Fontana City Council
May 27, 2025

Tuesday, May 27, 2025
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Revised Agenda
WORKSHOP - 12:00 P.M.

CLOSED SESSION - 1:30 P.M.

REGULAR MEETING - 2:00 P.M.

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 May 27, 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.

WORKSHOP:

A. 12:00 P.M. City Council Workshop
A. City Council Workshop: FY 25-27 Budget Review 25-0276 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. 1:30 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957.6 City Negotiator:

John Bakhit, Labor Counsel and Matt Ballantyne, City
25-0277

2 City Council Meeting Revised Agenda May 27, 2025
Manager. Employee Organization( s): Police Officers
Association.

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 introduce new Parks, Community and Human Services Commissioners.

2. Mayor Warren and City Council to recognize, Corporal David Campa, Officers Daniel Oliver, Holden Sparrow, Ryan Ruff, Imaad Sally, Israel Matos, Sophia Stracner, Anthony Martinez, Cody Chick, Joshua Carreon, Mario Martinez,
Alex Chuy, Brandon Whobrey, Khyra Radford and
Christopher Drayer, and Animal Services Officer Ashley
Cockroft as April 2025 Employees of the Month (Captain
Burton to present).
25-0269
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 25-0264

3 City Council Meeting Revised Agenda May 27, 2025
Approve the minutes of the May 13, 2025, Regular City Council Meeting.

Attachment No. 1 - City Council Meeting Minutes
05-13-2025.pdf
Attachments:

B. Adoption of Ordinance No. 1969 on Second Reading,
Establishing Entertainment Center Overlay District and
other Zoning and Development Code Amendments.
25-0265
Adopt Ordinance No. 1969 on Second Reading, approving Master Case No. 25-0011 and Municipal Code Amendment No. 25-001 to establish a new entertainment center overlay district with three (3) Entertainment Center planning areas with land use restrictions and requirements; revisions to the land use tables in Form Based Code (FBC) Downtown Gateway, Sierra Gateway, Route 66 Gateway and Valley Gateway) and Commercial Zoning Districts for parcels that have frontage along Foothill Boulevard between Ilex Street to Maple Avenue and Along Sierra Avenue from I-10 to Randall Avenue, revise the permit requirements for farmers markets from minor use permit to temporary use permit; revise the nonconforming provisions to allow for expansions for up to 50 percent along with an extension of a discontinued nonconforming use up to twenty-four months for repairs, remodels, and expansions; and include a requirement for the installation of Route 66 signage for certain properties along Foothill Boulevard for projects that undergoing a Design Review or an Administrative Site Plan, pursuant to the certified General Plan Environmental Impact Report (State Clearinghouse (SCH) No. 2016021099) and Public Resources Code Section 21083.3.

Attachment No. 1- Ord. 1969.docx
Attachment No. 2- Exhibit A.docx
Attachments:

C. 2025-2026 Statement of Investment Policy 25-0082
Adopt the City of Fontana Statement of Investment Policy for Fiscal Year 2025-2026.

Fontana 2025-2026 Investment Policy Final.docxAttachments:

D. Award a Task Order for Geotechnical Engineering and
Materials Testing Services for the 2024-2025 programmed Citywide Pavement Rehabilitation Projects (Request for
Proposals DE-24-195-SQ-02)
25-0190

1. Award and authorize the City Manager to execute a Task Order in the amount of $136,850.00 with Geocon West, Inc. for the 2024-2025 programmed Citywide Pavement Rehabilitation Projects (Request for Proposals DE-24-195-SQ-02).

2. Approve and authorize the City Manager to execute any future amendments to the Task Order in the amount not to exceed $30,000.

4 City Council Meeting Revised Agenda May 27, 2025
Attachment No. 1- Geotech BidResultDetail423828.pdf
Attachment No. 2- Grid Map 47 Pavement Map.pdf
Attachment No. 3- Marygold Ave Sierra to Maple Map.pdf
Attachment No. 4- Merrill Ave Alder to Maple Map.pdf
Attachment No. 5-Sierra Ave Baseline to Highland Map.pdf Attachment No. 6- Sierra Ave Summit to Sierra Lake
Map.pdf
Attachments:

E. Approval to Purchase a Mulch Blower and Trailer to
Support SB 1383 Procurement Requirements
25-0200

1. Authorize the Purchasing Division to procure a mulch blower and trailer utilizing the Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Purchase by Another Agency.

2. Authorize to use the Sourcewell contract #070821-FNN to purchase the Finn mulch blower and trailer from authorized dealer Clairemont Equipment, Fontana, CA in the amount of $154,874.34 plus applicable sales tax.

Attachment No. 1- City of Fontana MBH6 quote.pdf
Attachment No. 2- City of Fontana MBH6 sales contract.pdf Attachments:

F. Final Acceptance of the Active Transportation Program (ATP) Safe Routes to School (SRTS) Pedestrian
Improvements Project on Ramona, Alder, Locust Avenue
Project [Federal ID No. ATPSB 1L-5307(027)] (Bid No .

SB-67-DE-23)
25-0208
Accept as complete the work performed by Riverside Construction Company, Inc. for the Active Transportation Program (ATP) Safe Routes to School (SRTS) Pedestrian Improvements Project on Ramona, Alder, Locust Avenue Project (#37603339).

Attachment No. 1- Vicinity MapAttachments:

G. Final Acceptance of the Sierra Avenue Landscape Median Project (DE-24-28-SB)
25-0209
Accept as complete the work performed by IMR, Inc. for the construction of the Sierra Avenue Landscape Median Project.

Attachment No. 1- Vicinity MapAttachments:

H. Co-Sponsorship Application Cycle (1) FY 2025/2026 25-0210 Review and approve the seventeen (17) Co-Sponsorships requests recommended for the first half of FY 2025/2026 fiscal year (July 2025

5 City Council Meeting Revised Agenda May 27, 2025
through June 2026) totaling an amount of $47,379.00 as recommended by Parks, Community, and Human Services Commission.

Attachment 1- Co-Sponsorship Policy.pdf
Attachment 2- Feb '25 final.pdf
Attachment 3- Feb '25 final.pdf
Attachment 4 - w_out Revenue Loss_Feb. '25 final.pdf
Attachment 5- Priority Matrix_Feb '25 final.pdf
Attachments:

I. Authorization to Apply for the Board of State and
Community Corrections Proposition 47, Cohort 5 Grant
Program
25-0252

1. Authorize the Fontana Housing Department to apply for State and Community Corrections (BSCC) Proposition 47, Cohort 5 Grant Program.

2. Authorize the City Manager, or City Manager ’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely submittal and execution of the State and Community Corrections Proposition 47, Cohort 5 Grant Program.

3. Adopt Resolution No. 2025-023 , delegating the City Manager with signing authority to execute the State and Community Corrections Proposition 47, Cohort 5 Grant Program grant agreement, if awarded.

4. Approve and authorize the City Manager, or his designee, to execute a lease agreement with River ’s Edge Ranch for the property located at 16000 Dorsey Ave (APN: 0232-191-10-0000).

5. Approve and Authorize the City Manager, or City Manager ’s designee, to make non-material changes to these agreements and execute any future amendments to the lease agreement.

Attachment No. 1- Prop 47 Resolution.docx
Attachment No. 2- The Rivers Edge Ranch Lease for 16000 Dorsey-c1.docx
Attachments:

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition

6 City Council Meeting Revised Agenda May 27, 2025
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Master Case (MCN) No. 25-0025 - Municipal Code
Amendment (MCA) No. 25-0006: For amendments to the
Fontana Municipal Code to amend multiple sections of
Chapter 30 (Zoning and Development Code) relating to
parking requirements in the Sierra Core District of the Form-Based Code, minimum dimensions for private open
space in the Form-Based Code, minimum width of
rowhouses in the Form Based Code, minimum queuing and
study requirements for drive-through restaurants,
screening requirements for mechanical /utility equipment, and to eliminate redundant code language, pursuant to
Section 15378 of the State of California Environmental
Quality Act (CEQA) Guidelines, section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA.
25-0250

1. Determine that this Ordinance is not a project pursuant to Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines, Section No. 3.22 and 3.04 of the 2019 Local Guideline for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly, and it can be determined with certainty that there is no possibility that the activity in question may have significant effect on the environment and is therefore not subject to CEQA; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1970, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0025 and Municipal Code Amendment No. 25-0006 to amend multiple sections of Chapter 30 (Zoning and Development Code) relating to parking requirements in the Sierra Core District of the Form-Based Code, minimum dimensions for private open space in the Form-Based Code, minimum width of rowhouses in the Form Based Code, minimum queuing and study requirements for drive-through restaurants, screening requirements for mechanical/utility equipment, and to eliminate redundant code language; and the reading of the title constitutes the first thereof.

Attachment No. 1 - Ordinance No. 1970
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - Planning Commission Minutes of
5-6-2025.pdf
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
Attachments:

7 City Council Meeting Revised Agenda May 27, 2025
NEW BUSINESS:

A. New Business
A. Fiscal Year 2024-25 Third Quarter Budget Status Report 25-0253 Approve the recommended Fiscal Year 2024-25 Third Quarter Budget adjustments and organizational changes.

FY24-25 Third Quarter Budget Status Report 5-22-25.pdfAttachments:

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 June 10, 2025 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

8 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0276 Agenda Date: 5/27/2025
Agenda #: A. Category: Workshop
Workshop
Tuesday, May 27, 2025
12:00 P.M.

Grover W. Taylor Council Chambers
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 5/20/2025Page 1 of 1
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9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0277 Agenda Date: 5/27/2025
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, May 27, 2025
1:30 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 5/22/2025Page 1 of 1
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10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0269 Agenda Date: 5/27/2025
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, May 27, 2025
2:00 P.M.

Grover W. Taylor Council Chambers
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 5/20/2025Page 1 of 1
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11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0264 Agenda Date: 5/27/2025
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the May 13, 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 May 13, 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, May 13, 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

13

CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, May 13, 2025.

Mayor Warren called the meeting to order at 1:01 p.m. with all members of the City Council present.

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

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: John Bakhit, Labor Counsel and Matt Ballantyne, City Manager. Employee Organization(s): Police Officers Association.

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, May 13, 2025.

Mayor Warren called the Regular City Council Meeting to order at 2:06 p.m.

ROLL CALL:

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

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

ABSENT: None

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 Sandoval.

14

CLOSED SESSION ANNOUNCEMENT:

Acting City Attorney Stephen Deitsch reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action.

PROCLAMATION:

A. Proclamation

1. Mayor Warren and City Council to proclaim Thursday, May 22, 2025, as POLICE OFFICERS MEMORIAL DAY in Fontana and the week of May 11 -17, 2025, as National Police Week in Fontana (Police Officers Association Board Member Leonard Sein to accept).

Mayor Warren and the City Council proclaimed Thursday, May 22, 2025, as POLICE OFFICERS MEMORIAL DAY in Fontana and the week of May 11-17, 2025, as National Police Week in Fontana. Police Officers Association Board Member Leonard Sein accepted.

2. Mayo r Warren and City Council to proclaim the month of May 2025 as National Building and Safety Month (Building and Safety Director Jeffrey Baughman to accept).

Mayor Warren and the City Council proclaimed the month of May 2025 as National Building and Safety Month. Building and Safety Director Jeffrey Baughman accepted.

3. Mayor Warren and City Council to proclaim May 5-11, 2025, as Professional Municipal Clerk's Week (City Clerk Germaine Key to accept).

Mayor Warren and City Council proclaimed May 5-11, 2025, as Professional Municipal Clerk's Week. City Clerk Germaine Key accepted.

SPECIAL PRESENTATIONS:

A. Special Presentations

1. Mayor Warren and City Council to recognize, Officers Adam Sein, Matthew Sherwood, Jonathan Bagley, Garret Mahan, Brett Swanson and Christopher Drayer; Dispatcher II's Erika Barajas & Teddy Boucher and Dispatcher I Melissa Lucero as March 2025 Employees of the Month (Captain Brian Binks to present).

Mayor Warren and the City Council recognized Officers Adam Sein, Matthew Sherwood, Jonathan Bagley, Garret Mahan, Brett Swanson and Christopher Drayer; Dispatcher II's Erika Barajas and Teddy Boucher and Dispatcher I Melissa Lucero as March 2025 Employees of the Month.

2. Mayor Warren and City Council to recognize the 2025 Building and Safety Employee of the Year (Building and Safety Director Jeffrey Baughman to present). 15

Mayor Warren and the City Council recognized Permit Technician I Brandi Flores as the 2025 Building and Safety Employee of the Year.

3. Mayor Warren and City Council to recognize City Clerk's Department Employee of the Year (Chief Deputy City Clerk, Christina Rudsell to present).

Mayor Warren and the City Council recognized Administrative Clerk II Sylvia Frausto as the City Clerk's Department Employee of the Year.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Bill Freeman expressed his appreciation to Parks and Landscape Supervisor Brian Clements for promptly addressing and resolving maintenance concerns at a city park near Gabion Ranch. He also rec ognized Engineering Manager Ruben Hovanesian for taking the time to meet with him regarding the potential installation of a stop sign at the intersection of Summit Avenue and Montelena Road. Additionally, Mr. Freeman extended his thanks to City staff on behalf of the Fontana Exchange Club for their efforts in making the Fontana Days Parade a successful event.

CONSENT CALENDAR:

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5-0 to approve Consent Calendar Items “A-J.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

A. Approval of Minutes 25-0192
Approve the minutes of the April 22, 2025, Regular City Council Meeting.

B. Adoption of Ordinance No. 1968 (Second Reading), Adding 25-0191 Article VII to Fontana Municipal Code Chapter 16 regarding Camping in the City
Second Reading/Adopt Ordinance No. 1968, Adding Article VII Entitled “Camping” to Chapter 16 of the Fontana Municipal Code to Establish Procedures for the Handling of Camping and Associated Matters.

C. Approve Pre-Qualified Planning Firms to Provide On-Call 25-0095 Professional Services

1. Approve the Pre-Qualified Firms List to provide various On-Call Professional Planning Services.

2. Authorize the City Manager to execute On-Call Professional Agreements 16

with selected firms on an as-needed basis for a period of six (6) years from approval.

3. Authorize the City Manager to execute any future amendments to the On-Call Professional Agreements.

D. Adopt a Resolution for Projects Funded by the Road Repair and 25-0168 Accountability Act, SB 1
Adopt Resolution No. 2025-022, of the City Council of the City of Fontana to incorporate projects funded by SB 1, the Road Repair and Accountability Act, for Fiscal Year 2025-2026.

E. Award a Construction Contract for the Stage Red Theater 25-0187 Outdoor Deck Project (PW-25-125-SB)

1. Award bid and authorize the City Manager to execute a construction contract with Oppenheimer National for the construction of the Stage Red Theater Outdoor Deck Project in the amount of $244,400.00 and authorize a 10% contingency in the amount of $24,440.00 (PW-25-125 -SB).

2. Authorize the City Manager to execute any related items on the behalf of the City of Fontana for the Stage Red Theater Outdoor Deck Project (PW- 25-125-SB).

F. Award Construction Management Services contract with C.W. 25-0188 Driver, LLC for the Downtown West Parking Structure Project (DE-25-98-SP).

1. Award and authorize the City Manager to execute the Professional Services Agreement with C.W. Driver, LLC for the Downtown West Parking Structure Project in the amount of $596,576.00 (Request for Proposals DE-25-98-SP).

2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments not exceeding $100,000.00 for the Downtown West Parking Structure Project (Request for Proposals DE-25-98-SP).

G. Approve a Professional Services Agreement for Architectural 25-0196 Design Services with Robert, Borders & Associates for the Regional Navigation Center Tenant Improvements Project
(DE-25-91-SP)

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Robert, Borders & Associates for Architectural Design Services for the Regional Navigation Center Tenant Improvements Project in the amount of $625,399.00 (Request for Proposals DE-25-91 -SP).

17

2. Appropriate $150,000.00 from Capital Reinvestment Fund (601) to the Regional Navigation Center Tenant Improvements Project (PN37600084).

3. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments not exceeding $100,000.00 for the Regional Navigation Center Tenant Improvements Project (Request for Proposals DE-25-91-SP).

4. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Regional Navigation Center Tenant Improvements Project.

H. Authorize Operating funding to the Stage Red Enterprise 25- 0197 Fund.

Approving funding to the Stage Red Enterprise Fund for operating expenses to ASM Global.

I. Police Department Monthly Information Update 25-0198 Accept the Police Department monthly information update for March 2025.

J. Pacific Electric Trail Canopy (Outdoor Fitness Zone Equipment) 25-0199 PW-24-251-CC
Authorize an increase in the construction amount by $81,817.50, bringing the total amount to $244,011.61, and authorize a 10% contingency of $24,401.16.

PUBLIC HEARINGS:

A. Master Case No. 25-00011 and Municipal Code Amendment 25-0136 No. 25-001: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code) to establish a new
entertainment center overlay district with three (3)
Entertainment Center planning areas with land use restrictions and requirements; revisions to the land use tables in Form Based Code (FBC) Downtown Gateway, Sierra Gateway, Route 66 Gateway and Valley Gateway) and Commercial Zoning
Districts for parcels that have frontage along Foothill Boulevard between Ilex Street to Maple Avenue and along Sierra Avenue from I-10 to Randall Avenue, revise the permit requirements for farmers markets from minor use permit to temporary use permit; revise the nonconforming provisions to allow for expansions for up to 50 percent along with an extension of a discontinued nonconforming use up to twenty-four months for repairs, remodels, and expansions; and include a requirement for the installation of Route 66 signage for certain properties along Foothill Boulevard for projects that undergoing a Design Review 18

or an Administrative Site Plan, pursuant to the certified General Plan Environmental Impact Report (State Clearinghouse (SCH) No. 2016021099) and Public Resources Code Section 21083.3.

1. Determine that the proposed amendments are consistent with the Fontana General Plan and certified General Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2016021099) and so qualifies for an exemption from CEQA specifically Public Resources Code 20183.3 and CEQA Guidelines Section 15183, as the proposed amendments will have no new or more severe significant environmental effect “peculiar to” the Ordinance than discussed in the certified EIR and will have no significant off-site and cumulative impacts not discussed in that EIR as long as all applicable mitigation measures in the certified EIR will be undertaken; and

2. Read by title only and waive further reading of and introduce Ordinance No.1969, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0011 and Municipal Code Amendment No. 25-001 to establish a new entertainment center overlay district with three (3) Entertainment Center planning areas with land use restrictions and requirements; revisions to the land use tables in Form Based Code (FBC) Downtown Gateway, Sierra Gateway, Route 66 Gateway and Valley Gateway) and Commercial Zoning Districts for parcels that have frontage along Foothill Boulevard between Ilex Street to Maple Avenue and Along Sierra Avenue from I-10 to Randall Avenue, revise the permit requirements for farmers markets from minor use permit to temporary use permit; revise the nonconforming provisions to allow for expansions for up to 50 percent along with an extension of a discontinued nonconforming use up to twenty-four months for repairs, remodels, and expansions; and include a requirement for the installation of Route 66 signage for certain properties along Foothill Boulevard for projects that undergoing a Design Review or an Administrative Site Plan.

Mayor Warren opened the Public Hearing.

City Clerk Key reported that one public comment was received in opposition to the item. The comment was forwarded to the City Council and will be included in the official record.

Senior Planner Rina Leung presented the staff report. She also noted that a letter from the law firm Gibson Dunn, which raised concerns regarding the proposed municipal code amendment, was reviewed by staff. Staff disagreed with the assertions made in the letter.

Mayor Warren inquired about whether a car show could still be held in the area and whether existing uses would be impacted. Senior Planner Leung clarified that the proposed ordinance would not affect the car show and that existing uses could continue and potentially expand if desired.

Mayor Warren thanked Mayor Pro Tem Garcia, Council Member Cothran, and City staff for their work on the project.

19

With no members of the public wishing to speak either in favor or opposition, Mayor Warren closed the Public Hearing.

Council Member Roberts thanked staff for ensuring the proposed ordinance includes protections for existing businesses in the area.

ACTION: Motion was made by Council Member Cothran, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4-1 to approve staff recommendation on Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren , Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None

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 recognized National Police Week and expressed appreciation to police officers for their service. She also congratulated all staff who were recognized during the meeting and thanked them for their continued dedication and hard work.

City Clerk Key extended congratulations to all staff recognized during the meeting, with special acknowledgment to Administrative Clerk II Sylvia Frausto. She also thanked the City Council for their support in celebrating Professional Municipal Clerk's Week.

Council Memb er Cothran spoke on the importance of overlay districts and thanked the City Council for their continued support.

Mayor Pro Tem Garcia echoed Council Member Cothran’s comments and expressed gratitude to staff for their support and contributions.

Council Member Roberts congratulated all employees who were recognized at the meeting.

Council Member Sandoval had no comments.

Mayor Warren commended Deputy City Managers Ray Ebert and Phil Burum for their professionalism and efforts in moderating sessions at t he recent City-County Conference. She congratulated all staff recognized during the meeting and thanked Mr. Freeman for his public comments and praise of City staff.

Mayor Warren also discussed the Fontana Days Parade, highlighting the importance of coordinating schedules between the Fontana Unified School District and the Exchange Club to ensure student participation. She expressed her gratitude to the Exchange Club for the honor 20

of serving as Grand Marshal of the parade and congratulated the Fontana High School JROTC for their accomplishments.

Additionally, Mayor Warren announced that the summer recreation brochure is now available and encouraged community members to register for upcoming classes and programs. She also noted that Thompson Square will be performing at Stage Red on May 15, and encouraged the public to attend and support local events.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 3: 04 p.m. to the Regular City Council Meeting on Tuesday, May 27, 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

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON MAY 27, 2025.

_______________________
Germaine Key
City Clerk

21 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0265 Agenda Date: 5/27/2025
Agenda #: B. Category: Consent Calendar
FROM:

Planning
SUBJECT:

Adoption of Ordinance No. 1969 on Second Reading, Establishing Entertainment Center Overlay District and other Zoning and Development Code Amendments.

RECOMMENDATION:

Adopt Ordinance No. 1969 on Second Reading, approving Master Case No. 25-0011 and Municipal Code Amendment No. 25-001 to establish a new entertainment center overlay district with three (3) Entertainment Center planning areas with land use restrictions and requirements; revisions to the land use tables in Form Based Code (FBC) Downtown Gateway, Sierra Gateway, Route 66 Gateway and Valley Gateway) and Commercial Zoning Districts for parcels that have frontage along Foothill Boulevard between Ilex Street to Maple Avenue and Along Sierra Avenue from I-10 to Randall Avenue, revise the permit requirements for farmers markets from minor use permit to temporary use permit; revise the nonconforming provisions to allow for expansions for up to 50 percent along with an extension of a discontinued nonconforming use up to twenty-four months for repairs, remodels, and expansions; and include a requirement for the installation of Route 66 signage for certain properties along Foothill Boulevard for projects that undergoing a Design Review or an Administrative Site Plan, pursuant to the certified General Plan Environmental Impact Report (State Clearinghouse (SCH) No. 2016021099) and Public Resources Code Section 21083.3. ..End
COUCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Promote economic development by establishing a quick, consistent development process. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.

DISCUSSION:

Ordinance No. 1969 was introduced by a vote of 4-1 at the May 13, 2025, Regular City Council Meeting.

FISCAL IMPACT:

The amendments are intended to encourage and facilitate entertainment and retail uses and increase related business revenues and sales taxes.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/22/2025Page 1 of 1
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22 ATTACHMENT NO. 1

ORDINANCE NO. 1969

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, APPROVING, PURSUANT TO THE CERTIFIED

GENERAL PLAN ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE (SCH) NO. 2016021099) AND PUBLIC RESOURCES CODE SECTION 21083.3, AN AMENDMENT TO MULTIPL E SECTIONS OF CHAPTER 30 OF THE FONTANA MUNICIPAL CODE TO ESTABLISH

AN ENTERTAINMENT CENTER OVERLAY DISTRICT WITH SPECIFIC

LAND USES AND REQUIREMENTS AT THE INTERSECTIONS OF

VALLEY BOULEVARD AND SIERRA AVENUE, FOOTHILL

BOULEVARD AND SIERRA AVENUE, AND FOOT HILL BOULEVARD

AND CHERRY AVENUE, OTHER AMENDMENTS INCLUDE LAND USES

CHANGES AND REVISIONS TO THE REQUIREMENTS IN THE FORM

BASED CODE (FBC) AND COMMERCIAL ZONING DISTRICTS FOR

PARCELS THAT HAVE FRONTAGE ALONG FOOTHILL BOULEVARD

BETWEEN IIEX STREET TO MAPLE AVENUE AND ALONG SIERRA
AVENUE FROM I-10 TO RANDALL AVENUE TO: TO ALLOW CERTAIN ENTERTAINMENT, RECRE ATIONAL, AND RETAIL USES; AMEND

ALCOHOL BEVERAGE SAL ES REGULATIONS FOR R ESTAURANTS

TO OBTAIN ON SITE AL COHOL BEVERAGE SALES LICENSES
WITHOUT DISCRETIONARY APPROVAL; PROHIBIT CERTAIN LIG HT INDUSTRAIL USES; ADD ITIONAL AMENDMENTS I N THE FORM

BASED CODE (FBC) (SI ERRA GATEWAY AND VAL LEY GATEWAY

DISTRICTS) THAT PROHIBITS AUTO AND LIGHT INDUS TRIAL
RELATED USES; OTHER AMENDMENTS TO CHAPTER 30 INCLUDES

REVISING THE PERMIT REQUIREMENTS F OR FARMERS MARKETS
FROM MINOR USE PERMI T TO TEMPORARY USE P ERMIT; REVISE

THE NONCONFORMING PROVISIONS TO ALLOW FOR EXPANSIONS
FOR UP TO 50 PERCENT ALONG WITH A PROVISION THAT ALLOWS

FOR AN EXTENSION OF A DISC ONTINUED NONCONFORMING USE

UP TO TWENTY -FOUR MO NTHS FOR REPAIRS, RE MODELS, AND
EXPANSIONS; AND INCL UDE A REQUIREMENT FO R THE
INSTALLATION OF ROUT E 66 SIGNAGE ALONG CERTAIN

PROPERTIES ON FOOTHILL BOULEVARD FOR PROJECTS THAT

ARE SUBJECT TO A DESIGN REVIEW OR AN ADMINISTRATIVE SITE PLAN
WHEREAS, in 2018, the City adopted the current General Plan aimed at fostering a high quality of life and revitaliz ing the Sierra Avenue Corridor into a vibrant center for entertainment, restaurant, arts, and culture; and

WHEREAS, in 2023, the City amended Chapter 30 of the Fontana Municipal Code (“Code”) (“the Zoning and Development Code”) to account for the Downtown Core Project under the SB2 Grant, with a focus on entertainment and restaurant uses along S ierra 23 Ordinance No. 1969

ATTACHMENT NO. 1

Avenue between Foothill Avenue and Randall Avenue by incorporating a performance and event venue —Stage Red, a pedestrian plaza and several entertainment nighttime uses; and

WHEREAS, on July 25, 2023, the City Council of the City of Fontana (“City Council”) adopted Ordinance No. 1922, a 45-day urgency ordinance, in accordance with Government Code Section 65858, placing a moratorium on the approval of any building permit, occupancy permit, conditional use permit, variance, subdivision map, design review, administrative site plan review or other land use entitlements, permits or regulatory license or permit required to comply with the provisions of the Code or any specific plan for serviced based, non-entertainment use (“Moratorium”); and

WHEREAS, on September 5, 2023, through Ordinance No. 1924, the City Council extended the Moratorium for an additional 10 months and 15-days; and

WHEREAS, on July 23, 2024, through Ordinance No. 1957, the City Council extended the Moratorium a final time for an additional one year; and

WHEREAS, in 2024, the City retained the services of Kosmont Companies to perform an economic marketing analysis of the Foothill Boulevard and Sierra Avenue Corridors, which are primary arterials that connect the City’s downtown to surrounding communities and three major Interstate Highways; and

WHEREAS, accordingly on November 12, 2024, staff conducted a joint workshop with the City Council and the City of Fontana Planning Commission (“Planning Commission”) to present a proposal fo r an entertainment center overlay at key intersections along Valley Boulevard and Sierra Avenue , Sierra Avenue and Foothill Boulevard, and Foothill Boulevard and Cherry Avenue; along with other modifications to the Zoning and Development Code; and

WHEREAS, following the workshop, City Council directed staff to proceed with amending the Code to create regulations for an entertainment overlay district and other code changes; and

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

WHEREAS, staff desires to restate without substantive revision, amend and recodify certain ordinances codified in the Code through Municipal Code Amendment (“MCA”) No. 25-001 to amend:

 Section 30-87 of the Zoning and Development Code to require Administrative Site Plan review for the installation of public art.

 Sections 30-351, 30-353, and 30 -357 of the Zoning and Development Code to revise the nonconforming provisions to allow for expansions for up to 50 percent 24 Ordinance No. 1969

ATTACHMENT NO. 1

along with an extension of a discontinued nonconforming use up to twenty -four months for repairs, remodels, and expansions.

