Agenda packet — Fontana City Council, April 22, 2025 (part 1 of 2)

Tuesday, April 22, 2025
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Revised Agenda
Ord. No.1968 Reso. No. 2025-021
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 Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Revised Agenda April 22, 2025
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at 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 Council Chambers is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office.

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

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

PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957.6 City Negotiator:

John Bakhit, Labor Counsel. Employee Organization( s):

Police Officers Association.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED

LITIGATION
(Government Code section 54956.9(d)(4))
Initiation of litigation: One Potential Case
25-0149

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2 City Council Meeting Revised Agenda April 22, 2025
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor Warren and City Council to recognize, Officers Dustin Mullins, Andrew O ’Brien, Samuel Saenz and
Dominic Galvan and Administrative Analyst I Justice
Montgomery as February 2025 Employees of the Month
(Captain Brian Binks to present).

2. Measure T, CIP Program Presentation
25-0157
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.

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 25-0159
Approve the minutes of the April 8, 2025, Regular City Council Meeting.

Attachment 1 - City Council Meeting Minutes 04-08-2025.pdfAttachments:

B. Second Reading and Adoption of Ordinance No. 1966,
Approving Municipal Code Amendment No, 24-006 to
Amend Section 30-467 of the Fontana Municipal Code,
25-0166

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3 City Council Meeting Revised Agenda April 22, 2025
Pursuant to a Statutory Exemption from CEQA Under
Public Resources Code § 21080.17 and Directing Staff to File a Notice of Exemption.

Adopt Ordinance No. 1966 (Second Reading), Approving Municipal Code Amendment No, 24-006 to Amend Section 30-467 of the Fontana Municipal Code, Pursuant to a Statutory Exemption from CEQA Under Public Resources Code § 21080.17 and Directing Staff to File a Notice of Exemption.

Attachment No. 1- Ord 1966.docxAttachments:

C. Authorize the Renewal of VMware Software Licensing and Dell VxRail Hardware Maintenance
25-0122

1. Authorize the Purchasing Office to procure software licensing and maintenance support utilizing the Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Purchase by Another Agency.

2. Authorize Purchasing Division to use the National Association of State Procurement Officials (NASPO) ValuePoint contract 7-17-70-40-05 to purchase 3 Year VMware /Broadcom vSAN software licensing ( $119,380 per year) and 1 Year Dell VxRail hardware maintenance and support ($152,619.45) from authorized reseller SidePath of Laguna Hills, CA.

Attachment No. 1- CA_Amendment_2.pdf
Attachment No. 2 - QUOTE-SIDQ52434.pdf
Attachment No. 3.- QUOTE-SIDQ52698.pdf
Attachments:

D. Award a Construction Contract for the 2024/25 Citywide Pavement Rehabilitation Project (DE-25-102-SB)
25-0133

1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the 2024/25 Citywide Pavement Rehabilitation Project, in the amount of $4,476,528.27 and authorize a 10% contingency in the amount of $447,652.83 (DE-25- 102-SB).

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 2024/25 Citywide Pavement Rehabilitation Project.

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4 City Council Meeting Revised Agenda April 22, 2025
Attachment No. 1 - Bid Results 24-25 Citywide Pavement
Rehab.pdf
Attachment No. 2 - BidResultDetail.pdf
Attachment No. 3 - Grid Map 47 Pavement Map.pdf
Attachment No. 4 - Marygold Ave Sierra to Maple Map.pdf Attachment No. 5 - Merrill Ave Alder to Maple Map.pdf
Attachment No. 6- Sierra Ave Baseline to Highland Map.pdf Attachment No. 7 - Sierra Ave Summit to Sierra Lake
Map.pdf
Attachments:

E. Final Acceptance of the Rose Avenue Pavement
Rehabilitation Project (DE-24-86-SB)
25-0134
Accept as complete the work performed by Dash Construction Company, Inc. for the Rose Avenue Pavement Rehabilitation Project.

Attachment No. 1- 23-11-10 Rose Avenue Rehab Plans
FINAL.pdf
Attachments:

F. Award a Construction Contract for the Active
Transportation Program (ATP) Date Elementary School
Street Improvements Project Federal ID No .

ATPSB1L-5307(032), (Bid No. DE-24-248-SB)
25-0138

1. Award bid and authorize the City Manager to execute a construction contract with Universal Construction and Engineering for the construction of the Active Transportation Program (ATP) Date Elementary School Street Improvements Project Federal ID No. ATPSB1L-5307(032), in the amount of $1,531,066.25 and authorize a 10% contingency in the amount of $153,106.63 (Bid No. DE-24-248-SB).

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 Active Transportation Program (ATP) Date Elementary School Street Improvements Project Federal ID No.

ATPSB1L-5307(032), (Bid No. DE-24-248-SB).

Attachment No. 1 - Vicinity Map
Attachment No. 2- Bid Results
Attachment No. 3- Bid Detail
Attachments:

G. Adoption of a Resolution Accepting, Pursuant to the
Certified Southridge Village Specific Plan Environmental Impact Report No. 81-3 (SCH No. 81052210) and Adopted
Addendum, the Conveyance of that Certain Property
Located at Live Oak Avenue, West of Old Live Oak Avenue, from the Fontana Public Financing Authority, Declaring a Portion of the Property a Right-of-Way and Establishing 25-0143

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5 City Council Meeting Revised Agenda April 22, 2025
Conditions for Final Acceptance of Related Roadway
Improvements

1. Adopt Resolution No. 2025-021, accepting, pursuant to the certified Southridge Village Specific Plan Environmental Impact Report No. 81-3 (SCH No. 81052210) and Adopted Addendum, the conveyance of that certain property located at Live Oak Avenue, west of Old Live Oak Avenue, from the Fontana Public Financing Authority, declaring a portion of the property a right-of-way, and establishing conditions for final acceptance of related roadway improvements and directing staff to file a Notice of Determination.

2. Provide the City Manager with the authority to take all necessary actions to ensure the successful execution and completion of the conveyance of that certain real property located at Live Oak Avenue, west of Old Live Oak Avenue in the City of Fontana, from the Fontana Public Financing Authority to the City of Fontana.

Attachment No. 1 - Resolution of CC Accepting Grant of
Property from FPFA--c1-c1.docx
Attachment No. 2 - Exhibit A - Resolution 2023-085.pdf
Attachment No. 3 - Exhibit B - Fontana Public Financing Authority Grant Deed to City-c1.docx
Attachment No. 4 - Exhibit C - Legal Description.pdf
Attachment No. 5 - Exhibit D - Plat.pdf
Attachments:

H. Accept Donation from Burrtec Waste Industries, Inc. ( 2025 Fontana Days Run)
25-0146
Accept donation from Burrtec Waste Industries, Inc. in the amount of $1,000 for use towards the 2025 Fontana Days Run
Attachment No. 1 - Burrtec Waste Industries, Inc (2025 Fontana Days Run).pdf
Attachments:

I. Accept Donation from Bel-Air Swap-Meet, Inc. ( 2025
Fontana Days Run)
25-0147
Accept donation from Bel-Air Swap-Meet, Inc. in the amount of $10,000 for use towards the 2025 Fontana Days Run.

Attachment No. 1 - Bel-Air Swap-Meet, Inc. (2025 Fontana Days Run).pdf
Attachments:

J. Accept Donation from Les Schwab Tire Center ( 2025
Fontana Car Show)
25-0148
Accept donation from Les Schwab Tire Center in the amount of $1,000 for use towards the 2025 Fontana Car Show.

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6 City Council Meeting Revised Agenda April 22, 2025
Attachment No. 1 - Les Schwab Tire Center (2025 Fontana Car Show).pdf
Attachments:

K. Award a Construction Contract for the Southridge Dog Parks (East and West) Project (Bid No. DE-25-97-SB)
25-0151

1. Award bid and authorize the City Manager to execute a construction contract with Zeco, Inc. for the construction of the Southridge Dog Parks (East and West) Project, in the amount of $541,326.50 and authorize a 10% contingency in the amount of $54,132.65 (Bid No. DE-25-97-SB).

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 Southridge Dog Parks (East and West) Project (Bid No. DE-25-97-SB).

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Bid Results
Attachmetn No. 3 - Bid Detail
Attachments:

L. Approve Amendment No. 2 to the Professional Services Agreement for Architectural Design Services for the City Hall Renovation Project - Phase II (City Hall) (DE-24-147-SP) 25-0153
Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP), in the amount of $766,670.00 for a total contract amount of $1,956,160.00.

Attachment No. 1 - Vicinity Map.pdf
Attachment No. 2 - [DRAFT] SILLMAN Amendment No. 2
(DE-24-147-SP; 2025-3-31).pdf
Attachments:

M. Police Department Monthly Information Update 25-0155 Accept the Police Department monthly information update for February 2025.

Attachment No. 1- Febuary 2025 Report for City Council
Rev.pptx
Attachments:

N. Annual Update on Military Equipment Usage 25-0156
Adopt the “2024 Fontana Police Department Annual Military Equipment Use Inventory Report” in accordance with Ordinance No. 1892 of the Fontana Municipal Code, Governing Military Equipment Usage.

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7 City Council Meeting Revised Agenda April 22, 2025
Attachment No. 1 - Fontana AB 481 Ordinance-c1-c1-c1.pdf Attachment No. 2 - 709 Military_Equipment-c1.pdf
Attachment No. 3 - Fontana PD - AB 481 2024-2025 Annual Report on Military Equipment Usage [BBK 2.26.25]-c1.docx Attachment No. 4 - 2025 FONTANA POLICE MILITARY
EQUIPMENT INVENTORY 2024-c1.docx
Attachments:

NEW BUSINESS:

A. New Business
A. Introduction and First Reading of Ordinance No. 1968, adding Article VII to Fontana Municipal Code Chapter 16 regarding Camping in the City.
25-0154
Introduce and conduct the first reading, by title only, for Ordinance No. 1968, an Ordinance adding Article VII entitled “Camping” to Chapter 16 of the Fontana Municipal Code, establishing procedures for the handling of camping and associated matters.

Attachment No. 1 - Fontana - Ordinance Adding Article VII of Chapter 16 for Prohibition Unlawful Camping-c1.pdf
Attachment No. 2 - Chapter 16 Article VII DRAFT v2
Clean.pdf
Attachment No. 3 - PostedNotice DRAFT.pdf
Attachments:

B. Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2024.
25-0158
Receive and File the City of Fontana’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2024.

Attachment No. 1- 6.30.2024 ACFRAttachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on May 13, 2025 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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8 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0149 Agenda Date: 4/22/2025
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, April 22, 2025
1:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 4/9/2025Page 1 of 1
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9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0157 Agenda Date: 4/22/2025
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, April 22, 2025
Council Chambers
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
City of Fontana Printed on 4/9/2025Page 1 of 2
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10 File #: 25-0157 Agenda Date: 4/22/2025
Agenda #: A. Category: Special Presentation
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11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0159 Agenda Date: 4/22/2025
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the April 8, 2025, Regular City Council Meeting.

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

DISCUSSION:

The City Council will consider approval of the minutes of the April 8, 2025, Regular City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, April 8, 2025

2:00 PM

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 Key - City Clerk
Janet Koehler-Brooks, City Treasurer

Page 2 of 6 ends

CALL TO ORDER/ROLL CALL:

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

The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, April 8, 2025.

Mayor Warren called the Regular City Council Meeting to order at 2:00 p.m.

ROLL CALL:

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

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

ABSENT: Mayor Pro Tem Garcia

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

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

SPECIAL PRESENTATIONS:

A. Mayor Warren and the City Council to recognize awards received from California Parks and Recreation Society (Community Services Supervisor, Bianca Morales and California Parks and Recreation Society (CPRS) President, Kyla Brown to present).

Mayor Warren and the City Council introduced Community Services Supervisor and CPRS District 11 President-Elect Bianca Morales who presented the following awards:

• CPRS District 11 - Community Champion Award- Project Boon – Eat and Be Well Event
• CPRS District 11 - Community Champion Award- Foundation of Hope – (Jack Long's Family) – Over 5 million dollars to Various groups and City programs.

CPRS District 11 President-Elect Morales also presented CPRS District Scholarships for professional development to the following City employees:

• Diana Escobar, Community Services Coordinator, Special Events • Jasmine Saradias, Community Services Coordinator, Healthy Fontana 14

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• Benjamin Galaz, Senior Community Services Assistant

Mayor Warren and the City Council introduced 2024 CPRS President Kayla Brown who presented the following awards:

• 2024 CPRS Award of Excellence recipient for Fontana Activities Brochure in the Marketing & Communications Award of Excellence category. • 2024 CPRS Award of Excellence recipient for the Fontana Senior Paint Night in the Creating Community Aquatic Section Award of Excellence category. • 2024 CPRS Aquatic Section Health and Wellness Award for the City of Fontana Fresh, Fit, and Fun Fair.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Karen Hooper , representing the Inland Empire Ronald McDonald House, invited the community to take part in the upcoming Walk for Kids event on April 27 at Fontana Park. She also shared information about the vital services provided by the Ronald McDonald House and expressed gratitude to the Mayor and City Council for their continued support.

Thomas Franke, also from the Inland Empire Ronald McDonald House, encouraged the community to attend the Walk for Kids Kickoff Event on April 9 at 5 p.m. at the Foundation of Hope.

CONSENT CALENDAR:

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

A. Approval of Minutes 25-0141
Approve the minutes of the March 25, 2025, Regular City Council Meeting.

B. Adoption of Ordinance No. 1967 (Second Reading), Amending 25-0142 Chapters 16, 17, and 19 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices.

Second Reading/Adopt Ordinance No. 1967, Amending Chapters 16, 17, and 19 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices.

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C. Approve Reimbursement Agreement with HDO4, LLC for 25-0152 Construction of Traffic Signals at Duncan Canyon Road/Citrus Avenue and Duncan Canyon Road/John Previti Avenue

1. Approve and authorize the City Manager to execute a Reimbursement Agreement with HDO4, LLC for the construction of traffic signals at Duncan Canyon Road/Citrus Avenue and Duncan Canyon Road/John Previti Avenue, in an amount not to exceed $ 2,398,531.00.

2. Approve appropriation and allocate the amount of $ 2,398,531.00 from Fund 604 Measure T.

PUBLIC HEARINGS:

A. Master Case (MCN) No. 24-0073 and Municipal Code 25-0145 Amendment (MCA) No. 24-0006: Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) to modify Section No. 30 -467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) to comply with State of California law.

Based on the information in the staff report, staff recommends that the City Council introduce Ordinance No. 1966; and,

1. Determine that the proposed ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Public Resources Code section 21080.17 as CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, Which is California’s ADU law and which also regulates JADUs, as defined by section 66313; and,

2. Adopt an Ordinance for Municipal Code Amendment (MCA) No. 24-0006 to amend Chapter 30 of the Municipal Code.

Mayor Warren opened the Public Hearing.

City Clerk Key stated no written communications were received.

Associate Planner Cecily Session-Goins provided the staff report.

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

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

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CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

City Manager Matt Ballantyne had no comments.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

City Treasurer Koehler-Brooks had no comments.

City Clerk Key extended Easter greetings to all.

Council Member Sandoval offered condolences to the families and individuals in whose memory the meeting was adjourned.

Council Member Roberts also wished everyone a happy Easter.

Council Member Cothran had no comments.

Mayor Warren expressed appreciation to those who helped organize the recent Fontana Car Show, noting its success and encouraging the community to attend future events.

ADJOURNMENT:

A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:

1. Benjamin Adame

2. Grace Thr asher

Mayor Warren adjourned the meeting at 2:33 p.m. to the Regular City Council Meeting on Tuesday, April 22, 2025, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_____________________
Christina Rudsell, CMC
Chief Deputy City Clerk

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THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON APRIL 22, 2025.

_______________________
Germaine Key
City Clerk

18 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0166 Agenda Date: 4/22/2025
Agenda #: B. Category: Consent Calendar
FROM:

Planning
SUBJECT:

Second Reading and Adoption of Ordinance No. 1966, Approving Municipal Code Amendment No, 24-006 to Amend Section 30-467 of the Fontana Municipal Code, Pursuant to a Statutory Exemption from CEQA Under Public Resources Code § 21080.17 and Directing Staff to File a Notice of Exemption.

