Management Services Department now provides for the functions and services of a traditional Finance Department.

City Clerk Office to City Clerk Department - The term Office is inconsistent with this departments role and can be confusing with respect to the department’s functions within the city. Additionally, the City Clerk Office functions as a department with a department head and departmental responsibilities and staff.

Information Technology Department to Innovation and Technology Department - The term Information Technology is an outdated reference to a time when the Information Technology Department had limited impact and interaction with city wide functions. Today the Information Technology Department is a change advocate across the city and a partner in applying technology to develop innovative solutions to business challenges.

Code Enforcement to Code Compliance - This change more accurately reflects the relationship this City of Fontana Page 1 of 2 Printed on 7/7/2022
powered by Legistar™187
File #: 21-1524 Agenda Date: 7/12/2022
Agenda #: N. Category: Consent Calendar
Code Enforcement to Code Compliance - This change more accurately reflects the relationship this department has with the community and makes clear the goal of helping potential offenders remain in compliance with city ordinances.

Elimination of Community Development - The Community Development Department is the parent organizational entity over Building & Safety, Engineering, and Planning. To reduce unnecessary organizational infrastructure and to improve efficiency and communication, each department will operate as independent departments. Their functions will not change, there will just be one less organizational layer.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation to change department names as follows:
· Change Management Services Department to Finance Department · Change City Clerk Office to City Clerk Department
· Change Information Technology to Innovation and Technology · Change Code Enforcement to Code Compliance
· Eliminate Community Development
City of Fontana Page 2 of 2 Printed on 7/7/2022
powered by Legistar™188
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1499 Agenda Date: 7/12/2022
Agenda #: O. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Expanded Learning Opportunities Program for Transitional Kindergarten Agreement between the City and Fontana Unified School District
RECOMMENDATION:

1. Approve the Expanded Learning Opportunities Program (ELO-P) for Transitional Kindergarten (TK) Agreement with the Fontana Unified School District.

2. Authorize the City Manager or designee to sign the Agreement, all related documents, and any amendments for the term of the Agreement, upon the Fontana Unified School District approval of theAgreement.

3. Approve an additional appropriation in the amount of $453,690.00 in Fund 387 for FY 2022-2023.

4. Approve additional new hires as follows: one (1) Community Services Coordinator, one (1) Administrative Technician, six (6) After School Community Services Assistants (at levels I, II, and/or III, based upon candidates’ qualifications).

COUNCIL GOALS:
· To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents. · To concentrate on inter-governmental relations by pursuing financial participation from county, state and federal governments.
· To increase citizen involvement by promoting healthy lifestyle opportunities to Fontana residents of all ages.

DISCUSSION:

The City of Fontana Community Services Department (CSD), in collaboration with the Fontana Unified School District (FUSD), is proposing a new program to serve community members taking part in the Fontana Unified School District’s implementation of the Expanded Learning Opportunities Program (ELO-P). The ELO-P provides State funding for after school and summer school City of Fontana Page 1 of 3 Printed on 7/5/2022
powered by Legistar™189
File #: 21-1499 Agenda Date: 7/12/2022
Agenda #: O. Category: Consent Calendar
Program (ELO-P). The ELO-P provides State funding for after school and summer school enrichment programs for transitional kindergarten through sixth grade. Programs that qualify for the funding may include before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences.

The City Fontana Expanded Learning Program (FELP) is currently in its 15th year of collaboration with the Fontana Unified School District (FUSD) as the provider of the After School Education and Safety Grant (ASES) program and has expanded operations to include ELO-P activities through FY2023-2024 per an existing contract and subsequent amendments.

This proposal, is to specifically work with Transitional Kindergarten (TK) students at two City Community Centers, providing additional contract services to FUSD in a program modeled after the existing City Tiny Tot program. The CSD Facilities Division provides the Tiny Tot Program (for ages 3 to 5), a recreation activity providing basic instruction on letters, numbers, shapes, colors, and socialization and this program is recommended to be expanded and developed to provide additional contract services for the ELO-P that is hosted by FUSD for their TK students.

The services provided by City to FUSD for the ELO-P TK program listed herein, will be implemented like the existing ASES program is administered by FELP. The program will be offered to TK FUSD students at the Cypress Neighborhood Center (8380 Cypress Avenue, Fontana, CA 92335) and at the Don Day Neighborhood Center (14501 Live Oak Avenue, Fontana, CA 92337).

The initial term of this Agreement is FY2022-2023 (July 1, 2022 - June 30, 2023) as a “pilot” program.

FUSD and City will evaluate the program in January of 2023 to consider a term extension. It is expected that this program will be extended by a multi-year agreement including a possible expansion to additional City facilities. Funding in the amount of $453,690.00 will cover staffing and programmatic costs and will be 100% reimbursable to City by FUSD through State grants/funding sources.

The proposed Agreement will allow the City to:
· Host FUSD TK students, with a maximum student to staff ratio of 10:1, at the Cypress Neighborhood Center and at the Don Day Neighborhood Center. § Providing services on all FUSD calendar school days, Monday through Friday after normal school dismissal times until 6:00pm, of student oversight daily per classroom. § Providing services for 30 non-school days for a maximum of nine hours of student oversight daily per classroom.
· Hire new employees to provide program as follows:
§ Provide a Community Services Coordinator to plan, organize, and implement program (one employee for all locations listed herein).
§ Provide Community Services Administrative Technician to perform clerical tasks (one employee for all locations listed herein).
§ Provide three part time staff members, for each of the two locations listed herein (6 staff total), with appropriate Early Child Education college units completed to adhere to FUSD staffing requirements.
· Provide program services, course curriculum, and materials as follows:
§ Provide TK students with recreational and educational experiences through crafts, City of Fontana Page 2 of 3 Printed on 7/5/2022
powered by Legistar™190
File #: 21-1499 Agenda Date: 7/12/2022
Agenda #: O. Category: Consent Calendar
§ Provide TK students with recreational and educational experiences through crafts, music, games, outdoor activities, take-home activities, and share days. Curriculum may include but will not necessarily be limited to instruction on shapes, seasons, letters, numbers, holidays, weather, and colors. Program will encourage TK students’ development of communication, socialization, creativity, knowledge, and selfexpression, preparing students for a positive transition into kindergarten. § All program materials and equipment will be provided by City to host this program. § Assist and schedule with transportation of TK students to both City Neighborhood Centers.
§ Utilize FUSD school sites to host the TK program on a case-by-case basis when deemed in the students’ best interest due to inclement weather, available resources, and other factors identified by FUSD and City.

This proposed Agreement has been approved by the Fontana Unified School District Board at a FUSD Board of Education Meeting, scheduled on June 22, 2022. This Agreement will take effect after both City and FUSD ratify the Agreement.

FISCAL IMPACT:

The FY 2022-2023 funding in the amount of $453,690.00 from the Fontana Unified School District will be included with the FY 2021-2022 Fourth Quarter Budget Report in Fund 387. This grant is 100% reimbursable. If or when this grant concludes, the two (2) full-time positions approved for this grant (as identified and requested in the Recommendation) will not be absorbed by the General Fund and will be removed from the Table of Organization.

MOTION:

Approve staff recommendation.

City of Fontana Page 3 of 3 Printed on 7/5/2022
powered by Legistar™191
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1387 Agenda Date: 7/12/2022
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case No. 20-082: Specific Plan Amendment No. 21-003 - Comprehensive update to Southwest Industrial Park Specific Plan (SWIP) Specific Plan; and change of land use designation of certain properties within the SWIP from their current designation of Jurupa North Research and Development District (JND) to Slover West Industrial District (SWD) generally located south of Santa Ana Avenue, between Mulberry Avenue and Cherry Avenue, and north of Kaiser High School RECOMMENDATION:

Read by title only and waive further reading of and introduce Ordinance No. 1896, an Ordinance of the City Council of the City of Fontana, approving Specific Plan Amendment No. 21-003 for a comprehensive update to the Southwest Industrial Park Specific Plan (SWIP) Specific Plan as shown in Attachment No. 1, and the reading of the title constitutes the first thereof.

COUNCIL GOALS:
· To promote economic development by establishing a quick, consistent development process. · To promote economic development by being business friendly at all levels of operation.

BACKGROUND:

The Planning Commission reviewed the Specific Plan Amendment at its meeting on March 21, 2022 and voted 5 - 0 and recommended approval to the City Council. Since the Planning Commission reviewed the item, the Ordinance was updated to include a minor adjustment that prohibits cross dock facilities that are characterized by loading doors on opposing sides of the building along with registered vehicle storage along certain streets (Santa Ana Avenue, Jurupa Avenue, Citrus Avenue, Cherry Avenue, and Beech Avenue) unless they are primarily screened by a building and may include ancillary screen walls of at least 14 feet high. This amendment also includes a revision to the definition of Logistics and Distribution Facility to further define cross dock facilities.

