Fontana City Council
October 28, 2025

Tuesday, October 28, 2025
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1976 Reso. No. 2025-102
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 Regular Agenda October 28, 2025
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Council Chambers is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office.

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

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

PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(d)(1)
Case: Malko Malko vs. City of Fontana Workers ’
Compensation
Claim Number: 231000090

2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957.6 City Negotiator:
25-0617

2 City Council Meeting Regular Agenda October 28, 2025
John Bakhit, Labor Counsel and Matt Ballantyne, City
Manager. Employee Organization: Police Management
Association

3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957.6
City Negotiator: Mayor Acquanetta Warren and Mayor Pro
Tem Peter Garcia
Employee Organization(s): City Manager, Unrepresented
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

CEREMONIAL ITEMS:

A. Ceremonial Items
A. Mayor Warren and City Council to recognize Corporal
Kevin Anderson, Officers Aaron Alcala, Cody Chick,
Brandon McCaulley and Anthoniey Rodriguez, Dispatcher II Genevieve Blanco, Dispatcher I Melissa Lucero & Dispatch Call Taker Erika Lopez as September 2025 Employees of
the month.
25-0625
B. Mayor and City Council to recognize Fontana City Council Member Jesse Sandoval, San Bernardino County
Supervisor Jesse Armendarez, and FUSD Board President
Adam Perez for their donations to the 2025 Dr. Charles
Koehler Writing and Art Contest.
25-0552
C. Mayor and City Council to recognize Knights of Columbus for their donation.
25-0619
D. Mayor and City Council to proclaim October as National Homeless Awareness Month.
25-0618
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

3 City Council Meeting Regular Agenda October 28, 2025
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 25-0614
Approve the minutes of the October 14, 2025, Regular City Council Meeting.

Attachment No. 1- City Council Meeting Minutes
10-14-2025.docx
Attachments:

B. Adoption of Ordinance No. 1973 (Second Reading) ,
approving Master Case No. 25-0047 and Municipal Code
Amendment No. 25-0008: Fontana Municipal Code
amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code
25-0615
Conduct a second reading by title only and adopt Ordinance No. 1973, approving Master Case No. 25-0047 and Municipal Code Amendment No. 25-0008 to amend Chapters 26, 30 (Zoning and Development Code) and 33 of the Fontana Municipal Code, including modifications to the restaurant definition and operating standards, temporary use permits for temporary offices, development standards for the R-4 zone and overlay, administrative procedures for administrative site plan and design review entitlements, tentative parcel map and tentative tract map time extensions and curbside delivery for cannabis retail storefronts.

Attachment No. 1- Ord 1973.docxAttachments:

C. Adoption of Ordinance No. 1975 (Second Reading) ,
Adoption of the 2025 Edition of the California Building Standards Code and Corresponding Base Model Codes
25-0616
Conduct a second reading by title only and adopt Ordinance No. 1975, an ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National

4 City Council Meeting Regular Agenda October 28, 2025
Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland-Urban Interface Code based on the 2024 International Wildland-Urban Interface Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2025 International Residential Code; and the 2025 Edition of the International Property Maintenance Code.

Attachment No. 1 - Ord. 1975.docxAttachments:

D. Video Management System Replacement 25-0535

1. Authorize the Purchasing Division to “Piggy-Back” from the Omnia Partners contract (#R250206) for the purchase and implementation of the Verkada Video Management System (VMS) per Purchasing Policies and Procedure Manual 3.1.5 (Cooperative Purchasing Agreement) to replace the City ’s existing Hexagon Ocularis system, which has reached end of life and end of support.

2. Approve the purchase from VectorUSA of Rancho Cucamonga, CA in the amount of $735,807.81.

Attachment No. 1- 25-02_-_Executive_Summary.pdf
Attachment No. 2- Revised Verkada Pricing.pdf
Attachments:

E. Approve Amendment No. 1 to Task Order No. 2
(DE-24-195-SQ) with NV 5, Inc. for Plan Check, Map Check, and WQMP Review Services
25-0549
Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 2 (DE-24-195-SQ) with NV5, Inc. in the amount of $180,000, and an amended Task Order total of $279,000 for additional plan check, map check, and WQMP review services.

Attachment No. 1- NV5 Task Order #2.pdfAttachments:

F. Approve a Rip-Rap Maintenance Easement with Southern California Edison ( “SCE”) Company near Sierra Avenue & Coyote Canyon Road (formerly Lytle Creek Road) for I- 15 Logistics (Caprock)
25-0568
Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.

Attachment No. 1-
73647A_Rip_Rap_Access_Maintenance_Easement_Legal_
Plat.pdf
Attachment No. 2- Rip-Rap Easement Location.docx
Attachments:

G. Authorization to Donate Computer Equipment to the 25-0571

5 City Council Meeting Regular Agenda October 28, 2025
Affordable Housing - Paseo Verde Apartments Community
Computer Lab
Adopt Resolution No. 2025-102, authorizing the donation of surplus computer equipment-ten (10) desktop computers and ten (10) monitors-to the community computer lab at the Affordable Housing - Paseo Verde Apartments and authorizing the City Manager or designee to execute any documents necessary to complete the transfer.

Attachment No. 1- Resolution - 2025 - Authorization to
Donate Computer Equipment to the Affordable Housing -
Paseo Verde Apartments Community Computer Lab.docx
Attachments:

H. Award Bid for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB)
25-0572

1. Award bid and authorize the City Manager to execute a construction contract with FieldTurf Inc, USA for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 in the amount of $423,613.86 and authorize a 10% contingency in the amount of $42,362.00 (PW-26-36 -SB).

2. Authorize the City Manager to execute any related items on the behalf of the City of Fontana for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB).

Attachment No. 1- Summary Bid Results.pdf
Attachment No. 2- Project Report.pdf
Attachments:

I. Purchase and Sale Agreement- Fontana Motor Lodge 25-0584

1. Approve a Purchase & Sale Agreement for the purchase of building and associated land located at 16390 Foothill Boulevard, Fontana, CA 92335 specifically described as APN’s 0190-081-36 and 0190-081-37 in the amount of $7,500,000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property specifically described as APN’s 0190-081-36 and 0190-081-37 comprised of approximately 2.3 acres (“Property”) from Ramesh and Radha Patel Revocable Living Trust.

3. Authorize the City Manager to execute the Purchase and Sale Agreement and any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

Attachment No. 1- Draft Purchase Agreement - Fontana
Motor Lodge-c1.docx
Attachments:

J. Purchase and Sale Agreement-16565 Orange Way 25-0586

1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 16565 Orange Way, Fontana CA 92335

6 City Council Meeting Regular Agenda October 28, 2025
specifically described as APN 0191-251-25 in the amount of $2,800,000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property with APN 0191-251- 25 compromised of approximately 0.68-acre parcel with a 16,000 square foot building (“Property”) from Fontana Orange, LLC, a California Limited Liability Company.

3. Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

Attachment No. 1- PSA 16565 Orange Way SIGNED.pdfAttachments:

K. Approve a Contract with Active Education for the Soccer & Multi-Sports Program to be delivered at Fontana Expanded Learning Program.
25-0591

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

2. Approve a contract with Active Education to provide and deliver the Soccer & Multi-Sports Program for the Fontana Expanded Learning Program at elementary and middle school sites.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

Attachment No. 1- Active Education.pdfAttachments:

L. Approve a Contract with TA Mentoring Services LLC for the Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.
25-0592

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

2. Approve a contract with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program to the Fontana Expanded Learning Program’s 6th through 8th grade participants.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement...End Attachment No. 1- Noble Youth.pdfAttachments:

M. Approve a Contract with EBK & Company LLC to provide the US Engineering League, Mechanical
25-0593

7 City Council Meeting Regular Agenda October 28, 2025
Engineering/Robotics Club for the Fontana Expanded
Learning Program’s Middle School sites.