RECOMMENDATION:

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by construction of affordable high-quality multi-family housing.

DISCUSSION:

Ordinance No. 1966 was introduced by a vote of 4-0 at the April 8, 2025, Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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ATTACHMENT NO. 1

ORDINANCE NO. 1966

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT NO. 24-
006 TO AMEND SECTION 30 -467 OF THE FONTANA MUNI CIPAL

CODE, PURSUANT TO A STATUTORY EXEMPTION FROM CEQA
UNDER PUBLIC RESOURCES CODE § 21080.17 AND DIRECTING
STAFF TO FILE A NOTICE OF EXEMPTION.

WHEREAS, pursuant to article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and

WHEREAS, Government Code sections 50022.1 to 50022.10 authorizes a city to codify and recodify its ordinances; and

WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“Code”) through Municipal Code Amendment (“MCA”) No. 24-006; and

WHEREAS, the City of Fontana General Plan (“General Plan”) includes policies and actions calling for numerous updates to the Code; and

WHEREAS, Section 30 -467. – Accessory dwelling units and junior accessory dwelling units. is amended to align with state law; and

WHEREAS, State law requires zoning regulations to be consistent with the general plan and therefore updating the Code would contribute to consistency with the General Plan; and

WHEREAS, the amendments in MCA No. 24-006 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 24-006 are in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and
WHEREAS, the amendments in MCA No. 24-006 are attached here to as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, 20 Ordinance No. 1966

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safety and general welfare, nor will it adversely affect the orderly development of property; and
WHEREAS, the amendments in MCA No. 24-006 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, on January 21, 2025, the Planning Commission held a public meeting on MCA No. 24 -006 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on January 21, 2025, and approved Resolution No. 2025-002 to recommend that the City Council approve the modifications to the Zoning and Development Code; and
WHEREAS, on April 8, 2025, the City Council held a public hearing on MCA No. 24-006 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments and documentation from the Planning Commission’s public hearing on January 21, 2025; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 24-006 that was presented at its public hearing on April 8, 2025; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:

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

Section 2. CEQA. The City Council hereby determines that under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by 21 Ordinance No. 1966

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section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3. Development Code Amendment Findings . The City Council hereby makes the following findings for Municipal Code Amendment No. 24-006 accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries 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: The Municipal Code Amendment permanently codifies the previously approved urgency ordinance. The Municipal Code Amendm ent aligns the municipal code with State of California law as it pertains to accessory dwelling units and junior accessory units. As such, the amendment will promote the General Plan goal of adequate housing to meet the needs of all residents in Fontana.

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 24-006, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.

Section 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

Section 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

Section 8. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

22 Ordinance No. 1966

Page 4 of 4 ends

APPROVED AND ADOPTED this 22nd day of April, 2025.

READ AND APPROVED AS TO LEGAL FORM:

______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 8th day of April 2025, and was finally passed and adopted not less than five days thereafter on the 22nd day of April 2025, 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

23 “EXHIBIT A”

AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout)

Sec. 30-467. Accessory dwelling units and junior accessory dwelling units. (a) Purpose; Application.
(1) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. (2) Application. This section applies to all ADUs and JADUs for which a complete application is submitted on or after January 1, 2023 2025. If a complete ADU or JADU application is submitted prior to that date, the applicant may elect in writing to proceed under the City's ADU regulations that were in effect at submittal; otherwise, this section governs. For purposes of this paragraph, a complete application includes an application that is deemed complete under state law. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) be low. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code § 18007.
(2) Accessory structure means a structure that is accessory and incidental t o a dwelling located on the same lot.
(3) Attached accessory dwelling unit means an ADU that is connected via a permanent wall, ceiling, or floor to a primary dwelling on the same lot. "Attached accessory dwelling unit" does not include an ADU that is only attached to a primary dwelling via a patio structure, overhang, breezeway, or similar structure. Reserved. 24 (4) Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as t he single-family or multi-family dwelling is or will be situated.
(5) Efficiency kitchen means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonab le size in relation to the size of the JADU.
(6) "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation fa cilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (c)(5) above. (7) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (8) Living area means the interior habitable area of a dwelling unit a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation, including basements and attics, but does not include a garage or any accessory structure.
(8) Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
(9) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (11) Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) Tandem parking means that two or more aut omobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (13) Total floor area means the total floor area of the ADU or JADU, inclusive of all habitable and non-habitable areas of the structure, including, but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
25 a. Converted on lot with single-family. One ADU as described in this subsection (d)(1)(a) and one JADU on a lot with a proposed or existing single -family dwelling on it, where the ADU or JADU:

1. Is either: within the space of a proposed single -family dwelling; within the existing space of an existing single -family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

2. Has exterior access that is independent of that for the single-family dwelling; and

3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

4. The JADU complies with the requirements of Government Code § 65852.22 sections 66333 through 66339.
b. Limited detached on lot with single -family. One detached, new -construction ADU on a lot with a proposed or existing single -family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(a) above), if the detached ADU satisfies each of the following limitations:

1. The side- and rear-yard setbacks are at least four feet.

2. The total floor area is 800 square feet or smaller.

3. The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below.
c. Converted on lot with multi-family. One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to st orage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (d)(1)(c), at least one converted ADU is allowed within an existing multi -family dwelling, up to a quantity equal to 25 percent of the existing multi-family dwelling units. d. Limited detached on lot with multi-family. No more than two detached ADUs on a lot that has an existing or a proposed multi-family dwellings, or up to eight detached ADUs on a lot with existing multi -family dwellings, if each detached ADU satisfies all of the following:

1. The side- and rear-yard setbacks are at least four feet. If the existing multi- family dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multi -family dwelling as a condition of approving the ADU.

2. The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below.

3. If the lot has existing multi-family dwellings, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (2) ADU permit.
a. Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below.
26 b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance.

The ADU-permit processing fee is determined by the Director of Planning and approved by the city council by resolution.
(3) Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

1. The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay, or

2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single -family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (d)(3)(b) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (e) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) Zoning.
a. An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(2) Height.
a. Except as otherwise provided by subsections (e)(2)(b) and (e)(2)(c) below, a detached ADU created on a lot with an existing or proposed single -family or multi-family dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single -family or multi -family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 27 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multi -family dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(d) may not exceed two stories. e. For purposes of this subsection (e)(2) , height is measured from existing legal grade to the peak of the structure.
(3) Fire sprinklers.

1.a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2.b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No separate conv eyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code § 66340 et seq., no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lo t and all of the dwellings (in the case of a multi-family lot).
(6) Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. (7) Owner occupancy. As required by state law, all JADUs are subject to an owner occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and perman ent residence. However. the owner -occupancy requirement in this subsection (e)(7)(c) does not apply if the property is entirely owned by another governmental agency. land trust. or housing organization. a. ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner - occupancy requirement in this subsection 0 does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the prop erty in the County Recorder's office and a copy filed with the Director Planning Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
28 a. Except as otherwise provided in Government Code § 65852.26 section 66341, the JADU may not be sold separately from the primary dwelling. b. The JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determi nation consistent with other provisions of this Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Reserved. Income reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code §§ 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual ren t charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90 -day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to subm it the report.

If the owner fails to submit the report within the 30 -day period, the city may enforce this provision in accordance with applicable law. (10) Building and safety.
a. Must comply with building code. Subject to subsection (e)(10)(b) below, al l ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or Code Compliance Department makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(b) prevents the city from changing the occupancy code of a space that was uni nhabitable 29 space or that was only permitted for non-residential use and was subsequently converted for residential use in accordance with this section. (f) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (f) is 1,200 square feet.
b. An attached ADU that is c reated on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(2) Setbacks.
d.a. An ADU that is subject to this subsection (f) must conform to an 18 -foot front-yard setback, subject to subsection (f)(1)(c) above. e.b. An ADU that is subject to this subsection (f) must conform to four-foot side- and rear-yard setbacks.
f.c. No setback is require d for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as a legal existing structure.
(2) (3) Lot coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(c) above. (3) (4) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(4) (5) Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.
b. Exceptions. No parking under subsection (f)(4)(a) is required in the following situations:

1. The ADU is located within one -half mile walking distance of public transit, as defined in subsection (c)(11) above.

2. The ADU is located within an architecturally and historically significant historic district.

3. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(a) above.

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is an established car share vehicle stop located within one block of the ADU.

6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the 30 same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(4)(b)(1) through (5) above.
c. No replacemen t. When a garage, carport, or covered parking structure , or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off -street parking spaces are not required to be replaced.
(5) (6) Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(6) (7) Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU, and adjacent parcels as follows:
a. At least one 15 -gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping must be drought tolerant.
(7) (8) Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(9) Allowed Stories. No ADU subject to this subsection (f) may hav e more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (e)(2)(D) of this section. (g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby 31 Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged prop ortionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility fees.
a. If an ADU is co nstructed with a new single -family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (g)(2)(a), converted ADUs on a single-family lot that are created under subsection (d)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility.

Nor is a connection fee or capacity charge required.
c. Except as described in subsection (g)(2)(a), all ADUs that are not covered by subsection (g)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(h) Nonconforming zoning code conditions, building code violations, and unpermitted structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2018 2020. a. Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2018 2020, if denial is based on either of the following grounds:

1. The ADU or JADU violates applicable building standards, or

2. The ADU or JADU does not comply with the state ADU or JADU law (Government Code § 65852.2) or this ADU ordinance (Section 30-467). b. Exceptions.

1. Notwithstanding subsection (h)(2)(a) above, the city may deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2018 2020, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure to comply with the standards specified in Health and Safety Code section 17920.3.
32 2. Subsection (h)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

33 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0122 Agenda Date: 4/22/2025
Agenda #: C. Category: Consent Calendar
FROM:

Innovation & Technology
SUBJECT:

Authorize the Renewal of VMware Software Licensing and Dell VxRail Hardware Maintenance RECOMMENDATION:

2. Authorize Purchasing Division to use the National Association of State Procurement Officials (NASPO) ValuePoint contract 7-17-70-40-05 to purchase 3 Year VMware/Broadcom vSAN software licensing ($119,380 per year) and 1 Year Dell VxRail hardware maintenance and support ($152,619.45) from authorized reseller SidePath of Laguna Hills, CA.

COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

In 2020, the Innovation and Technology Department purchased three Dell VxRail server systems from Sidepath, Inc. along with a five-year VMware vSAN software licensing and Dell hardware support agreement. These three VxRail server systems run the majority of the City of Fontana’s infrastructure, hosting essential services such as the City’sdocument management system, business license system, the Police Department’spublic safety systems, and critical databases. The initial five- year licensing and support agreement is set to expire in April 2025.

Renewing the VMware vSAN licensing and Dell VxRail support is essential to ensure that the City’s IT infrastructure remains functional, secure, and stable. Replacing the VxRail server systems would cost the City more than extending the support contract, as the systems are still viable and serviceable.

Per the City’sPurchasing Policies and Procedures Manual, Section 3.1.5 Non-Competitive Proposal may be used when a product is being purchased when the product being required was awarded a bid by another agency at the same price offered to the City of Fontana.

City of Fontana Printed on 4/15/2025Page 1 of 2
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34 File #: 25-0122 Agenda Date: 4/22/2025
Agenda #: C. Category: Consent Calendar
FISCAL IMPACT:

Funds for these purchases have been allocated from the IT Department’s Hardware Replacement Program project 02621003.

MOTION:

Approve staff recommendation.

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35 STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-17-70-40-05
AMENDMENT 2
Cloud Solutions
Utah NASPO ValuePoint Master Agreement Number AR2472
Carahsoft Technology Corp. (Contractor)

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The parties mutually agree to amend Participating Addendum 7-17-70-40-05 as follows:
1) Section 3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS is updated to read as follows:

A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum.

Terms can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Model-Contract-Language).
i. General Provisions – Information Technology (GSPD-401IT) effective 9/5/2014.
ii. Cloud Computing Software as a Service (SaaS) General Provisions effective 6/7/2019.
iii. Cloud Computing Special Provisions for Software as a Service (SaaS) effective 03/15/18.
iv. Cloud Computing Special Provisions for Infrastructure as a Service (IaaS) & Platform as a Service (PaaS), effective 05/11/16.
2) Section 5. AVAILABLE PRODUCTS AND SERVICES is updated to read as follows:

A. The following service offerings from the Utah NASPO ValuePoint Master Agreement Number AR2472 are allowed under this Participating Addendum:
1) Software as a Service (SaaS)
2) Infrastructure as a Service (IaaS)
3) Platform as a Service (PaaS)

3) Section 6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES (STATE AGENCIES ONLY) is updated to read as follows:

A. The following product/service offerings are disallowed for state agencies under this Participating Addendum:
1) Value Added Services, including Additional Value Added Services such as Maintenance Services; Deployment Services; Consulting/Advisory Services; Architectural Design Services; Statement of Work Services; Partner Services, and Training Deployment Services
36 Participating Addendum 7-17-70-40-05
Amendment 2

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B. Product and service categories that are available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by State agencies without an exemption. Prior to issuing a purchase order, State agencies are responsible for obtaining an exemption from DGS, and/or California Department of Technology (CDT).

C. State agencies must first obtain approval by the California Department of Technology (CDT) to use this Participating Addendum for Infrastructure as a Service (IaaS) and/or Platform as a Service (PaaS) purchases in accordance with Technology Letter 17-06 (www.cdt.ca.gov/wp-content/uploads/2017/08/TL- 17-06.pdf).
4) Section 14. CONTRACT MANAGEMENT subpart A is updated to read as follows:

A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor: Carahsoft Technology Corp.

Name: Alex Cord
Phone: 703-871-8500
E-Mail: [email protected]
Address: 11493 Sunset Hills Road, Suite 100
Reston, VA 20190

5) Section 9 FULFILLMENT PARTNERS/AUTHORIZED RESELLERS is updated to read as follows:

A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Orders may be placed with the Contractor or Authorized Resellers. 2) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum.
3) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
4) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name.
37 Participating Addendum 7-17-70-40-05
Amendment 2

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B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.

C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.

D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers’ contact information in writing at any time during the contract term.

E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.

F. State
-approved Authorized Resellers will be posted on the State’s Cal eProcure website.

All other terms and conditions of the Participating Addendum shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services

CONTRACTOR
Carahsoft Technology Corp.