DISCUSSION:

The SWIP was adopted in 2012 and included language to regulate truck, trailer, warehouse, and industrial uses. The SWIP has been implemented for approximately nine (9) years and staff has found that some of the language relating to standards for registered vehicle storage, and industrial uses are unclear and outdated making this specific plan sometimes difficult to implement. The proposed Specific Plan Amendment to the SWIP will amend these sections to provide clarity; thus, making the specific plan more user-friendly. In addition, the Specific Plan Amendment also includes the change of land use designation of some properties within the SWIP Specific Plan to be redesignated from their current designation of Jurupa North Research and Development District City of Fontana Page 1 of 4 Printed on 7/6/2022
powered by Legistar™192
File #: 21-1387 Agenda Date: 7/12/2022
Agenda #: A. Category: Public Hearing
(JND) to Slover West Industrial District (SWD) to be consistent with existing uses.

ANALYSIS:

This is a City-initiated Amendment that includes comprehensive update to the land use tables and revisions to the following: landscaping standards, registered vehicle storage and cross dock requirements, definition of industrial repair, monument sign concept, setback/building placement, and single-family nonconforming rebuild percentages to provide additional clarity. In addition, the Specific Plan Amendment also includes the change of land use designation of some properties within the Southwest Industrial Park (SWIP) Specific Plan to be redesignated from their current designation of Jurupa North Research and Development District (JND) to Slover West Industrial District (SWD) generally located south of Santa Ana Avenue, between Mulberry Avenue and Cherry Avenue, and north of Kaiser High School to make this area more consistent with the existing uses on site. The attached Ordinance includes all the proposed changes in its entirety for the proposed Specific Plan Amendment. The following is a brief summary of the proposed amendment.

Summary of the Specific Plan Amendment Items in the SWIP:
· Revise the Allowable Land Uses and Permit Requirement tables in the SWIP to permit drivethrough and retail uses as a permitted use making it consistent with the Municipal Code. · Revise the Allowable Land Uses and Permit Requirement tables in the SWIP to not permit the caretaker housing on commercial/industrial properties to address issues with the subleasing of these homes to families that are not associated with the business on site. · Revise the Allowable Land Uses and Permit Requirement tables in SWIP to further define manufacturing uses for clarity.
· Revise the Allowable Land Uses and Permit Requirement tables in the SWIP in the Jurupa North Research and Development District (JND) to revise language to clarify that loading docks shall not front on Jurupa Avenue and thus the truck courts and dock areas to be located further away from Jurupa Avenue further way from residential. · Revise the standards in Section 8.4G and 12.4G to eliminate minimum lot size and dimensions for registered vehicle storage use in the Jurupa South Industrial Development and Speedway Industrial Districts and require submittal of turning templates to ensure adequate circulation on site. In addition, parking requirements have been included for registered vehicle storage uses that include 3.3 spaces/1,000 square feet of building area and 1 space/10,000 square feet of yard area. Increase the height of the screen wall adjacent to the public right-ofway to 14 feet. · Prohibit cross dock facilities that are characterized by loading doors on opposing sides of the building along with registered vehicle storage along certain streets (Santa Ana Avenue, Jurupa Avenue, Citrus Avenue, Cherry Avenue, and Beech Avenue) unless they are primarily City of Fontana Page 2 of 4 Printed on 7/6/2022
powered by Legistar™193
File #: 21-1387 Agenda Date: 7/12/2022
Agenda #: A. Category: Public Hearing
Avenue, Citrus Avenue, Cherry Avenue, and Beech Avenue) unless they are primarily screened by a building and may include ancillary screen walls of at least 14 feet high. This amendment includes a revision to the definition of Logistics and Distribution Facility to further define cross dock facilities.
· Amend the landscaping requirements to eliminate inconsistencies and requirements to provide additional landscaping.
· Eliminate the requirement for pitched roofs for pump island canopies for service stations to allow for alternative designs.
· Eliminate the minimum of one acre lot size for parking of oversized vehicles in the Residential Truck District (RTD) since most of these lots are less than an acre. · Revise the definition of Industrial Repair to include truck and trailer work for clarification purposes since it currently includes heavy repair of motor vehicles. · This Specific Plan Amendment includes language to clarify that nonconforming single-family structures used as a single-family use, may be rebuilt to one hundred (100%) percent for clarification purposes if they are damaged by natural causes. · Additional building setback requirements for buildings have been included for primary highways in the Jurupa South Industrial (JSD) District and major highways for the Slover East Industrial (SED) District.
· Include more detailed standards for monument signs at gateways. · Eliminate the option for chain link fencing and extend the maximum height of screen walls from 12 to 14 feet.
· The Specific Plan Amendment also includes the change of land use designation of some properties within the SWIP to be redesignated from their current designation of Jurupa North Research and Development District (JND) to Slover West Industrial District (SWD) generally located south of Santa Ana Avenue, between Mulberry Avenue and Cherry Avenue, and north of Kaiser High School to make this area more consistent with the existing uses on site. This land use redesignation includes the following properties designated with these Accessor’s Parcel Numbers: 0236-161-36, 0236-161-39, 0236-161-38, 0236-151-04, 0236-151-39, 0236- 151-40, 0236-151-66, 0236-171-87, 0236-161-33, 0236-161-34, 0236-151-09, 0236-161-46, 0236-161-75, 0236-151-65, 0236-171-88, 0236-151-10, 0236-161-45, 0236-161-76, 0236-171 -85, 0236-161-44, 0236-161-41, 0236-181-20, 0236-181-29, 0236-171-07, 0236-172-02, 0236 -161-58, 0236-161-57, 0236-161-49, 0236-161-50, 0236-161-53, 0236-161-52, 0236-151-60, 0236-151-61, 0236-151-62, 0236-151-47, 0236-181-21, 0236-171-08, 0236-151-63, 0236-161 City of Fontana Page 3 of 4 Printed on 7/6/2022
powered by Legistar™194
File #: 21-1387 Agenda Date: 7/12/2022
Agenda #: A. Category: Public Hearing
0236-151-61, 0236-151-62, 0236-151-47, 0236-181-21, 0236-171-08, 0236-151-63, 0236-161 -59, 0236-181-22, 0236-171-09, 0236-171-92, 0236-171-93, 0236-151-56, 0236-151-57, 0236 -161-54, 0236-161-56, 0236-161-64, 0236-161-65, 0236-161-47, 0236-181-12, 0236-151-58, 0236-181-23, 0236-151-59, 0236-161-28, 0236-171-47, 0236-161-10, 0236-161-31, 0236-171 -89, 0236-161-32, 0236-171-80, 0236-161-77, 0236-171-79, 0236-161-04, 0236-161-35, 0236 -172-01, 0236-151-08, 0236-151-07, 0236-151-26, 0236-151-25 and 0236-151-05, which is depicted in an attachment.

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

1. Attachment No. 1 - City Council Ordinance and Exhibits A and B

2. Attachment No. 2 - Planning Commission Staff Report and Resolution

3. Attachment No. 3 - Planning Commission Minutes

4. Attachment No. 4 - Notice of Determination

5. Attachment No. 5 - Notice of Public Hearing
City of Fontana Page 4 of 4 Printed on 7/6/2022
powered by Legistar™195
Ordinance No. ___
ATTACHMENT NO. 1
ORDINANCE NO. 1896

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING SPECIFIC PLAN AMENDMENT NO. 21-003 TO AMEND

THE SOUTHWEST INDUSTRIAL PARK (SWIP) SPECIFIC PLAN TO FOR

A COMPREHENSIVE UPDATE THAT INCLUDES CHANGES TO THE
LAND USE TABLES AND REVISIONS TO THE FOLLOWING:

LANDSCAPING STANDARDS, REGISTERED VEHICLE STORAGE

REQUIREMENTS, DEFINITION OF INDUSTRIAL REPAIR, MONUMENT

SIGN CONCEPT, SETBACK/BUILDING PLACEMENT, FENCING

REQUIREMENTS, SINGLE-FAMILY NONCONFORMING REBUILD

PERCENTAGES, AND INCLUDES THE CHANGE OF LAND USE

DESIGNATION OF SOME PROPERTIES WITHIN THE SWIP TO BE

REDESIGNATED FROM THEIR CURRENT DESIGNATION OF JURUPA

NORTH RESEARCH AND DEVELOPMENT DISTRICT (JND) TO

SLOVER WEST INDUSTRIAL DISTRICT (SWD) GENERALLY LOCATED

SOUTH OF SANTA ANA AVENUE, BETWEEN MULBERRY AVENUE
AND CHERRY AVENUE, AND NORTH OF KAISER HIGH SCHOOL.

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

Section 1. City staff initiated Specific Plan Amendment No. 21-003 to amend the Southwest Industrial Park Specific Plan (SWIP) Specific Plan to revise the nonconforming provisions, definitions and land use table changes to provide additional clarity and consistency in SWIP as depicted in the Exhibit A.

Section 2. On March 15, 2022, 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 Specific Plan Amendment No. 21-003.

Section 3. On March 15, 2022, the Planning Commission approved Resolution No. PC 2022-009 and recommended approval to City Council of Specific Plan Amendment No. 21-003 and after carefully considering all information pertaining to the proposed project, including the staff report, findings, and all the information, evidence, and testimony presented at its public hearing on March 15, 2022.