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

2. Approve a contract with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering /Robotics Club for the Fontana Expanded Learning Program at ASES /ELO-P Funded Middle School sites.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

Attachment No. 1- USEL.pdfAttachments:

N. Approve a Contract with Bestwenty 4 Studios LLC for the Season of Success Program for the Fontana Expanded
Learning Program.
25-0594

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

2. Approve a contract with Bestwenty4 Studios LLC to provide and deliver the Season of Success program for the Fontana Expanded Learning Program’s participants.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

Attachment No. 1- Bestwenty4 Studios.pdfAttachments:

O. Final Acceptance for the Construction of the San Sevaine Trail Phase 1, Segment 2 Project (Bid No. SB-109-DE-23) 25-0595
Accept as complete the work performed by H&H General Contractors, Inc. for the construction of the San Sevaine Trail Phase 1, Segment 2 Project (#37603345).

Attachment 1-Vicinity MapAttachments:

P. Approve Final Change Order with CT&T Concrete Paving, Inc. and Final Acceptance of the City Sidewalk
Reconstruction #2 Project (Bid No. DE-25-56-SB)
25-0598

1. Authorize City Manager to approve Change Order #2 with CT&T Concrete Paving, Inc. in the amount of $227,822.46 for the additional concrete work added for the City Sidewalk Reconstruction #2 Project (Bid No. DE-25-56 -SB).

8 City Council Meeting Regular Agenda October 28, 2025

2. Accept as complete the work performed by CT&T Concrete Paving, Inc. for the City Sidewalk Reconstruction #2 Project (Bid No. DE-25-56-SB).

Attachment No. 1- Sidewalk Reconstruction No. 2 CCO No. 2 (Final Qtys).pdf
Attachment No. 2- Sidewalk Project #2 Grid Map.pdf
Attachments:

Q. Approve Final Change Order with LCR Earthwork &
Engineering, Corp. and Final Acceptance for the Village of Heritage North, South, and West Pavement Rehabilitation Project (Bid No. SB-153-DE-23)
25-0600

1. Authorize the City Manager to approve Change Order #2 with LCR Earthwork & Engineering, Corp. in the amount of $130,609.28 for the additional asphalt and concrete work added for the Village of Heritage North, South, and West Pavement Rehabilitation Project (Bid No. SB-153 -DE-23).

2. Accept as complete the work performed by LCR Earthwork & Engineering, Corp. for the Village of Heritage North, South, and West Pavement Rehabilitation Project (Bid No. SB-153-DE-23).

Attachment No. 1- VoH Project Map.pdfAttachments:

R. Final Acceptance of Backstop Replacements at Chaparral Park, Southridge Park, and Veteran ’s Park Project
(SB-85-PW-23)
25-0602
Accept as complete the work performed by NR Development Inc. for the Backstop Replacements at Chaparral Park, Southridge Park, and Veteran’s Park Project (SB-85-PW-23).

S. Final Acceptance of Installation of Shade Structures at Various Parks Project (SB-106-PW-23)
25-0603
Accept as complete the work performed by NR Development Inc. for the Installation of Shade Structure at Various Parks Project (SB-106-PW-23).

T. Final Acceptance of ADA / Inclusive Interactive Playground Replacement Project (SB-122-PW-23)
25-0604
Accept as complete the work performed by Ortco Inc. for the ADA / Inclusive Interactive Playground Replacement Project (SB-122-PW-23).

U. Police Department Monthly Information Update 25-0606 Accept the Police Department monthly information update for August 2025.

Attachment No. 1- August 2025 Report for City Council
Rev2.pptx
Attachments:

9 City Council Meeting Regular Agenda October 28, 2025
V. Purchase of 800 MHz Radios and Accessories for the
Police Dispatch Center
25-0610

1. Authorize the Purchasing Division to “Piggy-Back” from the Sourcewell contract 042021 for the purchase of the Motorola 800 MHz radios, software, and related accessories per Purchasing Policies and Procedure Manual 3.1.5 (Cooperative Purchasing Agreement) for the Police Dispatch Center.

2. Approve the purchase from Motorola Solutions in the amount of $125,693.53.

Attachment No. 1- Sourcewell - Motorola Contract Extension #0402021.pdf
Attachment No. 2- Motorola Quote 3298130.pdf
Attachments:

W. Fontana Police CAD /RMS System Selection Consultant
Services Funding Request
25-0611

1. Approve an appropriation in the amount of $200,000.00 from the Federal Asset Seizure Fund #223.

2. Authorize the Purchasing Department to proceed with collecting bids for the CAD/RMS System Selection Consultant Services.

Attachment No. 1- RFP CAD RMS Consultant.pdfAttachments:

X. American Rescue Plan Act Expenditure Plan Quarterly
Report
25-0620
Receive and file the American Rescue Plan Act (ARPA) Expenditure Plan quarterly report.

Attachment No. 1- .pdf
Attachment No. 2- .pdf
Attachments:

Y. Accept Donation from County Supervisor Jesse
Armendarez (2025 Veteran’s Day Celebration)
25-0623
Accept donation from County Supervisor Jesse Armendarez in the amount of $1,000 for use towards the 2025 Veteran’s Day Celebration.

Attachment No. 1- County Supervisor Jesse Armendarez
(2025 Veteran's Day Celebration).pdf
Attachments:

Z. Accept Donation from Adam Perez ( 2025 Veteran’s Day Celebration)
25-0624
Accept donation from Adam Perez in the amount of $1,000 for use towards the 2025 Veteran’s Day Celebration.

10 City Council Meeting Regular Agenda October 28, 2025 Attachment No. 1- Adam Perez (2025 Veteran's Day
Celebration).pdf
Attachments:

AA. Out-Of-Area Sewer Service Agreement (ANX No. 24-0001), between the City of Fontana and Jose Felix Garcia, for the sewer service provided by the City of Fontana to 9266
Poplar Avenue (APN: 0233-271-08), pursuant to a Statutory Exemption in accordance with CEQA Guidelines Section
No 15268(b)(4).
25-0629

1. Find that the project is Exempt pursuant to Section No. 15268(b)(4) (Ministerial Project, Utility Connection) of the California Environmental Quality Act (CEQA) and, direct staff to file a Notice of Exemption; and,

2. Approve and authorize the City Manager to execute an Out-Of- Area Sewer Service Agreement (ANX No. 24-0001) with Jose Felix Garcia, for the provision of sewer service to an existing single-family residence located at 9266 Poplar Avenue, within the Western Sphere of influence of the City of Fontana.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Out-Of-Service Contract Agreement
Attachment No. 3 - Notice of Exemption
Attachments:

AB. Second amendment to the letter of agreement between the Fontana Historical Society and the City of Fontana.
25-0631
Approve second amendment to the letter of agreement between the Fontana Historical Society and the City of Fontana.

Attachment No. 1- 2nd Amendment to Agreement.docxAttachments:

AC. Resolution of the City Council of The City of Fontana, California, approving an amendment to the agreement for services between The City of Fontana and AMPAC
Business Capital
25-0632
City Council adopt Resolution No. 2025-103, approving the Amendment to the Agreement for Services Between the City of Fontana and AmPac Tri-State CDC doing business as Ampac Business Capital

11 City Council Meeting Regular Agenda October 28, 2025 Attachment No. 1- Reso. Amendment to Agreement with
AmPac-c1.pdf
Attachment No. 2- AMPAC Amendment-c1.pdf
Attachment No. 3- AmPac City of Fontana Empowerment
RLF Program Loan Documents Table of Contents-c1.pdf
Attachment No. 4- Business Loan Agreement Template-
Empowerment RLF Program-c1.pdf
Attachment No. 5- Promissory Note Template- Fontana
Empowerment RLF Program-c1.pdf
Attachment No. 6- W_OG - Security Agreement W_O
Guarantor Template-c1.pdf
Attachment No. 7- Ent- Unconditional Guarantee by Entity Template- Empowerment RLF Program-c1.pdf
Attachment No. 8- Disbursement Request and Authorization Template-c1.pdf
Attachment No. 09- Autho Agreement for Pre-Authorization Payment Form Template (ACH Debit)-c1.pdf
Attachment No. 10- IRS Form W-9 Template rev March
2024-c1.pdf
Attachment No. 11- Advertising Marketing Release Form
Template- Emp RLF-c1.pdf
Attachment No. 12- Certification of Identity Template-c1.pdf Attachment No. 13-
Attachments:

AD. Memorandum of Understanding between the County of San Bernardino, the City of Fontana, and participating cities for the property located at 11109 Jasmine Street.
25-0634

1. Approve the Memorandum of Understanding (MOU) between the City of Fontana, the County of San Bernardino, and the cities of Chino, Chino Hills, Fontana, Montclair, Ontario, Rancho Cucamonga, Rialto, and Upland for the operation of the West End Navigation Center for a term of ten (10) years from the effective date, at an initial annual cost of $1,000,000 to the City of Fontana.