Agency Name Contractor Name

Authorized Signature Date Signed Authorized Signature Date Signed

Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605

11493 Sunset Hills Road, Suite 100
Reston, VA 20190
Address Address

8/11/2021
Kristina Smith - Director of Contracts
August 11, 2021
Stephanne Lim, MAU2 Supervisor
38 Quotation
Date:02/11/2522892 Mill Creek DriveLaguna Hills, CA 92653 Quotation #:SIDQ52434Phone (949) 748-8700; Fax (949) 748-8706www.sidepath.com Valid Until:03/04/25Prepared By:Jessica DentisProject ID:SIDPROJECT49184 Ship To:Bill To:City of Fontana City of FontanaChris Beck Attn:Chris BeckAttn:8353 Sierra AveFontana, CA 92335-3528 8353 Sierra AveFontana, CA 92335-3528Phone:(909) 350-6791 Phone:(909) 350-6791Email:[email protected] Email:[email protected] Part Number Description Unit Price TotalVxRailThe Current Support Agreement for the EMC VxRail items listed below expires on 3/5/2025.The Support Renewal will cover from 3/6/2025 to 3/5/2026. $2,802.51 $2,802.51Serial #: DE300201104136 - ProSupport Plus HW Support. 1SYSE5601SVENTF VXRAIL 14G E560 1U1N 1S VSAN ENT AF 11S8HPFANE560165GR VXRAIL-500 1S 8 HIGH PERF FAN 165W/GRT 11SE560HSKDM165OL VXRAIL-500 1S E560 165WL HTK DIMM BLNK 1CACHESSD400GB VXR 400GB CACHE SSD 2.5IN 3CAPSSDSATA1.92TBF VXR 1.92TB CAPACITY SATA 2.5IN SSD F 1INSTLCTRYUSAFR640F VXRAIL-500 USA SHIPMOD F 1PS1100WPSF VXRAIL-500 DUAL HOTPLG 1100W PS F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER640CNFG4SNGL VXRAIL-500 RISER R640 CONFIG4 LP 1RRAILKIT1U1NCMAAF VXRAIL-500 A7 RRAILS II WITH CMA 1U1N AF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24603793) 3VXRS1.92SATAF VXR HCI SYSTEM SOFTWRE(CAP 1.92 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRL 1VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL $2,802.51 $2,802.51Serial #: DE300201104137 - ProSupport Plus HW Support 1SYSE5601SVENTF VXRAIL 14G E560 1U1N 1S VSAN ENT AF 11S8HPFANE560165GR VXRAIL-500 1S 8 HIGH PERF FAN 165W/GRT 11SE560HSKDM165OL VXRAIL-500 1S E560 165WL HTK DIMM BLNK 1CACHESSD400GB VXR 400GB CACHE SSD 2.5IN 3CAPSSDSATA1.92TBF VXR 1.92TB CAPACITY SATA 2.5IN SSD F 1INSTLCTRYUSAFR640F VXRAIL-500 USA SHIPMOD F 1PS1100WPSF VXRAIL-500 DUAL HOTPLG 1100W PS F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM

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Qty Part Number Description Unit Price Total 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER640CNFG4SNGL VXRAIL-500 RISER R640 CONFIG4 LP 1RRAILKIT1U1NCMAAF VXRAIL-500 A7 RRAILS II WITH CMA 1U1N AF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support(Serial #: 24603806) 1VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL 3VXRS1.92SATAF VXR HCI SYSTEM SOFTWRE(CAP 1.92 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRL $2,802.51 $2,802.51Serial #: DE300201104143 - ProSupport Plus HW Support 1SYSE5601SVENTF VXRAIL 14G E560 1U1N 1S VSAN ENT AF 11S8HPFANE560165GR VXRAIL-500 1S 8 HIGH PERF FAN 165W/GRT 11SE560HSKDM165OL VXRAIL-500 1S E560 165WL HTK DIMM BLNK 1CACHESSD400GB VXR 400GB CACHE SSD 2.5IN 3CAPSSDSATA1.92TBF VXR 1.92TB CAPACITY SATA 2.5IN SSD F 1INSTLCTRYUSAFR640F VXRAIL-500 USA SHIPMOD F 1PS1100WPSF VXRAIL-500 DUAL HOTPLG 1100W PS F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER640CNFG4SNGL VXRAIL-500 RISER R640 CONFIG4 LP 1RRAILKIT1U1NCMAAF VXRAIL-500 A7 RRAILS II WITH CMA 1U1N AF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24603796) 3VXRS1.92SATAF VXR HCI SYSTEM SOFTWRE(CAP 1.92 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRL 1VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRLThe Current Support Agreement for the EMC VxRail items listed below expires on 3/5/2025.The Support Renewal will cover from 3/6/2025 to 3/4/2026. $9,456.89 $9,456.89Serial #: DE300201205040 - ProSupport Plus HW Support(Service Tag #: 172J333) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1HBA330CTRL2SF VXRAIL-500 PERCHBA330+RAIDCTR12GB 2SLP F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PROGD62381SF VXR INTEL CPU GD 6238 2.1G 22C/44T 1S F 1PROGD62382SF VXR INTEL CPU GD 6238 2.1G 22C/44T 2S F

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Qty Part Number Description Unit Price Total 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24603799) 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRL 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL $11,271.14 $11,271.14Serial #: DE300201205041 - ProSupport Plus HW Support(Service Tag #: 172K333) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1HBA330CTRL2SF VXRAIL-500 PERCHBA330+RAIDCTR12GB 2SLP F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PROGD62381SF VXR INTEL CPU GD 6238 2.1G 22C/44T 1S F 1PROGD62382SF VXR INTEL CPU GD 6238 2.1G 22C/44T 2S F 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24603802) 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRL $8,404.73 $8,404.73Serial #: DE300201205042 - ProSupport Plus HW Support(Service Tag #: 172L333) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1HBA330CTRL2SF VXRAIL-500 PERCHBA330+RAIDCTR12GB 2SLP F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300

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Qty Part Number Description Unit Price Total 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PROGD62381SF VXR INTEL CPU GD 6238 2.1G 22C/44T 1S F 1PROGD62382SF VXR INTEL CPU GD 6238 2.1G 22C/44T 2S F 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24603809) 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRL 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL $8,404.73 $8,404.73Serial #: DE300201205043 - ProSupport Plus HW Support(Service Tag #: 173J333) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1HBA330CTRL2SF VXRAIL-500 PERCHBA330+RAIDCTR12GB 2SLP F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PROGD62381SF VXR INTEL CPU GD 6238 2.1G 22C/44T 1S F 1PROGD62382SF VXR INTEL CPU GD 6238 2.1G 22C/44T 2S F 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24603812) 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRL 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL $8,404.73 $8,404.73Serial #: DE300201205044 - ProSupport Plus HW Support(Service Tag #: 173K333) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF

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Qty Part Number Description Unit Price Total 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1HBA330CTRL2SF VXRAIL-500 PERCHBA330+RAIDCTR12GB 2SLP F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PROGD62381SF VXR INTEL CPU GD 6238 2.1G 22C/44T 1S F 1PROGD62382SF VXR INTEL CPU GD 6238 2.1G 22C/44T 2S F 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24603815) 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRLThe Current Support Agreement for the EMC VxRail items listed below expires on 3/4/2025.The Support Renewal will cover from 3/5/2025 to 3/4/2026. $19,347.85 $19,347.85Serial #: DE300201508347 - ProSupport 4HR(Service Tag #: 5D7ZD33) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24589764) 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport SoftwareSupport - VxRail

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Qty Part Number Description Unit Price Total 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Software Support -VxRail $19,347.85 $19,347.85Serial #: DE300201508348 - ProSupport 4HR ELA/TLA Hardware Support(Service Tag #: 5D7YD33) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24589765) 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport SoftwareSupport - VxRail 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Software Support -VxRail $19,347.85 $19,347.85Serial #: DE300201508349 - ProSupport 4HR ELA/TLA Hardware Support(Service Tag #: 5D7XD33) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24589766) 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport SoftwareSupport - VxRail

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Qty Part Number Description Unit Price Total 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Software Support -VxRail $19,347.85 $19,347.85Serial #: DE300201508350 - ProSupport 4HR ELA/TLA Hardware Support(Service Tag #: 5D7WD33) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24589767) 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport SoftwareSupport - VxRail 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Software Support -VxRail $4,837.18 $4,837.18Serial #: DE300201508359 - ProSupport 4HR ELA/TLA Hardware Support(Service Tag #: 5D7VD33) 1SYSP5702SVENTF VXRAIL 14G P570 2U1N 2S NVME ENT AF 12SP570HSDM125GR VXRAIL-500 2SP570 125GR CHASSIS,FAN,HSK 2CACHESSD800GB VXR 800GB CACHE SSD 2.5IN 7CAPSSDSATA3.84TBF VXR 3.84TB CAPACITY SATA 2.5IN SSD F 1HBA330CTRL2SF VXRAIL-500 PERCHBA330+RAIDCTR12GB 2SLP F 1INSTGR13USAR740 VXRAIL-500 USA SHIPMOD GR1300 16MEM32GB2933MTF VXRAIL MEMORY 32GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PS1600W-250VACF VXRAIL-500 DUALHOTPLG 1600W PS-250VAC F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER740CNFG6DUAL VXRAIL-500 RISER R740CNFG6 AND BOSS CTR 1RRAILKIT2U1NCMAAF VXRAIL-500 B6 READYRAILS II W/CMA 2U1NAF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 24589768) 7VXRO3.84SATAF VXR HCI SYSTEM SOFTWRE(CAP 3.84 SATA)=CF - ProSupport SoftwareSupport - VxRail

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Qty Part Number Description Unit Price Total 2VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Software Support -VxRailThe Current Support Agreement for the EMC VxRail items listed below expires on 6/9/2025.The Support Renewal will cover from 6/10/2025 to 3/4/2026. $2,361.66 $2,361.66Serial #: DE300202513719 - ProSupport Plus HW Supp ELA/TLA VXRL(Service Tag #: B7Q8S33) 1SYSE5601SVENTF VXRAIL 14G E560 1U1N 1S VSAN ENT AF 11S8HPFANE560165GR VXRAIL-500 1S 8 HIGH PERF FAN 165W/GRT 11SE560HSKDM165OL VXRAIL-500 1S E560 165WL HTK DIMM BLNK 1CACHESSD400GB VXR 400GB CACHE SSD 2.5IN 3CAPSSDSATA1.92TBF VXR 1.92TB CAPACITY SATA 2.5IN SSD F 1INSTLCTRYUSAFR640F VXRAIL-500 USA SHIPMOD F 1INSTLKITSFP28F VXRAIL-500 INSTALL KIT SFP28 25GB F 6MEM16GB2933MTF VXRAIL MEMORY 16GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PROGD62381SF VXR INTEL CPU GD 6238 2.1G 22C/44T 1S F 1PS1100WPSF VXRAIL-500 DUAL HOTPLG 1100W PS F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER640CNFG4SNGL VXRAIL-500 RISER R640 CONFIG4 LP 1RRAILKIT1U1NCMAAF VXRAIL-500 A7 RRAILS II WITH CMA 1U1N AF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 25093070) 1VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL 3VXRS1.92SATAF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL $2,360.25 $2,360.25Serial #: DE300202513734 - ProSupport Plus HW Supp ELA/TLA VXRL(Service Tag #: B7Q9243) 1SYSE5601SVENTF VXRAIL 14G E560 1U1N 1S VSAN ENT AF 11S8HPFANE560165GR VXRAIL-500 1S 8 HIGH PERF FAN 165W/GRT 11SE560HSKDM165OL VXRAIL-500 1S E560 165WL HTK DIMM BLNK 1CACHESSD400GB VXR 400GB CACHE SSD 2.5IN 3CAPSSDSATA1.92TBF VXR 1.92TB CAPACITY SATA 2.5IN SSD F 1INSTLCTRYUSAFR640F VXRAIL-500 USA SHIPMOD F 6MEM16GB2933MTF VXRAIL MEMORY 16GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PROGD62381SF VXR INTEL CPU GD 6238 2.1G 22C/44T 1S F 1PS1100WPSF VXRAIL-500 DUAL HOTPLG 1100W PS F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER640CNFG4SNGL VXRAIL-500 RISER R640 CONFIG4 LP 1RRAILKIT1U1NCMAAF VXRAIL-500 A7 RRAILS II WITH CMA 1U1N AF

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Qty Part Number Description Unit Price Total 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 25093071) 3VXRS1.92SATAF VXR HCI SYSTEM SOFTWRE(CAP 1.92 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRL 1VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL $2,360.25 $2,360.25Serial #: DE300202513737 - ProSupport Plus HW Supp ELA/TLA VXRL(Service Tag #: B7Q9S33) 1SYSE5601SVENTF VXRAIL 14G E560 1U1N 1S VSAN ENT AF 11S8HPFANE560165GR VXRAIL-500 1S 8 HIGH PERF FAN 165W/GRT 11SE560HSKDM165OL VXRAIL-500 1S E560 165WL HTK DIMM BLNK 1CACHESSD400GB VXR 400GB CACHE SSD 2.5IN 3CAPSSDSATA1.92TBF VXR 1.92TB CAPACITY SATA 2.5IN SSD F 1INSTLCTRYUSAFR640F VXRAIL-500 USA SHIPMOD F 6MEM16GB2933MTF VXRAIL MEMORY 16GB 2933MT RDIMM F 1NDCSFP28DP25GF VXRAIL-500 NDC SFP28 DP 25GB F 1PROGD62381SF VXR INTEL CPU GD 6238 2.1G 22C/44T 1S F 1PS1100WPSF VXRAIL-500 DUAL HOTPLG 1100W PS F 2PWR200VRACK C13-C14 PDU RACK PWR CRD 2M N. AM 1RDIMM2933INFO VXRAIL FACTORYORD RQ 2933MHZ RDIMM 1RISER640CNFG4SNGL VXRAIL-500 RISER R640 CONFIG4 LP 1RRAILKIT1U1NCMAAF VXRAIL-500 A7 RRAILS II WITH CMA 1U1N AF 1TPM1.2MODULEAF VXRAIL-500 TPM 1.2 MODULE AF 1456-111-959 RECOVERPOINT FOR VM FOR 1-NODE HCIA =IB - ProSupport Plus MCSoftware Support. (Serial #: 25093072) 3VXRS1.92SATAF VXR HCI SYSTEM SOFTWRE(CAP 1.92 SATA)=CF - ProSupport Plus 4HR/MC SWSupp VXRL 1VXROSGDPROCSF VXRAIL HCI SYSTEM SOFTWARE(G F)=IG - ProSupport Plus 4HR/MC SW SuppVXRL Dell Switches The Current Support for the Dell items listed below expires on differing dates.The Support Renewal will cover for 1 year. $911.60 $1,823.20 2Dell Switch S5212F Dell Switch S5212F - ProSupport:Next Business Day Onsite Service AfterProblem Diagnosis with ProSupport:7x24 HW/SW Technical Support andAssistance.(Service Tag #s: 7BWD9Z2, 7BRB9Z2)The Current Support expires on 4/1/2025. The Support Renewal covers from4/2/2025 to 4/1/2026. $1,783.94 $3,567.88 2Dell Switch S5212F Dell Switch S5212F - ProSupport 4-Hour 7x24 Onsite Service, ProSupport4-Hour 7x24 Technical Support and Assistance and ProSupport OS10Enterprise Software Support-Maintenance.(Service Tag #s: 7FNB9Z2, 7FHD9Z2)The Current Support expires on 5/1/2025. The Support Renewal covers from5/2/2025 to 5/1/2026.

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Qty Part Number Description Unit Price Total $1,783.94 $1,783.94 1Dell Switch S5212F Dell Switch S5212F - ProSupport 4-Hour 7x24 Onsite Service, ProSupport4-Hour 7x24 Technical Support and Assistance and ProSupport OS10Enterprise Software Support-Maintenance.(Service Tag #: 4RBRY03)The Current Support expires on 6/7/2025. The Support Renewal covers from6/8/2025 to 6/7/2026. $1,783.94 $1,783.94 1Dell Switch S5212F Dell Switch S5212F - ProSupport 4-Hour 7x24 Onsite Service, ProSupport4-Hour 7x24 Technical Support and Assistance and ProSupport OS10Enterprise Software Support-Maintenance.(Service Tag #: 3RBRY03)The Current Support expires on 7/23/2025. The Support Renewal covers from7/24/2025 to 7/23/2026. SubTotal $152,619.45 Grand Total $152,619.45Terms and Conditions are identical to those currently in force.Payment Terms from Ship Date/Order Placement Date:Net 30 If you have any questions regarding this quotation, please contact: Krunal Patel(949) [email protected] THANK YOU FOR YOUR BUSINESS!