 Section 30 -256 of the Zoning and Development Cod e to revise the permit requirements for farmers markets from Minor Use Permit to Temporary Use Permit.

 Section 30-359 of the Zoning and Development Code of the Form Based Code to prohibit auto and light industrial uses, permit entertainment and recreational uses, and permit restaurants on-site alcohol beverage sales licenses.

 Section 30-360 of the Zoning and Development Code to remove subsection (d).

 Section 30-489 of the Zoning and Development Code to prohibit light industrial uses and allow specific entertainment and recreational uses for parcels with frontage along Foothill Boulevard between IIex Street to Maple Avenue.

 Section 30-492 C of the Zoning and Development Code to modify Table No. 30 - 492.C, adjusting the regulations for Alcohol Beverage Sales to allow on -site alcohol beverage sales licenses for restaurants by right on parcels with frontage along Foothill Boulevard between IIex Street and Maple Avenue.

 Sections 30-663.4 to 30-663.11 of the Zoning and Development Code to establish an entertainment center overlay district at the intersections of Valley Boulevard and Sierra Avenue, Foothill Boulevard and Sierra Avenue, and Foothill Boulevard and Cherry Avenue, including land uses and requirements.

 Section 30 -727 (4) of the Zoning and Development Code to require Route 66 signage for new development projects.

WHEREAS, all of the notices required by statue or the Fontana City Code have been given as required; and

WHEREAS, State law requires that zoning regulations are 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. 25-001 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 25 Ordinance No. 1969

ATTACHMENT NO. 1

WHEREAS, the amendments in MCA No. 25-001 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. 25-001 are attached here to as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of property; and
WHEREAS, the amendments in MCA No. 25-001 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, on April 15, 2025, the Planning Commission held a public meeting on MCA No. 25 -001 where it received evidence and public testimony on the Code amendments, found that the amendments were consistent with the Fontana General Plan, recommended that the City Council adopt the amendments and recommended that the City Council determine that the proposed amendments in the Ordinance are consistent with the Fontana General Plan and certified General Plan Environment al Impact Report (EIR) (State Clearinghouse No. 2016021099) and so qualifies for an exemption from CEQA, specifically Public Resources Code 21083.3 and CEQA Guidelines Section 15183, as the proposed amendments will have no new or more severe significant en vironmental effects “peculiar to” the Ordinance than discussed in the certified EIR and will have no significant off-site and cumulative impacts not discussed in that EIR as long as all applicable mitigation measures in the certified EIR will be undertaken; and; and
WHEREAS, on May 13, 2025, the City Council held a public hearing on MCA No. 25-001 where it received evidence and public testimony pertaining to the Zoning and Development Code amendments and documentation from the Planning Commission’s public hearing on April 15, 2025; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 25-001 that was presented at its public hearing on May 13, 2025; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

26 Ordinance No. 1969

ATTACHMENT NO. 1

Section 2. CEQA. The City Council hereby determines that these amendments in the Ordinance are consistent with the Fontana General Plan and certified General Plan Environmental Impact Report (EIR) (Stat e Clearinghouse No. 2016021099) and so qualifies for an exemption from CEQA specifically Public Resources Code 20183.3 and CEQA Guidelines Section 15183, as the proposed amendments will have no new or more severe significant environmental effect “peculiar to” the Ordinance than discussed in the certified EIR and will have no significant off-site and cumulative impacts not discussed in that EIR as long as all applicable mitigation measures in the certified EIR will be undertaken.

Section 3. Municipal Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 25-001 in 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 vi ewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The Municipal Code Amendments will create an entertainment center overlay district that aligns with the General Pl an goal of creating regional hubs for dining, shopping and entertainment purposes to attract local and regional visitors that would drive economic growth 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. 25-001, which is attached hereto as Exhibit “A”.

Section 5. Applications Deemed Complete prior to Ordinance Effective Date. This Ordinance does not apply to development applications deemed complete by the City of Fontana Planning Department prior to this Ordinance’s effective date. Any such completed pre -adoption applications not conforming to these amendments after this Ordinance’s effective date, once app roved by the appropriate approving body, shall be granted legal non -conforming status, with all applications deemed complete on or after this Ordinance’s adoption being subject to its provisions.

Section 6. 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.

27 Ordinance No. 1969

ATTACHMENT NO. 1

Section 7. 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 8. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

Section 9. 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.

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 adopted by the City Council and was introduced at a regular meeting on the 13th day of May, 2025, and was finally passed and adopted not less than five days thereafter on the 27th 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
28 Ordinance No. 1969

ATTACHMENT NO. 1

“EXHIBIT A”

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

29 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Sec. 30-87. Projects subject to administrative site plan, minor.

All applications for administrative site plan, minor review are required for commercial, industrial, and institutional projects which may or may not involve the issuance of a building permit for construction or reconstruction of a structure which meets the following criteria:
(1) New construction of parking lots less than 5,000 square feet, expansion, or significant reconstruction of parking lots.
(2) Structural additions less than 1,000 square feet that meet all the requirements of the Municipal Code, including parking. All modifications shall be architecturally compatible with the existing building.
(3) Accessory structures totaling less than 1,000 square feet (i.e. shade structures, trash enclosures, generators, and additional mechanical equipment). All structures must be screened from the public-right-of-way and adjacent properties. Accessory structures attached to the building shall match the existing building.
(4) Façade changes to an existing and previously approved entitlement, with no major structural changes.
(5) Solar carports at previously developed sites that comply with open parking standards. (6) One accessory structures less than 200 square feet that are not visible from the right-of-way, do not take up any required parking or landscaping, and do not require fire sprinklers, may be approved through the plan check process.
(7) When permitted, the establishment and/or construction of an outdoor storage area not exceeding ten percent on the same site as, and in conjunction with, an existing business. (8) New installation and replacement of public art.

Sec. 30-256. Types of temporary use applications and conditions.

A temporary use permit shall be required for the following activities and shall be subject to conditions established herein and any other additional conditions as may be prescribed by the Director of Community Development Planning. All such uses shall be subject to the sign regulations within Chapter 3 and zoning regulations within Chapter 30 of the Municipal Code. (1) Outdoor display of merchandise/parking lot and private sidewalk sales for businesses located within a commercially designated property are limited to six display periods per calendar year.

Industrial designated parcels used for wholesale/retail are permitted up to a total of six such outdoor displays per parcel per calendar year. The display periods may run consecutively or be distributed throughout the year. Each display period shall be a continuous period of days not to exceed seven days in length. The temporary use permit shall be subject to the following conditions:
a. The display of merchandise outside of a building shall be permitted only during the hours of operation of the store. All goods and merchandise shall be placed inside of the building following the close of the day's business, except as otherwise approved in writing by the Director of Community Development Planning.
30 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

b. No merchandise or goods shall be placed upon or permitted to project into any street, public sidewalk, or public right-of-way, nor restrict or interfere with handicapped parking or access to the commercial establishment(s) on site. The temporary use permit may allow the temporary occupation of on-site private sidewalks, parking stalls and drive aisles, however adequate drive aisles and on-site circulation shall be maintained at all times for safe and functional ingress and egress, handicapped access to handicapped parking spaces, and emergency equipment access.

Tent sale area shall be physically delineated between pedestrian access and vehicular access ways.
c. Tents, canopies, awnings, covers or other temporary covering devices may be approved by the Director of Community Development Planning on a case-by-case basis only in conjunction with the outdoor display of merchandise/parking lot or private sidewalk sales. If a tent, canopy, awning, or other temporary covering device is approved, prior to its use or installation the applicant shall obtain a permit for said device from the Building Official and/or Fire Marshal.

Said device shall be constructed and installed to comply with all safety requirements. d. This section shall not be construed to permit the permanent or temporary storage of goods or equipment when otherwise prohibited by other provisions in this chapter. (2) Outdoor art and craft shows and exhibits subject to not more than 15 days of operation or exhibition in any 90-day period.
(3) Seasonal retail sale of agricultural products limited to periods of 90 days in a calendar year and when parking and access is provided to the satisfaction of the Director of Community Development Planning.
• A minimum of ten on-site parking spaces shall be provided with provisions for controlled ingress and egress to the satisfaction of the Director of Community Development Planning. (4) Religious, patriotic, historic, or other similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than 15 days of display in any 90-day period for each exhibit. (5) Christmas Trees or pumpkin and fireworks, and seasonal sales lots subject to the following guidelines and conditions:
a. All such uses shall be limited to 30 days of operation per calendar year. b. All lighting shall be directed away from and shielded from adjacent residential areas. c. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Director of Community Development Planning. (6) Circuses, carnivals, rodeos, pony riding, special event tents, or similar traveling amusement enterprises are subject to the following guidelines and conditions:
a. All such uses shall be limited to not more than 15 days, or more than three weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a conditional use permit as prescribed in Division 12 of this article herein. b. All such activities shall have a minimum setback of 100 feet from any residential area. This may be waived by the Director of Community Development Planning if no adverse impacts result. c. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Director of Community Development Planning. 31 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

d. Restrooms shall be provided onsite.
e. Security personnel may be required. The Police Department shall determine the level and type of security required.
f. Special, designated parking accommodating for amusement enterprise workers and support vehicles shall be provided.
g. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the Director of Community Development Planning.
h. The applicant shall be required to submit plans for approval of tents and site plan by the Building Official and/or Fire Marshal 90 days prior to the special event being held. The tent must meet all Uniform Building Codes and applicable City codes. i. Approval from the Police Department (PD) is required; moreover, finger printing through PD may be necessary.
(7) Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions:
a. The sales office may be located in a garage, trailer, or dwelling. b. Approval shall be for a two-year period, at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the Director of Community Development Planning in one-year increments up to a maximum of four years or until 90 percent of the development is sold; whichever is less. c. A cash deposit shall be submitted to the City of Fontana, in an amount to be set by Council resolution, to ensure the restoration of removal of the structure. d. The sales office is to be used only for transactions involving the sale, rent, or lease of lots and/or structures within the tract in which the sales office is located, contiguous tracts, or a planned community. Notwithstanding the above, the Director of Community Development Planning may consider off-site model home sales offices subject to the granting of a minor use permit per Division 13 of this article herein. Where a legal, previously approved minor use permit exists, the minor use permit may be revised to incorporate other recorded tracts as needed. e. Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of structure.
f. Street improvements and temporary parking at a rate of two spaces per model shall be completed to the satisfaction of the City Engineer and Director of Community Development Planning prior to commencement of sales activities or the display of model homes. The parking spaces shall be located within an off-street facility, except on-street parking may be permitted subject to the following conditions:

1. The sales office, models, and on-street parking spaces shall be located at the end of a cul- de-sac street and coordinated with construction phasing such that there are no resident homeowners living in homes located adjacent to the gated, secured area of the street.

2. The parking stalls shall be adequately striped and shall conform to City standards. 32 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

3. Parking shall be permitted only within and on the project site. Parking along adjacent or perimeter streets (public or private) shall not be used to satisfy the model home sale parking requirement.

4. Temporary landscaping, including minimum 48-inch box trees, shall be provided within the on-street parking area.
g. All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right-of-way, except where approved by the Director of Community Development Planning and City Engineer for security.
h. Use of signs shall require submission of a sign permit application for review and approval by the Director of Community DevelopmentPlanning.
(8) Trailer coaches or mobile homes on active construction sites for use as a construction office or temporary living quarters for security personnel. The following restrictions shall apply:
a. The Director of Community Development Planning may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one year extension may be granted, provided that the building permit for the first permanent dwelling or structure on the same site has also been extended.
b. Installation of trailer coaches may occur only after a valid building permit has been issued by the Community Development Department.
c. Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of 650 square feet in size.
d. The trailer coach must have a valid California vehicle license and shall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the State of California. A recreational vehicle being defined as a motor home, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section. e. The temporary trailer coach installation must meet all requirements and regulations of the County Department of Environmental Health Services and the Community Development Department.
f. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted. (9) Tent, canopies, awnings and easy-ups associated with any retail sales event are prohibited unless engineering plans signed by a certified engineer demonstrate the tent, canopy, awning or easy-up meets all Building and Safety Division requirements.
(10) Temporary storage containers for seasonal sales may be approved from October 31, until January 31 and not to exceed 90 days. Approval of a site plan exhibit shall be approved demonstrating adequate parking is provided.
(11) Other uses and activities that may be needed on a temporary basis or similar to subsections (1) through (10) above as deemed appropriate by the Director of Community Development. 33 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

(11) Farmers Market. A farmers' market may be conducted on private property or in the public right-of- way when allowed in the Formed Based Code Land Use Districts, provided it carried on in accordance with the following limitations, and provided an approved temporary use permit is granted:
a. The operation of the farmers market shall be conducted by a for-profit or nonprofit organization or by a local governmental agency.
b. An established set of operating rules addressing the governance structure of the market, hours of operation, and days of the week, maintenance, and security requirements shall be permitted and approved under the minor use permit application and site plan. c. A temporary use permit, a master site plan, as well as the signed set of conditions of approval, shall be posted in a conspicuous place at the market site. d. The organization responsible for governing or operating the farmers market shall obtain a business license and shall post the business license in a conspicuous place at the site. e. At least 51 percent of the vendors displaying inventory of the products sold in each farmers market are selling fresh fruits and vegetables.
f. Fifteen percent or fewer vendors are non-food vendors (i.e. handmade crafts, art exhibits, informational booths, etc.)
g. All market signage shall be submitted and approved under the temporary use permit. h. The organization governing or operating the farmers market shall provide access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets. i. Operation of the farmers market shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the market site.
j. The sale of, or consumption of, alcohol beverages on the market site is prohibited. k. The sale of second-hand merchandise is prohibited.
l. Portable shelters (e.g.: EZ Up Shelters) with an area no larger than ten feet by ten feet are allowed in designated market areas. Any shelter larger than ten feet by ten feet must be approved under the temporary use permit application.
m. Animals, other than law enforcement dogs and assistance animals for the disabled are not allowed on the market site.
n. A commercial cannabis business shall not be permitted pursuant to this section. o. The Director of Planning shall have the authority to determine other market activities, in addition to those specifically listed in this article, which may be permitted, or conditionally permitted.
(12) Other uses and activities that may be needed on a temporary basis or similar to subsections (1) through (11) above as deemed appropriate by the Director of Planning.

34 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Sec. 30-351. Regulations.

In order to carry out the purpose and intent of this section, the following regulations shall apply:
(1) Repairs, alterations, maintenance, additions, extensions, enlargements and moving. The following provisions apply to nonconforming uses:
a. Nonconforming use.

1. No nonconforming use or site shall be enlarged or intensified unless the Planning Commission approves such request through the conditional use permit process.

2. No nonconforming use shall be enlarged or increased to occupy a greater area of land than that occupied by such use on the effective date except as outlined in the appropriate division of this article herein; and

3. No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel of land other than that occupied by such nonconforming use on the effective date.
b. Nonconforming structure. Except as otherwise provided in this chapter, no nonconforming structure shall be moved, altered, or enlarged unless required by law, or, unless the moving, alteration, or enlargement will result in the elimination of the nonconforming aspect of the structure or as outlined in the appropriate division of this article herein.
(2) Restoration of damaged structures. When an existing nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity and the cost of such reconstruction, repaving or rebuilding is less than 75 percent of the replacement value of the structure immediately prior to this damage, as determined by the Building Official, the structure may be restored and the occupancy or use may be continued.

Such reconstruction shall be started within a period of one year from date of damage and diligently pursued to completion. In the event such damage exceeds 75 percent of the replacement value of such building at the time of such calamity, no repairs or reconstruction shall be made unless every portion of such building and its use is made to conform to all regulations of this chapter for the zone in which it is located. (3) Discontinuation and abandonment. Whenever a nonconforming use has been abandoned (e.g., expiration of business license), discontinued or changed to a conforming use for a continuous period of six months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located. Discontinuation shall include termination of a use regardless of intent to resume the use. This shall not include time periods required for repairs, remodels, or expansions permitted in this Section, Section 30-352 or Section 30-353 for a period not to exceed twenty-four months.
(4) Change of use. The nonconforming use of a building or structure may not be changed except to a conforming use. Where such change is made for a continuous period of six months as provided for in subsection (6) above, the use shall not thereafter be changed back to a nonconforming use. However, the Planning Commission may grant a conditional use permit to allow one nonconforming use to be changed to another nonconforming use of the same or more restricted character if the Commission, after a public hearing, determines that because 35 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

of the existing conditions in the area and on the property involved, such a change is warranted.
(5) Displacement. No nonconforming use shall be altered, extended or restored so as to displace any conforming use.
(6) Violations. Nothing in this section shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect or any amendment thereto.
(7) Change of zones. The provisions of this section shall also apply to any nonconforming use or nonconforming structures in zones here after changed to a more restrictive use, or to zones hereafter established in areas not previously covered by the zoning map. (8) Conformance with intent and purpose. No nonconforming use or structure shall be enlarged, extended, increased, changed, modified or in any way continued or maintained in such a way as to abrogate the purpose and intent of these regulations as set forth in this section. (9) Residential structures. A residential structure(s) which is nonconforming because of height or area regulations shall not be added to or enlarged in any manner unless such addition or enlargement conforms to all the regulations of the district in which it is located.

Sec. 30-353. Special exemption to permit incremental improvements to nonconforming buildings, structures, and sites with administrative site plan approval. (a) Notwithstanding any other provisions of Division 10 of this article herein to the contrary, with an Administrative Site Plan application, the Director of Planning may permit the following limited improvements to be made to an existing nonconforming building, structure or site without the requirement that the building, structure and/or site be improved to current Development Code standards:
(1) Additions to existing commercial buildings shall not exceed fifty percent and/or additions to industrial buildings or structures shallthat do not exceed ten percent of the total square footage of the existing building or structure, provided said additions meet the fire protection requirements of Chapter 11 of the City Code;
(2) Paving, repaving or realignment of parking lots and areas, provided that the number of parking spaces is not reduced to less than currently existing and provided that all applicable drainage, storm water (NPDES), and similar requirements are met;
(3) Alteration of the exterior of an existing building or structure; (4) Installation of new landscaping or alteration of existing landscaping, provided that the amount of landscaping is not reduced to less than currently existing unless the Director of Planning further finds that other improvements approved under this section require a reduction in the landscaping. Any allowed reduction 36 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

in landscaping shall be the minimum required to permit the improvements to be constructed.
(b) Any person seeking a special exemption under this section shall submit a completed administrative site plan application to the Planning Department in a manner prescribed by the Director of Planning and shall pay any applicable fees. (c) Notwithstanding Division 10 of this article herein, the Director of Planning shall make the following findings before granting approval of the exemption and the administrative site plan application:
(1) All of the existing building(s), structures(s) and uses on the site are pre-existing and legal nonconforming, and are not illegal or unpermitted; (2) The improvement(s) subject to the exemption support(s) a pre-existing legal nonconforming building, structure and/or use already on the site; (3) The exemption will provide an incremental improvement to the building, structure or use on the site in furtherance of the requirements of Chapter 30 of this Code;
(4) The improvement(s) subject to the exemption will not, physically, legally, or otherwise, preclude the building(s), structure(s) or the site to come into compliance with current Development Code standards at a future date; (5) The granting the exemption will not substantially expand or intensify the existing or anticipated use of the building(s) and/or the site of expansions to outdoor nonconforming operations does not include parcel mergers and site expansions, with the exception of display areas which may expanded by fifty percent within the existing site;
(6) Granting the exemption will not be contrary to the goals of the City's general plan or any applicable specific plan; and
(7) Granting the exemption will not otherwise be deleterious to the public health, safety and welfare.;
(8) New and modified facades must be of high quality and be compatible with the architecture of the existing building and surrounding area; (9) If a new loading and repair bay area associated with automobile related uses is constructed, the loading area or repair bay may not face the right-of-way, or, if this is infeasible, must be screened from the right-of-way with three and a half foot low walls and/or landscaping; and
(10) If a residential structure is being expanded, then additional residential units shall not be constructed.
37 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
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(d) The Director of Planning is authorized to impose such Reasonable conditions upon an exemption in order to protect the health, safety and welfare of the surrounding area. (e) Except as expressly set forth herein, the benefits of this section shall not abrogate, extend, expand or otherwise alter the provisions of this Division 22 and shall not eliminate or extend pre-existing legal nonconforming rights, or create them where they do not otherwise exist.
(f) The benefits of this section shall apply only to complete applications, as provided for in subsection (b), which have been submitted to the Planning Department within a period of two years following the effective date of this section. Any exemptions requested after said two-year period must be sought pursuant to Section 30-85.

Sec. 30-357. Nonconforming regulations.

This section regulates nonconforming parcels, nonconforming structures, and nonconforming uses, including uses that are nonconforming as to required off-street parking. This section is intended to allow nonconforming lots, structures, uses, and off-street parking arrangements to continue to the extent consistent with the health, safety and public welfare purposes of the Form-Based Code districts, with the goal being to bring such nonconforming lots, structures, and uses into compliance with the overall vision.
(1) Nonconforming buildings, outdoor operations or structures. a. Buildings, outdoor operations or other structures that are nonconforming as to setback, height, or other Form-Based Code provisions may be repaired, replaced, or added to, only to the extent permitted by this section:

1. Subdivision. Lots which are nonconforming as to width may be adjusted or subdivided provided the resulting re-configuration brings the nonconforming lot into, or closer to, conformity with the requirements of this plan.

2. Additions. A legal-nonconforming building, outdoor operation area or other structure may be added to, provided that an addition of 50 percent or more of the existing floor area shall trigger compliance with all Form-Based Code district provisions for the portion of the building or structure comprising the addition.

The following requirement must be met:

i. Parking space requirements for the use or equivalent use (as determined by the Director) must be met, inclusive of both the existing floor space area and addition areas.

ii. The design and architecture of the structure must be high quality and utilize compatible architecture with that of the existing building and neighborhood.

38 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
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iv. Expansions of outdoor nonconforming operations is not permitted including parcel mergers and site expansions, with the exception of display areas which may expanded.
v. New loading and repair bay areas must be screened from the right-of-way by facing away from the right-of-way or with low walls and/or landscaping.

3. Restoration of building or other structure. If a legal-nonconforming building or structure is damaged or partially destroyed (75 percent or less) by fire, flood, wind, earthquake, or other calamity or act of God, structural alterations, or other repairs for purposes of reconstruction may be carried out so long as they are repaired or replaced to no more than their original size (i.e., no additional floor area shall be added).

4. Other repair. Repair of legal-nonconforming buildings or other structures, other than structural alterations and other repairs required for restoration of damaged or partially destroyed buildings, may be carried out provided that:
i. No structural alterations may be carried out unless those structural alterations are determined by the Building Official to be required for protection of the public health or safety; and
ii. No like-for-like reconstruction of nonconforming buildings or other structure may be carried out unless such reconstruction is determined by the Building Official to be required for protection of the public health or safety.
(2) Remodels, and other additions or alterations. Notwithstanding any provisions of the above- listed standards, in any instance where a person proposes to, or commences to, alter, expand, or add to an existing nonconforming building or structure and nonconforming portions of the nonconforming building or structure are demolished in the course of such alterations, expansions, or additions, all nonconforming portions of the building or structure so demolished shall be reconstructed in compliance with all requirements of the Form- Based Code districts. This requirement shall apply regardless of whether such demolition is determined by the Building Official to be necessary to comply with the applicable building article or required for the protection of the public health and safety. (3) Nonconforming uses. A nonconforming use, including any uses incidental thereto, may not continue, if ceased for a period longer than six months. This shall not include time periods required for repairs, remodels, or expansions permitted in this Section, but may not exceed twenty-four months.
(4) Nonconforming as to parking. All uses that are nonconforming as to the off-street parking requirements of this plan shall comply with the following:
a. Repair of buildings. Where the off-street parking provided for a use does not meet the requirements of this plan, repair of any building on the site occupied by that use 39 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

may be carried out, provided that, no structural alterations may be carried out unless the Building Official determines those structural alterations to be necessary for the protection of the public health and safety, all off-street parking requirements of this plan must be met by any and all uses occupying, or otherwise using, any buildings on the subject site.
b. Additions to building. Where the off-street parking provided for a use does not meet the requirements of the Form-Based Code districts, additions to buildings on the site occupied by that use may be carried out only if all requirements of the Form-Based Code districts are met by any and all uses occupying, or otherwise using, any buildings on the subject site.
c. Vacancy. In addition to the above provisions regarding discontinuance of nonconforming uses and change of a nonconforming use to a conforming use, where any non-residential use does not meet the off-street parking requirements of this plan, and the building which the non-residential use occupied becomes and remains vacant for an uninterrupted period of six months, the building may not be reoccupied, nor may any new land use be initiated anywhere on the site, unless all requirements of the Form-Based Code districts are met, except for repairs, modifications and expansions that are allowed in this section,. (5) Abatement of nonconforming uses. Where no buildings are occupied or otherwise used, except for repairs, modifications and expansions that are allowed in this section, in connection with a nonconforming use, that use shall be terminated within six months from the date it became nonconforming, provided that for any use that becomes nonconforming as a result of a zone change, the specified two-year period of time for the termination of the nonconforming use shall be computed from the effect date of the zone change.

Sec. 30-359. Uses permitted.

This section of the Form-Based Code establishes the permitted land uses in each district and the corresponding permit requirements. A parcel or building subject to the Form-Based Code shall be occupied with only the land uses allowed by Table 30-300.A—Land Uses. Definitions of allowed land uses are provided in Section 30-632 List of definitions. (1) Section 30-405—Overall Form-Based Code district map illustrates the overall land use plan for the Form-Based Code areas.
(2) If a land use is not defined in this section, the Director of Community Development Planning may determine that the use is not permitted, or determine the appropriate definition and determine the proposed use to be permitted provided the Director of Community Development Planning approves a Director's determination and makes the following findings in writing:
a. The land use will not impair the orderly implementation of the City of Fontana General Plan. b. The land use is consistent with the purpose of the applicable zoning district. c. The characteristics and activities associated with the proposed land use are similar to one or more of the listed land uses in Table 30-359.A—Land Uses and will not produce greater impacts than the land uses listed for the zoning district. 40 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
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d. The land use will be compatible with the other land uses allowed in the zoning district. e. The land use is not listed as allowed in another zoning district. (3) A "P" indicates a use is permitted by right subject to design review by the Planning Commission or administrative site plan review by the Director of Community Development Planning.
(4) An "M" indicates the use requires the granting of a minor use permit (MUP). (5) A "C" indicates the use requires the granting of a conditional use permit (CUP). (6) A "—" means the use is not permitted in that zoning district. Any use that is not listed is not permitted.
(7) Uses marked with an asterisk "*" indicate that the use is not permitted on the ground floor except on Sierra Avenue.
(8) Uses marked with an S superscript "S " indicate that the use is subject to special use regulations in (reference specific use regulations) Section 30-360. (9) Uses marked with a DT superscript "DT " indicate that the requirement pertains to parcels within the downtown boundary.