2. Authorize the City Manager, or designee, to execute the MOU and related documents necessary to implement participation.

Attachment No. 1 - Multi-Agency MOU - Regional Navigation Center FINAL.pdf
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

12 City Council Meeting Regular Agenda October 28, 2025 concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Appeal No. 25-0002: Request to overturn the Planning Commission’s August 19, 2025 decision adopting a
Categorical Exemption per Section 15332 (Class No. 32)
and approving Conditional Use Permit No. 24-0022, and
Design Review No. 23-0024 for the development of a mixed use project ( 163 multi-family units and 5,000 square feet of commercial retail) within the R- 5 zoning district that includes a five-story 83,125 square foot mixed-use building and associate improvements, on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana
Avenue and identified as Assessor Parcel Numbers
11110-331-13 and 1110-331-25.
25-0529
Deny Appeal No. 25-0002, thereby upholding the Planning Commission’s decision on August 19, 2025, approving, pursuant to a categorical exemption under California Environmental Quality Act (CEQA) Section No. 15332 (Class No. 32. Infill Development), Conditional Use Permit No. 24-0022 and Design Review No. 23-0024 for the development of a five-story mixed-use project including 163 multi-family units and 5,000 square feet of commercial retail within the R-5 zoning district and for the site and architectural review of a five-story 83,125 square foot mixed-use building and associated improvements on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue (APN Nos.: 1110-331-13 and 1110-331-25).

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Appellant Letter
Attachment No. 3 - Response to SAFER Comment Letters
Attachment No. 4 - Planning Commission Package
Attachment No. 5 - Planning Commission Minutes of August 19 2025
Attachment No. 6 - Clerk of the Board Filing Receipt for MCN23-010
Attachment No. 7 - Public Hearing Notice
Attachments:

13 City Council Meeting Regular Agenda October 28, 2025 NEW BUSINESS:

A. New Business
A. Fiscal Year 2025-26 First Quarter Budget Status Report 25-0565 Approve the recommended Fiscal Year 2025-26 First Quarter Budget adjustments.

FY25-26 First Quarter Budget Status Report.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 December 9, 2025 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

14 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0617 Agenda Date: 10/28/2025
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, October 28, 2025
1:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 10/23/2025Page 1 of 1
powered by Legistar™
15 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0625 Agenda Date: 10/28/2025
Agenda #: A. Category: Special Presentation
Ceremonial Items
Tuesday, October 28, 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 10/22/2025Page 1 of 1
powered by Legistar™
16 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0552 Agenda Date: 10/28/2025
Agenda #: B. Category: Special Presentation
Ceremonial Items
Tuesday, October 28, 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 10/22/2025Page 1 of 1
powered by Legistar™
17 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0619 Agenda Date: 10/28/2025
Agenda #: C. Category: Special Presentation
Ceremonial Items
Tuesday, October 28, 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 10/22/2025Page 1 of 1
powered by Legistar™
18 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0618 Agenda Date: 10/28/2025
Agenda #: D. Category: Special Presentation
Ceremonial Items
Tuesday, October 28, 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 10/22/2025Page 1 of 1
powered by Legistar™
19 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0614 Agenda Date: 10/28/2025
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the October 14, 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 October 14, 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.

City of Fontana Printed on 10/22/2025Page 1 of 1
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City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, October 14, 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

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WORKSHOP:

A. 12:00 P.M. City Council Workshop
PUBLIC COMMUNICATION - CLOSED SESSION:

The Workshop of the Fontana City Council was held on Tuesday, October 14, 2025, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the Workshop to order at 12:04 p.m. with all members of the City Council present except for Council Member Cothran.

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

A. Goals Presentations
Deputy City Manager, Ray Ebert provided the City Council with an update on priority goals identified during the February 2025 goal setting session.

CLOSED SESSION:

A. 12:30 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, October 14, 2025.

Mayor Warren called the meeting to order at 12 :30 p.m. with all members of the City Council present except for Council Member Cothran.

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

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a)
Case: Inland Coalition for Immigrant Justice v. City of Fontana

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a)
Case: Acevedo III, Constantino J. vs. City of Fontana; Civil Action No. 5:23-cv-01923-JGB (SHKx)

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a)
Case: Alford, Diane vs. City of Fontana; Case No. CIVSB2401102

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4. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: John Bakhit, Labor Counsel and Matt Ballantyne, City Manager. Employee Organization: Police Management 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, October 14, 2025.

Mayor Warren called the Regular City Council Meeting to order at 2:04 p.m.

ROLL CALL:

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

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

ABSENT: Council Member Cothran

INVOCATION/PLEDGE OF ALLEGIANCE:

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

CLOSED SESSION ANNOUNCEMENT:

City Attorney Ruben Duran 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.

CEREMONIAL ITEMS/PRESENTATIONS:

A. Mayor Warren and City Council to recognize, Jose Luis Ruiz, CEO of La Carniceria.

Mayor Warren and the City Council recognized, Jose Luis Ruiz, CEO of La Carniceria.

B. Mayor Warren and City Council to proclaim Code Compliance Week and recognize Code Compliance Employee of the Year.

Mayor Warren and City Council proclaimed the second week of October as Code Compliance Week, and Code Compliance Manager Sandra Pelayo presented the Employee of the Year Award to Code Compliance Supervisor, Jason Barber.
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C. Mayor Warren and City Council to proclaim October as National Community Planning Month and recognize Planning's Employee of the Year.

Mayor Warren and City Council proclaimed October 2025 as National Community Planning Month. Planning Commission Chair, Idilio Sanchez accepted the proclamation and Director of Planning Patty Nevins presented the Employee of the Year Award to Assistant Planner, Mai Thao.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Ada spoke as a concerned parent and grandparent regarding student safety at Fontana schools.

Requested equitable funding for emergency lanyards, security cameras, radios, and secured gates across all campuses. Urged the City and Fontana Unified School District to prioritize safety for all students.

Grace represented 264 parents and residents requesting immediate traffic safety improvements at Mango Avenue and Wabash Avenue near Mango Elementary School. Cited ongoing speeding and unsafe crossings. Requested the City conduct a formal traffic study and install permanent safety measures.

Deborah Hall Lindsay, r epresentative from Community Baptist Church announced upcoming community events: a free Voter Empowerment Education Workshop on October 18, 2025, and a concert featuring the African Youth Choir on October 24, 2025, at Community Baptist Church.

Encouraged community participation and voter education.

Richard Granados, Kiwanis Club of Fontana announced the Kiwanis Club’s 4th Annual Mental Health Awareness Conference to be held October 18, 2025, at the Steelworkers’ Auditorium.

Highlighted the Club’s ongoing commitment to youth programs and mental health education in partnership with local organizations and public safety departments.

Melanie Smith Austin introduced herself as a Doctor of Social Work candidate at California Baptist University studying faith- based collaboration in community services. Requested input from the City regarding strategies for effectively engaging faith- based organizations in social support initiatives.

Mark Nuaimi, Water of Life Community Church commended the City for progress on its Homeless Solutions Action Plan and collaborative partnerships addressing homelessness.

Reported outcomes from Water of Life’s transitional housing program, noting 29 families served and an 86% transition rate to permanent housing. Shared plans for additional transitional housing development.

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CONSENT CALENDAR:

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

A. Approval of Minutes 25-0560
Approve the minutes of the September 23, 2025, Regular City Council Meeting.

B. Prohousing Designation Program Reapplication 25-0468

1. Adopt Resolution No. 2025-094, a Resolution of the City Council of the City of Fontana authorizing re- application to, and participation in, the Prohousing Designation Program.

2. Authorize the City Manager to execute any documents necessary or appropriate as required for re-application to and participation in the program.

C. Acceptance of Final Map for Parcel Map No. 20669 and 25-0505 Abandonment of a Certain Portion of an Easement for Sewer and Drainage

1. Accept Parcel Map No. 20669, located at the southwest corner of Valley Boulevard Avenue and Juniper Avenue, north of Washington Drive.

