• Identify suspects; conduct interviews and interrogations; apprehend and arrest offenders.
• Serve as Field Training Officer as assigned; train new officers on departmental policies, procedures and activities.
• Collect, process, photograph and present evidence suing s cientific techniques including fingerprints, fibers, blood, and related physical evidence. • Enforce traffic laws and ordinances; check speed with radar; issue warnings and citations.
• Conduct building and field searches; check buildings for physical security. • Direct traffic at fire, special events, and other emergency or congested situations. • Conduct investigations of injury and fatal traffic accidents; conduct traffic accident analyses and general traffic surveys.
• Conduct a variety of criminal investigations involving crimes against persons and property; gather evidence and prepare cases for prosecution. • Contact and interview victims and witnesses; preserve and investigate crime scenes. • Conduct covert, undercover investigations as assigned. • Contact and cooperate with other law enforcement agencies in matters relating to the apprehension of offenders and the investigation of offenses. • Assist in the performance of special investigative and crime prevention duties. • Prepare reports on arrests made, activities perf ormed and unusual incidents observed.
• Make arrests as necessary; interview victims, complainants and witnesses; interrogate suspects; gather and preserve evidence; testify and present evidence in court.
• Serve warrants within the department and with outside agencies; remain current on laws and procedures required for processing warrants.
• Serve as Crim e Prevention Officer; oversee and coordinate crime prevention activities; make presentations to local citizens and community groups. • Serve as Intelligence Officer; gather crime related intelligence information and conduct background investigations; coordinate information and activities with outside agencies and jurisdictions.
• Serve as Public Information Officer; respond to inquiries and complaints from individuals, private organizations, news media and the general public; inform and educate the public on cr ime prevention and the criminal justice system; prepare and present public speaking engagements.
• Investigate juvenile related crimes including child abuse and juvenile narcotics; coordinate youth services with outside agencies and organizations including l ocal school districts; conduct community presentations and instruct assigned classes. • May participate in S.W.A.T. and K-9 activities and operations. • May perform duties of police dispatcher or desk officer as needed. • Participate in departmental studies and in staff development. • Attend briefings and provide roll call as needed.
• Maintain prompt and regular attendance.
319
POLICE OFFICER
POLICE OFFICER W/ INTERMEDIATE CERTIFICATE
POLICE OFFICER W/ ADVANCED CERTIFICATE
• 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: Positions requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement, and fine coordination i n preparing reports using a computer keyboard. Additionally, the position requires near, far, and color vision in viewing crime scenes and evidence and firing a weapon. As a law enforcement officer, the incumbent may be required to run in pursuit and subdue suspects while taking them into custody; walk on uneven and slippery surfaces, and climb ladders. Occasionally, this position may be required to work outdoors in all weather conditions, around loud noise, and moving vehicles. Incumbents may also be subjected to physical threats, verbal abuse, and other stressful situations.
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:
• Modern p olice methods and procedures related to patrol, traffic control, crime prevention, investigation and identifications techniques. • Pertinent Federal, State and local laws and ordinances, particularly with reference to apprehension, arrest, custody of persons committing misdemeanors and felonies, rules of evidence, search and seizure, records maintenance, court procedures, traffic control, etc.
• Modern office procedures, methods and computer equipment. • Basic report preparation.
• Geography of the City.
• Police equipment, including firearms, communication equipment and computers. • Recent court decisions and how they affect department and division operations. • Bookkeeping and record keeping methods and procedures. • Modern investigative methods.
• Functions and objectives of Federal, State, and other local law enforcement agencies. • Offensive and defensive weapons nomenclature and theory. • Department rules and regulations.
• Self-defense tactics.
• Crime patterns and trends in an assigned area.
• First aid principles and techniques.
• Interviewing and interrogation techniques.
320
POLICE OFFICER
POLICE OFFICER W/ INTERMEDIATE CERTIFICATE
POLICE OFFICER W/ ADVANCED CERTIFICATE
Ability to:
• Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals, all while being free from any bias against race or ethnicity, gender, nationality, religion, disability, sexual orientation, etc.