41 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Table 30-359.A.—Land Uses
Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Administrative/Professional
Architectural, design, and engineering services P P P — — P P P P P Attorney/legal services — P P — — P P P P P
Banks/financial institutions, credit unions and
remote ATMs (stand-alone facilities—without
drive-thru)
— P P — — P P P P P
Banks/financial institutions, credit unions and
remote ATMs (with drive-thru)
— — M — — M P P P P
Brokerage firms and financial institutions — P P — — P P P P M Exhibit halls and galleries with 15% or less
retail sales area
— P P — — P P P P P
General administrative offices — P P — — P P P P P Government offices P P P — — P P P P P
Insurance and accounting offices — P P — — P P P P P Massage/acupressure as primary use — — M — — MDT
C

C C C M
Massage as ancillary use to primary permitted
use—less than 40% of gross floor area of
business
— M M — — M M M M M
Real estate, escrow & property management
offices
— P P — — P P P P P
42 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Recording/film studios — M M — — M M M M P
Animal Services
Feed, tackle supplies for large animals — — — — — — — — — — Pet boarding and kennels — M M — — M M M M —
Pet grooming — P P — — P P P P P
Veterinarian clinic and hospitals (with
incidental boarding)
— — — — — — P P P P
Pet sales and supplies (without outdoor
storage)
— — P — — P P P P P
Alcohol Beverage Sales
Alcohol sales for off-site consumption, with or
without tasting room
M M M — — M C C C M
On-site sales in connection w/restaurant/food
hall (Bona fide Public Eating Place as defined by
the Department of Alcohol Beverage Control)
M M M P — — M CP C P C P M
On – site sales in connection
w/restaurant/food hall (Bona fide Public Eating
Place as defined by the Department of Alcohol
Beverage Control) and café with entertainment
and/or dancing
— M M — — — — M — M — M —
On-site sales with entertainment and/or
dancing
— — C — — — C C C —
Manufacturing, including winery or micro-
brewery with tasting room and no restaurant
M M M — — M C C C M
43 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Micro-breweries in connection with restaurant
(Brew Pub) (Bona fide Public Eating Place as
defined by the Department of Alcohol
Beverage Control)
M M M — — M C C C M
Micro-breweries without tasting room — — — — — — — — C — Educational/Instructional/Day Care Uses
Adult day care — — M — — M C C C M
Children tutorial classes — — M — — M M M M M Colleges—public and private M M M — — M C C C C Schools—elementary, middle, secondary, high,
private

M M M MDT
C
MDT
C

M C C C C
Studio—Art, Dance, Martial Arts, Music
(School) with greater than 1,500 sq. ft. GFA
P M M P — — P M P M P M P M
Studio—Art, Dance, Martial Arts, Music
(School)with less than 1,500 sq. ft. GFA
P P P — — M M P M P M P M
Licensed nurseries, pre-schools and day care
facilities for children
— M M — — M M M M M
Adult vocational classes, trade schools,
computer training
— — M — — MDT
C

M C C C
Traffic and automobile driving schools — — — — — —DT C

C C C C
Food/Restaurants/Eating Establishments
Bakery—primarily retail sales P P P — — P P P P P 44 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Banquet Hall as ancillary use to primary
permitted use
M M M — — — C C C C
Catering services as primary use—may include
on-site dining facilities
— — — — — MDT
P
P P P —
Ice cream, juice, tea and candy shops P P P — — P P P P P Restaurant/coffee shop with drive thru — — — — — — M S
M M —
Restaurant/coffee shop/food hall without drive
thru facilities or alcohol sales
P P P — — P P P P P
Outdoor dining in public right-of-way PS PS PS — — PS-DT — — — — General Merchandise/Retail Trade
Antiques retail sales (excludes pawn shop) — P P — — P P P P P Consumer electronics, computer and phone
equipment retail sales
— P P — — P P P P P
Art gallery with retail sales (If retail sales area is
less than 15%, see exhibit hall and gallery
under Administrative/Professional)
— P P — — P P P P P
Art supplies, framing — P P — — P P P P P
Beauty supplies — P P — — P P P P P
Books and magazines — P P — — P P P P P
Camera and photographic supplies — P P — — P P P P P Clothing/shoe stores — P P — — P P P P P
45 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Cigar/cigarette/smoke shops/electronic
cigarettes as a primary use
— — — — — — C C C —
Consignment clothing sales — P P — — P P P P P Farmer's Market MS MS MS — — — — — — —
Convenience stores — — — — — — P P P P
Floor covering (carpet, tile, and similar) — — — — — — P P P — Florists — P P — — P P P P P
Food/drug store (less than 5,000 square feet
GFA)
— P P — — P P P P P
Food/drug store (greater than 5,000 square
feet GFA)
— — — — — — M M M —
Fabric stores (less than 5,000 square feet GFA) — P P — — P P P P P Firearms, ammunition, related products,
assembly—retail sales
— — C — — — — — — —
Furniture, office and home furnishings — — P — — P P P P P Garden supply with outdoor display of plants — — — — — P P — — — General merchandise, specialty, gift, craft
items, candles, house wares, and variety (non-
discount) stores
— P P — — P P P P P
Hardware/home improvement stores — P P — — P P P P P Health, herbal, botanical stores — P P — — P P P P P Hobby, toy and game — — P — — P P P P P
Hookah lounge/smoking room — — — — — C C C C C 46 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
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Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Indoor swap meets/concession malls — — — — — — — — — — Interior decorating, linen, and bath stores — P P — — P P P P P Jewelry sales and repair (excludes pawn shop) — P P — — P P P P P Leather goods and equipment — P P —- — P P P P P Musical instruments — P P — — P P P P P
Office supplies/stationery/cards — P P — — P P P P P Pharmacies (without drive-thru) — P P — — P P P P P Pharmacies (with drive-thru) — — — — — — P P P — Sporting goods and equipment (no gun sales) — P P — — P P P P P Thrift stores/second-hand store — — — — — — M M M — Lodging Places
Bed and Breakfast — — — MS — MS-DT
—
— — — —
Hotels and motels M M M — — M M M M —
Medical/Health Services
Acute care (urgent care) — — M — — — — P — P — C — C Ambulance services — — — — — — — — — —
Hospitals — — — — — — — — — —
Medical/dental/counseling/psychology/hearing
aids/acupuncture/homeopathy/physical
therapy/sports therapy
— P P — — P P P P P
47 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
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Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Optometry sales — P P — — P P P P P
Motor Vehicle Services
Auto body and painting (primary use) — — — — — — — — — — Auto broker offices (without required on-site
storage of vehicles)
— — — — — — P P P
Auto broker offices (with required on-site
storage of vehicles)
— — — — — — P — P P — —
Auto car washes — — — — — — M — M M — —
Auto and motorcycle sales—new and used — — — — — — MS — MS MS— — Auto rental agencies with parking for vehicle
rentals
— — — — — — M — M M — —
Auto/motorcycle repair—general, including
quick lube, smog check, transmission service
— — — — — — CS — CS CS — —
Auto upholstery — — — — — — — — — —
Auto car alarm and stereo installation (within
an enclosed building only)
— — — — — — C — C C — —
Commercial parking facilities and garages P P P — — PDT —
— — — —
Gas/service station — — — — — — C — C C — —
Gas station with mini mart, car wash and/or
restaurant
— — — — — — C — C C — —
Truck, trailer and equipment rentals — — — — — — — — — — Personal Services
48 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
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Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Barber, hair/nail/skincare/tanning salon and
day spa
— P P — — P P P P P
Body art (tattooing, body piercing, and/or
permanent cosmetics)
— — P — — P P P P P
Check cashing/deferred deposit or payday
advance uses with or without ancillary services
— — — — — — — — — —
Cemeteries, crematory, mortuary and
mausoleums
— — — — — — — — — —
Dry cleaners/laundry—non-commercial — — P — — P P P P P Fortunetelling — P P — — — P — P —
Funeral parlors — — — — — — — — — —
Locksmith/key shops — P P — — P P P P —
Pawnshops/cash for gold and diamonds (as
primary use)
— — — — — — — — — —
Photocopying and photo developing (retail) — P P — — P P P P P Photography studios — P P — — P P P P P
Postal services/mail box rentals — — P — — P P P P P Shoe repair — P P — — P P P P P
Tailor and alterations — P P — — P P P P P
Public Facilities/Utilities
Public park P P P P P P P P P P
Public maintenance yard and other non-office
uses
P M M — — M M M M M
49 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Public utility structures M M M M M M M M M M Recreation/
Entertainment

Cyber cCafé (Cyber, animal, gaming) — — — P — — — — P — P — P — Billiards and pool halls — — —C — — — —C —C —C —
Escape rooms P P P — — P P P P P
Game and video arcades — M M P — — MDT
C

C P C P C P M
Golf course and driving ranges — — — P — — — — P C P C P — Health and fitness clubs P M M P — — M M P M P M P M Indoor—amusement/recreation/sports fields
and courts/skating/batting cages/roller hockey
facilities (not within a public park)
— M MP — — M C P C P C P M
Nightclub — — C — — — C C C —
Outdoor amusement/recreation/sports fields
and courts/skating/batting cages/roller hockey
facilities (not within a public park)
— M M P — — M M P M P M P M
Public assembly/auditoriums/meeting
halls/religious facilities

MS MS MS CS CS MS-DT
CS

CS CS CS MS
Theatres (live stage and movie) and concert
halls
M M M P — — MDT
C

C P C P C P M
Repair Services
Antique restoration — — — — — — M — M — M — —
50 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Equipment and appliance repair — — — — — — M — M — M — — Furniture refinishing — — — — — — M — M — M — —
Furniture upholstery — — — — — — M — M — M — —
Residential Uses
Accessory structures P P P P P P P P P P
Assisted living facilities — M M C C C
MDT

C C C C
Accessory dwelling units P P P P P P P P P P
Junior accessory dwelling units — — — P — P — — — P Parolee home — — — — — — — — — —
Residential care facility (6 or fewer persons) — P P P P P P P P P Residential care facility (7 or more persons) — M M M M M M M M M Multiple-family development — P P — P P P P P P Residential within mixed-use development
having a commercial component (may include
senior, affordable, market rate, etc.)
— P P — — P P P P P
Senior housing — M M M M M M M M M
Live/work (as a part of a mixed-use
development or stand-alone)
— MS MS — — MS MS MS MS —
Detached, single-family dwellings — — — P — P — — — P Student housing/dormitory/group quarters — M M — MDT C
MDT
C
C C C —
51 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Station
Area
Downtown
Gateway
Neighborhood Multi-Family Transitional Sierra
Gateway
Route 66
Gateway
Valley
Gateway
Village
Small family childcare (1 to 6 children) — P P P P P P P P P Large family childcare (7 to 14 children) — — — M M — — — — M Service/Non-Profit Organizations
Civic buildings/uses P P P P P P P P P P
Offices for philanthropic, charitable, civic and
service organizations
— P P — — P P P P P
Temporary political campaign offices and
headquarters
P P P — — P P P P P
Miscellaneous
Industrial uses — — — — — — — — — —
Adult-oriented uses — — — — — — — — — —
P=Permitted; M=Minor Use Permit; C=Conditional Use Permit; "—"=Not Permitted; "*"=Not permitted on the ground floor, except on Sierra Avenue; " S "=Special use regulations; "DT "=Pertaining to parcels within the Downtown boundary

Table 30-359.B.—Land Uses
Civic Core Sierra Core Gateway Core Mixed-Use Core Multi-Family Core Neighborhood Core Administrative/Professional
Architectural, design, and engineering services P P P P — — Attorney/legal services P P P P — —
Banks/financial institutions, credit unions and
remote ATMs (stand-alone facilities—without
drive-thru)
P P P P — —
Banks/financial institutions, credit unions and
remote ATMs (with drive-thru)
— — M M — —
52 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Core Sierra Core Gateway Core Mixed-Use Core Multi-Family Core Neighborhood Core Brokerage firms and financial institutions P P P P — — Exhibit halls and galleries with 15% or less
retail sales area
P P P P — —
General administrative offices P P P P — —
Government offices P P P P — —
Insurance and accounting offices P P P P — —
Massage/acupressure as primary use — — — C — —
Massage as ancillary use to primary permitted
use—less than 40% of gross floor area of
business
M M M M — —
Real estate, escrow & property management
offices
P P P P — —
Recording/film studios M M M M — —
Animal Services
Feed, tackle supplies for large animals — — — — — — Pet boarding and kennels — — — C — —
Pet grooming — — — P — —
Veterinarian clinic and hospitals (with
incidental boarding)
— — — C — —
Pet sales and supplies (without outdoor
storage)
— — P P — —
Alcohol Beverage Sales
Alcohol sales exclusively for off-site
consumption
— — M M — —
Bar, Lounge, or Nightclub (with or without live
entertainment)
— M M M — —
On-site sales in connection w/restaurant (Bona
fide Public Eating Place as defined by the
Department of Alcohol Beverage Control)(
M M M M — —
Restaurant (Bona fide Public Eating Place as
defined by the Department of Alcohol
Beverage Control) and café with entertainment
and/or dancing
M M M — — —
53 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Core Sierra Core Gateway Core Mixed-Use Core Multi-Family Core Neighborhood Core Manufacturing, including winery or micro-
brewery with tasting room and no restaurant
M M M M — —
Micro-breweries in connection with restaurant
(Brew Pub)
M M M M — —
Micro-breweries without tasting room — — — — — —
Educational/Instructional/Day Care Uses
Adult day care — — — M — —
Children tutorial classes — — — M — —
Colleges—public and private M — M M — —
Schools—elementary, middle, secondary, high,
private
— — — M M M
Studio—Art, Dance, Martial Arts, Music
(School) with greater than 1,500 sq. ft. GFA
— — P P — —
Studio—Art, Dance, Martial Arts, Music
(School) with less than 1,500 sq. ft. GFA
— — P M — —
Licensed nurseries, pre-schools and day care
facilities for children
— — — M — —
Adult vocational classes, trade schools,
computer training
M — M M — —
Traffic and automobile driving schools — — — — — — Food/Restaurants/Eating Establishments
Bakery—primarily retail sales P P P P — —
Banquet Hall as ancillary use to primary
permitted use
M — M — — —
Catering services as primary use—may include
on-site dining facilities
M M M M — —
Ice cream, juice, tea and candy shops P P P P — — Restaurant/coffee shop with drive thru — — — — — — Restaurant/coffee shop without drive thru
facilities or alcohol sales
P P P P — —
Outdoor dining in public right-of-way PS PS PS PS — — General Merchandise/Retail Trade
Antiques retail sales (excludes pawn shop) M M M M — — 54 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Core Sierra Core Gateway Core Mixed-Use Core Multi-Family Core Neighborhood Core Consumer electronics, computer and phone
equipment retail sales
P P P P — —
Art gallery with retail sales (If retail sales area is
less than 15%, see exhibit hall and gallery
under Administrative/Professional)
P P P P — —
Art supplies, framing P P P P — —
Beauty supplies P P P P — —
Books and magazines P P P P — —
Camera and photographic supplies P P P P — —
Clothing/shoe stores P P P P — —
Cigarette/smoke shops/electronic cigarettes as
a primary use
— — — — — —
Cigar sales only P P P P — —
Cigar lounge/hookah lounge/smoking room C C C C — — Consignment clothing sales C C C C — —
Farmer's Market MS MS MS — — —
Convenience stores — — C C — —
Floor covering (carpet, tile, and similar) — — P P — — Florists P P P P — —
Food/drug store — — P P — —
Fabric stores — — P P — —
Firearms, ammunition, related products,
assembly—retail sales
— — — — — —
Furniture, office and home furnishings — — P P — — Garden supply with outdoor display of plants — — P P — — General merchandise, specialty, gift, craft
items, candles, house wares, and variety (non-
discount) stores
P P P P — —
Hardware/home improvement stores — — P P — —
Health, herbal, botanical stores P P P P — —
Hobby, toy and game P P P P — —
Indoor swap meets/concession malls — — — — — —
Interior decorating, linen, and bath stores — — P P — — Jewelry sales and repair (excludes pawn shop) P P P P — — 55 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Core Sierra Core Gateway Core Mixed-Use Core Multi-Family Core Neighborhood Core Leather goods and equipment P P P P — —
Musical instruments P P P P — —
Office supplies/stationery/cards P P P P — —
Sporting goods and equipment (no gun sales) M M M M — — Thrift stores/second-hand store — — — P — —
Lodging Places
Bed and Breakfast M M M MS — MS
Hotels M M M M — —
Motels — — — — — —
Medical/Health Services
Acute care/walk-in medical services (urgent
care)
— — — P — —
Ambulance services — — — — — —
Hospitals — — — — — —
Medical/dental/counseling/psychology/hearing
aids/acupuncture/homeopathy/physical
therapy/sports therapy
M — M P — —
Optometry sales P P P P — —
Motor Vehicle Services
Auto body and painting (primary use) — — — — — —
Auto broker offices — — — — — —
Auto car washes — — — — — —
Auto and motorcycle sales—new and used — — — — — — Auto rental agencies with parking for vehicle
rentals
— — — — — —
Auto/motorcycle repair—general, including
quick lube, smog check, transmission service
— — — — — —
Auto upholstery — — — — — —
Auto car alarm and stereo installation (within
an enclosed building only)
— — — — — —
Commercial parking facilities and garages P P P P — — Gas/service station — — C C — —
Gas station with mini mart, car wash and/or
restaurant
— — C C — —
56 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Core Sierra Core Gateway Core Mixed-Use Core Multi-Family Core Neighborhood Core Truck, trailer and equipment rentals — — — — — —
Personal Services
Barber, hair/nail/skincare/tanning salon and
day spa
M M M P — —
Body art (tattooing, body piercing, and/or
permanent cosmetics)
C C C P — —
Check cashing/deferred deposit or payday
advance uses with or without ancillary services
— — — — — —
Cemeteries, crematory, mortuary and
mausoleums
— — — — — —
Dry cleaners/laundry—non-commercial — — — P — —
Fortunetelling — — — M — —
Funeral parlors — — — — — —
Locksmith/key shops — — — P — —
Pawnshops/cash for gold and diamonds (as
primary use)
— — — — — —
Photography studios — — — P — —
Postal services/mail box rentals — — — P — —
Shoe repair — — — P — —
Tailor and alterations — — — P — —
Public Facilities/Utilities
Public park P P P P P P
Public maintenance yard and other non-office
uses
P — M M — —
Public utility structures M M M M M M
Recreation/Entertainment
Billiards and pool halls M M M — — —
Escape rooms P P P P — —
Game and video arcades M M M M — —
Golf course and driving ranges — — — — — —
Health and fitness clubs — — M M — —
Indoor—amusement/recreation/sports fields
and courts/skating/batting cages/roller hockey
facilities (not within a public park)
M M M M — —
57 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Core Sierra Core Gateway Core Mixed-Use Core Multi-Family Core Neighborhood Core Outdoor amusement/recreation/sports fields
and courts/skating/batting cages/roller hockey
facilities (not within a public park)
— — M M — —
Public assembly/auditoriums/meeting
halls/religious facilities

CS CS MS MS CS CS
Theatres (live stage and movie) and concert
halls
M M M M — —
Repair Services

Antique restoration — — — — — —
Equipment and appliance repair — — — — — —
Furniture refinishing — — — — — —
Furniture upholstery — — — — — —
Residential Uses

Accessory structures P P P P P P
Assisted living facilities — — M M C C
Parolee home — — — — — —
Residential care facility (6 or fewer persons) — — — — — — Residential care facility (7 or more persons) — — — — — P Multiple-family development — — — — P PS
Residential within mixed-use development
having a commercial component (may include
senior, affordable, market rate, etc.)
P P P P — —
Senior housing M M M M M M
Live/work as a part of a mixed-use
development or stand-alone)
PS PS PS PS — —
Detached, single-family dwellings — — — P — P
Student housing/dormitory/group quarters — — M M M — Small family childcare (1 to 6 children) — — P P P P Large family childcare (7 to 14 children") — — — — M P Service/Non-Profit Organizations

Civic buildings/uses P P P P P P
Offices for philanthropic, charitable, civic and
service organizations
P P P P — —
58 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Civic Core Sierra Core Gateway Core Mixed-Use Core Multi-Family Core Neighborhood Core Temporary political campaign offices and
headquarters
P P P P — —
Miscellaneous

Industrial uses — — — — — —
Adult-oriented uses — — — — — —
P=Permitted; M = Minor Use Permit;
C=Conditional Use Permit; "—"=Not Permitted;
"S"=Special use regulations

59 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Sec. 30-360. Special use regulations.
(a) Bed and breakfast.
(1) Operator. Bed and breakfast inns shall be operated by the property owner/manager living on the site. (2) Number of rooms. Bed and breakfast inns shall be limited to a maximum of six guest rooms for lodging, plus accommodations for the property manager/owner.
(3) Food service. Food may only be served to registered overnight guests. Guest room cooking facilities are prohibited.
(4) Rental period. Guest rooms shall not be rented for a period of less than 18 hours nor for a period not to exceed 72 hours.
(b) Live/work.
(1) The commercial component of live/work units are intended for use by the following occupations:

Accountants
Architects
Artists and artisans
Attorneys
Computer software professionals
Consultants
Engineers
Fashion, graphic, interior designers
Hair stylists
Home-based office workers
Insurance and real estate agents
One-on-one instructors photographers
The Director of Community Development Planning may authorize other similar uses/occupations. (2) A live/work unit shall not be established or used in conjunction with any of the following activities:
a. Adult-oriented business, head shops, massage, or similar uses b. Entertainment, drinking, and public eating establishments c. Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale
d. Businesses that involves the use of prescription drugs or recreational drugs e. Trade or private schools (this excludes private instruction of up to two students at any one time, such as music lessons and tutoring)
f. Vehicle maintenance or repair (e.g. body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.) g. Storage of flammable liquids or hazardous material beyond that normally associated with a residential use
h. Welding, machining, or any open flame work
60 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

i. Any other activity or use, as determined by the Director of Community Development Planning to not be compatible with residential activities and/or to have the possibility of affecti ng the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.
(3) Occupancy requirement. The residential space within a live/work unit shall be occupied by at least one individual employee in the business conducted within the live/work unit. No portion of the unit shall be sold or rented separately.
(4) Design standards:
a. Residential areas are permitted above the commercial component, to the side or behind the business component, provided that there is internal access between the residential and commercial space. b. The commercial component shall be restricted to the unit and shall not be conducted in the open space, garage, or any accessory structure.
c. Floor area requirements. The floor area of the work space shall be between 25 and 50 percent of the total floor area. All floor area other than that reserved for living space shall be reserved and regularly used for working space.
d. Separation and access. Each live/work unit shall be separated from other live/work units or other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.
e. Parking. Each live/work unit shall be provided with at least two off-street parking spaces. For areas outside of the downtown area plan, at least one of the two off-street parking spaces shall be accessible to the public. The Director of Community Development Planning may modify this requirement for the use of existing structures with limited parking. (5) Operating requirements:
a. Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.
b. On-premises sales. On-premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit.

These provisions shall allow occasional open studio programs and gallery shows. c. Nonresident employees. Up to one person who does not reside in the live/work unit may work in the unit at any time.
d. Client and customer visits. Client and customer visits to live/work units are allowed. (6) Changes in use. After approval and construction, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through a separate minor use permit. (c) Outdoor dining in the public right-of-way. The purpose of the regulations and standards in this section are to allow increased business and pedestrian traffic, encourage appropriate outdoor dining opportunities within public rights-of-way and to ensure that the space used for outdoor dining within the public right-of-way will service a public purpose. This section does not apply to outdoor dining on private property. (1) Location permitted. Outdoor dining areas within the public right-of-way are permitted on all commercially utilized properties, provided all development standards are met. (2) Permits required. It shall be unlawful for any business to use the public sidewalk and/or public right -of- way for outdoor dining without first obtaining a valid minor use permit and encroachment permit. 61 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

(3) Establishment of an outdoor dining area shall require site plan review and permit issuance. Any person or business wishing to operate an outdoor dining area shall apply for a permit by submitting the following to the City:
a. The site plan for the proposed outdoor dining are shall include the following:

1. Chairs, tables, umbrellas, planters, signs and any other fixtures and furnishings to be included in the outdoor dining operation.

2. The applicants primary eating establishment or food court and the pr oposed circulation to and from the outdoor dining area, as well as pedestrian circulation at the perimeter of the outdoor dining area.

3. The public sidewalk or public right-of-way to be occupied with dimensions of the entire sidewalk or right-of-way and the clearance proposed for pedestrian access.

4. Names of and main entrances to the businesses immediately adjacent to the applicant's eating establishment.
b. Specifications and photographs of all proposed chairs, tables, umbrellas, signs, railings rail ing connections to the public sidewalk or right-of-way and the adjacent building, or other furnishing. (4) Design standards for outdoor dining area:
a. The outdoor dining area shall be designed to facilitate sit-down dining activity through the utilization of chairs and tables. It shall also be compact and shall be clearly delineated to promote a visual relationship between the dining area and the surrounding pedestrian areas. b. Outdoor dining is permitted only where the sidewalk is wide enough to adequ ately accommodate both the usually pedestrian traffic in the area and the operation of the proposed activity. A clear, continuous pedestrian path not less than four feet in width shall be required for unimpeded pedestrian circulation outside of the outdoor dining area. The minimum width of said pedestrian path may be increased by the City Engineer in areas requiring public utility access. Pedestrian path means a continuous, obstruction-free sidewalk area between the outside boundary of the dining area and any obstruction including, but not limited to, parking meters, street trees, landscaping, streetlights, bus benches, public art, and curb lines.
c. No outdoor dining area shall be located to block access either to or from a building. A minimum unobstructed clearance which extends two feet to either side of both door jambs shall be maintained.
d. Where an outdoor dining area is located on a corner, the outdoor dining area shall not be permitted within three feet of the corner of the building, along both frontages. Where an outdoor dining area is located adjacent to a driveway or an alley, the outdoor dining area shall not be permitted within five feet of the driveway or alley. These requirements may be modified at the discretion of the City Engineer or Director of Community Development Planning in locations where the sidewalk adjacent to the proposed outdoor dining area is wider than usual, where the perimeter of the building has an unusual configuration, or where public safety is at risk. e. The floor of the outdoor dining area shall be at the same level as the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk shall be permitted, unless expressly approved by the City Engineer.
f. The permittee shall not expand its outdoor dining area onto the sidewalk frontage of an adjacent business.
g. An outdoor dining area may be located directly adjacent to another outdoor dining area. No separation between outdoor dining areas shall apply.
h. In no case shall an outdoor dining area be located directly to parking, unless separated by a landscape barrier at least four feet deep and three feet high.
62 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

i. The design and appearance of all proposed improvements or furniture, including, but not limited to, tables, chairs, benches, umbrellas, and planters, to be placed in the sidewalk dining area shall present a coordinated and concerted theme and shall be compatible with the appearance and design of the principal building.
j. A perimeter barrier shall be provided for the outdoor dining area. However, no barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of tables an d chairs abutting the wall of the establishment and if no alcohol will be served outside. k. All barriers shall complement the building façade as well as any street furniture and shall be between 24 inches and 36 inches in height.
l. Barriers shall be removable. Barriers need not be removed each evening or night, but shall be capable of being removed, if needed, using recessed sleeves and posts, or by wheels that can be locked into place.
m. Barriers shall be able to withstand inclement weather and 100 pounds of horizontal force at the top of the barriers when in their fixed positions.
n. Objects placed on the sidewalk shall not interfere with or obstruct line-of-sight and shall maintain a clear sight triangle.
o. Any umbrellas, heater, or similar feature used in an outdoor dining area shall be safely secured. All heaters shall be in compliance with applicable fire code. p. Outdoor lighting fixtures shall complement the style of the site. Lighting fixtures shall not create glare to pedestrians on the adjacent right-of-way and shall illuminate only the outdoor dining area.