2. Accept as public dedicated streets and easements associated with the map.

3. Authorize the Mayor and City Clerk to certify the abandonment of a certain portion of an easement for sewer and drainage.

D. 2026 Selective Traffic Enforcement Program Grant Award 25-0506

1. Accept the 2026 State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant, number PT26030 in the amount of $335,000.

2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

E. Annual Placement of Weed Abatement Charges on the 25-0513 Property Tax Rolls
Adopt Resolution No. 2025-095, to replace and repeal Resolution No. 2025-041 of the City Council of the City of Fontana, California, directing the placement of weed abatement charges on the property tax bills for collection. 25

F. Annual Placement of Nuisance Abatement Charges on the 25-0514 Property Tax Rolls
Adopt Resolution No. 2025-096, of the City Council of the City of Fontana, California, directing the placement of Nuisance abatement charges on the property tax bills for collection for FY2025/2026.

G. 2024 Homeland Security Grant Program (HSGP) 25-0531
Accept the 2024 Homeland Security Grant Program subrecipient award in the amount $57,927 from the Office of Homeland Security.

Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

H. Award a Contract for Fire Station 77 Restroom Remodel Project 25-0532 (PW-26-02-SB)
Award and Authorize the City Manager to execute a contract with MCO

Development Inc. of Irvine, CA in the amount of $392,000.00 for the Fire Station 77 Restroom Remodel and authorize a contingency (10%) in the amount of $39,200.00.

I. Final Acceptance of Perimeter Street and Sewer Improvements 25-0534 for Tract No. 20382 and Perimeter Street Improvements for Tract No. 20397

1. Accept as complete the perimeter street and sewer improvements for Tract No. 20382 along Foothill Boulevard, and perimeter street improvements for Tract No. 20397 along Banana Avenue.

2. Adopt Resolution No. 2025-097, accepting sewers in Tract No. 20382 as part of the City sewer system.

J. Approve Invoice from the City of Rancho Cucamonga for Right 25-0543 of Way Services Related to the San Sevaine Trail Phase 1, Segment 2 Project
Authorize the City Manager to approve Invoice CINV-001415 from the City of Rancho Cucamonga for Right of Way Services related to the San Sevaine Trail Phase 1, Segment 2 Project.

K. Award a Construction Contract for the Bus Pad (Transit Stop 25-0545 Improvements) TDA 2023 Project (DE-25-182-CC)

1. Award bid and authorize City Manager to execute construction contract with Gentry General Engineering, Inc. for the construction of the Bus Pad (Transit Stop Improvements) TDA 2023 Project (Bid No. DE-25-182-CC) 26

in the amount of $99,346.80 and authorize a 10% contingency in the amount of $9,934.68 (Bid No. DE-25-182-CC).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Bus Pad (Transit Stop Improvements) TDA 2023 Project (Bid No. DE-25-182-CC).

3. Appropriate $40,000.00 from Measure I, Local Fund (Fund 246) to Project 37600069, Bus Pad (Transit Stop Improvements) TDA 2023 Project.

L. Authorize the Renewal of Managed Print Services Agreement 25-0547 with HP Inc. for Citywide Printing, Maintenance, and Repair Services

1. Approve and authorize the City Manager to execute a contract of the City’s Managed Print Services Agreement with HP Inc., under the NASPO ValuePoint Master Agreement and California Participating Addendum, to maintain the established fixed-rate structure.

2. Authorize the City Manager to execute any future amendments to the Managed Print Services Agreement, as needed, during the renewal period.

M. Final Acceptance of the Courtplace Housing Development 25-0563 (Infrastructure Improvements) Project (DE-24-124-SB)
Accept as complete the work performed by Weka, Inc. for the construction of the Courtplace Housing Development (Infrastructure Improvements) Project (DE-24-124-SB).

N. Adoption of Homeless Solutions Action Plan Update 25-0563 Adopt Resolution No. 2025-098, Homelessness Solutions Action Plan Update and direct staff to implement strategies laid out in plan.

O. Approve Second Contract Change Order for Reconstructing 25-0577 Two Curb Ramps located at the Northeast and Southeast
Corners for the Construction of Traffic Signal at Duncan Canyon Road/Citrus Avenue, as part of the Reimbursement Agreement with HDO4, LLC

1. Approve second contract change order for reconstructing two curb ramps located at the northeast and southeast corners for the construction of traffic signal at Duncan Canyon Road/Citrus Avenue, as part of the Reimbursement Agreement with HDO4, LLC.

2. Approve appropriation and allocate the amount of $3,901.14 from Fund 604 - Measure T.

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P. Purchase and Sale Agreement-16641 & 16643 Orange Way 25-0585

1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 16641 & 16643 Orange Fontana, CA 92335 specifically described as APN 0191-251-21 & 0191-251-06 in the amount of $7,500,000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property with APN 0191-251- 21 & 0191-251-06 comprised of approximately 34,000 sq. ft. on two parcels of land totaling approx. 67,691 sq. ft (“Property”) from Landexcorp, LLC, A California Limited Liability Company.

3. Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

Q. Resolution of the City Council of the City Of Fontana, California 25-0590 Approving a Second Amendment to the First Amended and
Restated Billboard Relocation Agreement Between the City Of Fontana and Lamar Central Outdoor LLC to Update Certain Relocated Sign Locations
City Council adopt Resolution No. 2025-099, approving the Second Amendment to the First Amended and Restated Billboard Relocation Agreement with Lamar Central Outdoor, LLC, to update the locations for Location 2 and Location 4, and authorizing the City Manager to execute all necessary documents to effectuate this amendment.

PUBLIC HEARINGS:

A. Master Case No. 25- 0047 and Municipal Code Amendment No. 25-0441 25-0008: Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to the definition of and operating standards for restaurants, allowance for certain temporary buildings during commercial reconstruction or remodeling, development standards for the Multi-Family Medium/High
Density Residential (R-4) zone, administrative procedures pertaining to administrative site plan and design review entitlements; modification to Chapter 26 pertaining to time extensions for tentative maps; and modification to Chapter 33 to provide additional delivery standards for cannabis retail storefront businesses, pursuant to a categorical exemption in accordance with CEQA Guidelines Sections 15060(C),
15061(B)(3) and Section 15378.

1. Determine that this Ordinance is not a project pursuant to Sections 15060(C), 15061(B)(3) and 15378 of the State of California Environmental 28

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. 1973, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0047 and Municipal Code Amendment No. 25-0008 to amend Chapters 26, 30 (Zoning and Development Code) and 33 of the Fontana Municipal Code, including modifications to the restaurant definition and operating standards, temporary use permits for temporary offices, development standards for the R-4 zone and overlay, administrative procedures for administrative site plan and design review entitlements, tentative parcel map and tentative tract map time extensions and curbside delivery for cannabis retail storefronts; and the reading of the title constitutes the first thereof.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written communications were received.

Associate Planner, Cecily Session- Goins provided the staff report.

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

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4 -0 to approve Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES:

None; ABSTAIN: None; ABSENT: Cothran

B. Quarterly Lien Action for Delinquent Sewer, Solid Waste and 25- 0511 Weed Abatement Accounts

1. Authorize staff to complete and record lien against real property for those sewer accounts sixty days or more delinquent, solid waste accounts more than ninety days delinquent, and for properties with delinquent weed abatement charges outstanding as described in attached resolutions and written reports and to direct staff to file for the recording of liens for such properties.

2. Adopt Resolution No. 2025-100, of the City Council of the City of Fontana authorizing the collection of certain annual wastewater and solid waste service charges, including delinquent charges for each service, on the County property tax rolls and determining and record liens against current delinquent parcels.
29

3. Adopt Resolution No. 2025-101 of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written communications were received.

Chief Financial Officer, Jessica Brown provided the staff report.

Council Member Sandoval inquired about the collection process for delinquent accounts. Staff explained that delinquent accounts are first placed as liens, and if not paid by July 1, they are then added to the property tax roll.