Page 10 of 10 ends

Quotation
Date:02/26/2522892 Mill Creek DriveLaguna Hills, CA 92653 Quotation #:SIDQ52698Phone (949)748-8700; Fax (949)748-8706www.sidepath.com Valid Until:03/28/25Prepared By:Kristen NoremProject ID:SIDPROJECT49433 Ship To:Bill To:City of Fontana City of FontanaChris Beck Attn:Chris BeckAttn:8353 Sierra AveFontana, CA 92335-3528 8353 Sierra AveFontana, CA 92335-3528Phone:(909) 350-6791 Phone:(909) 350-6791Email:[email protected] Email:[email protected] Qty Item Code Description Unit Price Ext. PriceNASPO State of California Participating Addendum 7-17-70-40-05 Contract AR2472 VMWare VCF 3 Year Commit - AnnualizedYear 1 - 04/08/2025 - 04/07/2026 508 $235.00 $119,380.00VCF-CLD-FND-5 VMWARE CLOUD FOUNDATION 5 - Year 1 - 02/04/2025 -02/03/2026Year 2 - 04/08/2026 - 04/07/2027 508 $235.00 $119,380.00VCF-CLD-FND-5 VMWARE CLOUD FOUNDATION 5 - Year 2 - 02/04/2026 -02/03/2027Year 3 - 04/08/2027 - 04/07/2028 508 $235.00 $119,380.00VCF-CLD-FND-5 VMWARE CLOUD FOUNDATION 5 - Year 3 - 02/04/2027 -02/03/2028Payment Terms from Ship Date: NET 30Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. Product Total $358,140.00CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Taxes $0.00Shipping $0.00Grand Total $358,140.00Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions,which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.Note: Sidepath will collect sales tax for orders shipped to these six states: AZ, CA, MA, NV, TX and WA. For orders shipped outside of these six states, it will be the customer'sresponsibility to report the tax as Sales & Use Tax.Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact:Krunal Patel | (949) 396-3743 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 1 of 1Sidepath -508c VCF - 3y Annual 49 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0133 Agenda Date: 4/22/2025
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the 2024/25 Citywide Pavement Rehabilitation Project (DE-25-102 -SB)
RECOMMENDATION:

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 of Fontana’s 7 Year Pavement Management Plan includes the streets associated with the 2024/25 Citywide Pavement Rehabilitation Project. The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of ADA compliant curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.

On March 13, 2025, bids for this project were opened. A total of six (6) bids were received, ranging from $4,476,528.27 to $6,878,123.94. The engineer’s estimate was $6,677,357.00. After reviewing the proposed bid documents and performing reference checks, Engineering staff has determined Matich Corporation to be the lowest and responsible bidder in the amount of $4,476,528.27.

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50 File #: 25-0133 Agenda Date: 4/22/2025
Agenda #: D. Category: Consent Calendar
FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $4,476,528.27 with a $447,652.83 contingency, for a total of $4,924,181.10 and is included in the 2024/25 budget in the Pavement Rehabilitation Projects #37600018, #37600077, #37600027, and #37600028.

MOTION:

Approve staff recommendation.

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51 Bid Results
FY 2024-2025 Citywide Pavement Rehabilitation Project
DE-25-102-SB

1. Matich Corporation $4,476,528.27
Redlands, CA

2. Vance Corporation $4,515,285.90
Beaumont, CA

3. Onyx Paving Company, Inc. $5,369,000.00
Anaheim, CA

4. Calmex Engineering, Inc. $5,526,172.54
Bloomington, CA

5. All American Asphalt $6,168,545.17
Corona, CA

6. R.J. Noble Company $6,878,123.94
Orange, CA

52 City of Fontana
FY 2024-2025 Citywide Pavement Rehabilitation Project (DE-25-102-SB), bidding on 03/13/2025 2:00 PM (PDT)

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FY 2024-2025 Citywide Pavement Rehabilitation Project (DE-25-102-SB), bidding on 03/13/2025 2:00 PM (PDT)

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54 City of Fontana
FY 2024-2025 Citywide Pavement Rehabilitation Project (DE-25-102-SB), bidding on 03/13/2025 2:00 PM (PDT)

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55 City of Fontana
FY 2024-2025 Citywide Pavement Rehabilitation Project (DE-25-102-SB), bidding on 03/13/2025 2:00 PM (PDT)

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56 City of Fontana
FY 2024-2025 Citywide Pavement Rehabilitation Project (DE-25-102-SB), bidding on 03/13/2025 2:00 PM (PDT)

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57 City of Fontana
FY 2024-2025 Citywide Pavement Rehabilitation Project (DE-25-102-SB), bidding on 03/13/2025 2:00 PM (PDT)

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PlanetBids
58 SANTA ANA AVE

NUEVO CTALISO DR

SANTA ANA AVECTSHELLYNUEVO DRBENNETT DR

SIERRA AVE

ASH DRJUNIPER AVE

CYPRESS AVE

OLEANDER AVE

ALISO DR
PEPPER

TARRAGONMINT LEAF

SUGARLNCAYENNE WAYSTALISODRJAGGERY

LEMON GRASS AVE

PARSLEYLNSAFFRON STCORIANDER PLMANILADRBAYLEAF

CILANTRO CT

NUTMEGCIRWAYDRLN

WAYMANILA CT
N

NINDEX MAP

VICINITY MAP
SHEET 4SHEET 5
SHEET 6
SHEET 7

CITRUS AVE

SIERRA AVE

CITRUS AVE

JURUPA AVEJURUPA AVE
I-10 HWY
59 BLANCHARD AVE

IRIS DRTANGELO AVELOMBARDY AVEMARYGOLD AVELOMBARDY

MANGO DRMARYGOLD AVE

CTPLEL MOLINOTULLOCKEL MOLINO STTULLOCK ST

ENCINA AVETAMARIND AVEMALLORY

SAN BERNARDINO AVELOMBARDY AVETANGELO AVE

TULLOCK STKAISER CTBLANCHARD AVETULLOCK ST

MANGO AVEMANGO LNKEMPSTER AVEMANGO AVE
I-10 FREEWAY

VALLEY BLVDVALLEY BLVD

ALDER AVE

PALMETTO AVE

SIERRA AVE

SAN BERNARDINO AVEDEODAR AVEBOXWOOD AVELOMBARDY AVETANGELO AVE

ALDER AVE

TAMARIND AVEDEODAR AVEKAISER CTKEMPSTER AVE

ACACIA AVEEMERALD AVE

PALMETTO AVE

MANGO AVE

SIERRA AVE
LNDR

INDEX MAPN

VICINITY MAPN

VALLEY AVE
SHEET 5SHEET 4SHEET 5

SIERRA AVE

VALLEY AVEMARYGOLD AVEMARYGOLD AVEPALMETTO AVE

PALMETTO AVE

ALDER AVE

ALDER AVESAN BERNARDINO AVESAN BERNARDINO AVE
60 DIANTHUS AVE

HIBISCUS DR

PALM LNPINE AVE

BUCKEYE CT

DORSEY WAY

DIANTHUS AVE

MAPLE AVE

LOCUST AVE

ALDER AVE

LOCUST AVE

ALDER AVE

MERRILL AVE

ATHOL ST

CROCE DRDUMOND DRWILLIAMS CTSPOHN CTBONNIE LN

MAPLE AVE

FERNDALE AVE

FRANKFORT AVEBUCKEYE DRGRACE STHIBISCUS STATHOL STBUCKEYE DRPINE AVELAUREL AVE

ATHOL STEVERGREEN CTAMBER CT

PALM LNROSECREST DRORCHID AVEGRANADA AVE

WILLIAMS RD

AVECERES AVE

ORANGE WAYDUMOND DRSPOHN DR

BOXWOOD AVEHIBISCUS CT

PINE AVETANGELO AVEHIBISCUS STORCHID DRGRANADA AVEGRANADA AVE

PINEDALE AVECTCTCRISS AVEORANGE WAYFRANKFORT STWAY

CITRONFRANKFORT AVEBUCKEYE DR

WAYGRACE ST

GRACE STMERRILL AVE

DORSEYORANGEDORSEY STDORSEY STORANGE CTCITRON AVECERES AVELAUREL AVECITRON AVEBOXWOODTANGELO AVECTCERES AVEANASTASIA CT

GRANADA AVE

BOXWOOD AVE

EVERGREEN AVE

TANGELO CTMERRILL AVEGRANADA AVEGRANADA AVE

TANGELOLOMBARDYCT

CERES AVEBAYBERRYMETROLINK

INDEX MAP

VICINITY MAPN
N
SHEET 4SHEET 5

ALDER AVEALDER AVELOCUST AVELOCUST AVEMERRILL AVEMERRILL AVERANDALL AVERANDALL AVE

ARROW BLVDARROW BLVD

LAUREL AVELAUREL AVE
61 SOUTH HIGHLAND AVE

BASELINE AVE

SIERRA AVEWALNUT STSIERRA AVE

MICALLEF ST

BASELINE AVE

WALNUT VILLAGE PKWY

MICALLEF STSIERRA AVE

INDEX MAPN
SHEET 4
SHEET 5
SHEET 6

VICINITY MAPN

SIERRA AVE

S HIGHLAND AVEWALNUT STWALNUT VILLAGE PKWY

BASELINE AVEBASELINE AVE

JUNIPER AVE

JUNIPER AVEMANGO AVE

MANGO AVESIERRA AVE
62 SIERRA LAKES PKWY

SUMMIT AVE

SIERRA AVESIERRA AVE

SUMMIT AVE

INDEX MAP
VICINITY MAPSHEET 4
SHEET 5
N
N
SIERRA AVEI-210 FWYI-210 FWY

SIERRA AVECITRUS AVE

CITRUS AVE

SUMMIT AVESUMMIT AVE

SIERRALAKESPKWYCLUBHOUSE DR
63 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0134 Agenda Date: 4/22/2025
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Rose Avenue Pavement Rehabilitation Project (DE-24-86-SB) RECOMMENDATION:

Accept as complete the work performed by Dash Construction Company, Inc. for the Rose Avenue Pavement Rehabilitation Project.

DISCUSSION:

On February 27, 2024, the City Council authorized the award of a construction contract to the lowest responsive and responsible bidder (Dash Construction Company, Inc.) in the amount of $217,777.00 with a 10% contingency of $21,777.70 for the Rose Avenue Pavement Rehabilitation Project (PN37600013). The proposed improvements for the Rose Avenue Pavement Rehabilitation Project consisted of the full depth removal and replacement of the existing asphalt pavement, drive approach and cross gutter repair, and curb and gutter replacement.

Dash Construction Company, Inc. completed the project on February 13, 2025. The project was successfully completed for the final amount of $239,374.00, an increase of 9.9% from the original contract amount of $217,777.00 and $180.70 under the total authorized budget. All work has been completed to the satisfaction of the City of Fontana.

FISCAL IMPACT:

As part of the action to accept the construction of the Rose Avenue Pavement Rehabilitation Project as complete, the City will take over the operation and maintenance of this public infrastructure.

Appropriate funding for the maintenance work is included in the FY 2024-25 revised budget under the Public Works Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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64 NO.DATE123456

REVISIONS
DRAWN BY:DESIGNED BY:CHECKED BY:

DATEDATEDATET.R.T.R.

NOV -2023W.B. CITY OF FONTANA, CALIFORNIA
W.B.T.R.T.R.NOV -2023NOV -2023

INDEX MAP
VICINITY MAPSHEET INDEX:

SHEET 3
65 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0138 Agenda Date: 4/22/2025
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the Active Transportation Program (ATP) Date Elementary School Street Improvements Project Federal ID No. ATPSB1L-5307(032), (Bid No. DE-24-248-SB) RECOMMENDATION:

COUNCIL GOALS:
· To enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· 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.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

On May 10, 2022, the City Council accepted an Active Transportation Program Grant in the amount of $1,808,000.00 to fund the design and construction of a street improvements project around Date Elementary that would construct missing sidewalks, ADA compliant curb ramps, high visibility crosswalks, and Class II bike lanes. The project limits are along Fontana Avenue between Athol City of Fontana Printed on 4/15/2025Page 1 of 2
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66 File #: 25-0138 Agenda Date: 4/22/2025
Agenda #: F. Category: Consent Calendar
Street and Merrill/Oleander Avenues within the vicinity of Date Elementary School.

On March 20, 2025, at 2:00 p.m., the bids for this contract were opened. A total of twelve (12) bids were received ranging from $1,531,066.25 to $2,348,408.00. Universal Construction and Engineering is the lowest bidder in the amount of $1,531,066.25. The Engineer’s Estimate was $1,897,173.98.

After reviewing the proposed bid documents, Purchasing and Engineering staff have determined Universal Construction and Engineering to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $1,684,172.88 for the full term of the construction contract. Budget adjustments will be included in the next FY 2024-25 quarterly budget report to increase revenues and allocate the ATP grant construction phase award in the amount of $1,609,000 into grant fund 37600029-301-D.

MOTION:

Approve staff recommendation.

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67 N01 inch = 600 feet1200600

PROJECT LOCATIONDATE ELEMENTARY SCHOOLSTREET IMPROVEMENTS PROJECT 68 Bid Results

DATE ELEMENTARY SCHOOL STREET IMPROVEMENTS PROJECT
[Federal ID No. ATPSB1L-5307(032)]
(DE-24-248-SB)

1. Universal Construction and Engineering $1,531,066.25 Palm Desert, CA

2. Hillcrest Contracting, Inc $1,561,088.98
Corona, CA

3. Zeco, Inc. $1,599,387.25
Yorba Linda, CA

4. Gentry General Engineering, Inc. $ 1,692,413.00
Colton, CA

5. Aneen Construction, Inc $1,711,474.40
Riverside, CA

6. Alfaro Communications Construction, Inc $1,761,755.62 Compton, CA

7. CT&T Concrete Paving, Inc $1,829,260.40
Diamond Bar, CA

8. JT Construction Group, Inc $1,856,887.00
Duarte, CA

9. Dash Construction Company, Inc $1,885,460.00
Woodland Hills, CA

10. Roadway Engineering & Construction Corp. $1,890,900.00 Perris, CA

11. Venture Construction & Management $2,178,248.00
Corona, CA

12. Addison-Miller, Inc $2,348,408.00
Orange, CA
69 City of Fontana
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Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0143 Agenda Date: 4/22/2025
Agenda #: G. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adoption of a Resolution Accepting, Pursuant to the Certified Southridge Village Specific Plan Environmental Impact Report No. 81-3 (SCH No. 81052210) and Adopted Addendum, the Conveyance of that Certain Property Located at Live Oak Avenue, West of Old Live Oak Avenue, from the Fontana Public Financing Authority, Declaring a Portion of the Property a Right-of-Way and Establishing Conditions for Final Acceptance of Related Roadway Improvements RECOMMENDATION:

DISCUSSION:

In December 1981, the Fontana City Council certified the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (SCH No. 81052210) (“Southridge EIR”).

On June 20, 2023, the City’s Planning Commission adopted a resolution approving General Plan Amendment No. 22-008, Specific Plan Amendment No. 22-004, Tentative Parcel Map 20565, Tentative Tract Map 20568, Design Review No. 22-043 and Administrative Site Plan No. 23-014 for the Heights at Southridge project (“Project”).

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Agenda #: G. Category: Consent Calendar
Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines on July 25, 2023, the City Council adopted an Addendum to the Southridge EIR.

On July 25, 2023, the City Council adopted resolution 2023-085 approving the General Plan and Specific Plan amendments, Tentative Parcel and Tract Maps, Design Review and Administrative Site Plan for the Project. The tract map includes a condition of approval that requires right-of-way to be dedicated to the City based on the new configuration of Old Live Oak Avenue, which traverses the northwest corner of Southridge Park.

Southridge Park consists of several lots, some of which are owned by the Fontana Public Financing Authority (“FPFA”). The subject right-of-way is over one of the lots owned by the Fontana Public Financing Authority. To proceed with construction of the improved right-of-way, the City must obtain title to the lot and declare a portion of it a public right-of-way to allow for the construction of a new public roadway, provide public utility access to the property, and, pursuant to the Streets and Highways Code Section 1806, to accept the realigned Old Live Oak Avenue into the City’s street system when construction is complete and complies with City standards (“Proposed Project”).

Accepting the Fontana Public Financing Authority’s conveyance of the parcel would allow the City to proceed with the aforementioned course of action.