• Properly interpret and make decisions in accordance with laws, regulations and policies.
• Gather, assemble, analyze evaluate and use facts and evidence. • Analyze situations quickly and objectively, and determine proper course of action. • Obtain information through interviews and interrogation. • Understand and carry out oral and written instructions. • Foster positive relationships between the community and the Police Department, including managing the public tactfully and effectively. • Learn the operation of standard equipment and facilities required in the performance of assigned tasks.
• Learn standard broadcasting procedures of a police radio system. • Meet the physical requirements established by the Department. • Communicate effectively, both orally and in writing.
• Use and care of firearms.
• Prepare accurate and grammatically correct written reports. • Demonstrate keen powers of observation and memory.
• Demonstrate and encourage strong critical thinking and collaborative problem-solving techniques.
• Establish and maintain effective working relationships with those contacted in the course of work including a variety of City and other government officials, community groups, and the general public.
EXPERIENCE AND TRAINING GUIDELINES : Candidates must meet the minimum standards as required by the California Government Code Section 1031:
• Be legally authorized to work in the United States under federal law. • Be at least 21 years of age.
• Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.
• Be of good moral character, as determined by a thorough background investigation. • Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the Califo rnia High School Proficiency Examination, or have attained a two -year, four -year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting 321
POLICE OFFICER
POLICE OFFICER W/ INTERMEDIATE CERTIFICATE
POLICE OFFICER W/ ADVANCED CERTIFICATE
association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA). • Be found to be free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer.
Police Officer
Experience: Successful completion of a P.O.S.T. certified basic police academy or equivalent.
Licenses/Certificates: Possession of, and continuously throughout employment, a valid California Class “C” Driver’s License or equivalent . Possess and maintain a P.O.S.T.
Basic Certificate within eighteen months of employment as a Police Officer.
Police Officer w/ Intermediate Certificate
In addition to the requirements for Police Officer:
Experience: One (1) year of law enforcement experience as a Police Officer.
Licenses/Certificates: Possess and maintain a P.O.S.T. Intermediate Certificate.
Police Officer w/ Advanced Certificate
In addition to the requirements for Police Officer w/ Intermediate Certificate:
Licenses/Certificates: Possess and maintain a P.O.S.T. Advanced Certificate. Regular status as a Police Officer in the City of Fontana.
SUPPLEMENTAL INFORMATION: Successful candidates will be required to pass a drug screening, fingerprint screening, physical examination and a background investigation.
322
APPROVED BY CITY COUNCIL: FEBRUARY 28, 2023 M/C - NON-EXEMPT
CITY OF FONTANA
POLICE SUPERVISING PROPERTY CONTROL CLERK
DEFINITION: Under general direction from higher level Police Department supervisory and management staff, provides supervision, assignment and review of work performed by staff responsible for rece iving, preserving, storing and disposal of property and evidence collected in the course of police operations and investigations in accordance with specific laws, rules, regulations and policies.
ESSENTIAL FUNCTIONS: The incumbent must have the ability to:
Supervise, schedule, train and evaluate assigned staff. Serve as an evaluator on oral interv iew panels and other testing processes. Assist in the development and implementat ion of priorities, goals and objectives for the property control program.
Receive items of evidence collected by police officers; take photographs of collected evidence; prepare and maintain logs and re cords of property received, stored, destroyed or sold.
Coordinate the exchange of property between the Sheriff’s Crime Lab and the Police Department.
Apply pertinent Federal, State and loca l criminal and civil laws, codes and regulations; and principles and procedures of storage and record keeping. Prepare and transport evidence to crim e lab for identification and analysis. Testify in court regarding t he integrity of property preservation, storage or disposal. Prepare an inventory of dis posable property for public auction; participate in annual property auctions.
Maintain security of property and ev idence storage areas; order needed supplies. Perform routine record keeping and clerical duties as required; operate a computer and related software equipment; research case information as needed. Advise Department personnel of the laws and policies of evidential property control. Follow the disposition of criminal cases to determine appropriate treatment of impounded property.