Outdoor lighting may be installed on the façade of the building or in the dining area in front of the façade.
q. Signage advertising alcohol products on umbrellas shall be prohibited. (5) Parking. Space used for outdoor dining in the public right -of-way shall not be added to the gross square footage of the food service establishment when calculating parking requirements. (6) Standards of operation:
a. The management of the eating establishment shall be responsible for operating the outdoor dining area and shall not delegate or assign the responsibility. b. Hours of operation for the outdoor dining areas are to coincide with those of the associated indoor restaurant. When the establishment ceases serving food for the day, further seating in the outdoor dining area shall be prohibited and the outdoor dining area shall close when the patrons already seated in it leave.
c. The operator shall not permit the following outside of the building: food preparation, utensils, glasses, napkins, and condiments on unoccupied tables, busing service stations, or trash and garbage storage. All exterior surfaces within the outdoor dining area shall be easily cleaned and shall be kept clean at all times by the permittee.
d. The permittee shall maintain the outdoor dining area and the adjoining street, curb, gutter, and sidewalk in a neat, clean, and orderly condition at all times. This shall include all tables, chairs, benches, displays, or other appurtenances placed in the public right-of-way. Provisions shall be made for trash receptacles to service the sidewalk dining area. The operator shall remove the debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street. e. Awnings and umbrellas shall be kept clean and in good condition at all times. Umbrellas shall not advertise alcohol products.
f. Musical instruments or sound reproduction systems are permitted in outdoor dining areas but shall be maintained at sufficiently low volumes so as not to adversely affect the neighboring businesses, residents, or users of the public right-of-way beyond the outdoor dining area, or in violation of the City of Fontana Noise Ordinance.
g. Fixtures and equipment approved by the City pursuant to an outdoor dining area permit may remain in and on the sidewalk during such time that an outdoor dining permit is in effect. 63 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

h. Upon revocation or termination of an outdoor dining permit, all fixtures and equipment shall immediately be removed from the sidewalk, and the sidewalk returned to its original condition. i. No bar serving alcohol shall be allowed in the outside dining area. (7) Special closures. The City of Fontana shall have the right and power, acting through the Cit y Manager or his/her designee, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk or right -of-way area. Such problems or conflicts may arise from, but are not limited, festivals, parades, marches and similar events, repairs and widening of the streets or sidewalks, or emergencies occurring in the area. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the outdoor dining area or the outdoor dining area shall be prohibited by the City. (d) Farmers Market. A farmers’ market may be conducted on private property or in the public right -of-way, provided it carried on in accordance with the following limitations, and provided an approved minor use permit is granted:
(1) The operation of the farmers market shall be conducted by a for-profit or nonprofit organization or by a local governmental agency.
(2) An established set of operating rules addressing the governance structure of the market, hours of operation, and days of the week, maintenance, and security requirements shall be permitted and approved under the minor use permit application and site plan. (3) A minor use permit, a master site plan, as well as the signed set of conditions of approval, shall be posted in a conspicuous place at the market site.
(4) The organization responsible for governing or operating the farmers market shall obtain a business license and shall post the business license in a conspicuous place at the site. (5) At least 51 percent of the vendors displaying inventory of the products sold in each farmers market are selling fresh fruits and vegetables.
(6) Fifteen percent or fewer vendors are non-food vendors (i.e. handmade crafts, art exhibits, informational booths, etc.)
(7) All market signage shall be submitted and approved under the minor use permit. (8) The organization governing or operating the farmers market shall provide access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets. (9) Operation of the farmers market shall not obstruct the safe flow of vehicular or pe destrian traffic on or around the market site.
(10) The sale of, or consumption of, alcohol beverages on the market site is prohibited. (11) The sale of second-hand merchandise is prohibited. (12) Portable shelters (e.g.: EZ Up Shelters) with an area no larger than ten feet by ten feet are allowed in designated market areas. Any shelter larger than ten feet by ten feet must be approved under the minor use permit application.
(13) Animals, other than law enforcement dogs and assistance animals for the di sabled are not allowed on the market site.
(14) A commercial cannabis business shall not be permitted pursuant to this section. (15) The Director of Community Development shall have the authority to determine other market activities, in addition to those specifically listed in this article, which may be permitted, or conditionally permitted, in his or her judgment supported by specific written findings. 64 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

(ed) Public assembly/auditoriums/meeting halls/religious facilities. (1) When this use is proposed within an existing developed property such as a retail shopping center and the parking standards cannot be met, a parking impact study shall be performed. It shall include the following information:
a. Existing and proposed site plan
b. Transit, cycling and walking environment
c. Current parking inventory
d. Current land uses
e. Existing traffic conditions
f. Description of proposed land use including square footage g. Calculation of required parking for proposed project based on current standards h. Document availability of on street and shared parking opportunities i. Calculation of peak parking demand based on proposed project land use j. Document recommended parking to be provided (based on analysis with and without shared parking and other demand reduction factors)
k. Provide maps to summarize and illustrate
(2) The completed parking impact study shall be submitted to the planning division for review. City staff will assess the study recommendations based on a standard alternative compliance app lication review process. This process includes the following criteria:
a. Review criteria. To approve an exception to the standard, the Director of Community Development Planning must first find that the proposed project accomplishes the general purposes of the applicable section(s) of the land use code. In reviewing the request for an exception to the standard parking ratio and in order to determine whether such request is consistent with the purposes of this subsection, as required above, the decision maker shall consider the following:

1. The anticipated number of employees or residents occupying the building

2. The number and frequency of expected customers or clients

3. The availability of nearby on-street parking (if any)

4. The availability of shared parking with abutting, adjacent or surrounding land uses (if any)

5. The provision of purchased or leased parking spaces in a municipal or private parking lot meeting the requirements of the city

6. Travel demand management programs (if any)

7. Any other factors that may be unique to the applicant's development request. (3) The Director of Community Development Planning shall not approve an exception to the parking standard unless it:
a. Does not detract from continuity, connectivity and convenient proximity for pedestrians between or among existing or future uses in the vicinity
b. Minimizes the visual and aesthetic impact along the public street of the proposed increased parking by placing parking lots to the rear or along the side of buildings, to the maximum extent feasible c. Minimizes the visual and aesthetic impact of such additional parking on the surrounding neighborhood
d. Creates no physical impact on any facilities serving alternative modes of transportation e. Creates no detrimental impact on natural areas or features f. Maintains handicap parking ratios in compliance with current ADA requirements (fe) Vehicle sales and service.
65 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

(1) Outdoor display. No vehicles shall be displayed with their hoods open, except in the display building, which shall be an enclosed structure. Balloons, spinners, pennants, banners, and other wind -blown devices are prohibited.
(2) Orientation and screening, service bays. Service bay doors shall be located perpendicular to the street fronting the site and shall be screened from all other streets and adjacent residential development. (3) Outdoor intercoms. Outdoor amplification of sound shall not be audible beyond the property lines. (4) Orientation, main building. The structure shall be street-oriented, with pedestrian entrances from the street.
(gf) Schools.
(1) Drop off/pick up area. The project shall include designated area(s) for drop off and pick up of students to prevent off site cueing and traffic congestion.
(2) A proposed school shall not operate in a commercial complex. (hg) Restaurant/coffee shop with drive thru.
(1) The maximum front building setback of ten feet shall not apply when a drive -thru lane is placed adjacent to a street. The maximum ten-foot setback shall apply to the drive-thru lane instead of the building.
(2) All buildings that include a drive-thru use shall be required to provide an outdoor patio area with permanent shade, tables and seating. The minimum size of the pa tio area shall be 20 percent of the total building square footage.
(Ord. No. 1828, § 8(Exh. A), 5-12-20; Ord. No. 1846, § 2, 11-10-20; Ord. No. 1865, § 8(Att. 2), 3-23-21; Ord. No. 1899, § 6, 7-26-22)

Sec. 30-489. Uses permitted.
(a) Uses by zoning district. Table No. 30-489, lists the uses permitted in each of the commercial and mixed-use zoning districts. A "P" indicates a use is permitted by right subject to design review by the Planning Commission, administrative site plan review by the Director of Community Development Planning, or regulatory permit issued by the City, an "M" indicates the use requires the granting of a minor use permit approved by the Director of Community Development Planning, a "C" indicates the use requires the granting of a conditional use permit approved by the Planning Commission, and "—" means the use is not permitted in that zoning district. (b) Uses subject to specific requirements. Permitted uses marked with an asterisk "*" indicate that the use is subject to special use regulations in Chapter 33, Section 30-491 and Chapter 15 of the Municipal Code. Conditional uses are subject to the provisions in Section 30-492. (C) Uses marked with a superscript ** indicate that the requirement pertains to parcels with frontage along Foothill Boulevard between IIex Street to Maple Avenue

66 “EXHIBIT A”
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Table No. 30-489 Allowed Uses within Commercial Zoning Districts Use C-1 C-2 RMU
Retail Sales
Adult Businesses P* P* —
Antique Shop P P P
Automobile Sales Agency with or without Incidental Repair and Sales Display Area
— C C
Automobile Supply Store (no machine shop) P P P
Bakery Goods Store P P P
Bar, Cocktail Lounge C C C
Bicycle Shop P P P
Boat Sales with Incidental Repair and Sales Display Area — C C Book Store P P P
Building Materials, Retail Sale of (if contained within a completely enclosed building)
— P P
Building Materials with Outdoor Storage — —**/P* P*
Blueprinting Establishment — P P
Cannabis Retailer, Storefront (with City Permit) P* P* — Caterer P P P
Clothing Store P P P
Computer Store P P P
Convenience Store P P P
Cyber Cafes (Cyber, Animal, Gaming) P**/C P**/C C
Department Store — P P
Discount Store P P P
Drugstore P P P
Electrical Supply Store P P P
Feed Store C M —
Florist Shop P P P
Furniture Store P P P
67 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

Garden Furniture and Supplies Store P* P* P*
Glass or Mirror Store P P P
Grocery, Fruit, Vegetable, Meat, Fish, Poultry, or Delicatessen Store, P P C Hardware Store P* P* P*
Hobby Supplies Store P P P
Home Furnishing Store P P P
Household Appliance Store P P P
Ice Cream Store P P P
Ice Storage Locker (if not more than five-ton capacity) P P P Interior Decorating Shop P P P
Jewelry and Coin Store P P P
Liquor Store C C C
Micro-Brewery — C C
Newsstand P P P
Novelties Store P P P
Nursery, Plant (includes statuary sales) P* P* P*
Paint and Wallpaper Shop P P P
Pawn Shop — C C
Pet Boarding — M —
Pet Shop P P P
Plumbing Supply Store — P P
Radio, Television, and Small Electrical Appliance Shop (including repair when incidental to retail sales)

P P P
Restaurant, Café, Excluding Those Having Dancing and/or Floorshows. Alcohol Beverages are not Permitted.

P* P* P*
Restaurant and Café with Entertainment and/or Dancing. Alcohol Beverages Permitted. (See Section 30-492 For Alcohol Beverage Sales) C* C* C*
Restaurant, Café, Without Entertainment and/or Dancing. Alcohol Beverages Permitted. (See Section 30-492 For Alcohol Beverage Sales)

C C C
Restaurant, Drive-Thru and Take Out P* P* P*
Secondhand Store — P P
Shoe Store P P P
68 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

Smoke/Tobacco Shop and Vape Shop C C C
Sporting Goods Store P P P
Swap Meet (Indoor/outdoor) — — —
Tattoo Establishments P* P* P*
Trailer and Mobile Home Sales and Rental — P* C
Truck and Trailer Sales (Valley Boulevard only) — C — Wholesale Auto Sales (requires one stall) C C —
Warehousing Sales, Retail C P* P*
Warehousing Sales, Wholesale — C P*
Business and Professional Offices
Administrative and Professional Offices Involving no Retail Trade P P P Art Gallery P P P
Financial Institution P P P
Clinic, Medical or Dental, Acupuncture (Not Acute and Urgent Care) P P P Convention Centers — — P
Government Offices P P P
Medical Laboratory — P P
Optician P P P
Pharmacy P P P
Radio/Television Studio (with transmitter) — C C
Studio (without transmitter) P P P
Studios for Professional Work or Teaching of Any Form Of Fine Art P P P Service Establishments
Ambulance Service P P P
Animal Hospital M P C
Animal Hospital (w/ Boarding) — M —
Assembly/Meeting Hall For, Private Clubs, Religious Services, or Similar Uses C C C Automobile Fueling Station C C C
Automobile and Truck Rental, Two-Ton, Single Unit Maximum — C C Automobile/Vehicle Body and Fender Repair Shop — C C 69 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

Automobile/Vehicle Repair C C C
Automotive Custom Repair (includes lowering and lifting) C C C Automotive Stereo, Alarm and Upholstery Installation C M M Automobile Wash — M M
Barber Shop or Beauty Parlor P P P
Chemical substance abuse facility C C C
Cleaners P* P* P*
Clothing and Costume Rental Establishment P P P
Community Care Facility C C C
Community Center C C C
Construction Trailer (Temporary Use Permit) P* P* P* Convalescent Hospital M M C
Copying, Packing and Mailing Services P P P
Day Care—Commercial M M M
Day Care—Commercial (24-hour) — C C
Depot—Bus — P* P*
Depot—Railway, Park-and-Ride — P P
Dressmaker or Millinery Shop P P P
Equipment Rental —**/ — —**/P* P*
Fortune-Telling P P P
Hospitals, Acute, and Urgent Care —**/— —**/M M
Hotels — C C
Laundromat, Self Service P P P
Locksmith P P P
Machine Shop —**/— —**/C C
Masseur or Masseuse, Day Spa, Acupressure — C C
Self-Storage Facility — C C
Mortuaries — C C
Library P P P
70 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

Museums P P P
Motel — C C
Music and Vocal Instruction P P P
Nursing Home M M C
Parks P P P
Photographer P P P
Pick-Up Truck Rated Over One Ton (carrying weight), Commercial Truck or Van, or Trailer Rental
— C C
Picture Framing Store P P P
Post office M M M
Printer, Blueprint Shop — P P
Private Schools C C C
Public Utility Structures and Facilities M M M
Publishing Establishments — P P
Repair Shop for Household Appliances —**/P —**/P P
Schools Such as Business Colleges, Music Conservatories, Dancing Schools, and Other Schools That Offer Training In Non-Industrial Professions

P P P
Stenographic Services P P P
Swimming Pool, Commercial P P P
Sign Shop in Enclosed Structure — P P
Tailor P P P
Telephone Answering Service or Exchange P P P
Ticket Agency, Travel Bureau P P P
Tire Shop — C C
Truck Repair Service — — —
Truck Storage Yard — — —
Upholstery Shop —**/— —**/P P
Wedding Chapel P P P
Amusement Establishments
71 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

Amusement Enterprise for Children Including Pony Rides (No Stables), Merry - Go-Round, and The Like When Incidental To A Permitted Use

P P P
Amusement Park P**/— P**/C C
Arcades—Pinball, Video, and the Like P**/— P**/C C
Archery Range P**/— P**/C C
Baseball; Batting Range P**/— P**/C C
Bowling Alley P**/C P**/C C
Boxing Arena P**/— P**/C C
Banquet hall C**/— C C
Golf, Driving Range, Miniature, Pitch and Putt P**/— P**/C C Gymnasiums, Health Spas, or Physical Culture Establishments Under 4,000 Square Feet in Floor Area
P P P
Gymnasiums, Health Spas, or Physical Culture Establishments Over 4,000 Square Feet in Floor Area
P**/C P**/C C
Nightclub C**/— C C
Pool Hall, Billiard Center C C C
Skating Rink, Roller or Ice P**/C P**/C C
Smoking Lounge, Hookah Lounge, Vapor Lounge, E-Lounge (allowed only as a secondary use to a full-service restaurant)
C C C
Theater, Indoor P**/C P**/C C
Indoor Playground/Recreation P P P
Residential Uses
Senior Housing M M M
Multiple-Family Dwellings with an Area Plan C
Other Uses
Animal Kennel — C C
Animals, Small—Keeping and Raising P* P* P*
Antenna, Transmitting C C C
Cemetery and Related Uses — M C
Construction Trailer P* P* P*
Home Occupation P* P* P*
72 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

Homeless Shelters — — —
Emergency Shelter Subject to the activation of an Emergency Operation Center P P P Metal Storage Containers (temporary storage only with a temporary use permit) P* P* P* Museum and Art Galleries P**/— P**/M M
Parking Lots (not related to use on same property) — P P Parking Structures — P P
Research and Development — P P
Sec. 30-492. – Conditional use permit and minor use permit regulations.

All uses marked with a "C" or "M" in Table No. 30 -459, must comply with the conditional use permit or minor use permits procedural requirements outlined in Article II, Divisions 12 and 13 of this chapter. In addition, certain conditional uses must comply w ith the specific development and operational standards outlined below.

***
(7) Alcohol beverage sales. Any use that engages in on-site or off-site retail sales of alcohol beverages and that is required to operate under a State Alcohol Beverage Control (ABC) license shall be subject to the approval of conditional use permit or minor use permit. A conditional use permit or minor use permit shall be required for the following actions:

Table No. 30-492.C
Alcohol Beverage Sales
An application for a new ABC license C
Sit down restaurant (Bona fide Public Eating Place as Defined by the Department of Alcohol Beverage Control) for properties with frontage along Foothill Boulevard between IIex Street to Maple Avenue
P
All other areas C
Any change in the type of existing ABC license with existing CUP C Sit down restaurant (Bona fide Public Eating Place as Defined by the Department of Alcohol Beverage Control) for properties with frontage along Foothill Boulevard between IIex Street to Maple Avenue
P
All other areas C
Any increase of floor area in an ABC licensed establishment C Sit down restaurant (Bona fide Public Eating Place as Defined by the Department of Alcohol Beverage Control) for properties with frontage along Foothill Boulevard between IIex Street to P
73 “EXHIBIT A”
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Maple Avenue
All other areas C
Any change in operating conditions from what was originally imposed by the City or by ABC, including, but not limited to, any change of hours of operation or entertainment C
A request to establish live entertainment or dancing in an ABC licensed establi shment C Any ABC licensed establishment not previously possessing a conditional use permit when there is an ownership change
C
a. Location requirements.

1. In judging requests for alcohol beverage sales, of particular concern will be the physical relationship and proximity of the proposed use to that of similar uses on the same or surrounding sites; the compatibility of the proposed use with neighboring uses (i.e., schools, parks, religious institutions, hospitals and other similar uses), and that no adverse effect on public health, safety or welfare will be created.

2. A business where a new conditional use permit is requested, other than for a renewal or ownership transfer, for the sale of l iquor should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, and other similar uses.

3. The proposed use shall not be incompatible with the adjoining uses as it relates to noise, debris, traffic, storage, design and hours of operation, nor shall it create any adverse effect on public health, safety or welfare.

4. All light standards shall be located so that lighting does not directly shine into adjoining residential properties. Any light pole within the parking area shall have a concrete or similar support base constructed to withstand light vehicle collisions.

5. The establishment shall be operated in such a manner that sound emitted from the premises shall not be audible beyond the boundaries on which it is located. i. All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.
ii. Any such liquor sales use or similar use being established for the first time shall have no entrance or exit located within 100 feet of a residentially zoned or utilized property unless adequate sound attenuation measures have been undertaken or unless the entrance or exit is separated from the residentially zoned property by a public street.

b. Alcohol product sales requirements.

1. The licensee shall not sell single bottles of wine in less than 750 ml. containers. Specialty or dessert wines which are only packaged in 375 milliliter bottles shall be permitted.

2. No distilled spirits shall be sold in bottles or containers smaller than 375 ml.

3. The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited.

4. The licensed premise shall not sell individual units of beer or wine from the manufacturer’s multi-unit packages (three-packs, four-packs, six-packs, etc.).

c. In the event the Director of Community Development Planning has determined that a party holding a conditional use permit at a given location is in violation of the conditions of the permit the Planning Commission, through the public hearing process, shall have the authority to 74 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

terminate the conditional use until s uch time as the property has been brought into compliance and the applicant establishes that those conditions have been met.

*** The remaining portions of Section 30-492 shall remain unchanged

ARTICLE IX. OVERLAY DISTRICTS

***
DIVISION 11. ENTERTAINMENT CENTER OVERLAY DISTRICT
Sec. 30-663.4. Applicability.

The Entertainment Center Overlay District shall apply to all pr operties within the boundaries as depicted in the maps under Section 30-663.6 of this Division. The regulations established in this overlay district amend certain provisions of this Zoning and Development Code, as expressly set forth within this Division. Compliance with the Zoning and Development Code and the West End Specific Plan is required.

Where inconsistencies arise between the Zoning and Development Code and the West End Specific Plan, the regulations of this overlay district shall govern.

Sec. 30-663.5. Purpose and intent.
(a) The Entertainment Center Overlay District is intended to create entertainment destinations that attracts both residents and tourists, thereby enchanting the City’s economic vitality and cultural appeal. Targeting these Planning areas for commercial/entertainment development along with public art generates visits, foot traffic, economic activity and contribute to placemaking.

(b) The standards and requirements are intended to provide direction to developers within the overlay district to encourage themed entertainment areas to create a sense of place where patrons visit and gather. The requirement of this overlay establish es uses that are conducive to commercial/entertainment along with City of Fontana/Route 66 branding while maintaining flexibility for individual expression and imaginative design solutions.

Sec. 30-663.6 Entertainment center overlay district boundary.

The maps entitled Planning Areas 1-3 is adopted as a part of this overlay district (Figures 1-3) and defines the boundaries of the three (3) planning areas.

75 “EXHIBIT A”
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Figure 1:

76 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

Figure 2:

77 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

Figure 3:

78 “EXHIBIT A”
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Sec. 30-663.7. Permitted uses.
(1) Uses marked with an asterisk "*" indicate that the use is not permitted on the ground floor for building(s) that are developed with two or more floors. (2) Planning Area 1 Valley Boulevard and Sierra Avenue Areas. a. Principal Permitted uses.

1. Administrative & Professional Offices*

2. Alcohol Beverage Sales
a. On-Site Sales (with sit down restaurant - Bona fide Public Eating Place)

3. Antiques Retail Sales (excludes pawn shop and subleases)

4. Art Gallery

5. Bakery (with primary retail sales)

6. Cannabis (See Chapter 33)

7. Cigar Sales Only (excludes Smoke Shops)

8. Florist

9. Food Hall/Food Court

10. Hotels

11. Jewelry Sales and Repair (excludes Pawn Shops)

12. Medical Services:
a. Acupuncture*
b. Counseling or Psychology*
c. Dermatology*
d. Hearing Aids*
e. Homeopathy*
f. Medical/ or Dental* (Excludes Acute Care, Surgery Centers, Urgent Care, and Hospitals)
g. Optometry Sales*
h. Physical Therapy*
i. Sports Therapy*

13. Multi-Family/Mixed Use Development* (Only allowed if permitted by underlying zone)

14. Museums and Galleries

15. Personal Services:
a. Barber or Hair Salon*
b. Body Art (tattooing, body piercing, and/or permanent cosmetics)* 79 “EXHIBIT A”
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c. Day Spa
d. Med Spa*
e. Nail Salon*
f. Skin Care*

16. Pet Sales and Supplies (without Outdoor Storage)

17. Recreation and Entertainment
a. Batting Cages
b. Bowling
c. Billiards and Pool Halls
d. Commercial Recreation (i.e. Tennis, Go-Kart, Miniature Golf) e. Escape Rooms
f. Game Rooms and Amusement Arcades
g. Health and Fitness Clubs
h. Hobby Supply Stores
i. Roller Hockey Facilities
j. Skating

18. Restaurant without Drive Thru Facilities (including Cafes, Ice Cream Shop, Confectionary/Dessert Shop, and Similar)

19. Retail Sales/General Merchandise

20. Sporting Goods and Equipment (excludes Gun Sales)

21. Studio:
a. Art
b. Cooking Classes
c. Dance Classes
d. Martial Arts
e. Music School
f. Recording/Film*
g. Pilates, Yoga, Barre

22. Theatres (Live Stage and Movie) and Concert Halls

23. Other similar uses which the Director of Planning finds compatible with the permitted uses described herein, consistent with the purpose and intent of the planning area and not a of a type to affect adversely the use of adjoining properties. Application for determination of similar uses shall be submitted to the Planning Department for review and consideration.
80 “EXHIBIT A”
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b. Minor Use Permit uses.

1. Alcohol Beverage Sales
a. On-Site Sales: Bar, Lounge, or Nightclub (with or without Entertainment) b. Off-Site Sales (no Tasting Room) No Convenience Store c. On or Off-Site Sales (with Tasting Room) No Convenience Store d. Micro-Brewery with tasting room
e. Micro-Winery with tasting room
f. Micro-Distillery (Spirits) with tasting room

2. Café (Cyber, Animal, Gaming)

c. Conditionally Permitted uses.

1. Cigar Lounge/Hookah Lounge/Smoking Room

2. Massage/Acupressure*

3. Nightclub

4. Public Assembly/Auditoriums/Meeting Halls/Religious facilities

(3) Planning area 2— Foothill Boulevard and Sierra Avenue a. Principal Permitted uses.

1. Administrative & Professional Offices

2. Alcohol Beverage Sales
a. On-Site Sales (with sit down restaurant - Bona fide Public Eating Place)

3. Antiques Retail Sales (excludes Pawn Shop and subleases)

4. Art Gallery

5. Bakery (with primary retail sales)

6. Cannabis (See Chapter 33)

7. Cigar Sales only (excludes Smoke Shops)

8. Florist

9. Food Halls/Food Court

10. Hotels

11. Jewelry Sales and Repair (excludes Pawn Shops)

12. Medical Services:
a. Acupuncture
81 “EXHIBIT A”
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b. Counseling or Psychology
c. Dermatology
d. Hearing Aids
e. Homeopathy
f. Medical/ or Dental (Excludes Acute Care, Surgery Centers, Urgent Care, and Hospitals)
g. Optometry Sales
h. Physical Therapy
i. Sports Therapy

13. Multi-Family/Mixed Use Development* (Only allowed if permitted by underlying zone)

14. Museums and Galleries

15. Personal Services:
a. Barber or Hair Salon
b. Body Art (tattooing, body piercing, and/or permanent cosmetics)* c. Day Spa
d. Med Spa
e. Nail Salon
f. Skin Care

16. Pet Sales and Supplies (without outdoor storage)

17. Recreation and Entertainment
a. Batting Cage
b. Bowling
c. Billiards and Pool Halls
d. Commercial Recreation (i.e. Tennis, Go-Kart, Miniature Golf) e. Escape Rooms
f. Game Rooms and Amusement Arcades
g. Health and Fitness Clubs
h. Hobby Supply Stores
i. Roller Hockey Facilities
j. Skating

18. Restaurant without Drive Thru Facilities (including Cafes, Ice Cream Shop, Confectionary/Dessert Shop, and similar)

19. Retail Sales/General Merchandise
82 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

20. Sporting Goods and Equipment (excludes Gun Sales)

21. Studio:
a. Art
b. Cooking Classes
c. Dance Classes
d. Martial Arts
e. Music School
f. Recording/Film
g. Pilates, Yoga, Barre

22. Theatres (Live Stage and Movie) and Concert Halls

23. Other similar uses which the Director of Planning finds compatible with the permitted uses described herein, consistent with the purpose and intent of the planning area and not a of a type to affect adversely the use of adjoining properties. Application for determination of similar uses shall be submitted to the Planning Department for review and consideration.
b. Minor Use Permit uses.

1. Alcohol Beverage Sales
a. On – Site Sales: Bar, Lounge, or Nightclub (with or without Entertainment) b. Off-Site Sales (no Tasting Room) No Convenience Store c. On or Off-Site Sales (with Tasting Room) No Convenience Store d. Micro-Brewery with tasting room
e. Micro-Winery with tasting room
f. Micro-Distillery (Spirits) with tasting room

2. Café (Cyber, Animal, Gaming)
c. Conditionally Permitted uses.

1. Cigar Lounge/Hookah Lounge/Smoking Room

2. Massage/Acupressure

3. Nightclub

4. Public Assembly/Auditoriums/Meeting Halls/Religious Facilities

(4) Planning area 3 — Foothill Boulevard and Cherry Avenue a. Principal Permitted uses.

1. Administrative & Professional Offices

2. Alcohol Beverage Sales
83 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

a. On-Site Sales (with sit down restaurant - Bona fide Public Eating Place)

3. Antiques Retail Sales (excludes Pawn Shop and subleases)

4. Art Gallery

5. Bakery (with primary retail sales)

6. Cannabis (See Chapter 33)

7. Cigar Sales Only (excludes smoke shops)

8. Florist

9. Food Hall/Food Court

10. Hotels

11. Jewelry Sales and Repair (excludes Pawn Shops)

12. Medical Services:
a. Acupuncture
b. Counseling or Psychology
c. Dermatology
d. Hearing Aids
e. Homeopathy
f. Medical/ or Dental (Excludes Acute Care, Surgery Centers, Urgent Care, and Hospitals)
g. Optometry Sales
h. Physical Therapy
i. Sports Therapy

13. Multi-Family /Mixed Use Development * (Only permitted if allowed by underlying zone)

14. Museums and Galleries

15. Personal Services:
a. Barber or Hair Salon
b. Body Art (tattooing, body piercing, and/or permanent cosmetics) c. Med Spa
d. Nail Salon
e. Skin care
f. Day Spa

16. Pet Sales and Supplies (without Outdoor Storage)

17. Recreation and entertainment
84 “EXHIBIT A”
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(Additions shown in underline, deletions shown in strikeout):

a. Bowling
b. Batting Cages
c. Billiards and Pool Halls
d. Commercial Recreation (i.e. Tennis, Go-Kart, Miniature Golf) e. Escape Rooms
f. Game Rooms and Amusement Arcades
g. Health and Fitness Clubs
h. Hobby Supply Stores
i. Other Indoor or Outdoor Amusement (i.e., Go-Kart, Miniature Golf) j. Roller Hockey Facilities
k. Skating

18. Restaurant without Drive Thru Facilities (including Cafes, Ice Cream Shop, Confectionary/Dessert shop, and similar)

19. Retail Sales/General Merchandise

20. Sporting Goods and Equipment (excludes Gun Sales)

21. Studio
a. Art
b. Cooking Classes
c. Dance Classes
d. Martial Arts
e. Music School
f. Recording/Film
g. Pilates, Yoga, Barre

22. Theatres (Live Stage and Movie) and Concert Halls

23. Other similar uses which the Director of Planning finds compatible with the permitted uses described herein, consistent with the purpose and intent of the planning area and not a of a type to affect adversely the use of adjoining properties. Application for determination of similar uses shall be submitted to the Planning Department for review and consideration.
b. Minor Use Permit uses.

1. Alcohol Beverage Sales
a. On – Site Sales: Bar, Lounge, or Nightclub (with or without Entertainment) b. Off-Site Sales (no Tasting Room) No Convenience Store c. On or Off-Site Sales (with Tasting Room) No Convenience Store 85 “EXHIBIT A”
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d. Micro-Brewery with tasting room
e. Micro-Winery with tasting room
f. Micro-Distillery (Spirits) with tasting room

2. Café (Cyber, Animal, Gaming)
c. Conditionally Permitted uses.

1. Cigar Lounge/Hookah Lounge/Smoking Room

2. Restaurant Drive-Thru Food Establishment

3. Massage/Acupressure

4. Nightclub

5. Public Assembly/Auditoriums/Meeting Halls/Religious Facilities

Sec 30-663.8. Public Art Purpose and intent.

(1) Purpose and intent. Public art are key factors and an important aspect of creating and contributing to a sense of place and themed areas. The purposed and intent of public art is:
a. To promote an identity/sense of place for each planning area in the Entertainment Center Overlay District;
b. To preserve and enhance the appearance of Fontana a place to live and recreate and as an attraction to visitors who come to visit, shop, eat, or recreate; and c. To set forth a coordinated theme for the overlay districts by requiring an Administrative Site Plan review.

Sec. 30-663.9. Public Art.

(1) Public Art Definition. Artwork intended for public display and accessible to the general public prepared by an Artist. Decorative or functional elements which are designed by the building architect as opposed to an artist are not considered art. Artwork includes but is not limited to a painting, mural, inscription, stained glass, fiber work, statue, relief or sculpture, monument, fountain, arch, or other structures intended for ornament or commemoration. Also included in this definition is any installation that is technological in nature or includes carvings, murals, mosaics, mobiles, photographs, drawings, collages, prints, crafts, both decorative and can include clay, fiber, wood, metal, glass plastics, and other materials. Works of art shall be permanent. (2) Applicability: All development projects located within Entertainment Center Overlay District that is subject to a Design Review is required to provide Public Art or pay a public art fee.