Based on the Southridge Village Specific Plan FEIR and Addendum, and pursuant to State CEQA Section 15164, staff recommends that preparation of a subsequent or supplemental EIR is not required for the Proposed Project as all environmental impacts of the Proposed Project have been addressed within the Southridge Village Specific Plan FEIR and the Addendum, there are no new or additional mitigation measures or alternatives are required, and there is no substantial evidence in the administrative record supporting a fair argument that the Proposed Project may result in any significant environmental impacts beyond those analyzed in the Southridge Village Specific Plan FEIR and Addendum.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-021

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

CALIFORNIA FOR THE ACCEPTANCE OF , PURSUANT TO THE

CERTIFIED SOUTHRIDGE VILLAGE SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT NO. 81 -3 (SCH NO. 81052210)

AND ADOPTED ADDENDUM, THE CONVEYANCE OF THAT CERTAIN

REAL PROPERTY LOCATED AT LIVE OAK AVENUE WEST OF OLD

LIVE OAK AVENUE, IN THE CITY OF FONTANA, FROM THE FONTANA

PUBLIC FINANCING AUTHORITY , DECLARING A PORTION OF THE

PROPERTY A RIGHT OF WAY, AND ESTABLISHING CONDITIONS

FOR FINAL ACCEPTANCE OF RELATED ROADWAY
IMPROVEMENTS.

WHEREAS, the Fontana Public Financing Authority (“FPFA”) is the owner of that certain real property located within the City of Fontana, identified as Assessor Parcel Number 0237-212-25 (“Parcel”); and

WHEREAS, in December 1981, the Fontana City Council (“City Council”) certified the Southridge Village Specific Plan Environmental Impact Report No. 81 -3 (SCH No. 81052210) (“Southridge EIR”) and, pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (“CEQA”) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines on July 25, 2023, the City Council adopted an Addendum to the Southridge EIR; and

WHEREAS, on July 25, 2023, the City Council adopted Resolution Number 2023- 085, attached hereto as Exhibit A and incorporated herein, approving general plan and specific plan amendments, a tentative parcel, tentative tract maps, a design review and an administrative site plan for the Southridge Project; and

WHEREAS, Resolution Number 2023 -085 included a condition of approval that required an improved right-of-way be dedicated to the City of Fontana (“City”) based on the new configuration of Old Live Oak Avenue which traverses the northwest corner of Southridge Park (“Project”); and

WHEREAS, in accord ance with Resolution Number 2023-085, KB Home (“Developer”) is constructing the right-of-way for road and utility purposes (“Roadway”), which intersects with the Parcel; and

WHEREAS, on April 22, 2025, FPFA dedicated in fee simple to the City the Parcel, as described in the attached grant deed (“Grant Deed”), attached hereto as Exhibit B and incorporated herein; and

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WHEREAS, the City Council finds that accepting the Parcel is in the public interest and will assist in facilitating the development of the Roadway on a portion of the Parcel ; and
WHEREAS, the City desires to accept FPFA’s conveyance of the Parcel and desires to declare a portion of the Parcel a right-of-way for road and utility purposes as more particularly described in Exhibit C and reflected in Exhibit D, both of which are attached hereto and incorporated herein by this reference (“Right-of-Way”); and

WHEREAS, the City’s acceptance of the entirety of the Roadway, including improvements within the Parcel is contingent upon the Developer’s completion of construction of the Roadway to City standards and the City’s inspection and acceptance of the completed Roadway.

NOW, THEREFORE, BE IT RESOLVED , determined and ordered by the City Council of the City of Fontana:

Section 1. Incorporation of Recitals . The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.

Section 2. CEQA. Compliance with California Environmental Quality Act . As the decision-making body for the Project, the City Council has reviewed and considered the Southridge Village Specific Plan FEIR and adopted Addend um, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The City Council finds that the adopted Addendum and Southridge Village Specific Plan FEIR contain a complete and accurate report ing of all of the environmental impacts associated with the Proposed Project.

Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the Southridge Village Specific Plan FEIR, the adopted Addendum, and all related information presented to the City Council, the Commission finds, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guid elines for Implementing CEQA, that the adopted Addendum to the Southridge Village Specific Plan FEIR is the appropriate document for the Proposed Project. The City Council further finds that the preparation of a subsequent or supplemental EIR is not required for the Proposed Project.

Section 4. Findings on Environmental Impacts. Having considered the Addendum, the administrative record, the Southridge Village Specific Plan FEIR and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of the Proposed Project have been address ed within the Southridge Village Specific Plan FEIR and the Addendum, that no new or additional mitigation measures or alternatives are required, and that there is no substantial evidence in the administrative record supporting that the Proposed Project ma y result in any significant environmental impacts beyond those analyzed in the Southridge Village 77 Resolution No. 2025-021
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Specific Plan FEIR. The City Council finds that the adopted Addendum and Southridge Village Specific Plan FEIR contains a complete, objective, and accurate re porting of the environmental impacts associated with the Proposed Project and reflects the independent judgment and analysis of the City Council.

Section 5. Acceptance of Parcel. The City Council hereby acknowledges and accepts the conveyance of the Parcel from FPFA in fee simple, as described in the Grant Deed, and directs staff to file a Notice of Determination.

Section 6. Declaration of Right -of-Way. The City Counc il hereby declares a portion of the Parcel a right-of-way for road and utility purposes as described in Exhibit C and reflected in Exhibit D.

Section 7. Acceptance of Roadway. The City’s acceptance of the entirety of the Roadway, including the improvements within the Parcel, is contingent upon the Developer’s completion of construction of the Roadway to City standards, and subject to the subsequent approval of the City Council.

Section 8. Effective Date. This Resolution shall become effective immediately.

Section 9. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 10. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 11. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

APPROVED AND ADOPTED this 22nd day of April, 2025.

READ AND APPROVED AS TO LEGAL FORM:

________________________________
City Attorney

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I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 22 nd day of April, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
City Clerk of the City of Fontana

________________________________
Mayor of the City of Fontana

ATTEST:

________________________________
City Clerk

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RECORDING REQUESTED BY
City of Fontana
5353 Sierra Avenue
Fontana, CA 92335

WHEN RECORDED MAIL TO
City of Fontana
Attn: City Clerk
5353 Sierra Avenue
Fontana, CA 92335

APN: 0237-212-25 Exempt from Recording Fees per Govt. Code §27383 Exempt from Documentary Transfer Tax per Calif. Rev. & Tax. Code §11922

GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Fontana Public Financing Authorty, a California joint powers agency, hereby GRANTS, CONVEYS, and TRANSFERS in fee simple to City of Fontana, a California municipal corporation, all right, title, and interest in and to that certain real property situated in the City of Fontana, County of San Bernardino, California as described in Exhibit A, attached hereto and incorporated herein by this reference for street and utility right-of-way purposes.

Date: ___________________ Name:__________________________ By: Matthew Ballantyne
Its: Executive Director

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EXHIBIT A TO

GRANT DEED

LEGAL DESCRIPTION

LOT 28 OF TRACT NO. 12064 -2, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 176 OF MAPS, PAGES 78 TO 97, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM ALL OIL, GAS, PETROLUEM, ALL KINDRED

SUBSTANCES, PRECIOUS METALS, ORES, ASPHALTUM, MINERALS, WHETHER

KNOWN OR UNKNOWN, AND ANY OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF FIVE HUNDRED (500) FEET , MEASURED VERTICALLY FROM

THE SURFACE OF THE LAND, BUT WITHOUT ANY RIGHT OF SURFACE ENTRY TO TAKE OR RECOVER SAME, BY DEED RECORDED JANUARY 10, 1983, AS INSTRUMENT NO. 83-5299.

FURTHER EXCEPTING THEREFROM ALL MINERALS AND MINERAL ORES OF

EVERY KIND OF CH ARACTERS, INCLUDING PETROLEUM AND OTHER

HYDROCARBON SUBSTANCE OR OTHER MINERAL DEPOSITS, BUT WITHOUT THE

RIGHT OF SURFACE ENTRY OVER THE WEST ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SECTION 35, TOWNSHIP 1S, RANGE 6W SBBM, BY DEED RECORDED MAY 16, 1960 IN BOOK 5137, PAGE 1 OF OFFICIAL RECORDS.

FURTHER EXCEPTING THEREFROM ALL OIL, GAS, OR OTHER HYDROCARBON

SUBSTANCES OR OTHER MINERAL DEPOSITS, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, BY DEED RECORDED FEBRUARY 3, 1959 IN BOOK 4721, PAGE 447 OF OFFICIAL RECORDS.
146

CITY OF FONTANA

CERTIFICATE OF ACCEPTANCE OF

GRANT DEED
[APN: 0237-212-25 ]

This Certificate of Acceptance pertains to the interest in certain real property conveyed by the Grant Deed dated _______________, 2025 to which this Certificate of Acceptance is attached,

from: FONTANA PUBIC FINANCING AUTHORITY, a California joint powers agency (“Grantor”)

to: CITY OF FONTANA, a California municipal corporation ("Grantee")

Said Grant Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing board, and Grantee hereby consents to recordation of said Grant Deed.

Dated: ________________________ CITY OF FONTANA,
a California municipal corporation

By: ____________________________________
Matthew Ballentyne
Its: City Manager

ATTEST:

______________________________
City Clerk

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0146 Agenda Date: 4/22/2025
Agenda #: H. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Accept Donation from Burrtec Waste Industries, Inc. (2025 Fontana Days Run) RECOMMENDATION:

Accept donation from Burrtec Waste Industries, Inc. in the amount of $1,000 for use towards the 2025 Fontana Days Run
COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by seeking community input. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The Community Services Department receives donations and sponsorships from many local companies to help support and enhance various programs, activities, and events. Burrtec Waste Industries, Inc donated $1,000 towards the 2025 Fontana Days Run and is recognized as a Presenting Title Sponsor of this event.

FISCAL IMPACT:

The $1,000 was deposited into account 101.3510 to enhance the 2025 Fontana Days Run event amenities and details.

MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0147 Agenda Date: 4/22/2025
Agenda #: I. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Accept Donation from Bel-Air Swap-Meet, Inc. (2025 Fontana Days Run) RECOMMENDATION:

Accept donation from Bel-Air Swap-Meet, Inc. in the amount of $10,000 for use towards the 2025 Fontana Days Run.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by seeking community input. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The Community Services Department receives donations and sponsorships from many local companies to help support and enhance various programs, activities, and events. Bel-Air Swap-Meet, Inc. donated $10,000 towards the 2025 Fontana Days Run and is recognized as a Presenting Title Sponsor of this event.

FISCAL IMPACT:

The $10,000 was deposited into account 101.3510 to enhance the 2025 Fontana Days Run event amenities and details.

MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0148 Agenda Date: 4/22/2025
Agenda #: J. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Accept Donation from Les Schwab Tire Center (2025 Fontana Car Show) RECOMMENDATION:

Accept donation from Les Schwab Tire Center in the amount of $1,000 for use towards the 2025 Fontana Car Show.

DISCUSSION:

The Community Services Department receives donations and sponsorships from many local companies to help support and enhance various programs, activities, and events. Les Schwab Tire Center donated $1,000 towards the 2025 Fontana Car Show and is recognized as a Presenting Title Sponsor of this event.

FISCAL IMPACT:

The $1,000 was deposited into account 10124310.5531 to enhance the 2025 Fontana Car Show series amenities and details.

MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0151 Agenda Date: 4/22/2025
Agenda #: K. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the Southridge Dog Parks (East and West) Project (Bid No. DE-25 -97-SB)
RECOMMENDATION:

DISCUSSION:

The Southridge Dog Parks (East and West) Project will consist of the construction of two (2) separate dog parks within the Southridge community of the City. The East Park is located along Citrus Avenue, south of Jurupa Avenue. The West Park is located along Village Drive, east of Live Oak Avenue, south of Jurupa Avenue. Both parks are located within the existing Southern California Edison easement open space areas.

The Capital Improvement Program (CIP) Division is coordinating this project with the Parks and Landscape Division. The scope of work within this contract will consist of grading the two (2) park sites and constructing all concrete and asphalt concrete (AC) pavement improvements. This will include the construction of curbs and/or gutters, concrete ramps, commercial driveways, AC dikes, AC parking lots, concrete sidewalks, and water quality BMP’s. Upon completion of Engineering’s contract improvements, the Parks and Landscape Division will follow with improvements that include fencing, landscape and irrigation, and other final improvements related to the parks.

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File #: 25-0151 Agenda Date: 4/22/2025
Agenda #: K. Category: Consent Calendar
On March 24, 2025 at 2 p.m., the bids for this contract were opened. A total of fifteen (15) bids were received ranging from $541,326.50 to $1,179,071.50. Zeco, Inc. is the lowest bidder in the amount of $541,326.50. The Engineer’s estimate was $556,600.00. After reviewing the proposed bid documents, Purchasing and Engineering staff have determined Zeco, Inc. to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $595,459.15 for the full term of the construction contract and is included in the FY 2024-2025 budget in the Southridge Dog Park Projects #37200008-635-A and 37200009-635-A.

MOTION:

Approve staff recommendation.

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SOUTHRIDGE DOG PARK EAST PROJECT
0SCALE 1:6001200600

PROJECT LOCATION
N
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SOUTHRIDGE DOG PARK WEST PROJECT
0SCALE 1:6001200600

PROJECT LOCATION
N
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Bid Results

SOUTHRIDGE DOG PARKS (EAST AND WEST)
(DE-25-97-SB)

1. Zeco, Inc $541,326.50
Yorba Linda, CA

2. Wheeler Paving, Inc $697,492.90
Riverside, CA

3. Aneen Construction, Inc. $713,345.00
Riverside, CA

4. Roadway Engineering & Construction Corp. $742,172.50 Perris, CA

5. Metrocell Construction, Inc $744,710.38
Ontario, CA

6. Gentry General Engineering, Inc $759,264.25
Colton, CA

7. Oppenheimer National $777,149.78
San Juan Capistrano, CA

8. Gerald Miller Construction dba Miller Blades $818,834.88 Riverside, CA

9. Addison-Miller, Inc $867,738.00
Orange, CA

10. RE Chaffee Construction, Inc $899,408.00
Wrightwood, CA

11. CT&T Concrete Paving, Inc $921,542.21
Diamond Bar, CA

12. RG General Engineering, Inc $929,726.00
Norco, CA

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13. Deark E&C, Inc $934,548.00
Fullerton, CA

14. KNC Construction, Inc $1,083,928.23
Apple Valley, CA

15. Asphalt Fabric & Engineering $1,179,071.50
Signal Hill, CA
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0153 Agenda Date: 4/22/2025
Agenda #: L. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 2 to the Professional Services Agreement for Architectural Design Services for the City Hall Renovation Project - Phase II (City Hall) (DE-24-147-SP) RECOMMENDATION:

Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP), in the amount of $766,670.00 for a total contract amount of $1,956,160.00.

DISCUSSION:

The City Hall Renovation Project - Phase II (City Hall) is a proposed project to be constructed in place of the existing City Hall Building located at 8353 Sierra Avenue, Fontana, CA 92335 (Reference Exhibit “A” Vicinity Map), and consists of demolishing the existing one-story building and constructing a two-story municipal building occupying a building footprint of approximately 35,000 square feet.

The first tier will include parking spaces, a City Council Chamber of approximately 3,500 square feet, public access services space and office space with some of the first floor containing volume ceiling, and the second floor solely comprised as office spaces. The intent of the building is to serve as office space for City staff, provide public and employee parking on the Civic Campus, and serve as the primary public interface for residents and businesses within the City.

A Request for Proposal (RFP) was issued for Design Services for City Hall Renovation Project - Phase II in March 2024. The City received sixteen (16) proposals and the evaluation committee selected Sillman Wright Architects as the overall best value on the criteria outlined in the RFP. On July 25, 2024, the City and Sillman Wright Architects executed a Professional Services Agreement in the amount of $99,000.00. The original agreement only covered the preliminary design work, with a mutual understanding that additional amendments were to be executed for full scope of work. On September 10, 2024, the City Council approved Amendment No. 1 in the amount of $1,090,490.00.

Amendment No. 1 included Schematic Plan, Design Development, and 50% Working Drawings and Specifications.

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File #: 25-0153 Agenda Date: 4/22/2025
Agenda #: L. Category: Consent Calendar
The proposed Amendment No. 2 includes Final Working Drawings & Specifications, Construction Contract Documents, and Bid Phase to the scope of work. The agreed amount of the Amendment No. 2 is $766,670.00.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $766,670.00 for the full term of the agreement and is included in the 2024-2025 budget in project 37600012-601-A-8113, Fund 601 - Capital Reinvestment.