Work independently.
Understand and follow oral and written instructions.
Communicate clearly and concisely, both verbally and in writing. Establish and maintain cooperative workin g relationships with those contacted in the course of work.
Maintain prompt and regular attendance.
Employee must perform any other tasks or functions deemed necessary to the daily operations of the employer or as the situation requires. This position is always evolving. Therefor e, the 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.
323
POLICE SUPERVISING PROPERTY CONTROL CLERK
WORKING CONDITIONS: Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatti ng, and stooping in the performance of daily office activities. The position also requires grasping, repetitive hand movement, and fine coordination in preparing reports and data using a computer keyboard. Additionally, the position requ ires near and far vision in reading correspondence and using the computer, and acute hearing when providing phone and public service. The ability to lift, drag and push files, documents and other heavy objects up to 50 pounds is also required. This position may also handle contraband, contaminated items, and biological samples.
EXPERIENCE AND TRAINING GUIDELINES: A combination of experience and training that would provide the required know ledge and abilities is qualifying. The incumbent must have knowledge of:
Principles of supervision.
Operations, services and activities of a public safety property control program. Applicable Federal, State and lo cal laws, codes and regulations. Principles and procedures of effective record keeping. Modern office procedures, methods and equipment including computers and applicable software.
Effective customer service techniques and principles. Occupational hazards and standard safety practices.
Departmental policies and procedures for service requests.
Experience: Two (2) years as a Lead Property Control Clerk or similar position with a law enforcement agency.
Education: Equivalent to the completion of the twelfth grade.
Licenses/Certifications: Possession of, and continuously throughout employment, a valid California Class “C” Driver’s License or equivalent.
A typing speed of 35 net words per minute (WPM) is required.
SUPPLEMENTAL INFORMATION: Successful candidates wil l be required to pass a drug screening, fingerprint screening, ph ysical examination and a background investigation conducted by the Fontana Police Department. In addition, incumbents are required to complete a Statement of Econom ic Interest Form (700 Form) annually and ethics training bi-annually, pursuant to AB 1234.
324
NON-CLASSIFIED, PART-TIME CLASSIFICATIONS
HOURLY SALARY TABLE
Effective 03/01/2023
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
After School Community Services PT 01 18.03$ 18.94 $ 19.89 $ 20.89 $ 21.94 $ HOURLY After School Community Services PT 02 19.15$ 20.11 $ 21.12 $ 22.18 $ 23.29 $ After School Community Services PT 03 20.35$ 21. 37$ 22.44 $ 2 3.57$ 24.7 5$ Animal Services Assistant PT 04 15.50$ 16.28 $ 17.10 $ 17.96 $ 18.86 $ Assistant Pool Manager PT 05 18.97$ 1 9.92$ 2 0.92$ 21. 97$ 2 3.07$ Audio Visual (AV) Technician I PT 27 17.66$ 1 8.55$ 1 9.48$ 2 0.46$ 21.4 9$ Audio Visual (AV) Technician II PT 28 19.43$ 2 0.41$ 21.44 $ 22. 52$ 2 3.65$ Boards & Commission Secretary PT 06 18.63$
Community Services Assistant PT 07 15.50$ 16.28 $ 17.10 $ 17.96 $ 18.86 $ Intern I PT 08 15.50$ 16.28 $ 17.10 $ 17.96 $ 18.86 $ Intern II PT 09 16.90$ 17.75 $ 18.64 $ 19.58 $ 20.56 $ Intern III PT 10 18.41$ 19.34 $ 20.31 $ 21.33 $ 22.40 $ IT Applications Programer PT 11 40.80$
Lifeguard PT 12 15.97$ 1 6.77$ 17. 61$ 1 8.50$ 1 9.43$ Maintenance Assistant PT 14 15.50$
Office Assistant PT 15 16.41$ 17.24 $ 1 8.11$ 1 9.02$ 1 9.98$ On-Call Police Dispatcher PT 16
Police Background Investigator PT 17 35.74$
Police Cadet PT 18 15.50$ 16.28 $ 17.10 $ 17.96 $ 18.86 $ Police Maintenance Coordinator PT 28
Police Reserve Officer PT 19 25.00$
Pool Manager PT 20 20.68$ 21.72 $ 22.81 $ 23.96 $ 25.16 $ Retired Annuitant/Consultant PT 26
Senior Audio Visual (AV) Technician PT 29 21.38$ 22.45 $ 23.58 $ 24.76 $ 26.00 $ Senior Community Services Assistant PT 21 16.90$ 17.75 $ 18.64 $ 19.58 $ 20.56 $ Senior Transportation Specialist PT 22 18.97$ 19.92 $ 20.92 $ 21.97 $ 23.07 $ Student Trainee PT 23 15.50$