(3) Application Submittal Requirements. An Administrative Site Plan , Minor application is required for the installation of public art . The Administrative Site Plan , Minor application for the public art shall be submitted in conjunction with the Planning Entitlements to develop the site and completion of the 86 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

public art shall be completed prior to Certificate of Occupancy. As a part of the applications the following items shall be submitted:

a. Landscape and/or site plans indicating the location and orientation of the on-site artwork that integrates the artwork into the overall project design;

b. A sample, model, photograph or drawings of the proposed on-site artwork;

c. Material samples and finishes if appropriate;

d. The artist's resume and portfolio of past work, which demonstrates competency with the materials and forms proposed for the on-site artwork proposal;

e. A written statement by the artist describing the on-site artwork, as well as a discussion of the manner in which the proposed on-site artwork meets the findings established by 30- 663.9(6);

f. A maintenance plan for the maintenance of the on-site artwork; and

g. Any such additional information or material as may be required by the Planning Director.

(4) Requirements for Public Art:
a. Planning Area 1 — Valley Boulevard and Sierra Avenue Areas. Artwork in Planning Area 1 is required to contributes to Fontana historical agricultural or st eel mill ( Henry J.

Kaiser’s) themes.
b. Planning area 2 — Foothill Boulevard and Sierra Avenue and Planning area 3 — Foothill Boulevard and Cherry Avenue. Artwork in Planning areas 2 and 3 shall incorporate a Route 66 theme.
c. Public art can incorporate elements that also serve a specific function (such as fencing, railing, lighting, or gates) but in order to be considered public art, they must be designed by a professional visual artist and custom fabricated for the site and vi sible from public views.
d. Materials, structural and surface components that are inherently resistant to theft, vandalism, weathering, and excessive maintenance or repair costs shall be utilized. e. Location: Public art must be located in areas clearly visible from the public street or sidewalk, in publicly accessible outdoor areas, or public accessible lobby areas.

(5) Disqualifying characteristics for Public Art:
a. Directional elements such as super graphics or signage are not allowed except where these elements are: integral parts of the original artwork, executed by the artist in unique or limited editions, contribute to a Route 66/Fontana theme as required in the Planning areas as required in Section 30-663.10 (3)a and b.
87 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

b. Artwork that incorporates the tenant/business logos, branding, images, text or other elements that relate directly to a specific business’s or organization’s branding or marketing themes is not permitted.
c. Art objects which are mass -produced and of standard design such as playground equipment, trellises, or fountain pieces are not permitted. d. Decorative or functional elements which are designed by the building architect as opposed to an artist are not permitted.
e. Landscape design except where it is designed by an artist and is integral part of the artwork are not permitted.
f. Temporary art exhibitions are not permitted.
(6) Findings of Approval for Administrative Site Plan, Minor:
a. The artist has demonstrated qualifications to complete the proposed on-site artwork with the highest professional standards.

b. The artwork contributes to the themes and meetings the requirements of Sec. 30 - 663.9(4).

c. There is sufficient public visibility and accessibility to the on -site artwork, and the proposed on -site artw ork is compatible with and harmonious with the development project and surrounding environment.

d. The proposed on -site artwork is durable and cost effective to maintain using ordinary methods of maintenance.

e. The budget for the proposed on -site artwork and any in -lieu fees proposed by the applicant is equivalent to or exceeds the required program allocation. (7) All property owners are responsible for maintaining the artwork in clean, undamaged condition for the lifetime of the artwork.
(8) Public art example:
a. Figure 1:

88 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

Sec. 30-727. Design principles.

The following sign design principles shall be used as criteria for review and approval of design review sign applications by the responsible reviewing body:
(1) Architectural compatibility. A sign (including its supporting structures, if any) shall be designed as an integral design element of a building's architecture and shall be architecturally compatible, including in terms of color and scale, with any building to which the sign is to be attached and with surrounding structures. Where more than one sign is provided, all signs shall be complementary to each other.
(2) Character context. A sign shall be sensitive in context to nearby uses in terms of height, sign type, quality, and type of illumination, as well as other factors that may be defined by the Director of Community Development Planning.
(3) Downtown character. Where a sign is located within the boundaries of downtown, new signs shall contribute to an integrated appearance of the district. Character-defining treatments shall include:
a. Use of pedestrian-oriented projecting and suspended signs.

b. Use of floor inlay signs or graphic projection signs, which are allowed only in downtown.

c. Use of sign colors and materials that are coordinated with building architecture. (4) Route 66 character. Where a sign is located on historic Route 66 (properties with frontage on Foothill Boulevard), new signs are encouraged to contribute to an integrated appearance of the district. Character-defining treatments shall include: As part of the Design Review or Administrative Site Plan entitlement for development of properties located on the historic Route 66 (Foothill Boulevard), Route 66 themed signage shall be incorporated for one sign per property in the following locations:
 Southeast Corner of Ilex Street and Foothill Boulevard  Properties at the intersection of Cherry Avenue and Foothill Boulevard  Properties north of the intersection of Beech Avenue and Foothill Boulevard  Properties at the intersection of Citrus Avenue and Foothill Boulevard  Properties at the intersection of Sierra Avenue and Foothill Boulevard  Properties at the intersection of Alder Avenue and Foothill Boulevard  Properties at the intersection of Maple Avenue and Foothill Boulevard Character-defining treatments shall include:
a. Sign design that is consistent with and reminiscent of historic Route 66 signage. b. Use of approved Route 66 logo on signs of at least 24 inches in height. c. Use of sign colors and materials that are coordinated with building architecture. d. Character-defining treatments can include Route 66 theme signage exceeding the maximum sign area, including height, with Planning Commission approval.

89 “EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(Additions shown in underline, deletions shown in strikeout):

(5) Legibility. Signs shall be designed to provide clear, legible information that indicates the proposed sign's purpose. The size and proportion of the elements of the sign's message— including logos, letters, icons and other graphic images—shall be selected based on the average distance and average travel speed of the viewer. Sign messages oriented toward pedestrians shall be smaller than those oriented toward motor vehicle drivers. (6) Readability. A sign message shall be easily recognized and designed in a clear, unambiguous, and concise manner so that a viewer can understand or make sense of what appears on the sign. Colors chosen for the sign text and/or graphics shall have sufficient contrast with the sign background to be easily read during both day and night. (7) Visibility. A sign shall be readily distinguishable from its surroundings so a viewer can easily see the information it communicates.
(8) Graphic interest. Sign colors and materials shall be selected to contribute to legibility and design integrity.

90 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0082 Agenda Date: 5/27/2025
Agenda #: C. Category: Consent Calendar
FROM:

Management Services
SUBJECT:
2025-2026 Statement of Investment Policy
RECOMMENDATION:

Adopt the City of Fontana Statement of Investment Policy for Fiscal Year 2025-2026.

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

DISCUSSION:

The City of Fontana Statement of Investment Policy (Policy) requires an annual review and adoption by the City Council. The Policy was last updated in July 2024. The Policy is being presented at this time to ensure that the requirements of the Policy are consistent throughout the fiscal year. The Policy has been certified by the Association of Public Treasurers of the United States and Canada (APT US&C).

There are some minor changes being proposed to the policy including the following:
· Frequency of reporting will be changed from monthly to quarterly. · Additional language clarification, as needed:
o Section I - Prudent Person Rule definition update.
o Section II - Internal Control - update language for clarity. o Section III - Selection of Eligible Financial Institutions - add language to require the investment advisor to provide the City with advance written notice of the engagement or termination of a broker dealer prior to conducting transactions. o Section III - Safekeeping and Custody - update language for clarification on role of safekeeping agent.
o Section IV - Update language for clarity.
· Minimum quality credit requirement for California/State/Local Agency Bonds updated to A and its equivalent.
· Update benchmark to ICE BofA 1-5 Year US Government and Corporate Index which is more appropriate to the mix of eligible bond types per CA 53601.

The Investment Review Committee will meet quarterly to discuss the status of current investments, strategies for future investments, and other matters deemed relevant. Additionally, upon approval of this item, the Authorized Investment Officers will be as follows:

City of Fontana Printed on 5/22/2025Page 1 of 2
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91 File #: 25-0082 Agenda Date: 5/27/2025
Agenda #: C. Category: Consent Calendar
Authorized Investment Officers:

City Manager
Chief Financial Officer/Deputy City Treasurer
Deputy Finance Officer
Revenue and Operations Manager
Accounting Manager
FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/22/2025Page 2 of 2
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92 CITY OF FONTANA

STATEMENT OF

INVESTMENT POLICY
2025-2026

Certified by the Association of Public Treasurers of the United States and Canada (APT US&C)

Prepared by the Finance Department Lisa Conlon,
Revenue Operations Manager
Reviewed and Approved by
Janet Koehler-Brooks, City Treasurer
93 94

TABLE OF CONTENTS

Page

-i-

I. OVERVIEW ........................................................................................................................... 2 INTRODUCTION ................................................................................................................... 2 SCOPE .................................................................................................................................. 2 OBJECTIVES ........................................................................................................................ 2 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES ........................................................ 4 AUTHORIZED INVESTMENT OFFICERS ............................................................................ 4 INVESTMENT REVIEW COMMITTEE .................................................................................. 4 INVESTMENT PROCEDURES ............................................................................................. 4 INTERNAL CONTROL .......................................................................................................... 5 CONFLICTS OF INTEREST .................................................................................................. 5 III. ELIGIBLE FINANCIAL INSTITUTIONS .................................................................................. 6 SELECTION OF ELIGIBLE FINANCIAL INSTITUTIONS ...................................................... 6 SAFEKEEPING AND CUSTODY .......................................................................................... 7 IV. AUTHORIZED INVESTMENTS ............................................................................................. 8 INVESTMENT TYPES ........................................................................................................... 8 DUE DILIGENCE REQUIREMENT ..................................................................................... 14 PROHIBITED INVESTMENTS ............................................................................................ 14 DERIVATIVE INVESTMENTS ............................................................................................. 14 LEGISLATIVE CHANGES ................................................................................................... 15 INVESTMENT MATURITIES ............................................................................................... 16 V. CASH MANAGEMENT ........................................................................................................ 17 VI. EVALUATION OF INVESTMENT PERFORMANCE ........................................................... 18 BENCHMARK COMPARISON ............................................................................................ 18 VII. INVESTMENT REPORTING ............................................................................................... 19 VIII. INVESTMENT POLICY REVIEW AND ADOPTION ............................................................ 20 IX. GLOSSARY ......................................................................................................................... 21 95 City of Fontana
Statement of Investment Policy
10 I. OVERVIEW

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

SCOPE

Included in the scope of the City's investment policy Funds excluded from this policy include proceeds of debt issuance, retirement/pension funds and deferred compensation funds, and pension or other post-employment benefit funds held in a trust are the following major guidelines and practices which are to be used in achieving the City's primary investment objectives:

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

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

OBJECTIVES

The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity. 96 City of Fontana
Statement of Investment Policy
1 16498.00003\43741504.2

Criteria for selecting investments in the order of priority are:

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

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

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

Portfolio diversification in terms of maturity, instrument types and issuer help minimize the overall risk while maximizing the market rate of return. Therefore, the portfolio should consist of a mix of various types of securities, issuers and maturities as long as the selection and retention are prudent. Occasional measured losses are inevitable and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.

The City operates its pooled cash investments under the "Prudent Investor Standard" described in California Government Code §53600.3 as follows:

“Except as provided in subdivision (a) of Section 27000.3, all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall s trategy, investments may be acquired as authorized by law."

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

Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust.
97 City of Fontana
Statement of Investment Policy

4 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES

AUTHORIZED INVESTMENT OFFICERS

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

City Manager
Chief Financial Officer/Deputy City Treasurer
Deputy Finance Officer
Accounting Manager
Revenue Operations Manager

Daily portfolio management responsibilities have been delegated to the Chief Financial Officer/Deputy City Treasurer.

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

INVESTMENT REVIEW COMMITTEE

At least quarterly, the Investment Review Committee, consisting of the City Treasurer, Chief Financial Officer/Deputy City Treasurer, Deputy Finance Officer, Accounting Manager and Revenue Operations Manager shall meet with the investment advisor or manager to discuss the status of current investments, strategies for future investments, and other matters deemed relevant, and shall report to the City Council as necessary.

INVESTMENT PROCEDURES

The Chief Financial Officer/Deputy City Treasurer has established investment procedures which:
❖ Adhere to the Statement of Investment Policy
❖ Prioritize safety and liquidity
❖ Determine risk and optimizes return
❖ Provide for a system of due diligence in making investment decisions.

In order to accomplish these goals, a “Model” investment portfolio has been designed to provide the strategic framework for supervising and reporting on the investment portfolio.

98 City of Fontana
Statement of Investment Policy

5 16498.00003\43741504.2

The model was developed according to th is policy’s maturity guidelines and is used to facilitate decisions regarding security transactions. Each security selection recommended by the investment advisor or manager shall be designed to move the actual portfolio toward the model portfolio without taking any immediate losses.

No person authorized to conduct investment transactions (including investment advisor or manager) shall engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Chief Financial Officer/Deputy City Treasurer.

All investments selected under this policy, including any investments in foreign securities or currency, must be held with a financial institution that is subject to the jurisdiction of the laws and courts of the United States.

INTERNAL CONTROL

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

An independent analysis by an external auditor shall be conducted annually to review internal control and compliance with policies and procedures. The Finance Department shall promptly review and eliminate any material weaknesses or significant deficiencies not considered to be material weaknesses that are identified in the City’s latest audit report.

CONFLICTS OF INTEREST

The City adopts the following policy concerning conflicts of interest:

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

2. Officers, investment advisor(s) or manager(s), and employees involved in the investment process shall disclose to the City Clerk any material financial interests in financial institutions that conduct business with the City of Fontana, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio.
99 City of Fontana
Statement of Investment Policy

6 III. ELIGIBLE FINANCIAL INSTITUTIONS

SELECTION OF ELIGIBLE FINANCIAL INSTITUTIONS

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

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

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

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

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

❖ Certified financial statements.

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

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

A current audited financial report prepared by an independent certified public accountant shall be submitted to the City annually within six (6) months after the end of the institution’s fiscal year in order for the institution to remain on the “eligible” list. Within the context of the City’s policies regarding portfolio limitations, investment transactions shall be distributed as evenly as possible between financial institutions.

100
City of Fontana
Statement of Investment Policy

7 16498.00003\43741504.2

If the City has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City. The advisor shall make available its list of authorized broker/dealers to City staff upon request and shall provide the City with advance written notice regarding its engagement or termination of any broker/dealer.

SAFEKEEPING AND CUSTODY

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

All security transactions, including collateral requirements, shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third-party custodian and evidenced by safekeeping receipts.
101
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Statement of Investment Policy

8 IV. AUTHORIZED INVESTMENTS

INVESTMENT TYPES

Investment of City funds is governed by the California Government Code Sections 16429.1 and 53601. Investments may not have a term or maturity at the time of investment of longer than that authorized by Section 53601 or five (5) years (measured by settlement date) unless the City Council has granted express authority, no less than three (3) months prior to the investment, for a specific investment to exceed such limit.

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

Within the context of the State limitations, the following investments are authorized subject to the Due Diligence Requirement on page 18:

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

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

2. U.S. Treasury Obligations

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

3. U.S. Government Securities

Government Code Section 53601(f): Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies of the United States government-sponsored enterprises. 102
City of Fontana
Statement of Investment Policy

9 16498.00003\43741504.2

4. California State, California State, California Local Government Agencies, and other United States State Bonds

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

❖ Registered state warrants or treasury notes or bonds of the State of California, including bonds payable sole ly out of the revenues from a revenue-producing property owned, controlled or operated by the state or by a department, board, agency, or authority of the state.

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

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

5. Bankers Acceptances

Government Code Section 53601(g) : Up to f orty percent (40%) of the City's portfolio may be invested in Bankers Acceptances which are defined as bills of exchange or time drafts, drawn on and accepted by a commercial bank, which are eligible for purchase by the Federal Reserve System, although no more than thirty percent (30%) of the portfolio may be invested in Bankers Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed one hundred eighty (180) days.

6. Commercial Paper

Government Code Section 53601(h): Up to twenty-five percent (25%) of the City's portfolio may be invested in "Prime" commercial paper as rated by a nationally recognized statistical-rating organization (NRSRO). Issuing corporations must be organized and operating in the United States, have five hundred million dollars ($500,000,000) total assets, and have at least an "A" rating by an NRSRO on debt other than commercial paper. No more than ten percent (10%) of the portfolio may be invested in the commercial paper and medium-term notes of any single issuer.

The maturity period cannot exceed two hundred seventy (270) days. 103
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Statement of Investment Policy

10 7. Negotiable Certificates of Deposit

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

8. Medium-Term Notes

Government Code Section 53601(k) : Defined as all corporate and depository institution debt securities with a maximum remaining maturity of five (5) years or less (measured by settlement date), issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision must be rated in a rating category of "A" or its equivalent or better by an NRSRO. No more than ten percent (10%) of the portfolio may be invested in the commercial paper and medium-term notes of any single issuer. Up to thirty percent (30%) of the City's portfolio may be so invested.

9. Mortgage or Asset-Backed Securities (ABS)

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

10. Supranational Obligations

Government Code Section 53601(q): Defined as United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, and eligible for purchase and sale within the United States. These securities shall be rated in a ratings category of “AA” or its equivalent or better by an NRSRO. Purchases of supranationals shall not exceed thirty percent (30%) of the City’s portfolio nor exceed a five (5)-year term.

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11 16498.00003\43741504.2

11. Non-Negotiable Certificates of Deposit

Government Code Section 53635 : There is no limit as to the amount of the investment portfolio that may be deposited in certificates of deposit , however diversification is an element of fiduciary standard and will be kept in mind when determining how much of the investment portfolio is deposited in certificates of deposit.

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

The collateralization requirement may be waived to the extent that funds are federally insured (currently up to $250,000 per institution). For deposits equivalent to the maximum insured amount, security may also be waived for interest accrued on the deposit provided the interest is computed by the depository on the average daily balance of the deposits, paid monthly and computed on a three hu ndred sixty (360)-day basis.

12. Money Market Mutual Funds

Government Code Section s 53601(l) & 53601.6(b): Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commis sion under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.).

To be eligible for investment pursuant to this subdivision these companies will either:

a. Attain the highest -ranking letter or numerical rating provided by not less than two (2) of the three (3) largest NRSRO or
b. Have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five (5) years’ experience managing money market mutual funds and with assets under managem ent in excess of five hundred million dollars ($500,000,000).

Up to twenty percent (20%) of the City’s portfolio, based on purchase price, may be invested in money market mutual funds.

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12 13. Joint Powers Authority Pools

Government Code Section 53601(p): Shares of beneficial interest issued by a joint powers authority organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q) of Government Code Section 53601, inclusive . Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares will have retained an investment adviser t hat meets all of the following criteria:

a. The adviser is registered or exempt from registration with the Securities and Exchange Commission.
b. The adviser has not less than five (5) years of experience investing in the securities and obligations authorized in subdivisions (a) to (q) California Government Code Section 53601, inclusive.
c. The adviser has assets under management in excess of five hundred million dollars ($500,000,000).

There is no limit as to the amount of the investment portfolio that may be invested in joint powers authority pools.

It is the current practice of the City of Fontana to invest in the following types of securities.

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

The portfolio can invest in 144A-registered securities.

Also, while not expressly prohibited by State law, unregistered securities, such as Rule 144A securities, may not be purchased by local agencies that do not meet the threshold of five million dollars ($5,000,000) investments and one hundred million dollars ($100,000,000) in securities. On August 26, 2020 , the Securities and Exchange Commission expanded the definition of Qualified Institu tional Buyers (QIB)2 to include any institution that qualifies as an accredited investor under Rule 501(a) under the Securities Act that are not otherwise stated in the definition of “qualified institutional buyer” provided they satisfy the one hundred million dollars ($100,000,000) threshold. 106
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13 16498.00003\43741504.2

Investment Type Maximum
Maturity
Maximum
% of
Portfolio
Minimum Quality
Requirements
Government
Code
Section
State Treasurer’s Local
Agency Investment Fund
(LAIF)
5 years LAIF
maximum
per account
N/A 16429.1
U.S. Government
Securities
5 years None None 53601(b)
53601(f)
California State, California
Local Government Agencies,
and other United States
State Bonds
5 years 100% “A” rating
category or its
equivalent or
better
53601(c)
53601(d)
53601(e)
Bankers Acceptances 180 days 40% None 53601(g)
Commercial Paper 270 days 25%
(10% with
one issuer)*
A-1 or higher 53601(h)
Negotiable Certificates of
Deposit
5 years 30% None 53601(i)
Medium-Term Notes 5 years 30% (10%
with
one
issuer)*
“A” rating
category or its
equivalent or
better
53601(k)
Pass-Through Securities 5 years 20% “AA” rating
category or its
equivalent or
better
53601(o)
Supranational Obligations 5 years 30% “AA” rating
category or its
equivalent or
better
53601(q)
Certificates of Deposit 5 years None None 53635
Money Market Mutual Funds N/A 20% Highest Ranking
at least two
ratings agencies
53601(l) &
53601.6(b)
Joint Powers Authority
Pools
N/A None Minimum $500M
in assets and 5
years of
experience
53601(p)

*Commercial paper and medium-term notes are combined to determine the 10% limit per issuer.
107
City of Fontana
Statement of Investment Policy

14 DUE DILIGENCE REQUIREMENT

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

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

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

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

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

5. A schedule for receiving statements and portfolio listings.

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

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

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

PROHIBITED INVESTMENTS

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

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

DERIVATIVE INVESTMENTS

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

108
City of Fontana
Statement of Investment Policy

15 16498.00003\43741504.2

LEGISLATIVE CHANGES

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

If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Investmen t Review Committee, until the maturity date to avoid an unnecessary loss. 109
City of Fontana
Statement of Investment Policy

16 INVESTMENT MATURITIES

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

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

2. Weighted Average Life. The weighted average life (WAL) of the portfolio should not exceed two and one-half (2-1/2) years.

3. Duration. The target duration of the portfolio shall be two (2) years.

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

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

6. Maximum Maturity . As previously stated, the maximum maturity term of any investment shall not exceed five (5) years (measured by settlement date or Weighted Average Life ) un less recommended by an investment advisor or manager, and prior express authority from Council has been granted. 110
City of Fontana
Statement of Investment Policy

17 16498.00003\43741504.2

V. CASH MANAGEMENT

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

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

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

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

4. Maximize cash flow in formation available through the use of only one operating bank account.
111
City of Fontana
Statement of Investment Policy

18 VI. EVALUATION OF INVESTMENT PERFORMANCE

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

BENCHMARK COMPARISON

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

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

For reporting purposes, the portfolio’s monthly rate of return shall be compared to the ICE BofA 1-5 Year US Government and Corporate Index .
112
City of Fontana
Statement of Investment Policy

19 16498.00003\43741504.2

VII. INVESTMENT REPORTING

The Finance Department shall prepare and submit a monthly investment report to the City Council.

The Monthly Investment Report shall be available approximately thirty (30) days after the end of the monthly reporting period, or as soon as the information is available, online on the City’s website and included in the Quarterly Budget Report.

113
City of Fontana
Statement of Investment Policy

20 VIII. INVESTMENT POLICY REVIEW AND ADOPTION

This Statement of Investment Policy shall be submitted annually to the City Council for review and adoption in either May or June for the Fiscal period beginning the following July. The policy shall be reviewed at least annually to ensure its consistency with the overall objectives of the City and its relevance to current law and financial and economic trends. Any modifications made thereto must be approved by the City Council. 114
City of Fontana
Statement of Investment Policy

21 16498.00003\43741504.2

IX. GLOSSARY

AGENCIES: Federal agency securities.

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

COLLATERAL: This includes, but is not limited to securities pledged by a bank to secure deposits of public monies.

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

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

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

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

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

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

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

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

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

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

115
City of Fontana
Statement of Investment Policy

22 FEDERAL AGENCY SECURITIES (AGENCIES): Discount and coupon obligations of the federal agencies established by Congress to provide credit to specific sectors of the economy.

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

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

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

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

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

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

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

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

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.

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

MONEY MARKET: The market in which short -term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. For this purpos e, bankers’ 116
City of Fontana
Statement of Investment Policy

23 16498.00003\43741504.2

acceptance means one or more time draft(s) for which a bank has committed to making the payment to the holder at maturity.

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

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

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

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

NRSRO: Nationally Recognized Statistical Rating Organization, a credit rating agency approved by the U.S. Securities and Exchange Commission (SEC) to provide information that financial firms must rely on for regulatory purposes. The top firms including Moody’s Investor Services, Standard and Poor’s and Fitch Group.

PORTFOLIO: Collection of securities held by an investor.

PRUDENT PERSON RULE: The standard of care to be used under this policy, whereby investments shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be derived.

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

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

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

117
City of Fontana
Statement of Investment Policy

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

SECONDARY MARKET: A market made for the purchase and sale of outs tanding issues following the initial distribution.

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

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

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

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

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

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

YIELD: The rate of annual income return on an investment expressed as a percentage.

Income Yield is obtained by dividing the current dollar income by the current market price for the security. Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 118
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0190 Agenda Date: 5/27/2025
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Task Order for Geotechnical Engineering and Materials Testing Services for the 2024-2025 programmed Citywide Pavement Rehabilitation Projects (Request for Proposals DE-24-195-SQ-02) RECOMMENDATION:

1. Award and authorize the City Manager to execute a Task Order in the amount of $136,850.00 with Geocon West, Inc. for the 2024-2025 programmed Citywide Pavement Rehabilitation Projects (Request for Proposals DE-24-195-SQ-02).

2. Approve and authorize the City Manager to execute any future amendments to the Task Order in the amount not to exceed $30,000.

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 focusing on relief of traffic congestion.

DISCUSSION:

The 2024-2025 programmed Citywide Pavement Rehabilitation Projects include asphalt mill and overlay, full depth removal and replacement, and ADA curb ramp upgrades.

Staff released a request for proposals (RFP) for Geotechnical Engineering and Materials Testing Services to the firms that are on the city’spre-qualified Engineering List (DE-24-195-SQ) by notifying firms through the City’s online bid system. Two (2) prospective bidders downloaded the RFP documents. On April 10, 2025, a proposal was received from one (1) firm interested in providing Geotechnical Engineering and Materials Testing Services for the project. The proposal cost is $136,850.00.

As a result, staff is recommending the award of the Task Order to Geocon West, Inc. for Geotechnical Engineering and Materials Testing Services based on being the best value to the City.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $136,850.00 for the full term of the project and is included in the 2024-25 budget in Pavement Rehabilitation Projects #37600027, #37600028, and #37600077.

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File #: 25-0190 Agenda Date: 5/27/2025
Agenda #: D. Category: Consent Calendar
MOTION:

Approve staff recommendation.

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City of Fontana
Geotechnical Services 2024-2025 Citywide Pavement Rehabilitation Project (DE-24-195-SQ-02), bidding on 04/10/2025 2:00 PM (PDT)

Printed 04/23/2025
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121
City of Fontana
Geotechnical Services 2024-2025 Citywide Pavement Rehabilitation Project (DE-24-195-SQ-02), bidding on 04/10/2025 2:00 PM (PDT)

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122
City of Fontana
Geotechnical Services 2024-2025 Citywide Pavement Rehabilitation Project (DE-24-195-SQ-02), bidding on 04/10/2025 2:00 PM (PDT)

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PlanetBids
123
City of Fontana
Geotechnical Services 2024-2025 Citywide Pavement Rehabilitation Project (DE-24-195-SQ-02), bidding on 04/10/2025 2:00 PM (PDT)

Printed 04/23/2025
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124

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

SIERRA AVE

CITRUS AVE

JURUPA AVEJURUPA AVE
I-10 HWY
125

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

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SAN BERNARDINO AVEDEODAR AVEBOXWOOD AVELOMBARDY AVETANGELO AVE

ALDER AVE

TAMARIND AVEDEODAR AVEKAISER CTKEMPSTER AVE

ACACIA AVEEMERALD AVE

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INDEX MAPN

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VALLEY AVE
SHEET 5SHEET 4SHEET 5

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126

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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

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WAYGRACE ST

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INDEX MAP

VICINITY MAPN
N
SHEET 4SHEET 5

ALDER AVEALDER AVELOCUST AVELOCUST AVEMERRILL AVEMERRILL AVERANDALL AVERANDALL AVE

ARROW BLVDARROW BLVD

LAUREL AVELAUREL AVE
127

SOUTH HIGHLAND AVE

BASELINE AVE

SIERRA AVEWALNUT STSIERRA AVE

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BASELINE AVE

WALNUT VILLAGE PKWY

MICALLEF STSIERRA AVE

INDEX MAPN
SHEET 4
SHEET 5
SHEET 6

VICINITY MAPN

SIERRA AVE

SIERRA AVE

S HIGHLAND AVEWALNUT STWALNUT VILLAGE PKWY

BASELINE AVEBASELINE AVE

JUNIPER AVE

JUNIPER AVEMANGO AVE

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128

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VICINITY MAPSHEET 4
SHEET 5
N
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0200 Agenda Date: 5/27/2025
Agenda #: E. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Approval to Purchase a Mulch Blower and Trailer to Support SB 1383 Procurement Requirements RECOMMENDATION:

1. Authorize the Purchasing Division to procure a mulch blower and trailer utilizing the Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Purchase by Another Agency.