MOTION:

Approve staff recommendation.

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16498.00150\32127016.1
AMENDMENT NO. 2

TO THE DESIGN SERVICES AGREEMENT
DE-24-147-SP

BETWEEN

THE CITY OF FONTANA

AND

SILLMAN WRIGHT ARCHITECTS

1. Parties and Date.

This Amendment No. 2 to the Design Services Agreement DE-24-147-SP is made and entered into as of this 23rd day of April 2025, by and between the City of Fontana (“City”) and Sillman Wright Architects, a Corporation with its principal place of business at 31045 Temecula Parkway, Suite 202, Temecula, California 92592 (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Consultant. The City and Consultant have entered into an agreement entitled Professional Services Agreement” dated July 25, 2024 (“Agreement”) for the purpose of retaining the services of Consultant to provide Architectural Design services.

2.2 Amendment Purpose . The City and Consultant desire to amend the Agreement to revise the scope of services and increase the not -to-exceed compensation amount. The Parties have therefore entered into that Amendment No. 1 dated September 11, 2024.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as follows:

1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A”.

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

2. Compensation.
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16498.00150\32127016.1
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B”.

b. Amendment No. 2 is authorized in the amount of $ 766,670.00. In no event, shall the total amount paid for services by Consultant under this Agreement exceed the sum of $1,956,160.00. This amount is to cover all printing related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Pa yments to Consultant for work performed will be made on a monthly billing basis.

3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the a ctions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[Signatures on Next Page]

181

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16498.00150\32127016.1

SIGNATURE PAGE TO
AMENDMENT NO. 2

DESIGN SERVICES AGREEMENT

CITY OF FONTANA

By: ___
Matthew C. Ballantyne
City Manager

SILLMAN WRIGHT ARCHITECTS

By: ______________________________
Brett Tullis
Principal Architect
Attest:

By: ___________________________
Germaine McClellan Key
City Clerk

By: ___________________________
Phillip Burum
Deputy City Manager

Approved as to form:

_________________________________
Best Best & Krieger LLP
City Attorney

By: ___________________________
Gia Kim
Director of Engineering / City Engineer

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Office

182

13 16498.00150\32126437.1

EXHIBIT A
Scope of Services

183

5. Work Plan
184

5. Work Plan
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 Trust, open communication, clear project goals, and
experienced planning is the SILLMAN Experience for
creating a great design for the City that is constructible, maximizes project value within budget and schedule,
while also respecting the community values.

We work collaboratively to garner and include City and
User Group input, in order to facilitate discussions about any possible schedule impacts from revisions or changes.

SCOPE OF WORK & DELIVERABLES
We have identified the following deliverables that will allow for a successful project outcome and fulfill all
objectives for the new City Hall:
• Initial Planning
• Schematic Design
• Design Development
• Final Working Documents
• Construction Contract Documents / Permitting
• Bidding
• Construction Administration
• Project Closeout (As-built Drawings / Warranty
Phase)
⊲ INITIAL PLANNING, SCHEMATIC DESIGN, &

ENTITLEMENTS
The Programming and Schematic Design Phase is the
research and collaborative decision-making stage, where we will work closely and collaborate with the City and
its User Groups to define and confirm the new facility’s Programming, Project Criteria, and Schematic Design.

During this stage we will begin to ensure that the
building obtains proper entitlements and approvals
so that there will be no delay during construction. The outcome allows us to:
• Confirm Project Goals
• Understand the Exact Scope of Work
• Prepare Block Plans & Space Plans
• Develop the Project Schedule
• Develop the Project Budget
⊲ BUILDING EARL Y STAKEHOLDER CONSENSUS
In order to design a City Hall which meets the City’s
current and future needs, program verification with all User Groups is vital in building consensus.

We will meet with the City and all other relevant
User Groups to identify and test the viability of several creative project solutions to maximize value, while also meeting the program, schedule, and budget, in order to
solidify a (Conceptual) Schematic Design that exceeds
expectations. We would propose a multi-day Partnering
Workshop for all User Groups to discuss relevant issues, explore ideas, opportunities, and find creative solutions.

Taking place over 2-3 days (virtually or in-person), these Partnering Workshops are focused on:
• Consensus Driven Goals & Fostering Mutual Trust
• Collaboration is the key to our success - open &
honest partnering is essential
• Every Voice Matters: Even with multiple User
Groups, it is important each perspective is heard
• Measuring Wants vs Needs against project goals,
we develop the design based on the most important
items, which fit within the budget & schedule
During this time, we will also coordinate with the
City to address the following items to ensure we are
designing a customized City Hall facility which actually functions as intended:
• Adjacencies & Functionality
• Floorplans, Layouts, Fixtures & Equipment
• Constructability
• Systems Confirmation
• Americans with Disabilities (ADA) Requirements
• Life-Cycle Performance & Minimizing Energy Costs
• Meeting Code Compliance
• Public Agencies & Utility Permit Processing
• Target Value Cost Estimating: Reduce Waste & Add Value • Schedule Confirmation: Identify Long Lead Time Items
• Potential Cost-Saving Alternatives & Options

PROJECT APPROACH

SCOPE OF WORK & DELIVERABLES
185

5. Work Plan
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 ⊲ ROBUST QA/QC PROGRAM
Throughout the Design and Construction Phases, a
rigorous QA/QC Program featuring a Design Quality
Control Plan will be implemented by a designated
Design Quality Assurance Manager to ensure the
quality of product and deliverables meets or exceeds
the City’s expectations and goals.

During the Construction Documents Phase , we use
our 3-D BIM capabilities to work at a collaborative
level with the User Groups in defining and developing
all systems, finishes and project parameters for
consideration and approval. These realistic 3-D models
will allow for streamlined decision making and will also help facilitate discussion with the City on any updates, revisions, or potential changes throughout the design
and construction process.
⊲ DEMOLITION PLANS
We will prepare demolition plans and all relevant
public bid documents for the project to include onsite, offsite, WQMP, landscape, in compliance with the City’s landscape ordinance.
⊲ PERMITTING
During the Construction Documents phase, we will
meet with the any and all Authorities Having Jurisdiction (AHJ) to identify, address, and incorporate issues, which will be documented in meeting minutes and distributed.

As part of Permit Processing, issues will be identified and resolved with the City’s involvement and Final
Construction Documents will be issued for construction. ⊲ BIDDING
Our Team will support the City during the Bidding
Process to ensure that the bids received are accurate
and equitable.
⊲ CONSTRUCTION SUPPORT SERVICES
We are committed to supporting the City and the
Contractor throughout the Construction Phase. We will
attend regular site visits and will collaborate with the City and the Contractor to limit revisions by ensuring
that the approved Permit documents are followed.

Successful Project Closeout starts at the beginning
of construction; therefore, our approach to Project
Closeout is proactive and ensures the project is
successfully closed through public contract code,
protecting client interest all relevant public agencies and utility companies. Our team will continue to provide advice to the City during the Warranty Period.

We strongly believe that a good program with clear
project goals leads to a strong design concept , which
are the critical ingredients for the success of this project. ⊲ BUILD IT BEFORE YOU BUILD IT
In order to help the City and its User Groups easily
visualize our proposed designs and ensure everyone
is getting the facility they’ve imagined, our Design
Team will utilize 3-D Building Information Modeling
(BIM) technologies, including Revit and Lumion, starting in Conceptual & Schematic Design and continually
evolving until design is complete.

Before the first shovel is put into the ground, our Design Team will provide the City with detailed 3-D computer
models that will accurately represent all aspects of the proposed facility design.

These realistic 3-D models will allow for streamlined
decision making and will also help facilitate discussion with Access on any updates, revisions, or potential
changes throughout the design and construction
process – keeping the project on schedule and budget.
⊲ DESIGN DEVELOPMENT & CONSTRUCTION

DOCUMENTS
Once the Programming and Schematic Design items
are addressed and incorporated, we will focus on
producing the Construction Documents.

Internal weekly meetings will be held to work together
to resolve issues and confirm project schedule and
budget. The City Review Meetings will be held at
major milestones, including 30%, 50%, and 100%
completion of Construction Documents to review and
discuss the progress.
186

5. Work Plan
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 ⊲ OPEN COMMUNICATION
Trust, open communication, clear project goals, and
experienced planning are key to creating a stellar design that is constructible and maximizes project value within the budget and established schedule.

We believe ongoing collaboration and communication
are essential for understanding issues and finding
solutions that lead to project success.
⊲ COMMITTED TO THE CITY’S VISION
We understand the City’s Vision of a modern flexible
facility that will be a cornerstone of the Civic Campus.

This iconic project will set the tone for the City’s future, establishing a higher standard of construction in Fontana and ushering in a feeling of renewal and growth.

The facility will elevate the office environment for the elected officials and City executives, providing a new
vision for what is possible. We will meet the City’s
Project Goals by ensuring all voices are heard through
close collaboration and ongoing User Group input.
⊲ SUSTAINABILITY
We share the City Council’s goal of preserving the
local environment and promoting a healthy economic
and environmental future through sustainable design
principles, passive design strategies, and reduction of carbon footprint in construction.

With 30+ successful LEED and Zero Net Energy
Projects completed by our firm we have the know-how
and the drive to contribute to the City’s goal of becoming the most environmentally conscious city in California.

UNDERSTANDING OF ISSUES & SOLUTIONS
⊲ START WITH CLEAR GOALS
Establishing clear project goals and values is vital to ensure we are designing to the project budget. Once
goals are finalized, they act as a road map to effective decision-making with the City and User Groups to
identify the most important project elements that will
also fit within the established budget and schedule.
⊲ STAY ON BUDGET & MAXIMIZE VALUE
We have an inclusive and collaborative approach
to managing and controlling the project cost, while
utilizing practical design solutions to adapt to the
realities of budget constraints. Our Team will explore
a variety of options for structural; mechanical; building massing; building systems; program; reducing
redundancies and maximizing value.
⊲ PROACTIVE WITH PUBLIC AGENCIES &

UTILITY AGENCIES
SILLMAN has successfully completed dozens of
projects in San Bernardino County which have taught
us to be proactive and meet with the Public & Utility
agencies and other Authorities Having Jurisdiction
(AHJs) as early as possible in the project timeline.

We will reach out and meet with all relevant AHJs,
like the City of Fontana, Southern California Edison,
SoCalGas, Fontana and the Fire Protection District,
which eliminates expensive design changes down the
line due to non-compliant design.
⊲ MAINTAINING SCHEDULE
It is likely that there will be revisions due to code,
constructability, function, or program goals. Our goal
is to work with the City to make design revisions in a
way that minimizes the impact on budget and schedule.

Our experienced Design Team is skilled at discovering
opportunities to save money to allow for potential
revisions in the agreed upon timeframe.
⊲ DESIGN-BID-BUILD EXPERTS
With hundreds of successful Design-Bid-Build
projects under our belt , we understand that making
sure the project is delivered within the established
budget is a top priority. We will provide accurate cost estimates that show the up-to-date costs for materials
and account for recent inflation before and during the
bid phase. We have found through experience that
maintaining early order of long lead time items helps to ensure that the budget and schedule remain on track.

UNDERSTANDING OF ISSUES & SOLUTIONS
187

6. Schedule
188
Months M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A Months Initial Planning Phase 2.25 0.5 1.0 0.75 2.25
Schematic Design Phase 2 0.25 1.0 0.75 2
Design Development Phase 3 1.0 1.0 1.0 3
Final Working Documents Phase 3 1.0 1.0 1.0 3
Construction Contract Documents Phase / Permitting 1 1.0 1 Bid Phase 2 1.0 1.0 2
DESIGN & BID TOTAL 13.25 0
Construction Phase 16 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 16 As-Built Drawings 1 1.0
CONSTRUCTION TOTAL 17 0
Warranty Phase is expected to extend 12 months past
completion of construciton 12 1.0 1.0 12
Deliverable Dates
Schematic Design Package 12/16/24
Entitlement Package early January
Cost estimate 1/25/25
City Council 2/25/25
Fontana City Hall Renovation Phase II (City Hall)

SILLMAN
Conceptual Schedule
UPDATED 12/04/2024
Phase 2024 2025 2026 2027
189

EXHIBIT B
Schedule of Charges/Payments
Reference is made to Phase 3 – Final Working Drawings & Specifications, Construction Contract Documents, and Bid Phase of the attached Cost Proposal. Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. 190
Discipline
Final Working
Drawings &
Specifications
Construction
Contract
Documents
Bid Phase Total Construction
Phase
As-Built
Drawings /
Warranty
Period
Total
Architectural 126,000 $ 110,000 $ 30,000 $ 266,000$ 300,000 $ 30,000 $ 330,000$ Structural (Core & Shell) 39,400 $ 10,000 $ 2,000 $ 51,400$ 26,000 $ 6,000 $ 32,000$ Structural (TI) 8,400 $ - $ - $ 8,400$ 4,000 $ - $ 4,000$ Survey - $ - $ - $ -$ - $ - $ -$ Civil 23,190 $ - $ 2,000 $ 25,190$ 28,000 $ 6,000 $ 34,000$ Mechanical 17,400 $ 17,000 $ 3,000 $ 37,400$ 30,000 $ 3,000 $ 33,000$ Plumbing 10,800 $ 11,000 $ 2,000 $ 23,800$ 16,000 $ 2,000 $ 18,000$ Electrical 18,600 $ 19,000 $ 3,000 $ 40,600$ 30,000 $ 3,000 $ 33,000$ Low Voltage (Conduit Only) 2,000 $ 2,000 $ 2,000 $ 6,000$ 6,000 $ 2,000 $ 8,000$ Photo Voltaic (Deferred Approval) 2,000 $ 2,000 $ 2,000 $ 6,000$ 4,000 $ 2,000 $ 6,000$ Fire Alarm (Deferred Approval) 3,000 $ 2,000 $ 2,000 $ 7,000$ 4,000 $ 3,000 $ 7,000$ Fire Sprinkler (Deferred Approval) 7,000 $ 6,500 $ 2,000 $ 15,500$ 6,000 $ 3,000 $ 9,000$ Interior Design & FF&E 9,600 $ 4,000 $ 2,000 $ 15,600$ 5,000 $ 2,000 $ 7,000$ Landscape 4,500 $ 3,800 $ 2,600 $ 10,900$ 5,500 $ 2,600 $ 8,100$ Acoustics (Council Chambers Only) 3,500 $ 4,500 $ 1,000 $ 9,000$ 3,000 $ 1,000 $ 4,000$ Cost Estimate 9,800 $ - $ - $ 9,800$ - $ - $ -$ Sub Total 285,190 $ 191,800 $ 55,600 $ 532,590 $ 467,500 $ 65,600 $ 533,100 $ Additional Service Proposal #1
Survey 5,880 $
Additional Service Proposal #2
DSO New Restroom, Option 1 and
Option 2
Total
Add'l
Serv #2
Architectural 85,000$
Structural 75,000$
Mechanical
Plumbing
Electrical
Low Voltage (Conduit Only)
Frie Alarm (Deferred Approval)
Fire Sprinkler (Deferred Approval)
4,500$
Add'l Service #2 Total 228,200 $
Phase III + Add'l Services 1 & 2 Total 766,670 $
Fontana City Hall Phase 2 A&E Fees Design & Construction Documents

SILLMAN
3/19/2025
63,700 $
Phase III Phase IV
191
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0155 Agenda Date: 4/22/2025
Agenda #: M. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for February 2025.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The February 2025 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

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192

POLICE DEPARTMENT

MONTHLY REPORT
Feburary 2025
193

NOTEWORTHY EVENTS
• Fontana Police participated in annual “Love our Veterans’” event. With support from our community partners, we were able to shop with local veterans at Walmart. • Lieutenant Slusser hosted an Area 1 Commander meeting at Sierra Lakes Elementary School. • COPE visited several schools within the city including Falcon Ridge, DW Long, Solorio, Heritage Intermediate and Fontana High School.
• Three new Fontana police Officers graduated from San Bernardino County Sheriff’s Department Basic Academy.
• Fontana Police conducted several ABC “Decoy” operations to ensure complainace with our local businesses.
• ICAC arrested several individuals for child pornoghraphy.