Traffic Signal Maintenance Assistant PT 13 15.50$ 16.28 $ 17.10 $ 17.96 $ 18.86 $ Transportation Specialist PT 24 17.46$ 18.34 $ 19.26 $ 20.23 $ 21.25 $ Transportation Specialist Trainee PT 27 15.50$
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
Salary Range $15.50 - $250.00 per hour
(Refer to Police Benefit Association Salary Table)
(Refer to Police Benefit Association Salary Table)
NON-CLASSIFIED, PART-TIME CLASSIFICATIONS
HOURLY SALARY TABLE
Effective 03/01/2023
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Water Safety Instructor (WSI) PT 25 17.41$ 18.29 $ 19.21 $ 20.18 $ 21.19 $ HOURLY
APPROVED BY CITY COUNCIL: FEBRUARY 28, 2023 PT – NO BENEFITS
CITY OF FONTANA
SENIOR AUDIO VISUAL (AV) TECHNICIAN
DEFINITION: Under direction from Audio Visual (AV) staff, performs a wide variety of AV support services for the City’s cable access programs, audio visual systems, and performs a variety of technical tasks relative to assigned areas of responsibility.
Incumbents assigned to this classification are required to provide a high level of customer service.
DISTINGUISHING CHARACTERISTICS
Employees in this classification are distinguished from the Audio Visual Technician II by the performance of all duties assigned to this classification and possess technical/functional expertise and perform specialized duties in a highly independent manner. This classification will provide team leader support to lower -level audio visual technical staff.
ESSENTIAL FUNCTIONS: The incumbent must have the ability to:
• Perform all of the essential functions of an Audio Visual Technician I and II classifications.
• Provide event support for higher-profile City events, including live performances. • Provide higher level technical expertise for the camera, lighting, sound, and audio systems in various City facilities, both indoor and outdoor. • Lead production projects related to content creation for the City’s cable access channel.
• Produce live meetings by operatin g and controlling multiple cameras, and multiple remote videoconferencing sites, capturing and mastering professional quality videos for distribution to internal and external customers, and providing other critical support functions for live meetings.
• Design, configure, lay out, and connect electrical and AV cables and components used in the operation of audio visual equipment , including but not limited to cameras, microphones, speakers, lighting, sound boards, switches, podiums, backdrops, etc.
• Perform advanced installation, maintenance, and engineering of AV equipment, including but not limited to cameras, integrated production/broadcast system, analog, non-linear editing systems, lighting, and sound systems, etc. • Make recommendations and coordinates the purchase and installation of new audio, video, or other multimedia equipment; maintains purchasing records. • Maintain the inventory of media resources and equipment. • Research new technological advances; recommends changes and new /revised strategies to improve and increase effectiveness and reach. • Maintain cooperative working relationships with those contacted in the course of work.
• Communicate clearly and concisely, both verbally and in writing. • Maintain prompt and regular attendance.
327
SENIOR AUDIO VISUAL (AV) TECHNICIAN
• Employee must perform any other tasks or functions deemed necessary to the daily operations of the employer or as the situation requires. • 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 sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. This position also requires grasping, gripping, repetitive hand movement, and fine coordination in pre paring reports, using a computer keyboard, and using video and camera equipment. The need to lift, carry and push tools, equipment, and supplies weighing 25 pounds or more is also required. May be exposed to working outside in the elements; hot, cold, an d rain. Additionally, the position requires near and far vision in reading written documents. Acute hearing is required when providing telephone service and providing video service.