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

ACTION: Motion was made by Mayor Pro Tem Garcia , seconded by Council Member Roberts, and passed by a vote of 4 -0 to approve Public Hearing Item “ B.” The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES:

None; ABSTAIN: None; ABSENT: Cothran

C. Adoption of the 2025 Edition of the California Building 25- 0556 Code and Corresponding Base Model Codes

1. Determine that the adoption of the ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and adopting the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland-Urban Interface Code based on the 2024 International Wildland-Urban Interface Code; the California

Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2024 International Residential Code; and the 2024 Edition of the International Property Maintenance Code is exempt from further environmental review under Section 15061(b)(3) of the State CEQA guidelines, projects with no possibility of significant effects upon the environment, and direct staff to file a notice of exemption.

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2. Waive further reading of and introduce Ordinance No. 1975, an ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland-Urban Interface Code based on the 2024 International Wildland-Urban Interface Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2025 International Residential Code; and the 2025 Edition of the International Property Maintenance Code: and that the reading of the title constitutes the first reading thereof.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written communications were received.

Permit Supervisor, Ultima Andrews provided the staff report.

Council Member Roberts asked which edition of the Uniform Fire Code is currently in use. Staff responded that the 2022 edition is being used.

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

ACTION: Motion was made by Council Member Sandoval, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4 -0 to approve Public Hearing Item “ C.” The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES:

None; ABSTAIN: None; ABSENT: Cothran

Mayor Warren noted that the meeting would include an adjournment in memory of Deacon Sam Gordon.

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

City Manager Matt Ballantyne congratulated Water of Life Church on its 35th anniversary and announced the 17th anniversary celebration of the North Fontana Skate Park was scheduled for Saturday, October 18, from 10 a.m. to 4 p.m.

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ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

City Treasurer Koehler-Brooks congratulated Water of Life Church on their 35th anniversary and community contributions.

City Clerk Key thanked the City Council and faith-based community for assisting with a visiting student’s school research project.

Mayor Pro Tem Garcia reported on attending the League of Cities Annual Conference in Long Beach, commended Water of Life Church for its support of the community and provided an update on the Mango Elementary School traffic study, noting ongoing collaboration with the City’s Engineering Department and the Fontana Unified School District to assess potential safety improvements.

Council Member Sandoval had no comments.

Council Member Roberts recognized Water of Life Church for its assistance to residents, particularly the hom eless community, and suggested communicating traffic study updates to concerned residents.

Mayor Warren emphasized the C ity’s collaborative efforts with agencies and faith- based organizations to address community safety, homelessness, and youth programs. Mayor Warren highlighted City Link’s ongoing work and expansion plans to support homeless residents and noted participation in various events including the Living Faith & Angelica Church’ s 15th anniversary and a Community Leaders of America meeting in South D akota. Upcoming initiatives include the Stage Red Inaugural Gala on October 29 th to support youth music
education in Fontana and the Mayor’s Great Futures Gala at the Fontana Boys & Girls Club on October 25
th.

ADJOURNMENT:

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

1. Deacon Sammy Eddie Gordo

2. Anthony J. Lardieri Sr.

Mayor Warren adjourned the meeting at 3: 26 p.m. to the Regular City Council Meeting on Tuesday, October 28, 2025, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON OCTOBER 28, 2025.

_______________________
Germaine Key
City Clerk

33 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0615 Agenda Date: 10/28/2025
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1973 (Second Reading), Master Case No. 25-0047 and Municipal Code Amendment No. 25-0008: Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1973, approving Master Case No. 25-0047 and Municipal Code Amendment No. 25-0008 to amend Chapters 26, 30 (Zoning and Development Code) and 33 of the Fontana Municipal Code, including modifications to the restaurant definition and operating standards, temporary use permits for temporary offices, development standards for the R-4 zone and overlay, administrative procedures for administrative site plan and design review entitlements, tentative parcel map and tentative tract map time extensions and curbside delivery for cannabis retail storefronts.
..End
COUCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · 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.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

Ordinance No. 1973 was introduced by a vote of 4-0 at the October 14, 2025, Regular City Council Meeting.

FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation.

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34 ORDINANCE NO. 1973

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

CALIFORNIA, APPROVING AMENDMENTS TO VARIOUS SECTIONS OF THE FONTANA MUNICIPAL CODE, INCLUDING SECTION 26 -58

PERTAINING TO APPROVING BODIES FOR TENTATIVE PARCEL
MAPS AND TENTATIVE TRACT MAPS; SECTION 30 -12 PERTAINING TO THE DEFINITION OF “RESTAURANT”; SECTIONS 30 -100 AND 30 - 110 PERTAINING TO PROJECTS SUBJECT TO ADMINISTRATIVE SITE PLAN AMENDMENTS AND MODIFICATIONS; SECTIONS 30-125, 30-128 AND 30-139 TO REMOVE OR REVISE REQUIREMENTS FOR DESIGN
REVIEW AMENDMENTS AND MODIFICATIONS; SECTION 30 -256

PERTAINING TO TEMPORARY USE PERMITS FOR TEMPORARY
COMMERCIAL BUILDINGS; SECTION 30 -310 PERTAINING TO TIME EXTENSION APPROVALS FOR TENTATIVE TRACT MAPS; TABLE 30 - 359.A. TO REVISE LAND USES RELATED TO RESTAURANTS AND
ALCOHOL SALES; SECTION 30 -360 PERTAINING TO OPERATIONAL STANDARDS FOR RESTAURANTS SERVING ALCOHOL; SECTION 30-
447 PERTAINING TO THE NUMBER OF BEDROOMS IN DWELLINGS IN THE R -4 ZONING DISTRICT; SECTION 30 -448 PERTAINING TO BUILDING SEPARATION REQUIREMENT FOR PROJECTS IN THE R -4 OVERLAY DISTRICT; SECTION 30 -491 PERTAINING TO

OPERATIONAL STANDARDS FOR RESTAURANTS SERVING
ALCOHOL; SECTION 33 -30 TO EXPLICITLY ALLOW CURBSI DE

DELIVERY FOR CANNABIS STOREFRONT RETAIL BUSINESSES ,

PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH
CEQA GUIDELINES SECTIONS 15060(C), 15061(B)(3), AND SECTION 15378.

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

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

WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“Code”) through Municipal Code Amendment (“MCA”) No. 25-0008; and

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

35 Ordinance No. 1973
WHEREAS, Section 26-58. Expiration of approval . is amended to authorize the original approving body for tentative parcel maps and tentative tract maps to approve time extensions; and

WHEREAS, Section 30-12. – List of definitions. is amended to clarify the definition of a restaurant; and

WHEREAS, Section 30-100. – Reserved. is amended to include projects subject to an administrative site plan amendment; and

WHEREAS, Section 30-110. – Reserved. is amended to include projects subject to an administrative site plan modification; and

WHEREAS, Section 30-125. – Purpose. is amended remove requirements for a design review amendment; and

WHEREAS, Section 30-128. – Reserved. is amended to include projects subject to a design review amendment; and

WHEREAS, Section 30-139. – Reserved. is amended to include projects subject to a design review modification; and

WHEREAS, Section 30 -256. – Types of temporary use applications and conditions. is amended to allow temporary commercial buildings on the site of an existing commercial business during reconstruction or remodeling; and

WHEREAS, Section 30-310. – Authority. is amended to authorize the Director of Planning to approve time extensions for tentative tract maps; and

WHEREAS, Table 30-359.A. – Land Uses. is amended to revise land uses related to restaurants and alcohol sales; and

WHEREAS, Section 30 -360. – Special use regulation . is amended to include operational standards for restaurants serving alcohol; and

WHEREAS, Section 30-447. – Residential development standards. is amended to remove the limitation on the number of be drooms per residential unit in the R -4 zoning district; and

WHEREAS, Section 30-448. – Multiple-family building separation requirement. is amended to include a provision for building separation from the R -1 zoning district for development in the R-4 Overlay district; and

WHEREAS, Section 30-491. – Special use regulations* . is amended to include operational standards for restaurants serving alcohol; and

36 Ordinance No. 1973
WHEREAS, Section 33.30. – Additional operational regulations for storefront retail. is amended to explicitly allow curbside delivery on the site of cannabis storefront retail and to provide operational standards for such activity; and

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

WHEREAS, the amendments in MCA No. 25-0008 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 25-0008 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. 25-0008 are attached hereto 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. 25-0008 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, on September 16, 2025, the Planning Commission held a public meeting on MCA No. 25 -0008 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common -sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelin es for Implementing CEQA because the procedural revisions to the Municipal Code are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. As such, where, as here, it can be with certainty that there is no possibility that the procedural revisions to the Code may have a significant effect on the environment, the Code amendments are not subject to CEQA WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on September 16, 2025 regarding MCA No. 25- 0008 and approved Resolution No. 2025-029 recommending that the City Council adopt the modifications to the Zoning and Development Code contained therein; and WHEREAS, on October 14, 2025, the City Council held a public hearing on MCA No. 25-0008 where it received evidence and public testimony pertaining to the Zoning and Development Code amendments as well as documentation from the Planning Commission’s public hearing on September 16, 2025; and
37 Ordinance No. 1973
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 25-0008 presented at its public hearing on October 14, 2025; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

Section 2. CEQA. City Council hereby determine that this ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common -sense exemption),15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, because the procedural revisions to the Municipal Code are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. As s uch, where, as here, it can be with certainty that there is no possibility that the procedural revisions to the Municipal Code may have a significant effect on the environment, the Municipal Code amen dments are not subject to CEQA.