KA1
194
Slide 2
KA1 Kevin Anderson, 2/9/2021
195
196

CITYWIDE
• Priority 1 response time- 4:18(Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 8,780
• Total arrests- 636
• Hispanic- 444, White- 89 , Black- 98, All other races- 5 • Total Group A Offenses- 745
• Crimes Against Persons- 152
• Crimes Against Property- 344
• Crimes Against Society- 249
197
CITYWIDE• Crimes Against Person- 124
• Homicide- 1
• Sex Offenses- 5
• Assault- 106
• Kidnapping- 4
• Other- 8
• Crimes Against Property- 262
• Robbery- 7
• Burglary- 15
• Larceny- 123
• Destruction of Property- 41
• Fraud- 27
• Possession of Stolen Property- 14
• Motor Vehicle Theft- 26
• Other Miscellaneous Property Crimes- 9
• Crimes Against Society- 176
• Drug and Paraphernalia Possession- 162
• Possession of Child Pornography- 2
• Possession of Weapons- 12
• Other Miscellaneous Crimes- 0
198

CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
199
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 76
• Crimes Against Persons- 7
• Crimes Against Property- 67
• Crimes Against Society- 2
200
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 117
• Crimes Against Persons- 37
• Crimes Against Property- 61
• Crimes Against Society- 19
201
BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 252
• Crimes Against Persons- 60
• Crimes Against Property- 136
• Crimes Against Society- 56
202
Beat 4

AREA COMMANDER IS LIEUTENANT SCOTT SNYDER
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 125
•Crimes Against Persons- 23
•Crimes Against Property- 81
•Crimes Against Society- 21
203

ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 204
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0156 Agenda Date: 4/22/2025
Agenda #: N. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Annual Update on Military Equipment Usage
RECOMMENDATION:

Adopt the “2024 Fontana Police Department Annual Military Equipment Use Inventory Report” in accordance with Ordinance No. 1892 of the Fontana Municipal Code, Governing Military Equipment Usage.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community. · To operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· To increase citizen involvement by seeking community input.

DISCUSSION:

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

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

On May 10, 2022, the City Council adopted Ordinance No. 1892 adopting a Military Equipment Use Policy, in accordance with AB 481. A copy of the Policy is included as an attachment to this staff report. In order for the Department to continue using the equipment authorized under the Policy, the Department must submit an Annual Report to City Council, that includes the following: 1) A summary of how the military equipment was used and purpose of its use. 2) A summary of any complaints or concerns received concerning the military equipment. 3) The results of any internal audits, any City of Fontana Printed on 4/15/2025Page 1 of 2
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File #: 25-0156 Agenda Date: 4/22/2025
Agenda #: N. Category: Consent Calendar
concerns received concerning the military equipment. 3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year submission of the annual military equipment report. 5) The quantity possessed for each type of military equipment. 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

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

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

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

Attachments:

1. 2024 Fontana PD Military Equipment Inventory

2. 2024 Fontana PD Annual Report on Military Equipment Usage

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

4. Fontana PD Policy 709
FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff’s recommendation.

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ORDINANCE NO. 1892

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

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

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

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

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

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

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

207
Ordinance No. 1892

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

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

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

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

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

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

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

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

SECTION 4. CEQA.

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

SECTION 5. EFFECTIVE DATE.

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

SECTION 6. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court 208
Ordinance No. 1892

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

SECTION 7. PUBLICATION.

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

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

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

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Ashton Arocho, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on the 26th day of April, 2022 and was finally passed and adopted not less than five days thereafter on the 10th of May, 2022, by the following wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
209

Mayor of the City of Fontana

ATTEST:

City Clerk

210

Exhibit “A”
[insert AB 481 policy]

211
Policy
709
Fontana Police Department
Fontana PD Policy Manual
Copyright Lexipol, LLC 2023/07/19, All Rights Reserved.

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

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

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

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

1. Publicizing the details of the meeting.

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

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

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

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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Fontana PD Policy Manual
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Published with permission by Fontana Police Department
Attachments - 4
Attachments
215
Attachment
Fontana PD Policy Manual
Copyright Lexipol, LLC 2023/07/19, All Rights Reserved.

Published with permission by Fontana Police Department

FONTANA POLICE MILITARY EQUIPMENT
INVENTORY.pdf - 5

FONTANA POLICE MILITARY
EQUIPMENT INVENTORY.pdf
FONTANA POLICE MILITARY EQUIPMENT INVENTORY.pdf
216
FONTANA POLICE MILITARY EQUIPMENT INVENTORY (Attachment)

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

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

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

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

1. major collision investigations.

2. search for missing persons.

3. natural disaster management.

4. crime scene photography.

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

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

c. Authorized Use

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

d. Expected Life Span
10 years all equipment.

e. Fiscal Impact

One time purchase.

f. Training

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

g. Legal and Procedural Rules

The Fontana Police Department will utilize UAS only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.
217

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

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

RECON SCOUT

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

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

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

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

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

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

218

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

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

219
NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK): The ROOK is a custom “armored critical incident vehicle” built on the chassis of a CAT Bulldozer, manufactured by Ring Power.

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

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

b. Purpose
To provide a capability for defensive ballistic protection in indoor and outdoor environments, rescue platforms for elevated structure rescue, and rough terrain environments where certain equipment would be limited.

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

d. Lifespan
25 years

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

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

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

220
Long Range Acoustic Device (LRAD) Long Range Acoustical Device: (LRAD) is a high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

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

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

e. Fiscal Impact
None

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

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

221
40 MM Launchers and Rounds: 40MM LMT Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost DEFENSE TECHNOLOGY, 40MM LMT SINGLE SHOT LAUNCHER, cost: $1000, quantity 50. The 40MM Single Launcher is a tactical single shot launcher.

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

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

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

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

f. Fiscal Impact
No annual fiscal impact.

g. Legal and Procedural Rules

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

222
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed
a. Description, quantity, capabilities, and purchase cost Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Fontana Police Department and Inland Valley SWAT team as a non- lethal tool to disperse rioting suspects and on barricaded suspects per Fontana Police Department Policy and applicable law. The Fontana Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

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

Inland Valley SWAT Inventory
Defense Technology 40 mm Liquid Ferret - 83
Defense Technology Pocket Tactical CS -15
Defense Technology Pocket Tactical Smoke - 11
CTS 5230 Baffle CS - 12
Defense Technology Smoke - 6
Aerosol/OC Vapor - 5
Defense Technology OC Stinger Handball - 2
Defense Technology Triple Chaser Smoke - 3
Defense Technology CS Stinger Handball - 2
Defense Technology Flameless Tri-Chamber CS - 4
Defense Technology Spede Heat CS - 9
Defense Technology Riot Control CS - 2
Defense Technology Triple Chaser CS - 2
Defense Technology Spede Heat CS 40 mm - 14
223

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

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

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

f. Fiscal Impact
No annual cost.

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

224

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

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

2.Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

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

225
h. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

226
Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a. Description, quantity, capabilities, and purchase cost Defense Technology, 8933 Low Roll Distraction Device, cost: $50, quantity: 30.

Shared equipment for Inland Valley SWAT. A non-bursting, non-fragmenting, limited rolling device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations
b. Purpose
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
Diversionary Devices shall only be used:
• By officers who have been trained in their proper use. • In hostage and barricaded subject situations.
• In high-risk warrant (search/arrest) services where there may be extreme hazards to officers or there is no response from suspects from announcements
• During other high-risk situations where their use would enhance officer safety.
• During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact
No annual maintenance.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors. SWAT team members consistently train on the use of distraction devices.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 227
Explosive Breaching Tools: Tools that are used to conduct an explosive breach. All explosive breaching equipment is shared with the Inland Valley SWAT agencies. a. Description, quantity, capabilities, and purchase cost DETONATING CORD, cost: $1 per foot, quantity: 700 meters. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.

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

228
Rifles: Guns that are fired from shoulder level, thereby have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost Colt LE 6920-5.56mm Patrol
Colt LE 6933-5.56mm Special Ops and Traffic
Colt LE 6946-5.56mm Special Ops and Traffic
Daniel Defense DDM4 5.56mm
Lewis Machine & Tool MWS .308 caliber
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use
Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 312.13)
d. Lifespan
No expiration
e. Fiscal Impact
None.
f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. g. Legal and Procedural Rules
Use is established under policy 312 of the Fontana Police Department. It is the policy of the Fontana Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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CITY OF FONTANA
2024 – Annual Military Equipment Report,
Prepared Pursuant to Government Code § 7072
In accordance with Government Code section 7072, the Fontana Police Department hereby submits for City Council review and approval the following annual military equipment report.

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

All military equipment owned by the Department, which is detailed in the attached Fontana Police Military Equipment Inventory, was used exclusively for the purposes designated by the Department’s Military Equipment Policy (No. 709). In general, those purposes include use of standard patrol rifles and projectiles; use of unmanned aircraft systems for enhanced investigation and community safety; use of unmanned robotic machines operating on the ground to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, clear buildings, and make announcements; use of armored vehicles for transporting officers and supporting personnel during high-risk tactical operations; use of an NIJ Level IV Armored Caterpillar Multi-Terrain Loader to provide capability for defensive ballistic protection, rescue platforms for elevated structures, and use in rough terrain environments where other equipment might be limited; use of long range acoustic devices to issue dispersal orders during crowd and riot control situations, to address the public in the event of civil emergencies, natural disasters, evacuations, or police incidents, and to issue a warning tone; use of explosive breaching tools during tactical entry into a dwelling or other enclosed space when other breaching options have failed or when required; use of distraction devices to produce atmospheric over-pressure and brilliant white light and, as a result, can cause short‐ term (6 ‐ 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage; use of chemical agents and smoke canisters (by officers who are properly POST certified) to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; use of projectile launch platforms and associated munitions to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; and use of beanbag rounds and less lethal shotguns to limit conflict escalation and use of lethal force. In 2024, the Department used items from the patrol rifles, unmanned aircraft, and explosive breaching tools categories of the inventory, for the purpose of effectively and safely carrying out its duties. Officers are properly trained and certified to use the equipment in the inventory.

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

The Department did not receive any complaints or citizen outreach concerning the Department’s Military Equipment Use Policy or ongoing use of said equipment. 231

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

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

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

Costs associated with military equipment in 2024 included the purchase of four (4) Daniel Defense SWAT Rifles, associated ammunition, three (3) Paladin Drone Systems and the training courses for the officers (including overtime costs). These costs were accounted for in the City’s 2024 budget. The Department does not currently have plans to purchase additional military equipment in 2025, but will report back to the City Council next year.

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

The quantity for each type of military equipment, including the new equipment purchased in 2024, is listed in the updated Military Equipment Inventory List, available on the City’s website and in person at the Department.

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

The Department does not presently have plans to purchase additional military equipment in 2025.
232

2024

FONTANA POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY
FOR JANUARY 1
ST
, 2024-DECEMBER 31
ST
, 2024

233

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

234

Unmanned Aircraft System (UAS):

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

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

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

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

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

235
Instant Eye MK, cost: $30,000 total with training, quantity- 2 This drone has advanced performance and features including F.L.I.R. which allows officers to see heat emitted from suspects. This is most valuable when the suspect is in darkness or hiding behind objects.

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

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

1. major collision investigations.

2. search for missing persons.

3. natural disaster management.

4. crime scene photography.

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

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

b. Authorized Use

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

c. Expected Life Span
10 years all equipment.

d. Fiscal Impact
236

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

The remainder of the drones are a one time cost.

e. Training

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

f. Legal and Procedural Rules

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

237
Robotics:

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

ICORE (Rialto PD equipment shared for Inland Valley SWAT), cost: $40,000.

Quantity- 1
This robot is equipped with an arm that can move objects or even open doors. There are multiple cameras and
microphones/speakers for remote communication. The tracks allow it to reach areas that are tougher to reach for smaller robotics.

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

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

238

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

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

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

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

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

239

Armored Vehicles:

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

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

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

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

b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
The use of armored vehicles shall only be authorized by a supervisor, based on the specific circumstances of a given critical incident. d. Lifespan
25 years.
e. Fiscal Impact
One time purchase with general maintenance fees ($12,000 annually). f. Training
240
Armored vehicle uses and training takes place during annual trainings provided by the department. All sworn personnel are trained in the tactics and capabilities of the armored vehicles.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

241

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

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

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

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

b. Purpose
242
To provide a capability for defensive ballistic protection in indoor and outdoor environments, rescue platforms for elevated structure rescue, and rough terrain environments where certain equipment would be limited.

d. Lifespan
25 years

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

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

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

243

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

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

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

c. Authorized Use
244
The LRAD shall only be used by officers trained in its deployment. d. Lifespan
No life expectancy.

e. Fiscal Impact
None.

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

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

245

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

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

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

DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325,
Cost: $18, quantity: 350.

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

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

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

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
d. Training
246
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors.
e. Lifespan
25 years.

f. Fiscal Impact
No annual fiscal impact.

g. Legal and Procedural Rules

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

247
Chemical Agent and Smoke Canisters:

Canisters that contain chemical agents that are released when deployed.

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

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

Fontana Police Inventory
Defense Technology Pocket Tactical CS -35

Defense Technology pocket tactical safe smoke - 5

Defense Technology Flameless Tri-Chamber CS -15
Defense Technology Spede Heat CS - 21
Defense Technology 40 mm Warning/Signal 50 meter -17
Defense Technology Riot Control CS - 13
Defense Technology Flameless Tri-Chamber OC - 11
Defense Technology Triple Chaser CS - 6
248
Defense Technology Direct Impact Marking round - 6
Defense Technology 40 mm Saf-Smoke 100 meters – 2
Defense Technology 40MM Marking/ Signaling – 2
Defense Technology 40 mm Ferret CS - 39
Defense Technology Spede Heat OC – 1
Defense Technology Aerosol OC Vapor- 2
Defense Technology Triple Chaser OC – 1
Defense Technology Triple Chaser Safe Smoke- 1
Defense Technology Flameless Tri-Chamber Safe Smoke - 1 Defense Technology 5230 Baffled Tactical CS Smoke – 11

Inland Valley SWAT Inventory
Defense Technology 40 mm Liquid Ferret - 50
Defense Technology Pocket Tactical CS -14
Defense Technology Pocket Tactical Smoke - 3
Defense Technology CTS 5230 Baffle CS - 1
Defense Technology Smoke - 3
Defense Technology Aerosol/OC Vapor - 10
Defense Technology OC Stinger Handball - 20
Defense Technology Triple Chaser Smoke - 3
Defense Technology CS Stinger Handball - 20
Defense Technology Flameless Tri-Chamber CS - 4
Defense Technology Spede Heat CS - 16
Defense Technology Riot Control CS - 10
Defense Technology Triple Chaser CS - 6
Defense Technology Spede Heat CS 40 mm – 15
Defense Technology Launcher Spede Heat – 15
Defense Technology Triple Chaser Smoke- 3
249
Defense Technology 5230 Baffled CS Smoke- 30
Defense Technology Riot Control OC – 7
Defense Technology Packet Tactical OC – 1
Defense Technology Spede Heat OC – 9
Defense Technology Flameless Tri-Chamber OC - 2

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

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

f. Fiscal Impact
No annual cost.

250
Less Lethal Shotgun:

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

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

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

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

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

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

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

2.Riot/crowd control and civil unrest incidents.
251

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

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

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

252

Distraction Devices:

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

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

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

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

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

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

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

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

b. Purpose
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
Diversionary Devices shall only be used:
 By officers who have been trained in their proper use.  In hostage and barricaded subject situations.
 In high-risk warrant (search/arrest) services where there may be extreme hazards to officers or there is no response from suspects from announcements.
 During other high-risk situations where their use would enhance officer safety.
 During training exercises.
d. Lifespan
Until used.
253
e. Fiscal Impact
No annual maintenance.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors. SWAT team members consistently train on the use of distraction devices.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

254

Explosive Breaching Tools:

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

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

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

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

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

b. Purpose
To safely and quickly gain entry into a structure.
c. Authorized Use
255
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
Blasting Caps- 10 years.