EXPERIENCE AND TRAINING GUIDELINES
A combination of experience and trai ning that would provide the required knowledge and abilities is qualifying. In addition to possessing the knowledge and abilities required for the Audio Visual Technician I and II classifications, t he employee must have the knowledge of:
• Principles and practices of program development and implementation. • Advanced knowledge of sound and recording equipment.
• Working knowledge of various lighting equipment.
• Recent developments, current Federal and State laws, and local codes relating to cable access television.
• Television and video equipment and production techniques for directing editing, camera, audio, and graphics.
• Good problem-solving skills.
• Creative thinking and artistic sensibility.
• Principles and procedures of record keeping and reporting • Modern office organization and equipment and the use of a computer and related software applications.
Experience: A minimum of three (3) years of professional, hands-on work experience in a variety of media and video production areas or televi sion production; must include at least two (2) years of recent experience (within the last 5 years) in the production of live broadcasts.
Education: Equivalent to the completion of an Associate’s degree from an accredited college or universit y with major coursework in digital media, media communications, broadcasting, audio/visual technology, information technology, or a closely related field.
328
SENIOR AUDIO VISUAL (AV) TECHNICIAN
Licenses/Certifications: Possession of, and continuously throughout employment, a valid California Class “C” Driver’s License or equivalent. AVIXA Certified Technology Specialist (CTS) Certification is preferred.
SUPPLEMENTAL INFORMATION: Successful candidates will be required to pass a drug screening, fingerprint screening, physical exam ination and an abbreviated background investigation conducted by the Fontana Police Department.
329
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2040 Agenda Date: 2/28/2023
Agenda #: B. Category: New Business
FROM:
Development Services
SUBJECT:
An ordinance of the City Council of the City of Fontana, California, amending Chapter 33, “Cannabis Businesses and Activities” and finding that the Ordinance is exempt from the California Environmental Quality Act.
RECOMMENDATION:
1. Determine that the project is Categorically Exempt pursuant to Section 15061(b)(3) and State CEQA Guidelines Section 15060(c)(2).
2. Read by title only and waive further reading of and introduce Ordinance No. 1912 an Ordinance of the City Council of the City of Fontana, California, amending Chapter 33, “Cannabis Businesses and Activities,” and the reading of the titled constitutes the first reading thereof.
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.
· Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Promote economic development by developing regulations for retail cannabis operations.
DISCUSSION:
Background
On July 26, 2022, the City Council approved the addition of Chapter 33 - “Cannabis Businesses and Activities” to the Code of the City of Fontana (“Code”) and modification of Chapter 30 - “Zoning and Development Code” to provide for limited retail sales of commercial cannabis. Minor amendments were approved on October 25, 2022 to rename “commercial cannabis” to “cannabis retailer- storefront” and reference special regulations for same and to make minor modifications to Chapter 33 related to phasing, authorization letters, and locations for permit applications along with limiting the number of permits to be issued to any applicant to one.
In approving the new cannabis regulations, the City Council approved the establishment of a maximum of three (3) Permits. The Permits will be issued for one of each of three designated areas within the City (i.e., North, Central, and South). Within each of those designated areas, Permits may be issued in the following zone districts: C-1 (Community Commercial), C-2 (General Commercial), and Specific Plan areas designated in Ordinance No. 1899. In addition to all other applicable zoning City of Fontana Printed on 2/23/2023Page 1 of 2
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File #: 21-2040 Agenda Date: 2/28/2023
Agenda #: B. Category: New Business
and Specific Plan areas designated in Ordinance No. 1899. In addition to all other applicable zoning regulations, no Permit will be issued for a business located within a 600-foot radius of a school providing instruction in kindergarten or any grades one through twelve, a day care center, park, a youth and recreation center, or city boundaries.