Therefore, the City Council hereby directs staff to file a notice of exemption.

Section 3. Development Code Amendment Findings . The City Council hereby makes the following findings for Municipal Code Amendment No. 25-0008 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 amen dment is
deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The Municipal code amendments clarify and streamline the City’s development requirements and processes and facilitate housing and commercial development. As such, the municipal code amendments promote the General Plan goals of adequate housing to me et the needs of all residents in Fontana . Furthermore, the amendments promote a diversified economy.

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 25-0008, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.
38 Ordinance No. 1973

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

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

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

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

APPROVED AND ADOPTED this 28th day of October 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 introdu ced at a regular meeting on the 14th day of October 2025, and was finally passed and adopted not less than five days thereafter on the 28th day of October 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
City Clerk of the City of Fontana

39 Ordinance No. 1973

_______________________________
Mayor of the City of Fontana

ATTEST:

_______________________________
City Clerk

40 Ordinance No. 1973
EXHIBIT “A”

Amendments to Chapter 30 of the Municipal Code
(Deletions are shown as strike outs. Additions are shown as underlines.)

Chapter 26 – SUBDIVISIONS

DIVISION 2. – TENTATIVE TRACT MAP REQUIREMENTS

Sec. 26-58. Expiration of approval.

(a) An approved tentative tract map shall expire 24 months after its approval, unless this time period is otherwise extended pursuant to this section or pursuant to any provision of the Subdivision Map Act as enacted or subsequently amended, but in no event shall an approved tentative tract map be valid beyond 15 years from the date it was first approved.

(b) In addition to the time period set forth in subsection (a) of this section and upon application of the subdivider filed prior to expiration of the approved tentative tract map, an additional period of time, not to exceed five years, may be granted by the planning commission Director of Planning . When an application is filed pursuant to this subsection, the map shall automatically be extended for 60 days or un til the planning commission Director of Planning approves, conditionally approves, or denies the application for the extension.

(c) The period of time specified in subsections (a) and (b) of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative tract map, is in existence; provided, however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time a s was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 calendar days, the map shall be valid for 120 calendar days following the termination of the moratorium. For purposes of this section, a development moratorium shall include a water or sewer moratorium, as well as other actions of public agencies which regulate land use, development or the provision of services to the land, including those of school and fire districts.

(d) The period of time sp ecified in subsections (a) and (b) of this section shall not include any period of time during which a lawsuit involving the approval of the tentative tract map is or was pending in a court of competent jurisdiction if, upon application of the subdivider and upon conclusive proof of the existence of such lawsuit, the planning commission agrees, in accordance with California Government Code § 66452.6(c), to stay such time period. Within 40 days after 41 Ordinance No. 1973
receiving the application, the city shall either stay the time period for up to five years or deny the requested stay. The planning commission shall determine whether the conditions of approval imposed at the time the tentative tract map was first approved are sufficient to protect the health, safety and welfare of the general public. The planning commission has the right to amend, modify or delete such conditions of approval as a condition of the requested stay.

(e) If the subdivider is required to expend $125,000.00 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, upon the filing of a final map, the expiration of the tentative tract map shall be extended by 36 months from the date of its expiratio n or the date of the previously filed final map, whichever is later. This subsection shall apply only to situations wherein multiple final maps are filed with the city. The extension provided in this subsection shall not extend the tentative map more than ten years from its date of approval.

Nothing in this subsection limits the authority of the planning commission to impose reasonable conditions to the filing of multiple final maps.

(f) In addition to any other extension of time provided by this section or p rovided by the Subdivision Map Act, the expiration date of any tentative tract map that did not expire before September 13, 1993, shall be extended by 24 months.

(g) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act the expiration date of any tentative tract map that did not expire before May 15, 1996, shall be extended by 12 months.

(h) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act any tentativ e tract map that would have expired on or after March 3, 2020 and before December 31, 2020, shall be extended by 12 months.

(i) Subject to the 15 year time limit set forth in subsection (a) of this section, a tentative tract map on property subject to a deve lopment agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of the California Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. Such extension occurs upon the filing of each final map authorized by Government Code § 66456.1.

42 Ordinance No. 1973
Sec. 30-12. – List of definitions.

…

Restaurant means an establishment where food and drink is freshly prepared, cooked, and served to order and consumed primarily within the main building , and building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designated to take place outside the confines of the building, often in a motor vehicle. and where at least 65 percent of the quarterly gross receipts are from the sale of food products/meals that include freshly prepared food items available for consumption on the premises during all hours the establishment is open for business. Restaurants maintain suitable kitchen facilities for cooking and/or preparing an assortment of foods for meals along with the proper amount of refrigeration and/or heating for keeping of food. The service of pre-packaged items (e.g. sandwiches, salads, etc.) does not qualify within the definition of a restaurant. Restaurants do not include any live entertainment, disc jockey, amplified music, karaoke, electronic arcade, amusement games, pool tables, dart boards, dancing, dance floor, or dance area provided on the premises.

…

Subdivision III. – Administrative Site Plan – Amendment

Sec. 30-100. Reserved Projects subject to administrative site plan - amendment.

Editor's note(s)—Ord. No. 1906, § 28, adopted Oct. 25, 2022, repealed § 30 -100, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

(a) Applications for amendments to administrative site plans are required for commercial, industrial, and institutional projects with a previously approved administrative site plan entitlement that has not yet expired, is not under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:

(1) Major façade changes that include significant structural changes, such as changes to the location of windows and doors, roof pitch or structure, building materials, etc.

(2) Major site plan changes, such as relocation of buildings, but not includi ng the relocation or modifications to parking spaces where such relocation or 43 Ordinance No. 1973
modification reduces the number of parking spaces below the required number of parking spaces.

(3) The addition of square footage to a previously -approved building totaling less than 1% of the total building area.

(b) Amendments to an approved administrative site plan shall be approved by the Director of Planning or his/her designee. Upon the submittal of an application, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. The following parameters shall be used to guide the Director of Planning’s decision:

(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan (such as changing the size, shape, or position of a building on a project site) or architectural elevations (such as changes in building hei ght or massing, altering the exterior building materials, adding or deleting elements such as balconies, dormers, porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan amendment.

(2) Changes to the following may be reviewed and approved administratively by the Director of Planning:

a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shift ing of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)

b. Site improvements that enhance the site regarding the aesthetics, public safety and/or security.

c. Project features not visible from the public right -of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.

(3) Within five years of th e original administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval 44 Ordinance No. 1973
may be approved by the Director of Planning administratively. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

Subdivision IV. – Administrative Site Plan Modification

Sec. 30-110. Reserved. Projects subject to administrative site plan – modification.

Editor's note(s)—Ord. No. 1906, § 31, adopted Oct. 25, 2022, repealed § 30 -110, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

(a) Applications for administrative site plan – modification are required for commercial, industrial, and institutional projects with a previously approved administrative site plan entitlement that has not yet expired, is currently under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:

(1) Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.

(2) Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.

(3) The addition of square footage to a previously approved building totaling less than 1% of the total building area.