2. Authorize to use the Sourcewell contract #070821-FNN to purchase the Finn mulch blower and trailer from authorized dealer Clairemont Equipment, Fontana, CA in the amount of $154,874.34 plus applicable sales tax.

COUNCIL GOALS:
· Enhance the local environment for future generations and create a healthy economic and environmental future by implementing sustainable landscaping. · Enhance the local environment for future generations and create a healthy economic and environmental future by promoting programs that encourage reducing Green House Gas emissions.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.

DISCUSSION:

SB 1383, effective January 2022, mandates that Jurisdictions procure annual targets of recovered organic waste products, including compost and mulch, to support California’s goals in reducing methane emissions and diverting organic waste from landfills. The City of Fontana is required to demonstrate compliance with the procurement targets based on its population and CalRecycle’s assigned per capita procurement rates.

To meet targets, the City has increased the use of recycled organic products, such as mulch and compost, in public spaces. However, the current manual and small-scale application methods limit the City’s ability to effectively utilize the volume of material required for compliance.

To improve efficiency and scalability, staff recommends the purchase of a mulch blower and trailer unit. A mulch blower allows for uniform distribution of mulch across large areas, reducing labor hours and ensuring consistent coverage. This equipment will be utilized by the Public Works, Parks and Landscape Division for city parks, and other landscaping in public areas.

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File #: 25-0200 Agenda Date: 5/27/2025
Agenda #: E. Category: Consent Calendar
Per the City’s Purchasing 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. The purchase will be made through Clairmont Equipment Company, and utilizes Sourcewell, to ensure competitive pricing.

FISCAL IMPACT:

The fiscal impact for the purchase of the mulch blower and trailer is $166,877.10. Funding is included in the FY2024-25 budget in the SB 1383 Local Assistance Grant Fund Project 30100003-301-A- 8130.

MOTION:

Approve Staff Recommendation
City of Fontana Printed on 5/22/2025Page 2 of 2
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Brian Clements
City of Fontana
909-350-6771
[email protected]
MBH6 Trailer Mounted

3/4/2025 Sourcewell Pricing Machine Cost: $154,874.34
Sourcewell # 50060 Taxes 7.75% $12,002.76
Finn Sourcewell # 070821-FNN Total cost: $166,877.10
Quote is good for 30 days
Freight is included in Quote
Prepared by Paul Kelly
760-587-3323
Thank you
7651 Ronson Road ~ San Diego, CA 92111
Office (858)278-8351 ~ Fax (858)492-9959
San Diego Escondido Fontana Indio Imperial (858) 278-8338 (760) 739-9100 (909) 429-9100 (760) 863-5558 (760) 355-7700

132

CITY OF FONTANA

NON-COMPETITIVE SOURCE SELECTION JUSTIFICATION
Contract/Req. No.: Amendment No.: Requestor: Date:

Pre-Tax Amount: $ Tax: $ Freight: $ Total Amount: $
Vendor Name:

FUNDING SOURCE AND AUTHORIZATION (check as applicable)
City Resources Gov’t Grant Other
Certifications: Debarment4 Anti-Lobby5
Certificate(s)
Attached
Not
Applicable
Fund: Org Account:

Equipment Screening6: Yes Not Applicable Title Vests: - Purchase Description:

1. Source Selection - Competition is impracticable (Check appropriate box):

UNAVAILABLE FROM ANY OTHER SOURCE. No competitive advantage would be gained from competitive pricing, such as when equipment, goods, materials, supplies, personal property, or services are unique and are only available from one source. (Explain below. Include all contacts made to verify the sole source or single source situation.) COOPERATIVE PURCHASING AGREEMENT. This product or service required is being purchased under a cooperative purchasing agreement. (Explain below).

SAME PRICE PURCHASED BY ANOTHER PUBLIC AGENCY. The product or service required was awarded a bid by another public agency that has purchasing procedures substantially similar to those that the city would have been required to use, and the vendor offers the same price(s) to the city that it offered to the other agency.

EMERGENCY. This product or service required is due to an emergency, determined by the City Manager, which could not have been anticipated and critical need precludes any form of competition. (Purchases more than $100,000 must be presented at the next regular City Council Meeting for ratification by the City Council. Please attach supporting documentation and approval from City Manager).

OTHER REASON(S). (Explain below).

Detail information to support above justification(s):
4 Applies to purchases under a Federal Grant equal to or more than $25,000 5 Applies to purchases under a Federal Grant equal to or more than $100,000 6 Applies to
equipment purchases under a Federal Grant equal to or more than $10,000 133

2. Price/Cost Analysis (ONLY APPLICABLE TO PURCHASES/CONTRACTS THAT EXCEED $100,000):

The action taken in verifying price reasonableness is indicated below. Identify the method(s) listed below used to verify price reasonableness. Check one or more paragraphs below as applicable.

Current price schedule (verifiable catalogue, published price list, etc.) Schedule Name/No.: Unit Price: $
Supplier Contact: Date of Schedule:

Previous purchase.

Supplier: Unit Price:

PO No.: PO Date:

Similar item in related industry.

Price Source: Unit Price:

Supplier: Date:

Any other Reasonable basis:

3. Small Business’ Solicited (Federally Funded Procurements Only) Document whether Small Business, HUBZone Small Business, Small Disadvantaged Business, Women Owned Small Business or Service Disabled Veterans Owned Business or Veterans of Vietnam Era Owned Business concerns were solicited and, if not, why not.

Applicable Businesses’ referenced above were solicited.

No Applicable Businesses referenced above were solicited because ---------------------Attach additional sheets as needed---------------------- 134
or as soon thereafter as possible.

New
o
o
o
o
o
o

SALES TAX
o
Exceptions:

CE Initials
CE Area Manager:

Location #

WARRANTY ON EQUIPMENT
Trade Down Payment
See Addendum A for Trade Details
if applicable.

NOTICE TO PURCHASER

1. Caution. Do not sign this Contract before you thoroughly read this agreement and the terms & conditions on page 2 of this document even if otherwise advised.

2. You are entitled to an exact and completely filled in copy of this Contract when you sign it. Keep it to protect your legal rights.

3. Seller's Officer or General Manager's signature is required for final acceptance of your Contract.

THE ADDITIONAL TERMS & CONDITIONS SET FORTH ON THE NEXT PAGE HEREOF ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY REFERENCE. Signature of the Contract hereby constitutes a sale.

Warranty coverage on the equipment covered by this order, if any, has been explained to Purchaser.

The warranty coverage is outlined below and indicated by the box checked.

NEW MANUFACTURER WARRANTY:o

USED AS IS
CASH DUE on DELIVERY
This is a cash transaction. If the purchaser so requests prior to acceptance, the Cash Due on Delivery may be financed as a time sale transaction, subject to credit approval. If this transaction becomes a time sale, Purchaser agree
s:
(1) to make payments to the Seller's/
Lenders Accounts Receivable Agreement, which is incorporated into this Contract by reference, and (2) that Seller retains a security interest in the goods described herein until all obligations of purchaser are paid in full and discharged.

AS PROVIDED BY MANUFACTURER and Detailed under separate agreement. 7651 Ronson Road, San Diego, CA 92111 | Ph: 858-278-8351 Sales Contract & Security Agreement
USED - THE PURCHASER STATES THAT THE EQUIPMENT HAS BEEN EXAMINED; it is fit for the purpose intended and the Purchaser is buying the equipment AS IS, unless otherwise specified in writing below and approved by Management. Clairemont Equipment Company makes NO WARRANTIES, EXPRESSED OR IMPLIED as to its fitness for any particular purpose.
o
o
o
o
o
EXTENDED WARRANTY Exp. Date:o
Shipping
Cash Down Payment

SUBTOTAL
of Equipment

TOTAL SELL PRICE
o
o
o
Used
o o
o
o
SERIAL NO.

ATTACHMENT TAG NO.

CONDITION?

RTL MAKE, MODEL, DESCRIPTION
Order Date: Customer PO#
PRICE

PER EACH ITEM
Seller:

Purchaser's Full Company Name:

Business Mailing Address:

City / State / Zip:

Phone:

Delivery to be Made on or Before:

Delivery Address:

Comments - Conditions - Terms:

Purchaser Signature Date Accepted By Date

Fax: Email:
135

SALES CONTRACT TERMS & CONDITIONS
PRICES: This quotation is based on current selling prices FOB point of shipment indicated for merchandise specified. If inland freight, ocean freight, marine insurance or other forwarding charges are included, they are estimated without obligation to the seller. Any increase in selling prices, freight charges, marine insurance, forwarding charges, and/or applicable U.S. or foreign taxes, duties or other levies, imposed subsequent to the date of this quotation, or by pro forma invoice, and/or are in effect at the time of shipment are for the purchaser’s account and shall be paid by purchaser. Stenographical, typographical, and clerical errors are subject to correction by seller.

ACCEPTANCE OF ORDER: The purchaser’s order for all merchandise covered by this quotation shall become effective only upon written acceptance by an officer or general manager of seller. Until acceptance by seller, this quotation is subject to change or withdrawal without prior notice. Seller’s sales representatives are not authorized to bind seller to any terms of agreement, including, but not limited to, the terms of this quotation.

TAXES & DUTIES: Any taxes or other charges which the seller may be required to pay under any existing or future laws, upon or with respect to the sale, purchase, delivery, storage, processing, use consumption or transportation of any of the materials, equipment, or other merchandise covered hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the purchaser who shall promptly pay the amount thereof to seller upon demand.

PAYMENT: All prices quoted are payable in United States Dollars, unless otherwise provided in writing on reverse side of this document. All letter of credit charges, service fees, bank charges and/or other financing costs are for the purchaser’s account, and shall be reimbursed prior to seller’s delivery of the merchandise identified herein to buyer.

DEPOSIT: Any unit of merchandise sold with special options, including but not limited to remote controls, special paint, and/or mounted on purchaser’s vehicles, shall be subject to a non-refundable deposit of twenty percent (20%) of the quoted sales price, to be paid to seller prior to purchaser’s order being placed or booked. In the event no special options are ordered by purchaser, purchaser shall pay seller a non-refundable deposit of ten percent (10%) of the quoted sales price prior to seller placing or booking purchaser’s order.

SHIPPING SCHEDULES: Shipping schedules are approximate only and are based upon prompt receipt of all necessary order information from buyer and the availability of equipment, parts, material and accessories from seller’s suppliers.

FORCE MAJEUR - INABILITY TO PERFORM: The seller is not liable for any loss, damage, delay, necessary substitution of materials, or default in the manufacture or delivery of the articles ordered which result from causes beyond seller’s reasonable control, including, but not limited to, strikes, lockouts, differences with workmen, fire, wars, acts of God, or of a public enemy, insurrection, riot, freight embargo, lack of storage of necessary materials, or delays caused by transportation facilities, act of purchaser, labor shortages, or acts of manufactures, suppliers, foreign or local government or military authorities and/or factors pertaining but not limited to preference priorities, allocations on order or production, labor or supply permits.

CANCELLATION: Seller reserves the right to cancel in its sole discretion any order without liability, if due to causes or conditions excusable under the “Force Majeure – Inability to Perform clause, the time of delivery is extended more than six months beyond the estimated delivery dates originally quoted.

The purchaser may cancel an order, if such cancellation is agreed to in writing by seller and upon payment by purchaser for all merchandise previously shipped and, in addition, the payment by purchaser of any and all cancellation charges as to undelivered merchandise, which charges are imposed upon the seller by the manufacturer or supplier of said canceled merchandise (non-cancelable items). In the event an item of merchandise is noncancelable, seller may, at seller’s sole discretion, apply purchaser’s deposit to such cancellation charges and purchaser shall remain liable to seller for the cost of any non- cancelable item not covered by said deposit.

WARRANTIES: THE EQUIPMENT IS SOLD AS IS. SELLER MAKES NO EXPRESS NOR IMPLIED WARRANTY, INCLUDING WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR PARTICULAR USE AS TO THE MERCHANDISE PROVIDED, HOWEVER, THAT SELLER SHALL MAKE

AVAILABLE TO BUYER TO THE EXTENT PROVIDED BY THE MANUFACTURER OF THE MERCHANDISE, SOLELY ON BEHALF OF THE MANUFACTURER, ANY WARRANTY PROVIDED BY THE MANUFACTURER. IN THE CASE OF USED EQUIPMENT, SELLER, AT ITS SOLE

DISCRETION, MAY PROVIDE ON THE REVERSE SIDE HEREOF AN EXPRESS WARRANTY LIMITED TO REPLACEMENT OF PARTS WHICH SELLER, IN ITS SOLE DISCRETION, DETERMINES TO BE DEFECTIVE. SUCH WARRANTY SHALL BE LIMITED TO THE PERIOD SPECIFIED THEREIN. In the event the equipment fails to fulfill the warranty or warranties as provided herein, seller’s liability shall be limited to that provided to such warranty or warranties. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OR

DAMAGE CAUSED BY THE IMPROPER OPERATION OF THE EQUIPMENT, OR DUE TO THE MAINTENANCE OR MECHANICAL ADJUSTMENT OF THE EQUIPMENT AFTER DELIVERY TO PURCHASER. Purchaser hereby assumes liability for, and agrees to defend and save seller harmless, from any and all claims of liability, loss or damage arising out of purchaser’s operation, use or possession of the equipment, including, but not limited to, any claims for property damage or personal injury.

PURCHASE ORDER: If this quotation is accepted and buyer signs this purchase order for that purpose, it is expressly agreed that the terms and conditions herein set forth shall prevail insofar as they may in any way conflict with the terms and conditions of buyer’s separate purchase order form, and by the issuance of such purchase order by buyer, buyer shall be deemed to have agreed to the foregoing. Signature on this quotation reflects acceptance as a purchase order and constitutes a sale regardless of buyer’s issuance of a separate purchase order or not.

CONTRACT TERMS & CONDITIONS: The terms and conditions set for above and elsewhere as part of this quotation shall, when accepted by purchaser, through submission of its purchase order or otherwise, shall constitute the entire agreement between the parties and no modifications or alterations thereof shall be valid or effective unless embodied in a written proposal executed by duly-authorized representatives of both parties. All stipulations, agreements and conditions contained in this contract are to apply to and bind the heirs, executors, administrators and/or successors and assigns of the respective parties hereto.

GOVERNING LAW: This agreement shall be governed by, construed and enforced in accordance with the law of the State of California and the courts of the State of California shall have jurisdiction of all matters arising out this quotation or any agreement created by the sellers’ acceptance of this quotation.

SEVERABILITY: In the event that any condition or covenant of this quotation after acceptance by seller, is held to be invalid or void by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this quotation/agreement and shall in no way effect any other covenant or condition of this quotation/agreement. If any condition, covenant, or other provision herein, is deemed invalid due to its scope of breadth, the condition, covenant or provision shall be deemed valid to the extent permitted by law.

WAIVER AND AMENDMENT: No breach of any provision can be waived unless in writing. Waiver of any one breach shall not be deemed to be a waiver of any other breach of the same or any other provision. This quotation/agreement may be modified only by written agreement executed by all parties hereto.

ATTORNEY’S FEE & COSTS: In the event it becomes necessary to engage the services of an attorney to enforce any of the provisions of this agreement or to affect collection of any amount due hereunder, the prevailing party shall recover reasonable attorney’s fees and all costs otherwise provided by law.

The prevailing party to any litigation as described above to enforce this agreement shall also be entitled to said party’s reasonable costs and attorneys’ fees incurred in enforcing judgment. It is expressly recognized, acknowledged and agreed by the parties that post-judgment attorneys’ fees, as provided for in this paragraph shall not be merged into or extinguished by any judgment entered in litigation arising out of this agreement.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0208 Agenda Date: 5/27/2025
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Active Transportation Program (ATP) Safe Routes to School (SRTS) Pedestrian Improvements Project on Ramona, Alder, Locust Avenue Project [Federal ID No.

ATPSB1L-5307(027)] (Bid No. SB-67-DE-23)
RECOMMENDATION:

Accept as complete the work performed by Riverside Construction Company, Inc. for the Active Transportation Program (ATP) Safe Routes to School (SRTS) Pedestrian Improvements Project on Ramona, Alder, Locust Avenue Project (#37603339).

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:

On September 12, 2023, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (Riverside Construction Company, Inc.) in the amount of $4,218,475.00 with a 10% contingency in the amount of $421,847.50 for the Active Transportation Program (ATP) Safe Routes to School (SRTS) Pedestrian Improvements Project on Ramona, Alder, Locust Avenue Project (#37603339). The improvements consisted of installing Americans with Disabilities Act (ADA) compliant sidewalks, curb and gutter, ADA curb ramps, traffic signs, and bike lanes where none existed on the three segments.

Riverside Construction Company, Inc. completed the construction of the project on March 27, 2025.

The project was successfully completed for the final contract amount of $4,297,800.01, an increase of 1.88% from the original contract amount of $4,218,475.00 and $342,522.49 under the total authorized budget. All work have been completed to the satisfaction of the City.

FISCAL IMPACT:

As part of the action to accept the construction of the Active Transportation Program (ATP) Safe Routes to School (SRTS) Pedestrian Improvements Project on Ramona, Alder, Locust Avenue Project (#37603339) 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 budget City of Fontana Printed on 5/22/2025Page 1 of 2
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File #: 25-0208 Agenda Date: 5/27/2025
Agenda #: F. Category: Consent Calendar
under the Public Works & Engineering Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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N01 inch = 600 feet1200600
PROJECT LOCATIONFONTANA'S SAFE ROUTES TO SCHOOLS PEDESTRIAN IMPROVEMENTS PROJECTFEDERAL PROJECT NO. ATPSB1L-5307(027)SEGMENT: RAMONA AVE. FROM JUNIPER AVE. TO SIERRA AVE 139
N01 inch = 600 feet1200600
FONTANA'S SAFE ROUTES TO SCHOOLS PEDESTRIAN IMPROVEMENTS PROJECTFEDERAL PROJECT NO. ATPSB1L-5307(027)SEGMENT: ALDER AVE. FROM BASELINE AVE. TO SHAMROCK AVE.PROJECT LOCATION 140
N01 inch = 800 feet1600800
FONTANA'S SAFE ROUTES TO SCHOOLS PEDESTRIAN IMPROVEMENTS PROJECTFEDERAL PROJECT NO. ATPSB1L-5307(027)SEGMENTS: LOCUST AVE. FROM MILLER AVE. TO FOOTHILL BLVD.AND LOCUST AVE. FROM FOOTHILL BLVD. TO ARROW RTE.PROJECT LOCATIONPROJECT LOCATION 141
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0209 Agenda Date: 5/27/2025
Agenda #: G. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Sierra Avenue Landscape Median Project (DE-24-28-SB) RECOMMENDATION:

Accept as complete the work performed by IMR, Inc. for the construction of the Sierra Avenue Landscape Median Project.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.

DISCUSSION:

On December 12, 2023, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (IMR, Inc.) in the amount of $745,690.00 with a 10% contingency in the amount of $74,569.00 for the Sierra Avenue Landscape Median Project (PN37603281). The improvements for the Sierra Avenue Landscape Median Project consisted of installing new boulders, shrubs, trees, rock cobble treatment areas, and a new irrigation system within a newly constructed raised median.

IMR, Inc. completed the construction of the project on May 1, 2025. The project was successfully completed for the final contract amount of $759,770.72, an increase of 1.89% from the original amount of $745,690.00 and $60,488.28 under the total authorized budget. All work has been completed to the satisfaction of the City.

FISCAL IMPACT:

As part of the action to accept the construction of the Sierra Avenue Landscape Median 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 budget under the Public Works & Engineering Department, Parks and Landscape Division.

MOTION:

Approve staff recommendation.

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PROJECT LOCATIONSIERRA AVENUE LANDSCAPE PROJECT
01 inch = 800 feet1600800
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0210 Agenda Date: 5/27/2025
Agenda #: H. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Co-Sponsorship Application Cycle (1) FY 2025/2026
RECOMMENDATION:

Review and approve the seventeen (17) Co-Sponsorships requests recommended for the first half of FY 2025/2026 fiscal year (July 2025 through June 2026) totaling an amount of $47,379.00 as recommended by Parks, Community, and Human Services Commission.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by seeking community input. · Practice sound fiscal management by producing timely and accurate financial information.

DISCUSSION:

Current Co-Sponsorship procedure, as approved by the Parks, Community and Human Services Commission and City Council, requires organizations to submit all Co-Sponsorship requests for activities taking place during the next fiscal year be submitted between February 1-February 28 (cycle one) or between September 1-September 30 (cycle two).

All organizations in consideration for Co-Sponsorship must meet all Co-Sponsorship criteria Attachment A - Co-Sponsorship Policy:
· proof of non-profit status (501 c3) or proof that the event is not for profit · organizations must be based in the incorporated boundaries of the City of Fontana · event must benefit and be open, free of charge, to Fontana residents · organization must adhere to Co-Sponsorship tier rating A brief description of the individual applications is provided in Attachment B - Co-Sponsorship Application Descriptions.

Seventeen (17) eligible applications were received during the February 2025 requested period, (15) requesting assistance with community events and (2) facility use requests. (Attachment C - organizations applying for Co-Sponsorship and Attachment D - Co-Sponsorship in-kind cost breakdown).

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File #: 25-0210 Agenda Date: 5/27/2025
Agenda #: H. Category: Consent Calendar
Tier Levels:

Tier One:

Organization provides minimum of eight percent (80%) of program resources and funding.

Tier Two:

Organization provides minimum of seventy percent (70%) of program resources and funding.

Tier Three:

Organization provides minimum of fifty percent (50%) of program resources and funding.

Although all organization requesting funding must provide a minimum of fifty percent (50%) of program funding, tier funding levels are not applicable to organization requesting the use of facilities during regular center hours.

Funding for Co-Sponsorships in the amount of $37,500 is included in the proposed operating budget for fiscal year 2025-2026 for approval by the City Council. Requested funding during the February application period totaled $47,379.00 which provides a balance of funding allocation of -$9,879.00 for the remainder of FY 2025/2026.

All applications were discussed and reviewed at the regular Parks, Community, and Human Services Commission meeting on April 24, 2025. The Commission individually reviewed the seventeen (17) applications and approved the recommendation for Co-Sponsorship requests be forwarded for City Council to review and consider.

After review of the applications, the Commission had consensus to recommend seventeen (17) applications for full funding of in-kind services.

Approved Applications
Below are the recommended applications that were approved:

Group Event In-Kind Request Commission
Recommended
Funding
A Night to Remember Purple Roses
International
$3,000.00 $879.00
Fontana CAP Annual CAP Resource
Fair
$16,360.00 $2,492.00
Calvary Chapel
Fontana
LOVE Fontana $18,700.00 $1,793.00
Working Dogs for
Warriors
A Sound Mind $5,010.00 $1,904.00
Uplifting Arts Academy 1st Annual Mental
Health Awareness &
Youth Empowerment
Summit
$10,000.00 $1,643.00
Concerned Citizens for
the Development of
North Fontana
Chill-n-Grill BBQ Cook-
Off
$4,650.00 $3,797.00
Living Legacy, Inc All GenConvention &
Resource Fair
$2,832.00 $1,623.00
Water of Life
Community Church
Trunk or Treat $45,000.00 $7,620.00
Hayes Events A Soulful Taste of the
Holidays
$4,000.00 $1,280.00
American Legion Post
262
Veterans Day
Celebration
$1,000.00 $1,280.00
Fontana Aquatics Club Veterans Day Classic
Swim Meet
$11,000.00 $5,368.00
Project Boon Eat & Be Well $46,910.00 $3,019.00
New Life Church of
Fontana
Nelly’s Story: A
Kwanza Celebration
$10,075.00 $2,107.00
Fontana Foundation of
Hope
IE Ronald McDonald
Walk for Kids
$28,000.00 $9,798.00
Miss Fontana
Organization
Miss Fontana Pageant $129,896.00 $3,716.00
AARP Troop Monthly Meeting Use of Cypress Center
Fontana Chamber of
Commerce
Chamber of
Commerce Luncheon
Use of Jessie Turner
Center
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File #: 25-0210 Agenda Date: 5/27/2025
Agenda #: H. Category: Consent Calendar
Group Event In-Kind Request Commission
Recommended
Funding
A Night to Remember Purple Roses
International
$3,000.00 $879.00
Fontana CAP Annual CAP Resource
Fair
$16,360.00 $2,492.00
Calvary Chapel
Fontana
LOVE Fontana $18,700.00 $1,793.00
Working Dogs for
Warriors
A Sound Mind $5,010.00 $1,904.00
Uplifting Arts Academy 1st Annual Mental
Health Awareness &
Youth Empowerment
Summit
$10,000.00 $1,643.00
Concerned Citizens for
the Development of
North Fontana
Chill-n-Grill BBQ Cook-
Off
$4,650.00 $3,797.00
Living Legacy, Inc All GenConvention &
Resource Fair
$2,832.00 $1,623.00
Water of Life
Community Church
Trunk or Treat $45,000.00 $7,620.00
Hayes Events A Soulful Taste of the
Holidays
$4,000.00 $1,280.00
American Legion Post
262
Veterans Day
Celebration
$1,000.00 $1,280.00
Fontana Aquatics Club Veterans Day Classic
Swim Meet
$11,000.00 $5,368.00
Project Boon Eat & Be Well $46,910.00 $3,019.00
New Life Church of
Fontana
Nelly’s Story: A
Kwanza Celebration
$10,075.00 $2,107.00
Fontana Foundation of
Hope
IE Ronald McDonald
Walk for Kids
$28,000.00 $9,798.00
Miss Fontana
Organization
Miss Fontana Pageant $129,896.00 $3,716.00
AARP Troop Monthly Meeting Use of Cypress Center
Fontana Chamber of
Commerce
Chamber of
Commerce Luncheon
Use of Jessie Turner
Center
FISCAL IMPACT:

Fiscal Year 2025/2026 funding for Co-Sponsorships in the amount of $37,500 is included in the proposed operating budget for City Council approval. Requested funding during the February (cycle one) application period totaled $47,379.00 which leaves a deficit balance of funding in the amount of -$9,879.00.

The Co-Sponsorship budget does not represent actual monetary funds, instead it measures the value of the in-kind services requested by the organizations such as equipment, street closures, staffing costs, and facility rental costs. The budget deficit does not impact other programs, services, or resources.

MOTION:

Approve Parks, Community, and Human Services Commission recommendation.

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Attachment A

New Section Distribution: All Employees
File in City Administrative Manual

City of Fontana

POLICY AND PROCEDURES

Subject:

POLICY TITLE
Co-Sponsorship of Events
Page
1 of 5
Section
20-58
Effective Date
7-1-06
Issued Date
6-13-06

Resolution Number:

Approval Date:

I. PURPOSE

To establish guidelines for the City co-sponsorship of Fontana based events and/or programs.

II. GENERAL POLICY

The City of Fontana allocates certain funds annually for the purposes of assisting non -profit Fontana-based organizations hosting community events. The City does not provide funds for these co-sponsored events, but in kind services. The City shall develop co -sponsorship criteria to prioritize and select co -sponsorship applicants on a biannual basis and to effectively distribute finite budgetary allocations based on classifications and ratings of applicants.

III. DEFINITION

City Co-sponsored Event means an event that is planned and conducted by a Fontana-based non-profit organization that meets the criteria for co-sponsorship and the City participates by contributing staff time, public safety services, equipment use, and/or the use of facilities.

IV. PROVISIONS

1. An organization may fall into the following categories within the co-sponsorship criteria:

A. Classification 1:

A group demonstrating a clear, broad based community benefit demonstrated through the application process.

B. Classification 2:

A group demonstrating a clear community benefit targeted toward a specific segment of the community demonstrating an identified need.

2. An organization may apply for co-sponsorship in one of the following three co-sponsorship tier ratings.

A. Tier #1

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Organization provides a minimum of eighty percent of program resources and funding.

B. Tier #2

Organization provides a minimum of seventy percent of program resources and funding.

C. Tier #3

Organization provides minimum of fifty percent of program resources and funding.

NOTE: An organization must provide a minimum of fifty percent of the program’s resources (i.e. funding, equipment, advertisement) to be eligible to apply for co-sponsorship with the City.

3. The tier rating is based on the total amount of resources the organization allocates to the event.

4. Co-sponsorship applications will be accepted February 1 through February 28 for co- sponsorship of events taking place during the following July 1 through June 30 period. A second application review process will be offered for events that are identified after the February application deadline. The second round of applications will be accepted September 1 through September 30 for events taking place January 1 through June 30 of the same fiscal planning year.

5. The City will rate each application according to the established criteria and will provide co- sponsorship support based upon the available funding resources.

6. Community Services Department staff will review all requests for co-sponsorship to ensure the organization meets the above criteria.

7. Requests for co-sponsorship will be classified by their overall benefit to the community and will be ranked by tier rating prior to being sent to the Parks and Recreation Commission and City Council for consideration.