Analysis:
Ordinance No. ____, adds an additional requirement for a Development Agreement. The Development Agreement will be a negotiated agreement between the City and the Commercial Cannabis Business. Development Agreements require a formal process as set forth in the Government Code Section 65864, et. seq. Any Development Agreement with a Commercial Cannabis Business would come back to the City Council for approval.
In addition, this Ordinance adds pre-schools to the 600-foot radius and clarifies that the 600-foot radius applies to boundaries with adjacent cities. Staff is making these amendments to clarify any misinterpretation that may occur with the current verbiage. Further, this Ordinance will simplify the reference in Sec. 33-28, (3)b from “Downtown Retail” to “Retail”.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FONTANA, CALIFORNIA, AMENDING CHAPTER 33,
“CANNABIS BUSINESSES AND ACTIVITIES” AND
FINDING THAT THE ORDINANCE IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Fontana, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on September 13, 2016, the City Council adopted Ordinance No. 1747 prohibiting all marijuana uses in the City to the extent allowed under California state law, and included a provision requiring a Residential Indoor Marijuana Cultivation (“ RIMC”) permit for any individual who desires to grow up to six (6) marijuana plants in their private residence; and WHEREAS, on November 8, 2016, California voters approved Proposition 64, titled the “Adult Use of Marijuana Act” (the “AUMA”) and enacted a state statutory scheme legalizing, controlling, and regulating the cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical (“adult-use“ or “recreational”) cannabis, including cannabis products, for use by adults twenty-one (21) years of age and older; and
WHEREAS, on January 24, 2017, the City Council adopted Ordinance No. 1758 amending the Zoning and Development Code by adding a new Section 30 -7(b) entitled “Residential Indoor Marijuana Cultivation” to regulate indoor cultivation of marijuana and adopted Resolution No. 2017-05 establishing fees for a RIMC permit; and
WHEREAS, on March 12, 2019, the City council adopted Ordinance No. 1794 amending the RIMC fees; and
WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the “Medicinal and Adult- Use Cannabis Regulation and Safety Act” (“SB 94” or the “MAUCRSA”). SB 94 creates one state regulatory structure for medical and adult-use commercial cannabis activities, reconciling AUMA, with the Compassionate Use Act of 1996 (Proposition 215) and MCRSA (collectively referr ed to as “the Act”). SB 94 provided that a state license will not be approved for a business to engage in Commercial Cannabis Activity if the business activity violates any local ordinance or regulation; and
WHEREAS, three State licensing authorities char ged with licensing and regulating commercial cannabis activities in California, the Bureau of Cannabis Control (“BCC”), the California Department of Food and Agriculture (“CDFA”), and the California Department of Public Health (“CDPH”), commenced releasing emergency regulations, outlining the standards and licensing procedures for both medicinal and adult-use commercial cannabis, and began issuing licenses for such activities on January 1, 2018; and
WHEREAS, having banned commercial cannabis citywide so as to monitor continuous developments with state law and how neighboring cities would regulate cannabis, the City Council has developed an approach to regulating cannabis businesses within the City which will increase 332
2 the likelihood of high quality and successful businesses and minimize potential adverse secondary impacts; and
WHEREAS, City Council adopted Ordinance 1899 on July 26, 2022 establishing a regulatory permit scheme for commercial cannabis activities; and
WHEREAS, City Council now wishes to amend Chapter 33 to add additional language regarding the requirements to enter into a development agreement with the City and expand requirements, in addition to those currently existing, that commercial cannabis activities are not allowed to be located within a 600-foot radius of any pre-school or boundaries of adjacent cities; and WHEREAS, the City Council finds and declares that this Ordinance constitutes a valid exercise of police power in accordance with Article XI, Section 7 of the Ca lifornia Constitution, is consistent with the language and intent of the AUMA, MAUCRSA, and related laws regulations, and policies issued by the state, consistent with the General Plan, and furthers the health, safety, and general welfare of the residents of the City of Fontana.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fontana as follows:
SECTION 1: Incorporation of Recitals . The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
SECTION 2: Municipal Code Amendment. Section 33-6(a) of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“No person may engage in any commercial cannabis business or in any commercial cannabis activity within the city unless the person (a) has a valid commercial cannabis permit from the city, (b) has a valid State of California seller's permit, (c) has entered into a fully executed operating agreement, approved by city council, (d) has entered into a fully executed development agreement, approved by city council and (e) is in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business and commercial cannabis activities, including the duty to obtain any required state licenses, business license obtained and all taxes paid and all other applicable laws including without limitation zoning and fire codes.”