Section 4. On July 12, 2022, the City Council held a duly noticed public hearing on Specific Plan Amendment No. 21-003 along with the entitlements referenced herein, received testimony, and the supporting documents in evidence, the City Council found that the Specific Plan Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here. 196
Ordinance No. ___
ATTACHMENT NO. 1
Section 5. The City of Fontana City Council hereby makes the following findings for Specific Plan Amendment No. 21-003 in accordance with Section 30-67 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Specific Plan may be amended by changing the development standards or zoning designation of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: SWIP was adopted and June 12, 2012 and included language to regulate truck, trailer, warehouse, and industrial uses. SWIP is currently being implemented for approximately nine (9) years and staff found that some of the language relating to standards for registered vehicle storage, and industrial uses are confusing and outdated making this specific plan difficult to implement. The proposed Specific Plan Amendment to SWIP will amend these sections to provide clarity; thus, making the specific plan more userfriendly. In addition, the Specific Plan Amendment also includes the change of land use designation of some properties within the Southwest Industrial Park (SWIP) Specific Plan to be redesignated from their current designation of Jurupa North Research and Development District (JND) to Slover West Industrial District (SWD) to be consistent with existing surrounding uses. Therefore, the amendment would provide clarity and will improve implementation of the Specific Plan, which will be beneficial to the community to promote public welfare and furthers good planning principals.

Section 6. Based on the foregoing, the City of Fontana City Council determines that this project is that has been reviewed under a previous Final Environmental Impact Report (State Clearinghouse No. 2009091089), pursuant to Sections 15162 through 15164, and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

Section 7. Specific Plan Amendment No. 21-003 is hereby approved, and the text and exhibits modified as shown on Exhibit “A”, attached hereto and by this reference incorporated; and
Section 8. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
197
Ordinance No. ___
ATTACHMENT NO. 1
APPROVED AND ADOPTED this July 26, 2022
READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council at a regular meeting on the 12th day of July 2022, and was finally passed and adopted not less than five days thereafter on the 26 th day of July 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
198
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 1 1. Revise Land Use Tables 6-2, 7-2, 8-2, 9-2, 10-2, 11-2, 12-2, and 13-2 as follows:

Table 6-2 – Allowable Land Uses and Permit Requirements Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Freeway Industrial/Commercial District
Entertainment, Recreation and Public Assembly Uses
Adult Businesses Municipal Code §30-11 & Municipal Code Chapter 15, Article XVIII
Open Space / Park P
Public Assembly Facilities C
Recreational Facilities M
Industry, Manufacturing, and Processing Uses
Flex-Tech Multi-Use Facilities (32) P
Handcraft Industry/Small-Scale Manufacturing P
Manufacturing, Light (Processes involving no raw materials)  Appliance Manufacturing P
 Electronics & Equipment P
 Glass Product Fabrication P
 Paper Product Manufacturing P
 Product Assembly and Distribution P
Research and Development P
Residential Uses
Caretaker Housing (2) C
Retail Uses
Alcohol Sales, Off-Site/On-Site C
Factory/Warehouse Outlet Store P
Retail Sales, General (43) P
Service Uses
Business Support Services P
Catering Services P
Financial Facilities P
Food Service
 Outdoor Dining P
 Restaurants P
Hotel P
Motel (1) C
Industrial Repair C
Mini Storage Facility (not allowed adjacent to I-10 freeway)( 43) P
Offices P
Personal Services P
School, Commercial M
199
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 2 Table 6-2 – Allowable Land Uses and Permit Requirements (continued) Land Use
Permit Requirement
“P”= Use Permitted by Right “C”= Conditional Use Permit Required “M” = Minor Use Permit Required
Freeway Industrial/Commercial District
Motor Vehicle
Car Wash/ Detailing M
Motor Vehicle Rental, Sales, and Leases C
Service Stations (43) C
Specialty or Antique Automotive Sales C
Truck Sales C
Truck Stops (43) C
Vehicle Auctions P
Distribution, Wholesaling and Warehousing Uses
Warehousing Facilities P
Transportation, Communications and Infrastructure Uses
Antennas Municipal Code Chapters 25 and 32
Broadcasting Offices or Studios P
Parking Structures (43) P
Recycling Facility
 Consumer Recycling Facilities (not allowed on
parcels fronting the I-10 freeway) (43)
C
Other Uses
Drive-Through Uses (43) MP
Outdoor Display & Sales M
Public Facilities P
Temporary Uses Municipal Code Chapter 30, Division 18 (Temporary Use) (1) Motels are only permitted at Truck Stop locations
(2) See Section 6.4D
(32) See Section 6.9E
(43) See Section 6.9F
200
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 3 Table 7-2 – Allowable Land Uses and Permit Requirements Land Use
Permit Requirement
“P” = Use Permitted by Right
“C” = Conditional Use Permit Required
“M” = Minor Use Permit Required
Jurupa North Research and Development District (JND)
Entertainment, Recreation and Public Assembly Uses
Adult Businesses Refer to Municipal Code §30-11 & Municipal Code Chapter 15, Article XVIII
Open Space / Park P
Public Assembly Facilities C
Recreational Facilities C
Industry, Manufacturing, and Processing Uses
Flex-Tech Multi-Use Facilities (1) P
Handcraft Industry/
Small-Scale Manufacturing P
Manufacturing, Light (Processes involving no raw materials)  Appliance Manufacturing M
 Electronics & Equipment P
 Furniture and Fixture Manufacturing M
 Glass Product Fabrication P
 Product Assembly and Distribution P
Research and Development P
Pallet Yard (2) C (Sunset on 6/30/19)
Residential Uses
Caretaker Housing (3) C
Retail Uses
Alcohol Sales,
Off-Site/On-Site C
Factory/Warehouse Outlet Store P
Retail Sales, General (43) P
Service Uses
Business Support Services P
Financial Facilities P
Catering Services P
Food Service
 Outdoor Dining P
 Restaurants P
Hotel P
Industrial Repair C
Mini Storage Facility (43) P
201
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 4 Table 7-2 – Allowable Land Uses and Permit Requirements (continued) Land Use
Permit Requirement
“P” = Use Permitted by Right
“C” = Conditional Use Permit Required
“M” = Minor Use Permit Required
Jurupa North Research and Development District (JND)
Motor Vehicle
Car Wash / Detailing M
Motor Vehicle Rental, Sales, and Leases C
Service Stations (43) C
Vehicle Auctions (not fronting on Jurupa Avenue) P
Offices P
Personal Services P
School, Commercial M
Distribution, Wholesaling and Warehousing Uses
Logistics and Distribution Facilities (loading docks shall not front on Jurupa Avenue) P
Warehousing Facilities P
Transportation, Communications and Infrastructure Uses
Antennas Municipal Code Chapters 25 and 32
Broadcasting Offices or Studios P
Parking Structures (43) P
Other Uses
Drive-Through Uses (43) MP
Outdoor Display & Sales M
Public Facilities P
Temporary Uses Municipal Code Chapter 30, Division 18 (Temporary Use) (1) See Section 7.9E
(2) See Section 7.4G
(3) See Section 7.4D
(43) See Section 7.9F
202
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 5 Table 8-2 – Allowable Land Uses and Permit Requirements Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Jurupa South Industrial District
Entertainment, Recreation and Public Assembly Uses
Adult Businesses Municipal Code §30-11 & Municipal Code Chapter 15, Article XVIII
Open Space / Park P
Public Assembly Facilities C
Recreational Facilities C
Industry, Manufacturing, and Processing Uses
Flex-Tech Multi-Use Facilities (1) P
Manufacturing, Light (Processes involving no raw materials)  Appliance Manufacturing M
 Electronics & Equipment P
 Furniture and Fixture Manufacturing P
 Glass Product Fabrication P
 Machinery Manufacturing P
 Paper Product Manufacturing P
 Product Assembly and Distribution P
General Manufacturing (Processes involving raw materials)  Stone and Cut Stone Product Manufacturing P
 Structural Clay and Pottery Product Manufacturing P
 Textile and Leather Product Manufacturing P
Research and Development P
Residential Uses
Caretaker Housing (2) C
Retail Uses
Factory/Warehouse Outlet Store P
Retail Sales, General (32) P
Service Uses
Business Support Services P
Food Service
 Outdoor Dining P
Industrial Repair P
Mini Storage Facility P
203
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 6 Table 8-2 – Allowable Land Uses and Permit Requirements Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Jurupa South Industrial District
Motor Vehicle
Motor Vehicle Rental, Sales, and Leases C
Registered Vehicle Storage (43) C
Vehicle Auction (not fronting on Jurupa Avenue or Mulberry Avenue) P
Table 8-2 – Allowable Land Uses and Permit Requirements (continued) Land Use
Permit Requirement
“P”= Use Permitted by Right “
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Jurupa South Industrial District
Offices P
School, Commercial M
Distribution, Wholesaling and Warehousing Uses
Industrial Equipment, Materials, and Supplies C
Logistics and Distribution Facilities P
Petroleum/Hazardous Material Storage C
Warehousing Facilities P
Transportation, Communications and Infrastructure Uses
Antennas Municipal Code Chapters 25 and 32
Broadcasting Offices or Studios P
Parking Structures (32) P
Truck, Truck Trailer Storage C*
Other Uses
Drive-Through Uses (32) MP
Outdoor Display & Sales M
Public Facilities P
Temporary Uses Municipal Code Chapter 30, Division 18 (Temporary Use) *Ancillary Use Only with approval of a Conditional Use Permit that must accompany a primary use that is Permitted or allowed with a Conditional/Minor Use Permit.
(1) See Section 8.9E
(2) See Section 8.4D
(32) See Section 8.9F
(43) See Section 8.4G
204
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 7 Table 9-2 – Allowable Land Uses and Permit Requirements Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Slover Central Manufacturing District
Entertainment, Recreation and Public Assembly Uses
Adult Businesses Municipal Code §30-11 & Municipal Code Chapter 15, Article XVIII
Open Space / Park P
Public Assembly Facilities C
Recreational Facilities C
Industry, Manufacturing, and Processing Uses
Manufacturing, Light (Processes involving no raw materials)  Appliance Manufacturing P
 Electronics & Equipment P
 Furniture and Fixture Manufacturing P
 Glass Product Fabrication P
 Machinery Manufacturing P
 Paper Product Manufacturing P
 Product Assembly and Distribution P
General Manufacturing (Processes involving raw materials)  Concrete, Gypsum, and Plaster Product
Manufacturing P
 Food Products Manufacturing P
 Glass Product P
 Plastics, Synthetics, and Rubber Product
Manufacturing P
 Pulp and Pulp Product Industries P
 Stone and Cut Stone Product Manufacturing P
 Structural Clay and Pottery Product Manufacturing P
 Textile and Leather Product Manufacturing P
 Transportation Product Assembly P
Research and Development P
Pallet Yard (1) C (Sunset on 6/30/19)
Residential Uses
Caretaker Housing (3) C
Retail Uses
Factory/Warehouse Outlet Store P
Retail Sales, General (2) CP
205
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 8 Table 9-2 – Allowable Land Uses and Permit Requirements (continued) Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Slover Central Manufacturing District
Service Uses
Animal Kennel Services P
Industrial Repair P
Mini Storage Facility (2) P
Motor Vehicle
Motor Vehicle Rental, Sales, and Leases C
Registered Vehicle Storage (43) C
Service Stations (2) P
Vehicle Auctions P
Distribution, Wholesaling and Warehousing Uses
Industrial Equipment, Materials, and Supplies C
Logistics and Distribution Facilities P
Petroleum/Hazardous Material Storage C
Warehousing Facilities P
Transportation, Communications and Infrastructure Uses
Antennas Municipal Code Chapters 25 and 32
Parking Structures (2) P
Truck, Truck Trailer Storage C*
Recycling Facility
 Consumer Recycling Facility (54) C
 Non-Consumer Recycling Facility (54) C
Other Uses
Outdoor Display & Sales M
Public Facilities P
Temporary Uses Municipal Code Chapter 30, Division 18 (Temporary Use) *Ancillary Use Only with approval of a Conditional Use Permit that must accompany a primary use that is Permitted or allowed with a Conditional/Minor Use Permit.
(1) See Section 9.4l
(2) See Section 9.9E
(3) See Section 9.4D
(43) See Section 9.4G
(54) See Section 9.4H
206
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 9 Table 10-2 – Allowable Land Uses and Permit Requirements Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Slover East Industrial District
Entertainment, Recreation and Public Assembly Uses
Adult Businesses Municipal Code §30-11 & Municipal Code Chapter 15, Article XVIII
Open Space / Park P
Public Assembly Facilities C
Recreational Facilities C
Industry, Manufacturing, and Processing Uses
Handcraft Industry/
Small-Scale Manufacturing P
Manufacturing, Light (Processes involving no raw materials)  Appliance Manufacturing P
 Electronics & Equipment P
 Furniture and Fixture Manufacturing P
 Glass Product Fabrication P
 Machinery Manufacturing P
 Paper Product Manufacturing P
 Product Assembly and Distribution P
General Manufacturing (Processes involving raw materials)  Plastics, Synthetics, and Rubber Product Manufacturing P  Pulp and Pulp Product Industries P
 Stone and Cut Stone Product Manufacturing P
 Structural Clay and Pottery Product Manufacturing P
 Textile and Leather Product Manufacturing P
Research and Development P
Residential Uses
Caretaker Housing (1) C
Retail Uses
Alcohol Sales, Off-Site/On-Site C
Factory/Warehouse Outlet Store P
Retail Sales, General (21) P
Service Uses
Animal Kennel Services P
Business Support Services P
Food Service
 Outdoor Dining P
 Restaurants P
Industrial Repair P
Mini Storage Facility (21) P
Motor Vehicle
Car Wash/ Detailing M
Motor Vehicle Rental, Sales, and Leases C
Service Stations (21) C
Registered Vehicle Storage (32) C
Vehicle Auction P
School, Commercial M
207
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 10 Table 10-2 – Allowable Land Uses and Permit Requirements Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Slover East Industrial District
School, Trucking C
Table 10-2 – Allowable Land Uses and Permit Requirements (continued) Land Use
Permit Requirement
“P”= Use Permitted by Right “C”= Conditional Use Permit Required “M” = Minor Use Permit Required
Slover East Industrial District
Distribution, Wholesaling and Warehousing Uses
Industrial Equipment, Materials, and Supplies C
Logistics and Distribution Facilities P
Petroleum/Hazardous Material Storage C
Warehousing Facilities P
Transportation, Communications and Infrastructure Uses
Antennas Municipal Code Chapters 25 and 32
Broadcasting Offices or Studios P
Parking Structures (21) P
Truck and/or Trailer Storage C*
Recycling Facility
 Consumer Recycling Facility (43) C
 Non-Consumer Recycling Facility (43) C
Other Uses
Drive-Through Uses (21) MP
Outdoor Display & Sales M
Public Facilities P
Temporary Uses Municipal Code Chapter 30, Division 18 (Temporary Use) *Ancillary Use Only with approval of a Conditional Use Permit that must accompany a primary use that is Permitted or allowed with a Conditional/Minor Use Permit.
(1) See Section 10.4D
(21) See Section 10.9E
(32) See Section 10.4G
(43) See Section 10.4H
208
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 11 Table 11-2 Allowable Land Use and Permit Requirements Land Use
Permit Requirement
“P”= Use Permitted by Right
“C” = Conditional Use Permit Required
“M” = Minor Use Permit Required
Slover West Industrial District
Entertainment, Recreation and Public Assembly Uses
Adult Businesses Municipal Code §30-11 & Municipal Code Chapter 15, Article XVIII
Open Space / Park P
Public Assembly Facilities C
Recreational Facilities C
Industry, Manufacturing, and Processing Uses
Handcraft Industry/
Small-Scale Manufacturing P
Manufacturing, Light (Processes involving no raw materials)  Appliance Manufacturing P
 Electronics & Equipment P
 Furniture and Fixture Manufacturing P
 Glass Product Fabrication P
 Machinery Manufacturing P
 Paper Product Manufacturing P
 Product Assembly and Distribution P
General Manufacturing (Processes involving raw materials)  Plastics, Synthetics, and Rubber Product Manufacturing P  Pulp and Pulp Product Industries P
 Stone and Cut Stone Product Manufacturing P
 Structural Clay and Pottery Product Manufacturing P
 Textile and Leather Product Manufacturing P
Research and Development P
Pallet Yard (1) C (Sunset om 6/30/19)
Residential Uses
Caretaker Housing (2) C
Retail Uses
Alcohol Sales, Off-Site/On-Site C
Factory/Warehouse Outlet Store P
Retail Sales, General (32) P
Service Uses
Animal Kennel Services P
Business Support Services P
209
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 12 Table 11-2 Allowable Land Use and Permit Requirements (continued) Land Use
Permit Requirement
“P”= Use Permitted by Right
“C” = Conditional Use Permit Required
“M” = Minor Use Permit Required
Slover West Industrial District
Food Service
 Outdoor Dining P
 Restaurants P
Industrial Repair P
Mini Storage Facility (32) P
Motor Vehicle
Motor Vehicle Rental, Sales, and Leases C
Registered Vehicle Storage (43) P
Service Stations (32) C
Vehicle Auction P
Distribution, Wholesaling and Warehousing Uses
Industrial Equipment, Materials, and Supplies C
Logistics and Distribution Facilities P
Petroleum/Hazardous Material Storage C
Warehousing Facilities P
Transportation, Communications and Infrastructure Uses
Antennas Municipal Code Chapters 25 and 32
Broadcasting Offices or Studios P
Parking Structures (32) P
Truck, Truck Trailer Storage C*
Recycling Facility
 Consumer Recycling Facilities(54) C
 Non Consumer Recycling Facilities (54) C
Other Uses
Outdoor Display & Sales M
Public Facilities P
Temporary Uses Municipal Code Chapter 30, Division 18 (Temporary Use) *Ancillary Use Only with approval of a Conditional Use Permit that must accompany a primary use that is Permitted or allowed with a Conditional/Minor Use Permit.
(1) See Section 11.4l
(2) See Section 11.4D
(32) See Section 11.9E
(43) See Section 11.4G
(54) See Section 11.4H
210
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 13 Table 12-2 Allowable Land Uses and Permit Requirements Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Speedway Industrial District
Entertainment, Recreation and Public Assembly Uses
Adult Businesses Municipal Code §30-11 & FMC Chapter 15, Article XVIII Open Space / Park P
Public Assembly Facilities C
Recreational Facilities M
Industry, Manufacturing, and Processing Uses
Flex-Tech Multi-Use Facilities (21) P
Manufacturing, Light (Processes involving no raw materials)  Electronics & Equipment P
 Glass Product Fabrication P
 Product Assembly and Distribution P
General Manufacturing (Processes involving raw materials)  Transportation Product Assembly P
Research and Development P
Residential Uses
Caretaker Housing (1) C
Retail Uses
Alcohol Sales, Off-Site/On-Site C
Factory/Warehouse Outlet Store P
Retail Sales, General (32) P
Service Uses
Business Support Services P
Financial Facilities P
Catering Services P
Food Service
 Outdoor Dining P
 Restaurants P
Hotel P
Industrial Repair C
Offices P
Personal Services P
School, Commercial M
School, Trucking C
211
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 14 Table 12-2 Allowable Land Uses and Permit Requirements (continued) Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Motor Vehicle
Car Wash/ Detailing M
Motor Vehicle Rental, Sales, and Leases C
Service Stations (32) C
Specialty or Antique Automotive Sales C
Truck Sales C
Truck Stops (32) C
Vehicle Auctions P
Registered Vehicle Storage C
Distribution, Wholesaling, and Warehousing Uses
Logistics and Distribution Facilities P
Warehousing Facilities P
Transportation, Communications, and Infrastructure Uses Antennas Municipal Code Chapters 25 and 32
Broadcasting Offices or Studios P
Parking Structures (32) P
Truck, Truck Trailer Storage C
Other Uses
Drive-Through Uses (32) MP
Outdoor Display & Sales M
Public Facilities P
Temporary Uses Municipal Code Chapter 30, Division 18 (Temporary Use)