8. Organizations will be funded based upon classification and priority of ranking until budgeted co-sponsorship funds have been fully allocated.

V. CO-SPONSORSHIP RATING CRITERIA

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1. The applicant’s event must be a benefit to the Fontana community. One or several of the following would qualify a proposed event for consideration by the Parks and Recreation Commission and staff for City co-sponsorship:

A. The event responds to an identified community need. (These are needs that have been either ratified or initiated by the City Council.)

B. The event enhances current department programming efforts. (A local organization is willing to fund and operate a current Special Event or organize an Adult Sports program that provides recreation opportunities to local residents.)

C. The event provides a unique leisure or community service opportunity for either the community at large or for a targeted group. (A local group that wants to organize an event that the staff, Parks and Recreation Commission and/or City Council believes benefits the community.)

D. The event raises funding for either Community Services Department programs or for services that benefit either the community at large or for a targeted group.

2. Application must show proof of 501 (c) 3 non-profit status or group must demonstrate the event is not for profit.

3. Applicant must be based in the incorporated boundaries of the City of Fontana.

4. When applicable, the applicant must have a valid charitable solicitation permit on file with the Management Services Department.

5. Applicant’s event must be open to all Fontana residents.

6. The applicant must qualify within Tier #1, Tier #2, or Tier #3 based on overall resources allocated.

7. The applicant must complete and submit the Co-Sponsorship Application and budget form along with a Special Event Application to the Community Services Department during one of the two identified application filing periods.

VI. ASSESSMENT CRITERA
Assessment(s) will be conducted at the conclusion of the event/activity to determine how well the objectives of the event/activity were met. Total attendance, activities offered, and overall benefit to the community will be reported on. Assessments will be conducted by:

1. Self Assessment
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A self assessment form will be provided to the applicant for the purpose of reporting on the outcome of the event.

2. Parks and Recreation Commission Assessment
When possible, one or more Parks and Recreation Commissioners will attend events to observe and provide feedback to the entire Parks and Recreation Commission.

3. Community Services Department Assessment
When applicable, a Community Services Department employee will be assigned to attend the event and provide feedback to both the applicant and the Parks and Recreation Commission.

VII. PROCEDURES

1. Complete the Co-sponsorship of Event Application and budget form in addition to a Special Event Application.

2. Submit application in February or September of each year to:

Co-Sponsorship Events
Community Services Department
16860 Valencia Avenue
Fontana, CA 92335

3. Upon receipt of applications, Community Services Department staff will verify eligibility, determine classification and assign tier rating.

4. Staff liaison shall place the request for co-sponsorship on the Parks and Recreation Commission agenda for review and consideration.

5. Staff liaison shall notify the applicant request co-sponsorship of the date, time, and location of the Parks and Recreation Commission meeting at which the request will be considered.

6. The request for co-sponsorship will be reviewed and either approved or denied by the Parks and Recreation Commission and then by the City Council.

A. If the request is approved by the Parks and Recreation Commission, staff will forward the request to City Council for consideration as part of the annual Budget Adoption Process or Mid-year Review of Budget Allocations.

i. Organizations that receive approval must recognize support of the City of Fontana as a co-sponsorship of the event or activity. All publicity and marketing for the event or activity must include the approved City of Fontana logo.

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New Section Distribution: All Employees
File in City Administrative Manual

ii. If the request is approved by the City Council, the staff liaison will notify the applicant and appropriate departments in writing within seven days of the City Council’s action.

B. If the request is denied staff will notify the applicant in writing.

i. Appeal process: In the event the request is denied, the applicant may appeal the Park and Recreation Commission’s decision in writing, care of the Community Services Director at 16860 Valencia Avenue, Fontana, CA 92335 within seven business days of decision.

7. If applying for use of a facility, a Request for Use of Facility must be completed in addition to the Co-sponsorship of Events Application and Special Event Application.

8. The Community Services Director, or designee, can approve a co-sponsorship request for use of a City facility if the requested date and time does not impact facility rentals and/or programs AND which do not exceed $5,000 cumulatively, annually.

9. An applicant approved for co-sponsorship of facility use from the City that does not provide (30) days notice of cancellation of said event to the City will be charged a Class 3 facility rental fee according to the Facility Rental Policy.

10. After the conclusion of the co-sponsored event or activity, the approved Post Event/Activity Assessment will be conducted to determine the benefit to the community.

Note: Parks & Community Services Commission meetings are held on the fourth Thursday of the month. The City Council meetings are held on the second and fourth Tuesday of the month. 151
*Events in RED are new events
2025/2026 Co-Sponsorship Descriptions Attachment B
Event Information Description 2024/2025 Evaluation
Purple Roses International 2024: N/A
A Night to Remember
August 2, 2025 l 6pm-8:30pm
Jessie Turner Center
Estimated Attendance: 100
Fontana (C.A.P) 2024: N/A
Annual CAP Resource Fair and Back to School Fair
August 2, 2025 | 9am -2pm
CityLink Buidling
Estimated Attendance: 1,200
Calvary Chapel Fontana 2024: attendance 280
Love Fontana
August 9, 2025 | 2pm-5pm
Miller Park Amphitheater
Estimated Attendance: 800
Working Dogs for Warriors Mental health awareness resource fair. 2024: attendance 150 A Sound Mind
September 6, 2025 | 9am-1pm
Veterans Park
Estimated Attendance: 600
Uplifting Arts Academy Mental health awareness resource fair. 2024: N/A 1st Annual Mental Health Awareness and Youth Empowerment Summit New event September 13, 2025 l 12pm-8:30pm
Jessie Turner Center
Estimated attendance: 250
Concerned Citizens for N. Fontana 2024: attendance 175
Chill-n-Grill BBQ Cook-Off
September 13, 2025 | 10am-3pm
Fontana Park Sport Pavillion
Estimated Attendance: 600
Living Your Legacy, Inc. 2024: N/A
All GenConvention and Resource Fair
October 4, 2025 l 1pm-4pm
Jessie Turner Center
Estimated Attendance: 75
Resource fair and convention with informative
panels, engaging speakers and live entertainment
for all generations
Community grilling competition among first
responders.
1 5
7 2 Resource fair designed to serve up to 1,200
community members. Will provide info and
resources to address the specific needs of Fontana
residents.
6 4
New Event
Lower turnout than expected, the event organizer expected City Staff to set-up canopies, tables, and chairs. Cars parked on the PE Trail, blocking access, asked to move and did not comply throughout the duration of the event.

New event
Mental health awareness dinner with speeches,
dancing, and a fashion show.
3 Community outreach event with music, games,
information, food, giveaways to leave a Real
Impact.

The group regularly lacks communication, relies on the City Staff to lead event set up. Event charged for entry. Did not communicate a Helicopter landing. Requested for kid zone games day before, which we were unable to accomodate.

Event was cancelled
2024: A well organized event. More timely
communication is recommended when requesting
equipment from public works.
152
*Events in RED are new events
2025/2026 Co-Sponsorship Descriptions Attachment B
Water of Life Community Church 2024: attendance 10,000
Trunk or Treat
October 31, 2025 | 6pm-9pm
Water of Life Community Church
Estimated Attendance: 15,000+
Hayes Events 2024: attendance 150
A Soulful Taste of the Holidays
November 2, 2025 l 3pm-7pm
Senior Center
Estimated Attendance: 200
American Legion Post 262 2024: attendance 120
Veterans Day Celebration
November 11, 2025 | 11am-12pm
Steelworkers Auditorium
Estimated Attendance: 200
Fontana Aquatics Club 2024: attendance 1,500
Veterans Day Classic Swim Meet
November 14-16, 2025
Fontana Park Aquatic Center
Estimated Attendance: 2,000
Project Boon 2024: attendance 3,000
Eat & Be Well
November 26, 2025 | 11am-3pm
Cypress Center/Central City Parking Lot
Estimated Attendance: 1,500
New Life Church of Fontana Attendance: 75
Nelly's Story: A Kwanza Celebration
December 1-6, 2025
Steelworkers Auditorium
Estimated Attendance: 300
Fontana Foundation of Hope 2024 attendance: 1,500
IE Ronald McDonald Walk for Kids
April 26, 2026 | 8am-12pm
Fontana Park
Estinmated Attendance 2,000
Event takes place on private property. City
provided (8) light towers and (2) generators with
spider boxes. City provided PD traffic control.

Annual trunk or treat every Fall to provide a safe
and fun place for families of the surrounding
Fontana community to attend on Halloween.
8 13 Community play put on to raise awareness of the
principles of Kwanza.
12 Pre Thanksgiving celebration and resource fair
providing food and services for those in need.

Three day swim meet hosting teams from all over
San Bernardino County.
11 14 Fundraising walk to benefit Inland Empire Ronald
Mcdonald House
9 Food tasting from local caterers and restaurants to
showcase their best holiday foods. Organization had challenges with cleanliness and time allotted. Event did not start or end on time.

Event clean-up was done an hour after scheduled
time.
10 This event is a longstanding tradition dedicated to
recognizing and honoring the courageous men and
women who have served in the United States
Armed Forces.

Event was well organized and ran on time; event
organizer was present and assisted in every aspect
of the planning process.

Well organized, however renter did not show up for Sunday rental. Rental times were changed from what was originally approved. Their contracted sound company was rude and
inappriorate with staff.

Great organized event, no issues, runs smoothly
Well organized event that ran on schedule.

Well organized event, although ran a little behind
on walk start time.
153
*Events in RED are new events
2025/2026 Co-Sponsorship Descriptions Attachment B
Miss Fontana Organization 2024: attendance N/A
Miss Fontana Pageant
May - June 2026 (9 dates during this tiemframe)
Steelworkers' Auditorium
Estimated Attendance: 200
AARP 2024: attendance 35
Monthly Meetings
2nd Monday of the month l 9am-1pm
Cypress Center
Estimated Attendance: 40
Chamber of Commerce 2024: attendance 50
Chamber of Commerce Luncheon
2nd Thursday of the month l 1130am-1pm
Jessie Turner Center
Estimated attendance 115
Rehearsals and photoshoot for Miss Fontana
Scholarship Pageant
Monthly Luncheons held at Jessie Turner
Community Center January-June.
15 Event organizer ensured all dates were available
and provided details when photoshot and
rescheduled dates were needed.

Reoccuring meetings with no issues
16 Bi-monthly chapter meetings
Reoccurring meetings with on issues.
17 154
*Events in RED are new events
2025/2026 Co-Sponsorships
Organizations Applying for Event Co-Sponsorship
Attachment C
Item
# Organization Event Event Budget Value of In-Kind
City Support Tier Level
1 A Night to Remember Purple Roses International $3,000.00 $879.00 Tier 2 2 Fontana (C.A.P) Annual CAP Resource Fair and Back to School Fair $16,360.00 $2,492.00 Tier 2 3 Calvary Chapel Fontana Love Fontana $18,700.00 $1,793.00 Tier 3 4 Working Dogs for Warriors A Sound Mind $5,010.00 $1,904.00 Tier 3 5 Uplifting Arts Academy 1st Annual Mental Health Awareness and Youth Empowerment Summit $10,000.00 $1,643.00 Tier 3 6 Concerned Citizens for N. Fontana Chill-n-Grill BBQ Cook-Off $4,650.00 $3,041.00 Tier 3 7 Living Your Legacy, Inc. All GenConvention and Resource Fair $2,832.00 $1,623.00 Tier 2 8 Water of Life Community Church Trunk or Treat $45,000.00 $7,620.00 Tier 1 9 Hayes Events A Soulful Taste of the Holidays $4,000.00 $1,280.00 Tier 3 10 American Legion Post 262 Veteran's Day Celebration $1,000.00 $1,096.00 Tier 3 11 Fontana Aquatics Club Veterans Day Classic Swim Meet $11,000.00 $5,368.00 Tier 2 12 Project Boon Eat & Be Well $46,910.00 $3,019.00 Tier 3 13 New Life Church of Fontana Nelly's Story: A Kwanza Celebration $10,075.00 $2,107.00 Tier 2 14 Fontana Foundation of Hope IE Ronald McDonald Walk for Kids $28,000.00 $9,798.00 Tier 2 15 Miss Fontana Organization Miss Fontana Pageant $129,896.00 $3,716.00 Tier 2 16 AARP Troop Monthly Meetings
Every other
Tuesday 8am-1:30pm Cypress Center
17 Fontana Chamber of Commerce Chamber of Commerce Luncheon 2nd Thursday
of each month 10am-2pm Jessie Turner
TOTAL: $47,379.00
Facility Reservation Only
155
*Events in RED are new events
2025/2026 Co-Sponsorship
Cost Breakdown
Attachment D
# Organization Event Name Date & Time Location Requested Support City Support Saturday, August 2, 2025 Use of Main Banquet Room
Set Up 4pm-6pm (3) AV Staff $25p/h x 3 x 5hrs =$375
Event 6pm-8:30pm (2) CSD Staff (Facilities) $21p/h x 2 x 6hrs = $252 Breakdown 8:30pm-9:30pm (2) CSD Staff (Events) $21p/h x 2 x 6hrs = $252 $879
Saturday, August 2, 2025 Use of Miller Park
Set Up 7am-9am (6) Public Works (Parks) $55p/h x 6 x 4hrs = $1320 Event 9am-2pm (1) Public Works (Streets) $55p/h x 4hrs = $220 Breakdown 2pm-3pm (4) AV Staff $25p/h x 4 x7hrs = $700
(2) CSD Staff (Events) $21p/h x 2 x 6hrs = $252
$2,492
Saturday, August 9, 2025 Use of Miller Park
Set-up 11am-2pm (5) Public Works (Parks) $55p/h x 5 x 4hrs = $1100 Event 2pm-5pm (1) Public Works (Streets) $55p/h x 4hrs = $220 Breakdown 5pm-6pm (1) CSD Staff (APM) $24p/h x 4hrs = $96 (2) CSD Staff (Events) $21p/h x 2 x 6hrs = $252
(1) AV Staff $25p/h x 5hrs =$125
$1,793.00
Saturday, September 6, 2025 NE Corner Palmetto Ave & Merrill Ave.

Set-up 7am-9am (4) Public Works (Parks) $55p/h x 4 x 4hrs = $880 Event 9am-1pm Public Works (Streets) $55p/h x 4hrs = $220 Breakdown 1pm-2pm (2) AV Staff $25p/h x 2 x6hrs = $300
(2) CSD Staff (Healthy) $21p/h x 2 x 6hrs = $252
(2) CSD Staff (Events) $21p/h x 2 x 6hrs = $252
$1,904.00
Saturday, September 13, 2025 Use of Main Banquet Room
Set-Up 8am-12pm (2) CSD Staff (Facilities) $21p/h x 2 x 9hrs = $378 Event 12pm-7pm (2) Public Works (Facilities) $55p/h x 2 x 4hrs = $440 Breakdown 7am-8:30pm (3) AV Staff $25p/h x 3 x 11 hrs = $825 $1,643.00
Concerned Citizens for Chill-n-Grill BBQ Saturday, September 13, 2025 Fontana Park Pavilion Sports Pavilion North Fontana Cook Off Set-up 7am-10am (7) Public Works (Parks) $55p/h x 7 x 4hrs = $1,540 Event 10am-3pm Public Works (Streets) $55p/h x 4hrs = $220 Breakdown 3pm-4pm (3) AV Staff $25p/h x 3 x 7hr = $525
(4) CSD Staff (Events) $21p/h x 4 x 9hrs = $756
$3,041.00
3 Calvary Chapel Fontana Love Fontana Miller Park Amphitheater 1 Purple Roses International A Night to Remember Jessie Turner Center 2 Fontana (C.A.P) Annual CAP Resource
Fair and Back to
School Fair
Miller Park Amphitheater
Veterans Park
6 5 Uplifting Arts Academy 1st Annual Mental
Health Awareness and
Youth Empowerment
Summit
Jessie Turner Center
4 Working Dogs for Warriors A Sound Mind
156
*Events in RED are new events
2025/2026 Co-Sponsorship
Cost Breakdown
Attachment D
7 Saturday, October 4, 2025 Use of Main Banquet Room
Set-up 12pm-1pm (2) CSD Staff (Facilities) $21p/h x 2 x 4hrs = $168 Event 1pm-3pm (3) Public Works (Parks) $55p/h x 3 x 4hrs = $660 Breakdown 3-4pm (3) AV Staff $25p/h x 3 x 5hrs =$375
(4) CSD Staff (Events) $21p/h x 4 x 5hrs = $420
$1,623.00
Friday, October 31, 2025
Set-up 4pm-6pm Fontana PD for traffic control $90p/h x 8 x 6hrs = $4,320 Event 6pm-9pm (4) Public Works (Streets) $55p/h x 4 x 6hrs = $1,320 Breakdown 9-10pm (6) Public Works (Parks) $55p/h x 6 x 6hrs = $1,980 $7,620.00
Sunday, November 2, 2025 Use Multi Purpose Room
Set-up 12-3pm Public Works (Parks) $55p/h x 2 x 4hrs = $440 Event 3pm-7pm (2) CSD Staff (Facilities) $21p/h x 2 x 10hrs = $420 Breakdown 7-9pm (2) CSD Staff (Events) $21p/h x 2 x 10hrs = $420 $1,280.00
Tuesday, November 11, 2025 Use of Auditorium
Set-up 9-11am Public Works (Parks) $55p/h x 2 x 4hrs = $440 Event 11am-12pm Public Works (Streets) $55p/h x 4hrs = $220 Breakdown 12pm-1pm (2) CSD Staff $21p/h x 2 x 4hrs = $168 (2) CSD (Facilities) $21p/h x 2 x 4hrs = $168
(2) AV Staff $25p/h x 2 x 2hr = $100
$1,096.00
Fri., Nov. 14, 2025 Fontana Park Aquatic Use of Main Pool 12pm-6pm Center (3) Public Works (Parks) $55p/h x 3 x 4hrs = $660 Sat., Nov. 15, 2025 (2) CSD Staff (APM) $24p/h x 2 x 22hrs = $1,056 7am-6pm (1) CSD Staff (PM) $26 p/h x 1 x 22hrs = $572
Sun., Nov. 16, 2025 (6) CSD Staff (Lifeguards) $20p/h x 6 x 22hrs = $2,640 7am-6pm (1) CSD Staff (CSA) $20p/h x 1 x 22hrs = $440
$5,368.00
Wednesday, November 26, 2025 Central City Park Clusure of Central City Parking Lot Set-Up 6am-11am Cypress Ave. Side (4) Public Works (Parks) $55p/hr x 4 x 7hrs = $1,540 Event 11am-3pm (1) Public Works (Streets) $55p/hr x 4hrs = $220 Breakdown 3pm-4pm (10) CSD Staff (Cypress) $20p/hr x 10 x 4hrs=$800 (2) CSD Staff (Events) $21p/hr x 2 x 2hrs=$84
(3) AV Staff $25p/h x 3 x 5hrs =$375
$3,019.00
9 Hayes Events A Soulful Taste of the
Holidays
Senior Center
10 American Legion Post 262 Veterans Day
Celebration
Steelworkers Auditorium
11 Fontana Aquatics Club Veterans Day Classic
Swim Meet
12 8 Water of Life Community Church Trunk or Treat Water of Life Community Church
Living Your Legacy, Inc. All GenConvention and
Resource Fair
Jessie Turner Center
Project Boon Eat & Be Well
157
*Events in RED are new events
2025/2026 Co-Sponsorship
Cost Breakdown
Attachment D
Rehearsals Use of Auditorium
December 1-5, 2025 (1) Public Works (Streets) $55p/h x 4hrs = $220 Event Day (3) AV Staff $25p/h x 3 x 5hrs = $375
Saturday, December 6, 2025 (2) CSD Staff (Arts) $21p/h x 2 x 28hrs rehearsal = $1176 3pm-6pm (2) CSD Staff (Arts) $21p/h x 2 x 8hrs =$336
$2,107.00
Sunday, April 26, 2026 Closure of Fontana Park
Set-up 5am-8am Fontana PD for traffic control $90p/h x 12 x 6hrs = $6,480 Event 8am-12pm (4) Public Works (Streets) $55p/h x 4 x 6hr = $1,320 Breakdown 12pm-1pm (6) Public Works (Parks) $55p/h x 6 x 4hrs =$1,320 (4) CSD Staff (Events) $21p/h x 3 x 6hrs = $378
(2) AV Staff $25p/h x 2 x 6hrs =$300
$9,798.00
May-26 Use of Auditorium
5/9, 5/11-14, 5/18-5/21, 5/26-5/28 (1) Public Works (Parks) $55p/h x 4hrs = $220 Jun-26 (1) Public Works (Streets) $55p/h x 4hrs = $220
6/1-4/2026 (2) CSD Staff (Arts) $21p/h x 2 x 78hrs = $3,276 Various Times $3,716.00
TOTAL: $47,379.00
16 AARP Monthly Meetings 2nd Monday of the month Cypress Center Use of room for 50 participants 9am-1pm $0
17 Chamber of Commerce Luncheon 2nd Thursday of the month Jessie Turner Center Use of meeting room for 12 1130a-1pm $0
13 New Life Church of Fontana Nelly's Story: A
Kwanza Celebration
Steelworkers Auditorium
Facility Use ONLY
Fontana Foundation of Hope IE Ronald McDonald
Walk for Kids
Fontana Park
15 Miss Fontana Organization Miss Fontana Pageant Steelworkers Auditorium 14 158
Attachment E
Priority
1-17 Organization Event Name
Amount
Requested
Commission
Recommended
Funding
1 Purple Roses International A Night to Remember $879.00 2 Fontana (C.A.P) Annual CAP Resource Fair and Back to School Fair $2,492.00 3 Calvary Chapel Fontana Love Fontana $1,793.00
4 Working Dogs for Warriors A Sound Mind $1,904.00
5 Uplifting Arts Academy
1st Annual Mental Health Awareness and Youth
Empowerment Summit $1,643.00
6 Concerned Citizens for N. Fontana Chill-n-Grill BBQ Cook-Off $3,041.00 7 Living Your Legacy, Inc. All GenConvention and Resource Fair $1,623.00 8 Water of Life Community Church Trunk or Treat $7,620.00 9 Hayes Events A Soulful Taste of the Holidays $1,280.00 10 American Legion Post 262 Veterans Day Celebration $1,096.00 11 Fontana Aquatics Club Veterans Day Classic Swim Meet $5,368.00 12 Project Boon Eat & Be Well $3,019.00
13 New Life Church of Fontana Nelly's Story: A Kwanza Celebration $2,107.00 14 Fontana Foundation of Hope IE Ronald McDonald Walk for Kids $9,798.00 15 Miss Fontana Organization Miss Fontana Pageant $3,716.00 16 AARP Monthly Meetings $0
17 Chamber of Commerce Monthly Luncheon $0
TOTAL $47,379
Priority Rating Matrix - Parks, Community & Human Services Commission (February 2025) *Rankings are based on Commissioners prioritization
159
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0252 Agenda Date: 5/27/2025
Agenda #: I. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Authorization to Apply for the Board of State and Community Corrections Proposition 47, Cohort 5 Grant Program
RECOMMENDATION:

1. Authorize the Fontana Housing Department to apply for State and Community Corrections (BSCC) Proposition 47, Cohort 5 Grant Program.

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely submittal and execution of the State and Community Corrections Proposition 47, Cohort 5 Grant Program.

3. Adopt Resolution No. 2025-023, delegating the City Manager with signing authority to execute the State and Community Corrections Proposition 47, Cohort 5 Grant Program grant agreement, if awarded.

4. Approve and authorize the City Manager, or his designee, to execute a lease agreement with River’s Edge Ranch for the property located at 16000 Dorsey Ave (APN:0232-191-10-0000).

5. Approve and Authorize the City Manager, or City Manager’s designee, to make non-material changes to these agreements and execute any future amendments to the lease agreement.

COUNCIL GOALS:
· Practice sound fiscal management by pursing grant opportunities. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

The Board of State and Community Corrections (BSCC) released a Request for Proposals on April 11, 2025, making $127 million available for the Proposition 47 Grant Program (Prop 47).

This program provides funding to projects aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems.” (Gov.

Code, § 7599.2, subd. (a)(3)).

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File #: 25-0252 Agenda Date: 5/27/2025
Agenda #: I. Category: Consent Calendar
Prop 47 grant funds must be used for one or more of the following:
· mental health services, and/or
· substance use disorder (SUD) treatment, and/or
· diversion programs
The Prop 47 program requires that the applicant partner with Community-Based Organization that will provide the direct services to the community. The City’s proposed three-year program will partner with River’s Edge Ranch who currently provides a three-phased recovery program focused on transforming the lives of men battling addiction, homelessness, and incarceration. A significant portion of the organization’s participants have ties to the City of Fontana.

Rooted in structure, accountability, hard work, animal therapy, their program is designed to restore men to their families, communities, and purpose. Phase One introduces participants to a structured daily routine that includes ranch and animal work, group studies, counseling, and recovery meetings.

After 30 days, participants move onto Phase 2 where they begin to take on leadership roles and help guide newer ranchers. This stage includes more focused mentorship, increased responsibilities, and opportunities to serve at community events. Lastly, Phase Three focuses on preparing men for successful reentry into society. Case Management assist program participants with job placement, financial planning, transportation, and help them secure reliable vehicles. Through this partnership, the City intends to expand the program to allow for reunification of successful participants and their families. Previously, River’s Edge has been limited to only providing Phase 3 housing to individuals through congregate-style housing. This new component will allow for families and children, the opportunity to start the healing process through various types of family-specific counseling and support services.

Additionally, the City currently owns the three-unit multifamily property located 16000 Dorsey Ave (APN: 0232-191-10-0000) which has been identified as “graduate units” for the City’s Pathway to Housing program. In collaboration with River’s Edge, these units will provide wrap-around supportive services for successful participants that are moving into Phase Three of their program.

The City would contingently apply for the appropriate amount of funding that aligns the eligible funding categories with the City’s current homeless programming. If funding is awarded, staff will request City Council approval for acceptance.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in Board of State and Community Corrections Proposition 47, Cohort 5 Grant Program funds in the amount of the application submitted which is expected to be between $2 million and $8 million. Currently, the budget is being finalized as part of the application process. There is no match required for this grant.

The required budget adjustments will be included in the first available quarterly budget report after grant award in Fund 301, if received.

MOTION:

Approve Staff Recommendation.

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RESOLUTION NO. 2025-023

AUTHORIZING RESOLUTION OF CITY OF FONTANA , CALIFORNIA

AUTHORIZING THE CITY MANAGER , OR HIS DESIGNEE, TO

EXECUTE THE GRANT AGREEMENT AND ANY OTHER DOCUMENTS
RELATED TO THE PROPOSITION 47 GRANT ADMINISTERED BY THE BOARD OF STATE AND COMMUNITY CORRECTIONS.

All, or a necessary quorum and majority of the City Council of the City of Fontana, California, municipality, hereby consents to, adopts, and ratifies the following resolution:

WHEREAS, the City of Fontana desires to participate in the Proposition 47 Grant administered by the Board of State and Community Corrections (hereafter referred to as BSCC).

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

The City Manager, or his designee, be authorized on behalf of the City Council of the City of Fontana to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

BE IT FURTHER RESOLVED that the City of Fontana agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.

APPROVED AND ADOPTED this 27th 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 Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting held on the 27th day of May, 2025, by the following vote to-wit:
162
Resolution No. 2025-023

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk

163
16498.00100\43782160.1

LEASE AGREEMENT

BETWEEN THE CITY OF FONTANA

AND THE RIVERS EDGE RANCH

THIS LEASE AGREEMENT (hereinafter “ Lease”) is entered into by and between the CITY OF FONTANA , a California municipal corporation (hereinafter “ Landlord”), and THE RIVERS EDGE RANCH, a California non-profit corporation (hereinafter “Tenant”). Tenant and Landlord are sometimes individually referred to as “Party” and collectively as “Parties.”

1. RECITALS

1.1 WHEREAS, Landlord is the fee simple owner of that certain real property located at 16000 Dorsey Avenue, City of Fontana, County of San Bernardino, State of California (Assessor Parcel No. 0232-191-10-000), more particularly described in atta ched Exhibit “A” (the “Property”); and

1.2 WHEREAS, Tenant will lease the Property from Landlord for the purpose of, inter alia, providing a shelter and related services to persons who are homeless or at risk of homelessness; and

1.3 WHEREAS, Landlord and Tenant desire to enter into thi s Lease for a term of one (1) year with four (4) options to extend for (1) year each , upon the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

2. TERMS

2.1 Parties.

2.1.1 Tenant is a California non -profit corporation. Tenant will operate the Property in accordance with this Lease.

2.1.2 Landlord is a municipal corporation and, by this Lease, seeks to make the Property available to Tenant for purposes of providing shelter to persons experiencing homelessness. At times, this Lease may refer to the Landlord as acting in a regulatory capacit y, and refer to the City in its capacity as regulator or administrator of public programs. This Lease shall not be construed as a regulatory approval or a waiver of the City’s right to act in a regulatory capacity.