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

256

Rifles:

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

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

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

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

Daniel Defense DDM4 5.56mm, cost: $1,450. Quantity 25.

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

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

b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use
Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 312.13)
d. Lifespan
No expiration.
e. Fiscal Impact
257
None.
f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. g. Legal and Procedural Rules
Use is established under policy 312 of the Fontana Police Department. It is the policy of the Fontana Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

258
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0154 Agenda Date: 4/22/2025
Agenda #: A. Category: New Business
FROM:

Administrative Services
SUBJECT:

Introduction and First Reading of Ordinance No. 1968, adding Article VII to Fontana Municipal Code Chapter 16 regarding Camping in the City.

RECOMMENDATION:

Introduce and conduct the first reading, by title only, for Ordinance No. 1968, an Ordinance adding Article VII entitled “Camping” to Chapter 16 of the Fontana Municipal Code, establishing procedures for the handling of camping and associated matters.

COUNCIL GOALS:
· Operate in a businesslike manner by correcting problems immediately. · Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging conservation, waste reduction, and recycling in the community.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.

DISCUSSION:

The City of Fontana continues to strive for a safe, clean and healthy environment, walkways, streets, parks, and public spaces. These areas are sometimes used by some members of the public to set up sleeping and camping spaces which can include tents, bedding, personal property, and pets. Some of these encampments are made of even more permanent materials. These encampments are often unsanitary, left with abandoned personal property, and can impact the public use and enjoyment of these areas.

In 2018, in the case of Martin v Boise, the U.S. Court of Appeals for the Ninth Circuit prohibited a municipality from enforcing its “camping” laws unless the municipality could provide a bed for the person to sleep. This restriction was rooted in the Eighth Amendment to the US Constitution preventing Cruel and Unusual Punishment.

In June 2024, in the case City of Grants Pass v. Johnson, the US Supreme Court ruled that cities can enact a ban on camping on public property, even if there is no bed or shelter space available, while not violating the Eighth Amendment.

Therefore, staff was directed to draft an amendment to the Fontana Municipal Code banning camping on public property in the City of Fontana and establishing rules for noticing campers that camping on City of Fontana Printed on 4/15/2025Page 1 of 2
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File #: 25-0154 Agenda Date: 4/22/2025
Agenda #: A. Category: New Business
public property in Fontana is prohibited, the potential removal for personal property, the penalties for camping on public property and how those penalties will be implemented.

Additionally, the safety of the public as well as the safety of staff who may be called upon to removal personal property is paramount. The amendment provides options for immediate disposal of personal property if that property is deemed to constitute a public health risk.

FISCAL IMPACT:

The fiscal impact is undetermined at this time but could include the cost to store personal property, as well as staff time to patrol for camping and clear out camping sites.

MOTION:

Approve staff’s recommendation
City of Fontana Printed on 4/15/2025Page 2 of 2
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ORDINANCE NO. 1968

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, ADDING ARTICLE VII ENTITLED “CAMPING” TO
CHAPTER 16 OF THE FONTANA MUNICIPAL CODE TO ESTABLISH

PROCEDURES FOR THE HANDLING OF CAMPING AND ASSOCIATED
MATTERS.

WHEREAS, the City of Fontana, California (“City”) is a general law city, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, the City desires to add Article VII (“Camping”) to Chapter 16 of the Fontana Municipal Code (“FMC”) to establish procedures for the handling of camping and associated matters to promote and protect the health and safety of the public.

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:

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

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

Section 3. Municipal Code Amendments . Article VII of Chapter 16 is hereby added, as shown in Exhibit A, which is attached hereto and incorporated herein by this reference.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, c lause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

Section 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of 261
Ordinance No. 1968
2 of 2

these records is the City Clerk.

Section 6. Effective Date. This Ordinance shall be effective thirty (30) days following its adoption.

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana.

APPROVED AND ADOPTED this 13th day of May, 2025.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting on the 22nd day of April, 2025 and was finally passed and adopted not less than five days thereafter on the 13th day of May, 2025, 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

262

EXHIBIT A

Chapter 16 – MISCELLANEOUS PROVISIONS AND OFFENSES

ARTICLE VII.– CAMPING.

Sec. 16-152. - Purpose.

The purpose of this Chapter is to maintain streets, parks, and other public and private areas within the City in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and welfare of the public. Nothing in this Chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property, or to criminalize or regulate the status of being homeless.

Sec. 16-153. - Definitions.

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
"Abandoned personal property" means personal property that the owner surrenders, relinquishes, or disclaims. Personal property left unattended on public property for more than one hour shall be deemed abandoned. Personal property may also be deemed abandoned based on the indicia of abandonment and totality of the circumstances.

Abandonment does not require express surrender, relinquishment, nor disclaimer by the owner. Indicia of abandoned personal property include, but are not limited to, personal property found where nobody in the immediate vicinity claims ownership; and personal property left on private real property for any period of time without the permission of the real property owner or current tenant. "Camp" means to place, pitch, or occupy camp facilities; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia for the purpose of temporary or permanent human habitation.
"Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping outfits, temporary shelter, bivouacs, sleeping bags, tarpaulins, ground cover, and similar facilities. "Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, cooking facilities, and similar equipment.
"Establish" means setting up or moving equipment, supplies, materials, or camp paraphernalia onto public or private property to camp or operate camp facilities. "Maintain" means keeping or permitting equipment, supplies, or materials to remain on public or private property.
"Operate" means participating or assisting in establishing or maintaining a camp or camp facility. "Personal property" means any and all tangible items including, but not limited to, goods, materials, merchandize, camp paraphernalia, luggage, backpacks, books, clothing, documents, household goods, medication, and animals. "Private property" means all privately owned property.
"Public property" means all property owned, possessed, controlled, or operated by a public agency, including, but not limited to, public rights-of-way, streets, sidewalks, alleys, trails, bike paths, waterways, easements, parks, unimproved land, government buildings, schools, libraries, etcetera.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.
263

EXHIBIT A

Sec. 16-154. - Unlawful camping.

A. It is unlawful and a public nuisance for any person to camp; establish, maintain, allow, operate, or occupy camp facilities; or use camp paraphernalia, in the following areas:

1. On any public property unless expressly permitted by the City;

2. Any public or private street or right-of-way, including sidewalks, bus stops, and public landscaping;

3. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved;

4. In, on, under, or adjacent to any structure not intended for human occupancy;

5. In, on, under, or adjacent to a parked vehicle on any public or private property including, but not limited to, an automobile, bus, truck, camper, trailer, or recreational vehicle. For purposes of this section, "recreational vehicle" shall have the same meaning as provided in Section 30-12 of this Code;

6. On private property without consent of the property owner;

7. On private property within view of a public right-of-way;

8. On private property where such use violates any provision of this Code or State law; or

9. On private property in a manner that causes a public nuisance.

B. The prohibition on camping in this section shall not apply to the following:

1. Camping on residential private property with consent of the property owner, and where such use does not violate any provision of this Code or State law, does not create or permit a public nuisance, and where such use is not within view of the public right-of-way;

2. Camping where specifically permitted within City-approved campgrounds or facilities; or

3. Camping in connection with a special event as authorized by the City through issuance of a permit pursuant to Section 17-5 of this Code.

C. The exceptions contained in Subdivision B do not apply where camping:

1. Is conducted in such a manner as to create inadequate sanitation or any other public nuisance;

2. Violates any law;

3. Is of such frequency, intensity, or duration as to constitute a use of land prohibited by zoning regulations;

4. Is prohibited under any other provision of this Code concerning the use of mobile homes; or

5. Requires any fee, charge, or other monetary consideration for the privilege of camping, for any services, or for the use of any facilities related thereto, other than at City-approved campgrounds or facilities. 264

EXHIBIT A

D. Nothing in this chapter is intended to prohibit or make unlawful activities of a property owner or lawful tenant of private property that are incidental to the lawful and authorized use of private property for residential or other approved and legal purposes. Nothing herein is intended to prohibit or make unlawful activities of a property owner or other lawful tenant if such activities are expressly authorized by the City's zoning ordinance, other ordinances, or regulations.

Sec. 16-155. - Storage of personal property.

A. It is unlawful and a public nuisance for any person to store personal property in any of the following areas, except as otherwise approved by the city manager or designee or as permitted by this Code or State law:

1. Any public property;

2. Any public or private right-of-way, including streets, sidewalks, alleys, trails, bike paths, bus stops, and public landscaping; or

3. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved.

B. Personal property stored in violation of this section shall be deemed abandoned and shall be subject to impoundment and/or disposal pursuant to procedures established in Sections 16-157 through 16-161.

Upon notice by any enforcement officer of the City, any such person shall immediately remove the obstruction. Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance. Any personal property that is creating an obstruction as described in this Subsection that is not removed following notice may be impounded as provided in this Chapter.

D. Animals seized by the City pursuant to this Chapter, including service animals, shall be taken to the local animal shelter and held for sixty days. In the event that the animal is not claimed within those sixty days, the owner is deemed to have abandoned the animal. Abandoned animals shall be disposed of pursuant to the animal shelter’s policy for abandoned animals.

Sec. 16-156. - Receiving personal property.

The chief of police or designee shall make provisions for safekeeping personal property received by the City. In the event the personal property is delivered to the city by a person, a receipt shall be issued to that person, unless the property was found in the course of employment by an employee or agent of the City.

Sec. 16-157. - Notice.

A. No Notice for Abandoned, Dangerous, or Perishable Property, Contraband, or Waste. Unlawfully stored personal property that is believed in good faith to be abandoned, which presents an immediate threat to public health or safety, that is perishable, that is contraband, which clearly constitutes waste or trash as defined 265

EXHIBIT A

by this Code, or that is left unattended for more than one hour on public property, may be disposed of without any notice.

B. No Notice for Evidence in Criminal Case. Unlawfully stored personal property that constitutes evidence in a criminal investigation may be impounded without notice.

C. Attended Property Notice. The custodian of attended personal property being unlawfully stored on public property shall be given one hour notice to remove the violating personal property. Any personal property left on public property after that one-hour notice has expired shall be deemed abandoned.

D. Notice Upon Impoundment. The City may impound any personal property unlawfully stored on public property. Except as exempted in Subdivisions A, B, and C, the city shallprovide a written notice in a conspicuous place at or near where the personal property was located, advising where the personal property is being kept and when and where it may be claimed by the owner.

E. Signs. The City may erect signs in commonly affected areas to provide the notices required by this Section.

Sec. 16-158. - Failure to remove attended personal property.

It is unlawful and a public nuisance to fail to remove attended personal property within one hour of receiving notice requiring removal. Moving personal property to another location where storage is prohibited by this Chapter shall not constitute compliance with removal.

Sec. 16-159. - Holding of personal property; repossession by owner.

A. Personal property coming into possession of the City pursuant to this Chapter shall be deposited in a safe place for a period of at least sixty days. In the event such personal property is not claimed within those sixty days, it shall be deemed abandoned personal property and shall be subject to disposition as provided in this Chapter or as otherwise permitted by law.

B. The owner of the personal property may repossess the personal property upon submitting satisfactory proof of ownership during the sixty-day holding period. A person may establish ownership by, among other methods, describing the location where the personal property was found and providing a specific and detailed description of the personal property. If ownership cannot be determined to the satisfaction of the Chief of Police or designee, he or she may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the City shall continue to hold the personal property until such a determination is made if the City is given notice of the court action within the sixty-day holding period.

C. If ownership is determined, the owner shall be required to pay the reasonable costs incurred by the city in impoundment and storage prior to the return of the personal property, unless a financial hardship waiver is submitted to the city by the owner on forms authorized by the city and such waiver is approved by the chief of police or designee.
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EXHIBIT A

Sec. 16-160. - Evidence in a criminal case.

Notwithstanding Section 16-159, where personal property is impounded for use as evidence in a criminal case, such property shall be held until the final disposition of any pending charges, including appeals, or the lapse of time for filing an appeal, unless a court orders otherwise, in accordance with California Penal Code section 1417 et seq.

Sec. 16-161. - Disposition after holding period.

Upon the expiration of any holding period for received personal property pursuant to Sections 16-159 or 16-160, any remaining personal property not claimed by or returned to the owner may be appropriated to the City upon order of the city manager or designee that the personal property is needed for a public use. Any personal property not appropriated to the City may be sold at a public auction or disposed of in such a manner as deemed appropriate by the city manager ordesignee. If personal property constitutes money, such money shall be deposited into the City's general fund.

Sec. 16-162. - Use of vehicle for human habitation.

It is unlawful for any person to use any motor vehicle or recreational vehicle, as defined by Section 30-12 of this Code, for human habitation on or in any public or private street, alley, parking lot, or any public or privately owned property which is held open for public use. For purposes of this Section, evidence of "human habitation" shall include but not be limited to, observations that the vehicle is being used for living, sleeping, cooking, or bathing purposes. Sleeping in or occupying a parked vehicle for longer than thirty minutes, consecutively or in the aggregate, between the hours of 11:00 p.m. and 5:00 a.m. shall constitute prima facie evidence the vehicle is being used for human habitation.

Sec. 16-163. - Urination or defecation in public view.

It shall be unlawful for any person to urinate or defecate or dump any fecal matter on public or private property in an area exposed to the public view or on any public right-of- way, street, sidewalk, alley, park, or any other space except in a restroom or other facility designed for such purpose.

Sec. 16-164. - Enforcement.

A. Any violation of this Chapter is hereby declared to be unlawful, a public nuisance, and a misdemeanor punishable by a fine of up to $1,000 and imprisonment up to six months.

B. Each person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of or failure to comply with any of the provisions of this Chapter is committed, maintained, continued, or permitted by such person, and each instance shall be deemed punishable.

C. The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law.

D. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, a restraining order, preliminary 267

EXHIBIT A

or permanent injunction, and criminal or administrative enforcement.

E. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

F. Violations of this Chapter involving a person who willfully resists, delays, or obstructs an authorized City agent from enforcing any provision of this Chapter shall be in violation of this Chapter and subject to arrest and the penalties set forth in this Section.

G. If a person in control of a vehicle is arrested pursuant to this Chapter resulting in that vehicle being left unattended, then that vehicle may be removed by the City in accordance with applicable State lawS such as Vehicle Code sections 22650 through 22711.
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Chapter 16 – Article VII - CAMPING

Sec. 16-152. - Purpose.

Sec. 16-153. - Deﬁnitions.

Unless the particular provisions or the context otherwise requires, the deﬁnitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
"Abandoned personal property" means personal property that the owner surrenders, relinquishes, or disclaims. Personal property left unattended on public property for more than one hour shall be deemed abandoned. Personal property may also be deemed abandoned based on the indicia of abandonment and totality of the circumstances. Abandonment does not require express surrender, relinquishment, nor disclaimer by the owner. Indicia of abandoned personal property include, but are not limited to, personal property found where nobody in the immediate vicinity claims ownership; and personal property left on private real property for any period of time without the permission of the real property owner or current tenant.
"Camp" means to place, pitch, or occupy camp facilities; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia for the purpose of temporary or permanent human habitation. "Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping outfits, temporary shelter, bivouacs, sleeping bags, tarpaulins, ground cover, and similar facilities. "Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, cooking facilities, and similar equipment.
"Establish" means setting up or moving equipment, supplies, materials, or camp paraphernalia onto public or private property to camp or operate camp facilities. "Maintain" means keeping or permitting equipment, supplies, or materials to remain on public or private property.
"Operate" means participating or assisting in establishing or maintaining a camp or camp facility. "Personal property" means any and all tangible items including, but not limited to, goods, materials, merchandize, camp paraphernalia, luggage, backpacks, books, clothing, documents, household goods, medication, and animals.
"Private property" means all privately owned property.
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"Public property" means all property owned, possessed, controlled, or operated by a public agency, including, but not limited to, public rights-of-way, streets, sidewalks, alleys, trails, bike paths, waterways, easements, parks, unimproved land, government buildings, schools, libraries, etcetera. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.