(1) See Section 12.4D
(21) See Section 12.9E
(32) See Section 12.9F
212
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 15 Table 13-2 – Allowable Land Uses and Permit Requirements Land Use
Permit Requirement
“P”= Use Permitted by Right
“C”= Conditional Use Permit Required
“M” = Minor Use Permit Required
Residential Truck District (RTD)
Entertainment, Recreation and Public Assembly Uses
Open Space / Park P
Public Assembly Facilities C
Residential Uses
Granny Housing P
Home Occupation P
Second Dwelling Unit P
Single Family Dwelling P
Other Uses
Truck Uses P (1)
Public Facilities P
Signs P
Temporary Uses Municipal Code Chapter 30, Division 18 (Temporary Use) Notes:
(1) See Section 13.6.D
213
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 16 2. Remove sections 6.4D, 7.4D, 8.4D, 9.4D, 10.4D, 11.4D and 12.4D and renumber subsequent sections to eliminate Caretaker Housing.

3. Revise Sections 8.4G, 9.4G, 10.4G, 11.4G, and 12.4G standards for registered vehicle storage as follows:

G.Registered Vehicle Storage
Registered vehicle storage will be defined as follows:

Registered Vehicle Storage means an off-street, ground level open area that allows parking for the purpose of storage of vehicles, including but not limited to, truck, truck-trailer, buses, boats, construction equipment, recreational vehicles, and automobile storage. These vehicles are to be stored and are not for sale, rental, or leasing. Maintenance or vehicle repair is not permitted at the premises unless otherwise separately allowed and approved under a separate conditional use permit.

Special use regulations are proposed to be applied to Registered Vehicles Storage. All businesses with registered vehicle storage shall comply with the following provisions:

1. The entire storage area shall be surfaced with asphalt or cement material. The surface material shall be striped as required (when feasible) and shall be maintained in good condition.

2. All storage areas shall clearly be identified on the site plan for the property and shall be screened from view from the public right-of-way by one or more decorative block screening walls. All screening walls adjacent to a public right-of-way shall have a minimum height of eight (8) fourteen (14) feet and shall not be located in a required landscape setback area. Additional wall height and/or berming may be added as needed to satisfy screening requirements.

3. A line-of-sight analysis clearly demonstrating that all registered vehicles proposed to be locate4d in the storage area(s) are screened from view from all adjacent public rights-ofway at all times shall be required with all proposals and/or applications. For the purpose of the line-of-sight analysis, the assumed height of the vehicles to be stored shall be fourteen feet and six inches (14’6”). To meet this requirement, storage areas shall be set back from required screening walls to provide the required line-of-sight clearance for screening. Storage areas which have been set back to provide the required line-of-sight clearance for screening shall be identified on the site plan and shall be marked and maintained at all times in a manner consistent with the site plan.

4. All vehicles stored on the premises shall have a valid vehicle registration from the State of California or other similar government entity and shall be maintained in an operable condition at all times.

5. Fire access lanes of a minimum twenty-six feet (26’) in width shall be required along the interior perimeter of any required decorative block screening wall adjacent to a public 214
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 17 right-of-way. Additional fire access lanes shall be provided as required by the Fire District.

This required fire access lane may be used to meet the line-of-sight clearance set back requirement above.

6. All on-site fire access lanes, drive aisles, required parking, etc., (but not including Identified and marked vehicle storage areas) shall be paved with asphalt, cement or an equivalent material; gravel or slag in these lanes is specifically prohibited.

7. A guard station or similar structure shall be required near the primary access to the premises. The minimum size of such structure shall be sixteen square feet.

8. A residence for a caretaker may be permitted and incorporated into the project subject to the approval of a Conditional Use Permit application.

8. Permanent on-site security lighting shall be required to be designed and installed to the standards and satisfaction of the Police Chief or his/her designee.

9. Fire hydrants shall be required to the satisfaction of the Fire District.

10. Vehicles stored on the premises shall not themselves be used as storage containers to store materials in them. With prior 72 hour written notice to the property and/or business owner, any and all stored vehicles shall be open to inspection for the purpose of enforcing this provision.

11. To provide adequate space dimensions to accommodate the movement off large vehicles on the site, the minimum lot size shall be two (2) acres with a minimum lot width of 300 feet and a minimum lot depth of 300 feet. Irregular or unusually shaped lots may require additional minimums to meet the intent of this regulation, as shall lots with unusual, irregular, or severe topographic features or changes. Provide adequate space dimensions to accommodate the movement of large vehicles on the site. Turning templates for truck trailer combos shall be provided in order to demonstrate adequate circulation.

12. They shall not be located on along Santa Ana Avenue, Jurupa Avenue, Citrus Avenue, Cherry Avenue, and Beech Avenue unless they are primarily screened by a building from the above-mentioned streets. These sites may include some ancillary screening decorative return walls of at least 14 feet high to facilitate screening when adjacent to the streets mentioned above.

13. Landscaping adjacent to the public right-of-way is required per the Code. Interior lot landscaping shall not be required for any internal area (wall perimeter, parking area, storage area, etc.) enclosed by the required screening walls. Incidental landscaping may be required as needed to satisfy screening and other requirements in interface area(s) open to public view (entry gate, guard station, etc.)

4. Revise Sections 7.4.C, 8.4.C, 9.4.C, 10.4.C, 11.4.C, 12.4.C standards for Outdoor Activities and Storage as follows:

C. Outdoor Activities and Storage
215
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 18 1. Storage in Setback Areas. Material or equipment shall not be stored anywhere in the front yard.

Temporary storage of construction materials during construction on the same site is allowed. Boats, campers, motor vehicles, trailers, equipment, materials, or antenna that may be stored in side and rear yards, provided that they are outside the required side and rear setback areas identified in Tables 7-3, 8- 3, 9-3, 10-3, 11-4, and 12-4 – Intensity and Dimensional Standards.

2. Limitations on Outdoor Uses.
a. All uses shall be conducted entirely within a completely enclosed building that is attached to a permanent foundation, except approved outdoor dining areas, parking areas, industrial activities, truck trailer storage, and other approved uses that require outdoor activities. b. Truck Terminals and cross dock facilities that are characterized by loading doors on opposing sides of the building shall not be located on along Santa Ana Avenue, Jurupa Avenue, Citrus Avenue, Cherry Avenue, and Beech Avenue unless they are primarily screened by a building from the above-mentioned streets. These sites may include some ancillary screening decorative return walls of at least 14 feet high to facilitate screening when adjacent to the streets mentioned above.