2.2 Right of Possession. Landlord hereby lea ses to Tenant and Tenant hereby leases from Landlord, the Property on the terms and conditions hereinafter set forth in this Lease.

2.2.1 Components of the Property. Upon the delivery of all of the herein described components, the Property shall comprise of three separate living areas, as described in the Site Plan attached hereto as Exhibit B, and described as follows:
164
16498.00100\43782160.1

2 | P a g e

(a) A three-unit multi-family residence with common areas (“Residence”).

2.3 Term. The term of this Lease shall begin on _______, 2025 (“Effective Date”) and shall end one (1) year after the Effective Date (“ Term”) unless terminated earlier as provided in Section 4 herein. Tenant shall have the right to extend the Term of this Lease for four (4) additional terms (each a 'Renewal Term') of one (1) year each. The terms and conditions for each Renewal Term shall be the same terms and conditions as set forth in this Lease. Tenant shall automatically be deemed to have exercised Tenant’s option to renew this Lease for a Renewal Term unless (1) Tenant notifies Landlord in writing of Tenant’s intention not to extend this Lease at least thirty (30) days prior to the expiration of the first Term or any Renewal Term, or (2) Tenant is in material default of this Lease and Tenant has failed to cure said default within the applicable cure period.

2.3.1 Mobilization Period. Tenant shall have a mobilization period of thirty (30) days from the Effective Date. During the Mobilization Period, Tenant shall not be required to accept any Residents or evaluate any Eligible Resident. For the avoidance of doubt, Landlord shall not be permitted to terminate this Lease during the Mobilization Period. Subject to the foregoing, Tenant shall otherwise comply with all applicable provisions of this Lease during the Mobilization Period, and shall provide reasonable efforts to secure the Property during the Mobilization Period and be responsible for maintenance, repair, and damage to the Property as set forth in this Lease.

2.4 Rent. Within three (3) days of the Effective Date or the first day of each Renewal Term, Tenant shall pay to Landlord, as rent for leasing the Property, one ($1.00) dollar per year.

Rent also includes all other monetary and non -monetary obligations of Tenant to Landlord under this Lease.

2.5 Use.

2.5.1 The Property shall be used by Tenant in accordance with the zoning ordinances and re gulations of the City of Fontana to provide permanent supportive housing to Eligible Residents, defined below, and related support services, the scope and nature of which may be modified during the lease term, including but not limited to family counseling, peer support counseling and case management. Tenant shall not use or permit the Property to be used for an y other purposes, without the prior written consent of Landlord, which consent may be withheld or conditioned on Landlord's sole and absolute discretion.

2.5.2 Tenant agrees and acknowledges that the provision of permanent supporting housing to Eligible Reside nts shall be made in accordance with all applicable requirements imposed by state and federal law, and all requirements of this Lease.

2.6 Provision of Permanent Supportive Housing.

2.6.1 Eligible Residents. For purposes of this Lease, the term "Eligible Resident shall mean any individual who meets the definition of “homeless” or “at risk of homelessness” as defined in Sections 576.2 and 578.3 of Title 24 of the Code of Federal Regulations, which includes but is not limited to:
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(a) any individual who lacks a fixed, regular, and adequate nighttime residence; and
(b) any individual who has a primary nighttime residence that is — a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); or
an institution that provides a temporary residence for individuals intended to be institutionalized; or
a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

An Eligible Resident selected for occupancy at the Property is hereafter referred to as a “Resident.”

2.7 Obligation to Refrain from Discrimination. Subject to applicable law, Tenant may restrict dwelling spaces within the Property, or, at Tenant’s election, all dwelling spaces within the Property, on the basis of sex , pursuant to the Emergency Housing and Assistance Program laws and regulations. (Health & Saf. Code, §§ 50800 et seq.; Cal. Code Regs., tit. 25, §§ 7950 et seq.) (the “Occupancy Restriction”). Except for the Occupancy Restriction, Tenant covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property (or any part thereof) that there shall be no discrimination against or segregation of any person, or group of persons on account of sex, handicap status, marital status, race, color, religion, creed, national origin or ancestry in the lease, sublease, transfer, use, occupancy, tenure or enjoym ent of the Property nor shall the Tenant, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, or sublessees of the Property.

Tenant shall provide each occupant with a written notice stating as follows:
“There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the property nor shall the resident himself or herself, or any person claiming under or through him or her, establish or per mit any such practice or practices of discrimination or segregation with reference to the selection, location or number of or use or occupancy by any resident of the property."
Tenant shall at all times comply with applicable nondiscrimination and accessibility requirements Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq and implementing regulations); the Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq. and implementing regulations); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 and implementing regulations); the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq. and implementing regulations); Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq. and implementing regulations); the provisions of the Fair Employment and Housing Act (Gov. Code 166
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§12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Except to the extent required by law, nothing in this Lease shall preclude Tenant from claiming an exemption to Title VII of the Civil Rights Act for employment practices of faith-based organizations.

2.8 Waste and Nuisance. Tenant shall not commit any waste on or about the Property, nor commit or maintain any public or private nuisance on or about the Property. Tenant shall use its best efforts to prevent any third party from committing any waste on or about the Property, or from committing any public or private nuisance on or about the Property.

2.9 Compliance with Laws, Rules, Regulations. Tenant shall at all times comply with the requirements of local, state and federal laws, rules, orders and regulations now in force or which may hereinafter be in force (“ Regulations”). In order to comply with the Regulations, Tenant shall obtain, at its sole cost and expense, all licenses, permits and approvals that the Regulations require for the use or operation of the Property, including but not limited to, any conditional or special use permit required by the City of Fontan a Municipal Code. The Tenant shall maintain all licenses, permits and approvals throughout the Term or Renewal Term of this Lease.

2.10 Repairs and Maintenance.

2.10.1 Tenant shall keep the Property in good, clean condition and repair as set forth herein and in a clean and sanitary manner and shall surrender the same at termination hereof in as good condition as received, normal wear and tear excepted. Tenant shall be responsible, at its sole cost, expense and liability , for maintaining and making repairs, restorat ions and replacements (as necessary) to the interior of the Property, all Tenant improvements and fixtures, roof, foundations, floor and exterior walls of the Property, including, without limitation, the plumbing and heating, electrical, ventilation and ai r-conditioning systems. Landlord reserves the right to promptly cause repairs or maintenance required by damage to the Property that is Tenant’s responsibility under this section, and Tenant shall reimburse Landlord within thirty (30) days of invoice for the cost of all such repairs or maintenance.

2.10.2 Tenant agrees to exercise reasonable care to the following (a) To keep the premises clean and sanitary and to dispose of all rubbish, garbage and other waste, in a clean and sanitary manner; (b) To properly use and operate all electrical, gas, and plumbing fixtures and keep the same clean and sanitary;
(c) To promptly advise Landlord of any items requiring repair, including any locks, light switches, smoke detectors, appliances, and heating and air conditioning (if provided), or any condition that might need repair, including any leaks, drips, or water fixtures that do not shut off properly (e.g. a toilet or faucet); 167
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(d) To keep doors and windows and access to them unobstructed and to not block them with personal items or otherwise to maintain clear pathways into and through each room in the Property;
(e) To maintain the Property in a manner that allows necessary access through each room and to all doors and windows, does not inhibit necessary airflow, does not act as a potential haven for pests and mold growth, does not create a fire hazard, and allows rooms to be used for their intended purposes;
(f) To leave the Property in the same condition as it was received, subject to normal wear and tear, and
(g) To return the Property, upon vacating, to the same level of cleanliness it was in at the inception of the tenancy.

Prior to the Tenant undertaking any repair or maintenance service for which the anticipated cost shall exceed two thousand five hundred dollars ($2,500), the Tenant shall furnish the Landlord with written notice. No such repair or maintenance services shall commence unless and until the Landlord has provided approval. Upon receipt of the Landlord’s approval, the Tenant shall be authorized to proceed with the aforementioned repair or maintenance services.

2.10.3 Tenant acknowledges that any improvements, alterations, or repairs may be subject to the payment of prevailing wage under the provisions of the California Labor Code.

To the extent any such work is subject to prevailing wage requirements, the following shall apply:
(a) Tenant shall and shall cause its service provider, contractors, and subcontractors to: pay prevailing wages as those wages are determined pursuant to Labor Code Sections 1720 et seq.; employ apprentices as required by Labor Code Sections 1777.5 et seq.; and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the Department of Industrial Relations (the “DIR”) for all such Labor Code sections. (b) Tenant shall indemnify, hold harmless and defend (with counsel reasonably selected by the Landlord), to the extent permitted by applicable law, Landlord against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Tenant, or its contractors or subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to hire apprentices in accordance with Labor Code Sections 1777.5 et seq., or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the DIR in connection with Tenant’s Work. The provisions of this Section shall survive termination of this Lease. (c) Tenant covenants and agrees to indemnify, PROTECT, defend with counsel acceptable to Landlord, and hold harmless Landlord and the Property from all claims, fines, penalties, liens, or demands arising out of any work performed, materials furnished, or obligations incurred by or for Tenant upon the Property during the Term and any renewal thereafter. The provisions of this section shall survive termination of this Lease. 168
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2.10.4 Graffiti. In addition to any other maintenance obligation herein, Tenant shall promptly remove any graffiti on the Property within twenty-four (24) hours of its occurrence.

2.10.5 Landscaping. Tenant shall have the sole responsibility, at its sole cost and expense, for the maintenance, care, and replacement of all landscaping on the Property throughout the Lease Term and subsequent renewals thereof. Tenant shall maintain the landscaping in a clean, neat, and well-maintained condition, and in compliance with the requirements of the City of Fontana Municipal Code.

2.11 Destruction of Premises.

2.11.1 Termination of Lease . If, during the term of this Lease and any renewal term, the Property and other improvements on the Property are totally or partially destroyed and as a result the Property is totally or partially inaccessible or unusable, then either Tenant or Landlord can elect to terminate this Lease by giving at least fifteen (15) days written notice.

2.11.2 Procedures for Repair and Restoration . In the event of any damage or destruction, Tenant shall promptly give Landlord written notice of such damage or destruction and the date on which such damage or destruction occurred. Tenant shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valid claims which Tenant may have against insurers or others based upon any such damage or destruction. All insurance proceeds shall first be paid to Landlord for the cost of restoration or replacement of the Property in accordance with the designation of Landlord as a loss payee under this Lease.

2.11.3 RESERVED.

2.12 Condition of Property. Tenant acknowledges that it has examined the Property and shall take possession of same in an AS-IS condition. Tenant acknowledges and agrees that Landlord has made absolutely no representations or warranties regarding whether the Property is suitable to provide shelter and related services to homeless persons.

2.13 Alterations and Additions . Tenant, at its sole cost and expense, may make any alterations, improvements or additions in, about or of the Property, but only with the prior written consent of Landlord and only upon terms and conditions mutually agreed upon in writing between Landlord and Tenant.

2.14 Entry and Inspection. Tenant shall permit Landlord or Landlord's agents to enter the Property at all times upon reasonable prior oral or written notice for the purpose of inspecting the Property and for otherwise determining Tenant's compliance with this Lease.

2.15 Assignment and Subletting . Tenant shall not assign or sublease its leasehold interest in the Property without the prior written approval of Landlord.

2.16 Assumption of Risk, Waiver, and Landlord’s Non -liability. To the maximum extent allowed by law, except for Landlord's willful or negligent acts, Tenant assumes any and all risk of loss, damage or injury of any kind to any person or property wh ich is on or about the Property. Tenant's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the Property, accident, fire or other casualty on the 169
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Property. To the maximum extent allowed by law, except for Landlord's willful or negligent acts, or as expressly provided in this Lease, Tenant hereby waives all claims and demands against Landlord and Landlord's officials, officers, employees, volunteers and agents for injury to persons, damage to property or any other interest of Tenant sustained by Tenant or any person claiming to be Tenant resulting from any occurrence on or about the Property.

Tenant has been advised by its legal counsel concerning the content and effect of California Civil Code Section 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Tenant hereby waives the benefits of Civil Code Section 1542 and all other state or federal statutes or judicial decisions of similar effect. The provisions of this Section shall survive the termination of this Lease.

______ Tenant's Initials

2.17 Indemnification.

2.17.1 Indemnification. Tenant agrees to defend (in accordance with Section 2.18), indemnify and hold harmless Landlord, the City, its respective officials, officers, empl oyees, volunteers and agents (collectively, "Indemnified Parties") from and against any and all claims, losses, actions, damages, liabilities, and expenses (including attorneys' fees) that (i) arise from or are in connection with any negligent or willful act or omission of Tenant or Tenant's officials, officers, employees, volunteers, agents, guests, licensees, invitees, or subtenants (if applicable); or (ii) result from any breach, default, violation or nonperformance by Tenant of this Lease, or applicable federal, state, or local law ; or (iii) arise from injury or death to persons or damage to property sustained on or about the Property. Tenant must pay, satisfy and discharge any and all money judgments that may be recovered against any Indemnified Party in connection with the foregoing. Tenant's obligation hereunder shall survive termination of this Lease, and shall not be restricted to insurance proceeds, if any, received by any Indemnified Party. Tenant's obligation to defend, indemnify and hold harmless the Indemnified Parties pursuant to the foregoing paragraph shall not apply to any discretionary approvals made by the City. Tenant shall not be obligated to defend, indemnify or hold harmless any Indemnified Party to the extent any claim, loss, actio n, damage, liability, or expense (including attorneys' fees) is ultimately determined to be the result of the negligent or willful misconduct of that particular Indemnified Party or any of its officials, officers, employees, volunteers or agents.

2.17.2 RESERVED.

2.18 Duty to Defend . Upon written request from an Indemnified Party, Tenant or Landlord, as applicable, shall defend (with counsel acceptable to that Indemnified Party, in the Indemnified Party's reasonable discretion) any claim, lawsuit, administrative actio n or other 170
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proceeding brought against the Indemnified Party by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this Lease for which Tenant has an obligation to defend, Tenant shall pay all rea sonable costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. The obligations of Tenant pursuant to this Section shall survive the termination or expiration of this Lease.

2.19 Taxes; Revenue and Taxation Code § 107.6 . A possessory property interest may be created by this Lease which may be subject to property taxation, and Tenant may be subject to the payment of property taxes levied on such interest by the appropriate taxing authority. Tenant is required to pay any such tax directly to the appropriate taxing authority. In addition, if personal property taxes are assessed, Tenant shall pay any portion of such taxes directly attributable to the Property. Except as provided above, Landlord shall pay any real property taxes, assessments and deferred taxes on the Property.

2.20 Financial Statements . Tenant shall provide Landlord with financial statements related to the Tenant’s operations at the Property upon Landlords request.

2.21 Utilities. The utilities at the Property will be arranged for and contracted for by the Tenant. Unless Landlord approves other utilities in writing, the utilities shall include: gas, electric, trash, recycling, and water.

3. INSURANCE

3.1 Time for Compliance. This Lease shall not commence until Tenant has provided evidence satisfactory to the Landlord that it has secured all insurance required under this Section.

3.2 Insurance Requirements. Tenant shall, at its expense, procure and maintain for the duration of this Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the possession, use, occupancy, management, operation, repair, maintenance or control of the Property by the Tenant and/or its officers, officials, agents, representatives, volunteers or employees.

3.2.1 Minimum Scope of and Limits of Coverage . Coverage shall be at least as broad as the latest version of the followi ng: (A) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (B) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (C) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance ; and (D) Sexual Abuse and Molestation Coverage . Tenant shall maintain limits no less than: (A) General Liability:
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general 171
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aggregate limit shall apply separately to this Lease/location or the general aggregate limit shall be twice the required occurrence limit; (B) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; (C) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease ; and (D) Sexual Abuse and Molestation Coverage: $1,000,000 per occurrence.

3.2.2 Fire and Extended Coverage. Tenant shall also procure and maintain, at its own expense, for the duration of this Lease fire and extended coverage insurance for Tenant's fixtures, goods, wares, or personal property on or in the Property.

3.2.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Tenant or the primary insured shall provide endorsements on forms supplied or approved by the Landlord to add the following provisions to the insurance policies:
(a) General Liability and Sexual Abuse and Molestation Coverage. The General Liability policy and Sexual Abuse and Molestation Coverage shall be endorsed to state that: (A) the Landlord, its directors, officials, officers, employees, volunteers and agents shall be covered as additional insure ds with respect to the posses sion, use, occupancy, management, operation, repair, maintenance or control of the Property by the Tenant and its officers, officials, agents, representatives, volunteers, employees, and Residents; and (B) the insurance coverage shall be primary insurance with respect to the Landlord, its officials, officers, employees, volunteers and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Tenant's scheduled underlying coverage. Any insurance or self -insurance maintained by the Landlord, its directors, officials, officers, employees, volunteers and agents shall be excess of the Tenant's insurance and shall not be called upon to contribute with it. Landlord shall be named as a loss payee for damage to improvements on the Property on a form reasonably acceptable to Landlord. (b) Automobile Liability . The automobile liability policy shall be endorsed to state that: (A) the Landlord, its directors, officials, officers, employees, volunteers and agents shall be covered as additional insured s with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Tenant or for which the Tenant is responsible; and (B) the insurance coverage shall be primary insurance with respect to the Landlord, its directors, officials, officers, employees, volunteers and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Tenant's scheduled underlying coverage. Any insurance or self -insurance maintained by the Landlord , its directors, officials, officers, employees, agents and volunteers shall be excess of the Tenants insurance and shall not be called upon to contribute with it.
(c) Workers' Compensation and Employers Liability Coverage . The insurer shall agree to waive all rights of subrogation against the Landlord, the City and their directors, officials, officers, employees, volunteers and agents for losses paid under the terms of the insurance policy which arise from work performed by the Tenant. (d) All Coverages. Each ins urance policy required by this Lease shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given 172
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to the Landlord; and (B) any failure to comply with reporting or other provisions of the policies, including, breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers and other additional insured.

3.2.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protect ion afforded to the Landlord, the City and their directors, officials, officers, employees, volunteers and agents. All policies shall waive any right of subrogation of the insurer against the Landlord, the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Tenant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Tenant hereby waives its own right of recovery against Landlord, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses.

3.2.5 Deductibles and Self-Insurance Retentions. Landlord may require that any deductibles or self-insured retentions must be declared to and approved by the Landlord. Tenant shall ensure that, at the option of the Landlord, either: (A) the primary insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Landlord, its directors, officials, officers, employees and agents; or (B) the primary insured shall procure a bond guaranteeing payment of loss es and related investigation costs, claims and administrative and defense expenses.

3.2.6 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed and admitted to do business in California, and satisfactory to the Landlord or as approved by the Landlord’s risk manager.

3.2.7 Verification of Coverage . Tenant shall furnish Landlord with original certificates of insurance and endorsements affecting coverage required by this Lease on forms satisfactory to the Landlord. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the Landlord if requested. All certificates and end orsements must be received and approved by the Landlord. The Landlord reserves the right to require complete, certified copies of all required insurance policies, at any time.

4. TERMINATION.

4.1 Landlord. Without limiting its ability to seek other remedies (ei ther at law or in equity) that may be available to it pursuant to statute or judicial decision, Landlord may terminate this Lease and all of its obligations hereunder, at its option, upon the occurrence of any of the following:

4.1.1 Tenant's breach of any of its non-monetary obligations under this Lease and failure to cure such breach within thirty (30) days after receipt of written notice from Landlord or, if such cure cannot be completed within thirty (30) days, Tenant's failure to commence such cure within 30 days after its receipt of written notice and thereafter diligently prosecute such cure to 173
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completion, provided that the period to cure shall not exceed ninety (90) days from written notice; or

4.1.2 Tenant's breach of any of its monetary obligations under this Lease and failure to cure such breach within ten (10) days after receipt of written notice from Landlord.

4.1.3 Landlord serving written notice, not less than ninety (90) days, of its intent to terminate the Lease without cause.

If this Lease is terminated pursuant to this Section 4, Tenant hereby expressly, knowingly and voluntarily waives any and all rights, benefits and/or assistance it may be entitled to receive from Landlord due to such termination, including, without limitation, loss of goodwill, inverse condemnation, or relocation assistance as provided for in California Government Code Sections 7260, et seq. and 42 U.S.C. Sections 4601, et seq.

Tenant has been advised by its legal counsel concerning the content and effect of California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

Tenant hereby waives the benefits of Civil Code Section 1542 and all other state or federal statutes or judicial decisions of similar effect.

______ Tenant's Initials

4.2 Tenant. Tenant may terminate this Lease upon (i) Landlord's breach of any of its obligations under this Lease and Landlord's failure to cure such breach within thirty (30) days after receipt of written notice from the Tenant or, if such cure cannot be completed wi thin thirty (30) days, Landlord's failure to commence such cure within thirty (30) days after its receipt of written notice and thereafter diligently prosecute such cure to completion , or (ii) in the event the cost of Tenant’s maintenance and repair oblig ation would exceed an aggregate amount of Twenty Thousand Dollars ( $20,000.00) between January 1 and December 31 of any year during this Agreement, and the maintenance or repair is not required due to the negligence or willful misconduct of Tenant, or its employees, agents, or volunteers.

5. ENFORCEMENT OF LEASE

5.1 Governing Law and Venue. This Lease shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Lease shall be deemed to have been made in the County of San Bernardino, California, regardless of the order of the signatures of the parties affixed hereto. Any litigation or other legal proceedings that arise under or in 174
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connection with this Lease shall be conducted in a federal or state court located within or for the County of San Bernardino, California. Tenant consents to the personal jurisdiction and venue in federal or state court located within or for the County of San Bernardino, California and hereby waives any defenses or objections thereto including defenses based on the doctrine of forum non conveniens.

5.2 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Landlord's consent or approval of any act by Tenant requiring Landlord’s consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act of Tenant. Any waiver by any party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease.

5.3 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be excl usive in this Lease, the rights and remedies of the parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by that party, at the same or different times, of any other rights or remedie s for the same default or any other default by the other party.

5.4 Legal Action. In addition to any other rights or remedies, any party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Lease, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Lease.

5.5 Attorneys' Fees. If any party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party.

6. MISCELLANEOUS PROVISIONS

6.1 Construction; References; Captions . Since the parties or their agents have participated fully in the preparation of this Lease, the language of this Lease shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Tenant include all personnel, employees, agents, and subcontractors of Tenant, except as otherwise specified in this Lease. All references to Landlord include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Lease. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Lease.

6.2 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the parties.

6.3 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below, or provided by email with written confirmation of receipt from the receiving party. Alternatively, the Parties may 175
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give notice under this Lease by email to the email addresses provided above, but not such email shall be deemed effective until the receiving party confirms receipt. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.

To Landlord: To Tenant:

CITY OF FONTANA

THE RIVERS EDGE RANCH

Attention: City Manager Attention: Doug Whiteman
8353 Sierra Avenue 33433 Haynes Road
Fontana, CA 92335 Lucerne Valley, CA 92356
Email:[email protected]
Phone: (909) 350-7654
Email:[email protected]

Copy to:

Copy to:

BEST BEST & KRIEGER LLP

Attention: Ruben Duran, Esq.

City Attorney
2855 E. Guasti Rd., Suite 400

Ontario, CA 91761
Email: [email protected]
Phone: (213) 787-2569

6.4 Integrated Agreement. This Lease contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Lease.

6.5 Amendment. This Lease may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties.

6.6 Counterparts. This Lease may be signed in counterparts, each of which shall constitute an original.

6.7 Exhibits. All exhibits attached hereto are hereby incorporated by reference as if fully set out in the body of this Agreement.

6.8 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Lease shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this 176
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Lease which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.

6.9 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Lease on behalf of said parties and that by so executing this Lease the parties hereto are formally bound to the provisions of this Lease.

6.10 Independent Representation by Counsel. The parties represent and declare that in executing this Lease they rely solely upon their own judgment, belief and knowledge, and the advice and recommendations of their own independently-selected counsel, concerning the nature, extent and duration of their rights and claims hereunder, and that, except as provided herein, they have not been influenced to any extent whatsoever in executing this Lease, by any representations, statements or omissions pertaining to any of the matters herein contained by any party or by any persons representing any party.

6.11 Binding Effect. This Lease shall bind and inure to the benefit of the parties, their respective heirs, successors and assigns.

6.12 Quiet Enjoyment. Tenant shall have the right to lawfully, peaceably and quietly hold, occupy and enjoy the Premises during the Lease Term without hindrance, ejection or molestation, so long as Tenant observes the covenants, ag reements and stipulations required of Tenant under this Lease.

6.13 Memorandum of Lease and Other Recordings Required by Funding Requirements.

The Landlord may record in the San Bernardino County Recorder’s Office this Lease or a memorandum of this Lease in a form approved by the City Manager and the City Attorney, which memorandum shall be lawfully executed by Tenant upon request by City. 177
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SIGNATURE PAGE TO LEASE AGREEMENT

BETWEEN THE CITY OF FONTANA

AND THE RIVERS EDGE RANCH

TENANT

THE RIVERS EDGE RANCH, a California
non-profit corporation

LANDLORD

CITY OF FONTANA, a California
municipal corporation

By: __________________________________

Its:
___________________________________
By:
__________________________________
Matthew C. Ballantyne, City Manager

Dated:
________________________________
Dated:
________________________________

By:
___________________________________

Its:
___________________________________

Dated:
________________________________

ATTEST:

By:
__________________________________
City Clerk

ATTEST AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP

By:
__________________________________
City Attorney

178
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Exhibit “A”
Description of Property

Assessor Parcel No. 0232-191-10-0000

179
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17 | P a g e

Exhibit “B”
Site Plan

180
16498.00100\43782160.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF STATE )
) ss.

COUNTY OF SAN BERNARDINO )
On , before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above
181
16498.00100\43782160.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF STATE )
) ss.

COUNTY OF SAN BERNARDINO )
On , before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity up on behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

182
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0250 Agenda Date: 5/27/2025
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case (MCN) No. 25-0025 - Municipal Code Amendment (MCA) No. 25-0006: For amendments to the Fontana Municipal Code to amend multiple sections of Chapter 30 (Zoning and Development Code) relating to parking requirements in the Sierra Core District of the Form-Based Code, minimum dimensions for private open space in the Form-Based Code, minimum width of rowhouses in the Form Based Code, minimum queuing and study requirements for drive-through restaurants, screening requirements for mechanical/utility equipment, and to eliminate redundant code language, pursuant to Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines, section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA.

RECOMMENDATION:

1. ​​Determine that this Ordinance is not a project pursuant to Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines, Section No. 3.22 and 3.04 of the 2019 Local Guideline for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly, and it can be determined with certainty that there is no possibility that the activity in question may have significant effect on the environment and is therefore not subject to CEQA; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1970, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0025 and Municipal Code Amendment No. 25-0006 to amend multiple sections of Chapter 30 (Zoning and Development Code) relating to parking requirements in the Sierra Core District of the Form-Based Code, minimum dimensions for private open space in the Form-Based Code, minimum width of rowhouses in the Form Based Code, minimum queuing and study requirements for drive-through restaurants, screening requirements for mechanical/utility equipment, and to eliminate redundant code language; and the reading of the title constitutes the first thereof.​ COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Promote economic development by establishing a quick, consistent development process. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· 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.

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File #: 25-0250 Agenda Date: 5/27/2025
Agenda #: A. Category: Public Hearing
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.

DISCUSSION:

Background:

The Planning Commission reviewed Master Case No. 25-0025 and Municipal Code Amendment No. 25-0006 during its May 7, 2025, meeting. At the conclusion of the hearing, the Planning Commission adopted Resolution PC No. 2025-015 to recommend approval of Municipal Code Amendment No. 25 -0006 to the City Council.

Analysis:

The City of Fontana Zoning and Development Code regulates the development of commercial, industrial, and residential projects. Staff conducts ongoing reviews of the municipal code to determine where language within the code would benefit from updates, clarification, and/or redefinition to the help streamline zoning and facilitate the development process.

Form-Based Code - Parking in Sierra Core District: Modifications to allow certain commercial land uses within 400 feet of a City-owned parking facility to be exempt from parking standards.

Form-Based Code - Private Open Space: Modifications to allow greater flexibility in the provision of private open space for residential units by reducing the minimum dimensions while maintaining the minimum area to be provided per unit.

Form-Based Code - Building Standards: Amendments to development and design standards for rowhouse building types to allow for greater flexibility while maintaining high design standards.

Drive-Thru Restaurants: Modifications to standards pertaining to drive-thru restaurants related to queuing and studies to provide for flexibility related to operators.

Mechanical/Utility Equipment Screening Requirements: Amendments to the screening requirements for mechanical/utility equipment to authorize the Director of Planning to waive certain equipment screening requirements based on infeasibility.

Redundant Language in the Form-Based Code: Amendments to remove redundant language in the Form-Based Code related to building types and districts in which they are allowed.

In summary, the proposed amendments will provide for flexibility and streamlining of the city’sZoning and Development Code to facilitate desirable development within the city.

FISCAL IMPACT:

None
MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

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File #: 25-0250 Agenda Date: 5/27/2025
Agenda #: A. Category: Public Hearing
Attachment No. 1 - Ordinance No. 1970
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - Draft Planning Commission Minutes - 5/6/25 Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
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