(b) Modifications to an administrative site plan shall be approved by the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed modification will be referred to the approving body for approval or approved administratively. The following parameters shall be used to guide the Director of Planning’s decision:

(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan (such as changing the size, shape, or position of a building on a project site) or architectural elevations (such as changes in building height or massing, altering the exterior building materials, or adding or deleting elements like balconies, dormers, 45 Ordinance No. 1973
porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan modification.

(2) Changes to the following may be reviewed and approved administratively by the Director of Planning:

a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)

b. Site improvements that enhance the site regard ing the aesthetics, public safety and/or security.

c. Project features not visible from the public right -of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.

(3) Within five years of the original administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

Subdivision II. – Design Review - Amendment
Sec. 30-125. Purpose.

(a) The purpose and intent of the design review, amendment process is to assure that projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity. Projects eligible for an amendment are for any non -expired approved entitlements for design review on undeveloped sites pursuant to the amendment procedures herein.

(b) Amendments to an approved design or administrative site plan review shall be approved by the approving body or the Director of Community Development or 46 Ordinance No. 1973
his/her designee. Upon written request from an applicant, the Director of Community Development shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. Administratively approved amendments to a design review originally approved by the Planning Commission shall be place d on the Planning Commission agenda under the Manager of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning’s decision:

(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval

(2) Changes to architectural features that are not significant in nature such as window treatments, shifting of window s or minor change in window size or decorative trim, the shifting of parking spaces on site that do not reduce the number of required parking spaces or site improvements that enhance the site in regard to the aesthetics, public safety and/or security can be reviewed and approved administratively.

(3) Within five years of the original design review or administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews and administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideratio n under a revision to the original application. Appeals shall follow provisions of Section 30-33.

Sec. 30-128. Reserved Projects subject to design review - amendment.

Editor's note(s)—Ord. No. 1906, § 35, adopted Oct. 25, 2022, repealed § 30 -128, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

(a) Applications for design review – amendment are required for projects with a previously approved design review entitlement that has not yet expired, is not under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:

47 Ordinance No. 1973
(1) Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.

(2) Major site plan changes, such as relocation of buildings, but not including the relocation of or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.

(3) The addition of square footage to a previously -approved building totaling less than 1% of the total building area.

(b) Amendments to an approved design review shall be approved by the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for a pproval or approved administratively.

Administratively approved amendments to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Director of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning's decision:

(1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval of a design review.

(2) Changes to the following may be reviewed and approved administratively by the Director of Planning:

a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)

b. Site improvements that enhance the site regarding the aesthetics, public safety and/or security.

c. Project features not visible from the public right -of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.

(3) Within five years of the original design review or administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or chang ed without prior approval of 48 Ordinance No. 1973
the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews and administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30-132.

Subdivision III. – Design Review Modification

Sec. 30-139. Reserved Projects subject to design review - modification.

Editor's note(s)—Ord. No. 1906, § 37, adopted Oct. 25, 2022, repealed § 30 -139, which pertained to Development Advisory Board (DAB) re view and derived from Prior Code.

(a) Applications for design review – modification are required for projects with a previously approved design review entitlement that has not yet expired, is under construction or already developed, and which may or may not involve the issuance of a building permit for construction, including:

(1) Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.

(2) Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.

(3) The addition of square footage to a previously -approved building totaling less than 1% of the total building area.

(b) Modifications to an approved design review shall be approved by the approving body or the Director of Planning or his/her designee. Upon written request fr om an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. Administratively approved modifications to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Director of Planning report for 49 Ordinance No. 1973
informational purposes. The following parameters shall be used to guide the Director of Planning’s decision:

(1) Changes to con ditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval.

(2) Changes to the following may be reviewed and approved admin istratively by the Director of Planning:

a. Architectural features that are not significant in nature (i.e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)

b. Minor site improvements that enhance the site regarding the aesthetics, public safety and/or security.

c. Project features not visible from the public right -of-way and that do not result in a material change to the project’s operational characteristics, scale intensity or fundamental design intent as originally approved.

(3) Within five years of the original design review applica tion, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews applications which are five years or older from the date of approval may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30-33.

DIVISION 18. – TEMPORARY USE

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 Planning. All such uses shall be subject to the sign 50 Ordinance No. 1973
regulations within Chapter 3 and zoning regulations within Chapter 30 of the Municipal Code.
…

(12) Temporary commercial buildings on active construction sites in the case of the reconstruction or remodeling of an existing commercial busines s. The following restrictions shall apply:

a. The Director of Planning may approve a temporary commercial building for the duration of the reconstruction or remodeling project or for up to a maximum period of one year. If the Director of Planning determines that extenuating circumstances have occurred during construction, a one -year extension may be granted.

b. A maximum of one temporary commercial building may be approved to operate a maximum of one business on the site. The business must be appropriately licensed, operating in compliance with all City rules, regulations, and codes, and must have been in operation prior to the start of construction.

c. Installation of the temporary building may occur only after a valid building permit has been issued by the Building and Safety Department.

d. The temporary building installation must meet all requirements and regulations of the County Department of Environmental Health Services and all applicable City departments and other regulating agencies.

e. Temporary buildin gs installed under the provisions of this section shall be removed from the site within fourteen calendar days of the completion of, and issuance of the Certificate of Occupancy for, the commercial building on the site.

f. The temporary building shall not b e installed on required vehicle parking and loading spaces as determined by Article XI. – On-Site Parking and Loading Regulations. Vehicle parking spaces provided on the subject site in excess of the requirements of Article XI may be considered for the ins tallation of the temporary building.

g. The temporary building shall not obstruct access and/or drive aisles on the subject site.

h. Signage for the business on the site shall be reviewed and approved through the Temporary Use Permit and/or Design Review Sign process.

51 Ordinance No. 1973
(12 13) Other uses and activities that may be needed on a temporary basis or similar to subsections (1) through ( 10 9) above as deemed appropriate by the Director of Planning.

DIVISION 22. – TIME EXTENSION, MAPPING AND PROJECT
Subdivision II. – Time Extension – Tentative Tract Maps Sec. 30-310. - Authority.

The Planning Commission Director of Planning is authorized to approve or deny applications for time extension for tentative tract maps and to impose conditions upon such approval.
52 Ordinance No. 1973
ARTICLE III – FORM BASED CODE

Division 3. – Permitted Land Uses
Table 30-359.A. – Land Uses

Civic Station
Area
Downtown
Gateway
Neighbor-
hood
Multi-
Family
Trans-
itional
Sierra
Gateway
Route 66
Gateway
Valley
Gateway Village
…
Alcohol Beverage Sales
Alcohol sales for off -site consumption, with
or without tasting room M M M -- -- M C C C M
Alcohol sales for Oon-site sales
consumption, in connection with
restaurant/food hall ( “Bona fide Public
Eating Place ”, as defined by the
Department of Alcoholic Beverage Control)

M M PS -- -- M PS PS PS M
Alcohol sales for Oon-site sales
consumption, in connection with
restaurant/food hall ( “Bona fide Public
Eating Place ”, as defined by the
Department of Alcoholic Beverage Control)
and with entertainment and/or dancing
-- M M -- -- -- M M M --
Alcohol sales for Oon-site sales
consumption, with entertainment and/or
dancing and not in connection with
restaurant/food hall (“Bona fide Public
Eating Place”, as defined by the
Department of Alcoholic Beverage Control)
-- -- C -- -- -- C C C --
Manufacturing, including winery or
microbrewery with taking room and no
restaurant

M M M -- -- M C C C M
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
53 Ordinance No. 1973
Micro-breweries without tasting room -- -- -- -- -- -- -- -- C -- …
54

ATTACHMENT NO. 1

ARTICLE III – FORM BASED CODE

DIVISION 3. – PERMITTED LAND USES

Sec. 30-360. Special use regulation.
…
(i) Alcohol sales for on-site consumption, in connection with a restaurant/food hall.

(1) A restaurant selling alcohol for on -site consumption shall not negatively impact adjoining uses as it relates to noise in excess of the maximum noise measurements established in the Fontana Municipal Code, debris generated by the restaurant or its’ patrons not disposed of in appropriate receptacles, traffic impacting use of the public right -of-way, storage outside of an enclosed building, and hours of operation, nor shall it create any adverse effect on public health, safety or welfare.