5. Add Motor Vehicle title and parking requirements for Registered Vehicle Storage to Table 8-7 as follows:

Parking Requirements by Land Use
Land Use Vehicle Spaces (Minimum #)
GPA- Gross Floor Area
Bicycle Spaces
Minimum #
Motor Vehicle
Registered Vehicle
Storage

3.3 spaces /1,000 sq ft GFA; and
1 space/10,000 sq ft of yard area None

6. Add parking requirements for Registered Vehicle Storage to Tables 9-7, 10-7, 11-7, and 12-7 as follows:

Parking Requirements by Land Use
Land Use Vehicle Spaces (Minimum #)
GPA- Gross Floor Area
Bicycle Spaces
Minimum #
Motor Vehicle
Registered Vehicle
Storage

3.3 spaces /1,000 sq ft GFA; and
1 space/10,000 sq ft of yard area None

7. Revise the definition of Logistics and Distribution Facility to further define cross dock facilities as follows:
216
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 19  Logistics and Distribution Facility. Warehouse/distribution facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of materials, which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 50 to 80 percent, and a dock-high loading door ratio of approximately 1:5,000 – 8,000 square feet. They are characterized by dock high loading doors on opposing sides of the building (Cross Dock Facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including:
 Freight Yards/Forwarding Terminals
 Warehousing Distribution/High Cube Distribution Centers  Moving Agencies
 Parcel Delivery Terminals
 Railroad Freight Stations
 Shipping/Receiving Yards
 Truck Terminals
 Cross dock facility is characterized by a building with little or no storage, loading doors on opposing sides of the building, and significant movement of products, materials, or equipmen.

8. Revise Tables 6.5, 7.5, 8.5, 9.5, 10.5, 11.5 and 12.5 to modify landscaping standards as follows:

Table 6-5 – Landscape Standards
Note: The Director of Community Development may require additional setbacks.

Minimum Landscaped Area
Mixture of ground cover, shrubs, trees, and
decorative hardscape features
15% of total site area, not including areas covered by buildings, structures, or areas used for approved outside storage, loading, or other activities.
25% of total site area, for hotels, not including areas covered by buildings, or areas used for approved outside storage, loading, or other activities.

Decorative hardscape features
Brick, stone, art, fountains, ponds, etc. Maximum 15 % of the total required landscaping of site area Minimum plant sizes in landscaped areas Minimum Ratio 1 tree/500 SF of landscape area and 8 shrubs for each tree.

Trees
50% - 15-gallon
40% - 24-inch box
10% - 30-inch box or greater
Shrubs 50% - 5-gallon
50% - 1-gallon
Groundcover 12-inch maximum on center spacing that will cover area within one year of initial planting
Street trees in parkways per Master Plan of
Parkway Trees
1 tree of not less than 24-inch box size for each 30 linear feet of street frontage
In parkways of inadequate width, street trees shall be planted in abutting setback/yard, in addition to the required buffer landscaping in setback area
Landscape buffer in front setback area
1 tree for each 20 linear feet minimum of street frontage and three 5-gallon shrubs for each tree
Undulating earth berms with informal tree and shrub massing and/or low decorative walls may be utilized.
217
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 20 Table 6-5 – Landscape Standards
Maximum slope: 3:1 for berms
Additional landscape requirements 1 tree for each 800 square feet minimum of other required landscaped area and 8 shrubs for each tree.

Major Highways:

Cherry Ave, Citrus Ave, and Valley Blvd:
30 ft minimum width
Landscape Buffer in front setback requirements
from right-of-way
Primary Highway:

Mulberry, Beech, Slover and Fontana Avenues:
25 ft minimum width
Secondary Highways and Collector/Local Streets:

Poplar Ave: 20 ft minimum width
Table 7-5 – Landscape Standards (1)
Minimum Landscaped Area
Mixture of ground cover, shrubs, trees, and
decorative hardscape features
15% of total site area, not including areas covered by buildings, structures, or areas used for approved outside storage, loading, or other activities.
25% of total site area, for hotels, not including areas covered by buildings, or areas used for approved outside storage, loading, or other activities.

Decorative hardscape features
Brick, stone, art, fountains, ponds, etc. Maximum 15 % of the total required landscaping of site area Minimum plant sizes in landscaped areas Minimum Ratio of 1 tree/500 SF of landscape area and 8 shrubs for each tree.

Trees
50% - 15-gallon
40% - 24-inch box
10% - 30-inch box or greater
Shrubs 50% - 5-gallon
50% - 1-gallon
Groundcover 12-inch maximum on center spacing that will cover area within one year of initial planting
Street trees in parkways per Master Plan of
Parkway Trees
1 tree of not less than 24-inch box size for each 30 linear feet of street frontage
In parkways of inadequate width, street trees shall be planted in abutting setback/yard, in addition to the required buffer landscaping in setback area
Landscape buffer in front setback area
1 tree for each 20 linear feet minimum of street frontage and three 5-gallon shrubs for each tree
Undulating earth berms with informal tree and shrub massing and/or low decorative walls may be utilized.

Maximum slope: 3:1 for berms
Additional landscape requirements 1 tree for each 800 square feet minimum of other required landscaped area and 8 shrubs for each tree.

Landscape Buffer
Front setback area and street-side setback area
Major Highway: 30 ft minimum width
Primary Highway: 25 ft minimum width
Collector/Local Streets: 20 ft minimum width
Notes: (1) The Director of Community Development may require additional setbacks. 218
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 21 Table 8-5 – Landscape Standards (1)
Minimum Landscaped Area
Mixture of turf, ground cover, trees, and
decorative hardscape features
15% of total site area, not including areas covered by buildings, structures, or areas used for approved outside storage, loading, or other activities.
25% of total site area, for hotels, not including areas covered by buildings, or areas used for approved outside storage, loading, or other activities.

Decorative hardscape features
Brick, stone, art, fountains, ponds, etc.

Maximum 15 % of the total required landscaping of site
Minimum plant sizes in landscaped areas Minimum Ratio of 1 tree/500 SF of landscape area and 8 shrubs for each tree.

Trees 50% - 15-gallon
40% - 24-inch box
10% - 30-inch box or greater
Shrubs 50% - 5-gallon
50% - 1-gallon
Groundcover 12-inch maximum on center spacing that will cover area within one year of initial planting
Street trees in parkways per Master Plan of
Parkway Trees
1 tree of not less than 24-inch box size for each 30 linear feet of street frontage
In parkways of inadequate width, street trees shall be planted in abutting setback/yard, in addition to the required buffer landscaping in setback area
Landscape buffer in front setback area 1 tree for each 20 linear feet minimum of street frontage and three 5-gallon shrubs for each tree
Undulating earth berms with informal tree and shrub massing and/or low decorative walls may be utilized.

Maximum slope: 3:1 for berms
Additional landscape requirements 1 tree for each 800 square feet minimum of other required landscaped area and 8 shrubs for each tree.

Landscape Buffer
Front setback area and street-side setback area
Major Highway: 25 ft minimum width
Primary Highway: 20 ft minimum width
Collector/Local Streets: 15 ft minimum width
Notes: (1) The Director of Community Development may require additional setbacks.

Table 9-5 – Landscape Standards
Note: The Director of Community Development Director may require additional setbacks.

Minimum Landscaped Area
Mixture of ground cover, shrubs, trees, and
decorative hardscape features
15% of total site area, not including areas covered by buildings, structures, or areas used for approved outside storage, loading, or other activities.
219
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 22 25% of total site area, for hotels, not including areas covered by buildings, or areas used for approved outside storage, loading, or other activities.

Decorative hardscape features
Brick, stone, art, fountains, ponds, etc. Maximum 15 % of the total required landscaping of site area Minimum plant sizes in landscaped areas Minimum Ratio 1 tree/500 SF of landscape area and 8 shrubs for each tree.

Trees
50% - 15-gallon
40% - 24-inch box
10% - 30-inch box or greater
Shrubs 50% - 5-gallon
50% - 1-gallon
Groundcover 12-inch maximum on center spacing that will cover area within one year of initial planting
Street trees in parkways per Master Plan of
Parkway Trees
1 tree of not less than 24-inch box size for each 30 linear feet of street frontage
In parkways of inadequate width, street trees shall be planted in abutting setback/yard, in addition to the required buffer landscaping in setback area
Landscape buffer in front setback area
1 tree for each 20 linear feet minimum of street frontage and three 5-gallon shrubs for each tree
Undulating earth berms with informal tree and shrub massing and/or low decorative walls may be utilized
Maximum slope: 3:1 for berms
Additional landscape requirements 1 tree for each 800 square feet minimum of other required landscaped area and 8 shrubs for each tree.

Landscape Buffer
Front setback area and street-side setback area
Major Highway: 30 ft minimum width
Primary Highway: 25 ft minimum width
Collector/Local Streets: 20 ft minimum width
Table 10-5 – Landscape Standards
Note: The Director of Community Development may require additional setbacks.

Minimum Landscaped Area
Mixture of ground cover, shrubs, trees, and
decorative hardscape features
15% of total site area, not including areas covered by buildings, structures, or areas used for approved outside storage, loading, or other activities.
25% of total site area, for hotels, not including areas covered by buildings, or areas used for approved outside storage, loading, or other activities.