SECTION 3: Municipal Code Amendment. Section 33-6(c) of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“In addition to all other applicable zoning regulations and the requirements of all required state and local permits, no Commercial Cannabis Permit will be valid if the proposed Commercial Cannabis Business is located within a 600-foot radius of a school providing instruction in pre-school, kindergarten or any grades one through twelve, a day care center, park, a Youth and Recreation Center with primary Youth and Recreation Center activities, which is in lawful existence at the time a successful application was submitted to the City, or the City boundaries. No Commercial Cannabis Permit will be valid if the proposed Commercial Cannabis 333
3 Business is located within a 600 -foot radius of the City boundaries with adjacent cities.”
SECTION 4: Municipal Code Amendment . Section 33 -8(a)(14)(a)(2) of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“Map identifying any instruction in pre-school, kindergarten or any grades one through 12, day care, park, youth and recreation center facilities, City boundaries with adjacent cities, and any commercial cannabis business located within 600 feet of the property lines of the proposed location. If the proposed location is not within 600 feet of any such uses, identify on the map the closest such use, and the distance in feet between that use and the property line of the proposed location;” SECTION 5: Municipal Code Amendment. Section 33-21 of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“Operating agreement required; Development agreement required.
Prior to issuing the permit and commencing operations, a permittee of a commercial cannabis business must enter into a fully executed operating agreement with appropriate fiscal mitigation measures, in a form satisfactory to city manager and city attorney. Additionally, the permittee of a commercial cannabis business must enter into a fully executed development agreement in a form satisfactory to city manager . City manager shall be authorized to execute the operating agreement and development agreement.”
SECTION 6 . Municipal Code Amendment . Section 33 -28(3)(b) of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“Downtown Retail;”
SECTION 7: Municipal Code Amendment. Section 33-29 of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“No commercial cannabis business may be located within a 600 -foot radius of a school providing instruction in pre-school, kindergarten or any grades one through 12, a day care center, a park, a youth and recreation center, which is in lawful existence at the time a successful application for a commercial cannabis permit was submitted to the city, or the City boundaries with adjacent cities . The distan ce specified in this section shall be the horizontal distance measured in a straight line from the property line of the school or other protected use to the closest property line of the lot on which the commercial cannabis business is located, without regard to intervening structures.”
SECTION 8: CEQA. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) because it wil l not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, § 15060(c)(2)- 334
4 (3).) In the alternative, even if the Ordinance were a project subject to CEQA, the Ordinance would be exempt from CEQA under the “common sense” exemption set forth under State CEQA Guidelines section 15061(b)(3) on the basis that it can be seen with certainty that there is no possibility that the Ordinance may have a significant impact on the environment. Notably, the Ordinance does not authorize or permit the construction or operation of any cannabis business or cannabis-related use, nor does it authorize or permit any other activity that could potentially have a significant impact on the environment.
SECTION 9: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional.
SECTION 10: Nothing in this Ordinance shall be construed to allow persons to engage in conduct that violates state law, endangers others, causes a public nuisance, allows the use or diversion of cannabis in an unlawful manner or inconsistent with state law SECTION 11: The City Clerk shall attest to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall become effective thirty (30) days after its adoption.
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5 PASSED, APPROVED AND ADOPTED this ____ day of __________, 2023.
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Acquanetta Warren, Mayor
City of Fontana
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Germaine McClellan Key
City Clerk
Read and Approved as to form:
Best, Best & Krieger, LLP.
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Ruben Duran, City Attorney
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