Decorative hardscape features
Brick, stone, art, fountains, ponds, etc. Maximum 15 % of the total required landscaping of site area Minimum plant sizes in landscaped areas Minimum Ratio 1 tree/500 SF of landscape area and 8 shrubs for each tree.

Trees
50% - 15-gallon
40% - 24-inch box
10% - 30-inch box or greater
Shrubs 50% - 5-gallon
50% - 1-gallon
220
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 23 Groundcover (sod or hydro seeding) 12-inch maximum on center spacing that will cover area within one year of initial planting
Street trees in parkways per Master Plan of
Parkway Trees
1 tree of not less than 24-inch box size for each 30 linear feet of street frontage
In parkways of inadequate width, street trees shall be planted in abutting setback/yard, in addition to the required buffer landscaping in setback area
Landscape buffer in front setback area
1 tree for each 20 linear feet minimum of street frontage and three 5-gallon shrubs for each tree
Undulating earth berms with informal tree and shrub massing and/or low decorative walls may be utilized.

Maximum slope: 3:1 for berms
Additional landscape requirements 1 tree for each 800 square feet minimum of other required landscaped area and 8 shrubs for each tree.

Landscape Buffer
Front setback area and street-side setback area
Major Highway: 30 ft minimum width
Primary Highway: 25 ft minimum width
Collector/Local Streets: 20 ft minimum width
Landscape buffer in any side or rear yard abutting
a residential zone
20 ft minimum width with 1 tree for each 20 linear feet of lot line, and 3 shrubs per tree
Table 11-5 Landscape Standards (1)
Note: The Community Development Director may require additional setbacks.

Minimum Landscaped Area
Mixture of ground cover, shrubs, trees, and
decorative hardscape features
15% of total site area, not including areas covered by buildings, structures, or areas used for approved outside storage, loading, or other activities.
25% of total site area, for hotels, not including areas covered by buildings, or areas used for approved outside storage, loading, or other activities.

Decorative hardscape features
Brick, stone, art, fountains, ponds, etc. Maximum 15 % of the total 15 % landscaping of site area Minimum plant sizes in landscaped areas Minimum Ratio 1 tree/500 SF of landscape area and 8 shrubs for each tree.

Trees
50% - 15-gallon
40% - 24-inch box
10% - 30-inch box or greater
Shrubs 50% - 5-gallon
50% - 1-gallon
Groundcover 12-inch maximum on center spacing that will cover area within one year of initial planting
Street trees in parkways per Master Plan of
Parkway Trees
1 tree of not less than 24-inch box size for each 30 linear feet of street frontage
In parkways of inadequate width, street trees shall be planted in abutting setback/yard, in addition to the required buffer landscaping in setback area
221
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 24 Landscape buffer in front setback area
1 tree for each 20 linear feet minimum of street frontage and three 5-gallon shrubs for each tree
Undulating earth berms with informal tree and shrub massing and/or low decorative walls may be utilized.

Maximum slope: 3:1 for berms
Additional landscape requirements 1 tree for each 800 square feet minimum of other required landscaped area and 8 shrubs for each tree.

Landscape Buffer in front setback requirements
from right-of-way
Major Highway: 30 ft minimum width
Primary Highway: 25 ft minimum width
Collector/Local Streets: 20 ft minimum width
Landscape buffer in any side or rear yard abutting
a residential zone
20 ft minimum width with 1 tree for each 20 linear feet of lot line, and 3 shrubs per tree
Table 12-5 Landscape Standards
Notes: The Director of Community Development may require additional setbacks.

Minimum Landscaped Area
Mixture of ground cover, shrubs, trees, and
decorative hardscape features
15% of total site area, not including areas covered by buildings, structures, or areas used for approved outside storage, loading, or other activities.
25% of total site area, for hotels, not including areas covered by buildings, or areas used for approved outside storage, loading, or other activities.

Decorative hardscape features
Brick, stone, art, fountains, ponds, etc. Maximum 15 % of the total required landscaping of site area Minimum plant sizes in landscaped areas Minimum Ratio 1 tree/500 SF of landscape area and 8 shrubs for each tree.

Trees 50% - 15-gallon
40% - 24-inch box
10% - 30-inch box or greater
Shrubs 50% - 5-gallon
50% - 1-gallon
Groundcover 12-inch maximum on center spacing that will cover area within one year of initial planting
Street trees in parkways per Master Plan of
Parkway Trees
1 tree of not less than 24-inch box size for each 30 linear feet of street frontage
In parkways of inadequate width, street trees shall be planted in abutting setback/yard, in addition to the required buffer landscaping in setback area
Landscape buffer in front setback area 1 tree for each 20 linear feet minimum of street frontage and three 5-gallon shrubs for each tree
Undulating earth berms with informal tree and shrub massing and/or low decorative walls may be utilized.

Maximum slope: 3:1 for berms
Additional landscape requirements 1 tree for each 800 square feet minimum of other required landscaped area and 8 shrubs for each tree.

Landscape Buffer
Front setback area and street-side setback area
Major Highway: 30 ft minimum width
Primary Highway: 25 ft minimum width
Collector/Local Streets: 20 ft minimum width
222
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 25 Table 12-5 Landscape Standards
Landscape buffer in any side or rear yard abutting
a residential zone
20 ft minimum width with 1 tree for each 20 linear feet of lot line, and 3 shrubs per tree

9. Revise Sections 6.9F.5, 7.9F.5, 9.9E.3, 10.9E.A, 11.9E.4, 12.9F.3 Building Design for service stations as follows:

The roof design of service stations, including pump island canopies, shall incorporate full, pitched roof treatments with a low to moderate slope.

10. Remove Figure 98 in Chapter 6.0, Figure 98 in Chapter 7.0, Figure 80 in Chapter 9.0, Figure 81 in Chapter 10.0, Figure 82 in Chapter 11.0, and Figure 97 in Chapter 12.0 to remove the figure that depicts pitched roof for canopies.

11. Revise Section 13.6 D.1 as follows:

1. A maximum of one oversize vehicle may be parked on any lot at a time., provided that the lot is a minimum one acre in size.

12. Revise Definition of Industrial Repair in Appendix A:
● Industrial Repair. A service facility where various types of electrical, electronic, and mechanical equipment, and appliances and machines are repaired and/or maintained away from the site of the equipment owner. Includes motor vehicle, truck, and trailer work; such as, heavy and light repair, part replacement, maintenance, custom repair, painting, and body work.

13. Remove of Sections 6.10C.2.a, 6.10D.2.a, 7.10C.2.a, 7.10D.2.a, 8.10C.2.a, 8.10D.2.a, 9.10C.2.a,

9.10D.2.a, 10.10C.2.a, 10.10D.2.a., 11.10C.2.a, 11.10D.2.a, 12.10C.2.a, and 12.10D.2.a and renumber subsequent sections to remove expedited application processing.

14. Revise Section 5.6.A.3.d for rebuilding of nonconforming single family structures as follows:
d. A nonconforming single-family structure used as a single-family use, a historical structure, or contributing structure within a historic district that damaged by fire, explosion, act of God, or the public enemy may be repaired to its nonconforming state and shall not be subject to the fifty (50%) percent assessed value limitation. Nonconforming single-family structures used as a single-family use, may be rebuilt to one hundred (100%) percent of its legal floor area that existed at the time the single-family residential structure became nonconforming. 223
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 26 15. Revise Tables 8-3 and 10-3 to include building setbacks as follows:

Table 8-3 – Intensity and Dimensional Standards
Lot Size and Building Placement
Industrial Use Commercial Use

INTENSITY
Floor Area Ratio(3) 0.55 max. FAR 1.0 max. FAR

LOT DIMENSIONS
Lot Size 45,000 sq ft min. 35,000 sq ft min.

Lot Width C 200 ft min. 150 ft min.

Lot Depth D 200 ft min. 200 ft min.

BUILDING SETBACKS
Front Setback (1)
Major Highway (Etiwanda, Jurupa, and Mulberry) G 30 ft min. (4) 30 ft min. (4) Primary Highway (Not applicable) F
Not applicable
25 ft min. (4)
Not applicable
25 ft min. (4)
Secondary Highway/Collector Street (Marlay and Philadelphia) E 20 ft min. (4) 20 ft min (4) Side (Street) Setback (1)
Major Highway (Etiwanda, Jurupa, and Mulberry) G 30 ft min. (4) 30 ft min. (4) Primary Highway (Not applicable) F Not applicable Not applicable Secondary Highway/Collector Street (Marlay and Philadelphia) E 20 ft min. (4) 20 ft min. (4) Side (Interior) Setback (2) None None
Rear Setback (2) None None
Adjacent to Residential 50 ft min. 50 ft min.

Adjacent to San Sevaine Channel (1)
Comply with MC
Chapter 12
(Flood Control)
Comply with MC
Chapter 12 (Flood
Control)
Accessory Buildings Setbacks
Comply with
setbacks
applicable to
primary
structures
Comply with
setbacks
applicable to
primary structures
(Continued)
See footnotes next page
224
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 27 Table 8-3 – Intensity and Dimensional Standards (continued) Building Height and Mass
Industrial Use Commercial Use
HEIGHT
Primary Building (3) 60 ft max. 60 ft max.

Accessory Building
1-story or 14 ft
max. to
eave/parapet line
1-story or 14 ft
max. to
eave/parapet line
Interior (Floor-to-Floor, excluding parking levels) Ground floor – 12 ft min
Ground floor –
12 ft min

UPPER STORY STEPBACKS
All buildings regardless of street frontage Allowed. Allowed.

Notes:
(1) Setback is measured from public right-of-way line.
(2) Setback is measured from property line.
(3) See Section 8.10 Development Incentives.
(4) Corner cut-ff setbacks per Specific Plan.

Table 10-3 – Intensity and Dimensional Standards
Lot Size and Building Placement
Industrial

INTENSITY
Floor Area Ratio (3) 0.55 max. FAR

LOT DIMENSIONS
Lot Size 40,000 sq ft min.

Lot Width C 200 ft min.

Lot Depth D 175 ft min.

BUILDING SETBACKS
Front Setback (1)
Major Highway G Not applicable 30 ft min. (4)
Primary Highway (Beech and Slover) F 25 ft min. (4)
Secondary Highway/Collector Street (Catawba, Citrus, Elm Poplar, Santa Ana) E
20 ft min. (4)
Side (Street) Setback (1)
Major Highway G Not applicable 30 ft min. (4)
Primary Highway (Beech and Slover) F 25 ft min. (4)
Secondary Highway/Collector Street (Catawba, Citrus, Elm Poplar, Santa Ana) E
20 ft min. (4)
Side (Interior) Setback (2) None
Rear Setback (2) None
Adjacent to Residential Truck District (2) 50 ft min
Accessory Building Setbacks Comply with setbacks applicable to primary structure
225
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 28 Table 10-3 – Intensity and Dimensional Standards (continued) Building Height and Mass
Industrial
HEIGHT
Primary Building
Accessory Building
Interior (Floor-to-Floor, excluding parking levels)
60 ft max
1-story or 14 ft max. to eave/parapet line
Ground floor – 12 ft min

UPPER STORY STEPBACKS
All buildings regardless of street frontage Allowed.

Notes:
(1) Setback is measured from public right-of-way line.
(2) Setback is measured from property line.
(3) See Section 10.10 Development Incentives.
(4) Corner cut-off setbacks per Specific Plan.

16. Add minimum height of four (4) feet and the requirement for stone veneer or river rock to Exhibits 6-14, 7-13, 8-12, 9-11, 10-10, 11-12, and 12-11 for monument signs as follows:

17. Remove reference to Section 11.6.D.12 in Exhibit 11-12 and 12.7.D.14 in Exhibit 12-11 that refers to dimension standards.

18. Revise Tables 6-4, 7-4, 8-4, 9-4, 10-4, 11-4, and 12-4 to modify requirements for fencing as follows:
226
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 29 Standards for Fences, Walls, and Screening
Location Materials
See Section 7.9 Design Guidelines Maximum Height (1)
Within front setback area
Solid fencing/wall 36 inches
Open fencing/wall 6 ft
Within street side or railroad rightof-way setback area Tubular steel construction allowed
in required setback area if set back
at least 15 ft from lot line. Solid
masonry wall not allowed in
required setback area.
8 ft if necessary for security purposes, with
18-inch maximum width pilasters
Within interior side setback area
Any type of fence, hedge, or wall
Tubular steel or solid wall required,
except that if abutting Public
Facility District, solid masonry wall
only
8 ft
Within rear setback area
Any type of fence, hedge, or wall
Tubular steel or solid wall required,
except that if abutting Public
Facility District, solid masonry wall
only
8 ft
Outside of a required setback area Solid or open fencing/wall No height limit Screening of outside storage
materials and equipment from view
from the public right-of-way
(outside of setback area)
Solid fencing/wall 12 ft 14 ft
At intersections of alleys, streets,
and driveways
All materials, including solid/open
fencing and walls 30 inches
Note: (1) All fences and walls shall meet the City’s line of sight regulations, as determined by the City Engineer.

2. Materials
a. Open fencing shall mean fencing with over 50 percent of the surface area open for free passage of light and air and through which the area behind the fence is visible to public view. See Exhibit 7-3 – Open and Solid Fencing. b. Solid fencing shall mean fencing with 50 percent or less of the surface area open for free passage of light and air and designed to conceal the area behind the fence from public view. See Exhibit 7-3 – Open and Solid Fencing. c. Barbed wire fence, electric fences, chain link or similar fencing material is prohibited.
d. Chain link fencing is allowed on interior property lines that are not visible from public rights-of-way.
227
Exhibit A
Specific Plan Amendment No. 21-003
Modifications to the Southwest Industrial Park Specific Plan (SWIP) 30 e. For fences up to 100 linear feet, one pilaster shall be provided for every 10 linear feet. For fences more than 100 linear feet and less than 300 linear feet, one pilaster shall be provided for every 30 feet. For fences 300 leaner feet or longer, one pilaster shall be provided for every 60 feet.

19. Revise Section 13.4.D.2 to modify fencing requirements as follows:

2. Materials.
a. Open fencing shall mean fencing with over 50 percent of the surface area open for free passage of light and air and through which the area behind the fence is visible to public view. See Exhibit 13-2 Open and Solid Fencing. b. Solid fencing shall mean fencing with 50 percent or less of the surface area open for free passage of light and air and designed to conceal the area behind the fence from public view. See Exhibit 13-2 Open and Solid Fencing. c. Barbed wire fences, electric fences, chain link or similar fencing material is prohibited.
d. Chain link fencing is allowed on interior property lines that are not visible from public rights-of-way.

20. The land use designation of the following properties within the Southwest Industrial Park (SWIP) Specific Plan shall be redesignated from their current designation of Jurupa North Research and Development District (JND) to Slover West Industrial District (SWD) as depicted in the map in Exhibit B:
 0236-161-36, 0236-161-39, 0236-161-38, 0236-151-04, 0236-151-39, 0236-151-40, 0236-151-66, 0236-171-87, 0236-161-33, 0236-161-34, 0236-151-09, 0236-161-46, 0236-161-75, 0236-151-65, 0236-171-88, 0236-151-10, 0236-161-45, 0236-161-76, 0236-171-85, 0236-161-44, 0236-161-41, 0236-181-20, 0236-181-29, 0236-171-07, 0236-172-02, 0236-161-58, 0236-161-57, 0236-161-49, 0236-161-50, 0236-161-53, 0236-161-52, 0236-151-60, 0236-151-61, 0236-151-62, 0236-151-47, 0236-181-21, 0236-171-08, 0236-151-63, 0236-161-59, 0236-181-22, 0236-171-09, 0236-171-92, 0236-171-93, 0236-151-56, 0236-151-57, 0236-161-54, 0236-161-56, 0236-161-64, 0236-161-65, 0236-161-47, 0236-181-12, 0236-151-58, 0236-181-23, 0236-151-59, 0236-161-28, 0236-171-47, 0236-161-10, 0236-161-31, 0236-171-89, 0236-161-32, 0236-171-80, 0236-161-77, 0236-171-79, 0236-161-04, 0236-161-35, 0236-172-01, 0236-151-08, 0236-151-07, 0236-151-26, 0236-151-25 and 0236-151-05.
228
SCD
SWD
JND
RTD
FID
FID
JND
PF
SID
FID
RTD
JSD
SED
RTD
JND
I-10 FREEWAY

ETIWANDA AVE

JURUPA AVE

MULBERRY AVECHERRY AVE

CITRUS AVE

MARLAY AVE

VALLEY BLVD

SLOVER AVE

SANTA ANA AVE

SAN BERNARDINO AVE

CHERRY AVEBEECH AVE

PHILADELPHIA AVE
City of Fontana Southwest Industrial Park (SWIP) Specific Plan Land Use Plan 0 800' City of Fontana
Department of Engineering / Mapping
SWIP Land Use Plan.dwg

BEECH AVE
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
City of Fontana
Planning Commission
Minutes
Cathline Fort, Chair
Raj Sangha, Vice Chair
ldilio Sanchez, Secretary
Matthew Gordon, Commissioner
Ralph Thrasher, Commissioner
Tuesday, March 15, 2022 6:00 P.M. Grover W. Taylor Council Chambers _________________________________________________________________________ CALL TO ORDER/ROLL CALL:

A. Call to Order/Roll Call:

A regular meeting of the City of Fontana Planning Commission was held on Tuesday, March 15, 2022. Vice Chair Sangha called the meeting to order at 6:03 p.m.

Present: Chair Fort (arrived at 6:11 p.m.), Vice Chair Sangha, Secretary Sanchez, and Commissioners Gordon and Thrasher
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Commissioner Gordon, the Pledge of Allegiance was led by Secretary Sanchez.

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.

DocuSign Envelope ID: 669507E9-4755-416C-AE58-617287A33A88 266
Planning Commission Minutes March 15, 2022