(2) 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:

a. All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.

b. Any such alcohol sales 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 to ensure sound measurements do not exceed the maximum measurements established in the Fontana Municipal Code or unless the entrance or exit is separated from the residentially zoned property by a public street.

c. A restaurant selling alcohol for on -site consumption should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility or other similar uses.

ARTICLE V. – RESIDENTIAL ZONING DISTRICTS

55 Ordinance No. 1970

DIVISION 4. DEVELOPMENT STANDARDS FOR PRIMARY DWELLINGS.

Sec. 30-447. Residential development standards.

The following development standards apply to multi -family residential development projects without a commercial component, which are proposed at minimum density of

24.1 to 39 dwelling units per acre within the multiple -family medium/high density residential (R-4) zoning district, and 39.1 to 50 dwelling units per acre in the multiple - family high density residential (R-5) zoning district.

Table No. 30 -447
Residential Development Standards
Maximum Density R-4 R-5
Maximum permitted number of dwelling units per adjusted gross acre

24.1.0—

39.0 39.1—

50.0 Lot Dimensions for New Lots, Lot Size, and Lot Coverage R-4 R-5 Minimum width at front P/L 200' 200'
Minimum depth 300' 300'
Minimum lot size (sq. ft.) 2 acres 2 acres
Maximum lot coverage (adjusted gross acreage of total site) 70% 70% Multiple-Family Minimum Dwelling Size (Standard/Market
Rate, Senior and Affordable)
R-4 R-5
Minimum dwelling unit in square feet 550 sq.
ft.
550 sq.
ft.

Maximum dwelling unit in square feet 1,800
sq. ft.
1,800
sq. ft.

Building Height R-4 R-5
Multi-Family 55' 55'
Multi-Family Open Space Requirements R-4 R-5
Open space, private ground/upper floor (sq. ft.), minimum 120/80 120/80 Open space, common, as a percentage of adjusted gross
acreage of project area, minimum
30% 30%
Open space, useable, (combined total of private and common open space), as a percentage of adjusted gross acreage of project area, minimum
35% 35%

Notes:
(1) For existing legal lots smaller than this minimum, see Section 30 -414 (lot size conformance).
(2) For the purpose of this section, subterranean or partial subterranean parking shall not be considered a floor/story for the purpose of determining building setbacks. (3) For parcels located in the R-4 district, the number of bedrooms shall be limited to a maximum of two bedrooms per dwelling unit.
56 Ordinance No. 1970

Sec. 30-448. Multiple-family building separation requirement.

Table No. 30-448
Building Setback and Separation (in feet)
Front Setback, Building to Public Right-of-Way (streets) R-4 R-5 Major or primary 5-foot 5-foot
Secondary or collector 5-foot 5-foot
Local 0-foot 0-foot
Corner Lot, Side Building Setback to P/L R-4 R-5
Major or primary 5-foot 5-foot
Secondary or collector 5-foot 5-foot
Local 5-foot 5-foot
Corner Lot, Side Parking Setbacks to P/L R-4 R-5
Major or primary 10-foot 10-foot
Secondary or collector 10-foot 10-foot
Local 10-foot 10-foot
Side Setback (interior), Building, Setback to Adjacent
Zoning Districts
R-4 R-5
R-1 25-foot 25-foot
R-2 (Single-family use) 25-foot 25-foot
R-2 (Multi-family use) 15-foot 15-foot
R-3 10-foot 15-foot
R-4 0-foot 0-foot
R-5 0-foot 0-foot
R-PC, Single-family 75-foot 75-foot
R-PC, Specific plan (b) (single-family/multi-family) 25-foot/ 15-foot
25-foot/
15-foot
R-E 75-foot 75-foot
P-PF 30-foot 30-foot
C-2 0-foot 0-foot
All other zoning districts, (C-1, RMU, and OS) 20-foot 20-foot Parking Area and Drive Aisle Setbacks to Adjacent Zoning Districts
R-4 R-5
All residential 5-foot 5-foot
All other 5-foot 5-foot
Onsite Building to Building Setbacks R-4 R-5
Front to front 30-foot 30-foot
Front to side 30-foot 30-foot
Front to rear 30-foot 30-foot
Rear to side 25-foot 25-foot
Rear to rear 20-foot 20-foot
57 Ordinance No. 1970

Side to side 15-foot 15-foot
Oblique alignment
Accessory Structure Setbacks and Separation (in feet) R-4 R-5 In all cases See Section No.30 -
461

Notes:
(1) Building shall mean a structure containing dwelling units. For purpose of this table, building setback standards shall be for any building exceeding a single -story.

Setback standards may be modified by other lettered notes herein. (2) Subtract ten feet for a single-story dwelling unit or a multi-story dwelling unit having a single-story element with a depth of at least ten feet. (3) All primary ground -floor common entries and individual dwelling unit entries fronting Foothill Blvd, Orange Way, Cypress Avenue or Valencia Avenue shall be oriented to the street, not the interior of the development or parking lot. (4) On a case by case basis, the Community Development Director may require up to ten feet of additional building setback from all property lines t o accommodate entrance stops, porches, patios and other architecture features, as well as landscaping areas.
(5) For the purpose of this table, accessory structure means a subordinate structure which is incidental to and is detached from the main building but is on the same lot and supports the primary use on -site. If an accessory structure is attached to the building by way of a continuation of the building roof, the accessory structure shall be considered an addition to the building.
(6) "Front" is defined as that face of the building or unit with a major glass area and/or major private recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the public ri ght-of-way or private drive aisle; therefore, some buildings may have more than one "front" under this definition.
(7) For the purpose of this table, zoning districts are not considered adjacent if separated by a dedicated public right -of-way or utility e asement of more than 50 feet in width.
(8) Setback measured from building to property line.
(9) "Oblique alignment" is defined as the intersection of the parallel face of one building by the corner angle of a second building where said angle is greater than 25 percent. The corner angle of the intersecting building may encroach into the setback of the other building by up to five feet provided there is an equal or greater setback at the other end of the intersecting building. Such encroachment shall also be averaged so that for each building that is allowed to encroach into the setback, another building will offset such encroachment by an equal number of feet. (Where two buildings meet at corner angles, the side -to-front setback criteria shall be used.)
(10) Balconies, patios (uncovered and covered), patio fences/walls, porches, and similar like structures (as determined by the Director of Community Development) may project into the setback area up to a maximum of six feet, 58 Ordinance No. 1970

providing, however, that such structures shall never be separated by less than 15 feet (horizontal).
(11) The "rear" of a building is defined as the point or area farthest from the front.

Where a building is identified to have two fronts the building may be considered not to have a rear facing.
(12) Setback from underdeveloped property in the R-2 zone shall be determined at the R-1 single-family zones development standard of 25 feet. (13) Where a new building is to be constructed on a corner lot or intersection, a wraparound building de sign with an angled corner shall be utilized in order to maximize and encourage pedestrian activity.
(14) Parking setback may be decreased to zero for subterranean parking structures.
(15) The minimum building setback to the R-1 zoning district may be reduced to 10 feet for development within the R -4 overlay for projects developed consistent with the density requirements of the R-4 overlay and where the adjacent parcel is vacant and undeveloped.

ARTICLE VI. – COMMERCIAL AND MIXED USE ZONING DISTRICT

DIVISION 3. – USE REGULATIONS

Sec. 30-491. – Special use regulations*.

…

(22) Restaurant, With the Sale of Alcohol.

(1) A restaurant selling alcohol for on -site consumption shall not negatively impact adjoining uses as it relates to noise in excess of the maximum noise measurements established in the Fontana Municipal Code, debris generated by the restaurant or its’ patrons not disposed of in appropriate receptacles, traffic impacting use of the public right -of-way, storage outside of an enclosed building, debris, traffic, storage, design and hours of operation, nor shall it create any adverse effect on public health, safety or welfare.

(2) 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:

a. All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.

b. Any such alcohol sales use being established for the first time shall have no entrance or exit located within 100 feet of a 59 Ordinance No. 1970

residentially zoned or utilized property unless adequate sound attenuation measures have been undertaken to ensure sound measurements do not exceed the maximum measurements
established in the Fontana Municipal Code or unless the entrance or exit is separated from the residentially zoned property by a public street.

c. A restaurant selling alcohol for on-site consumption should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility or other similar uses.

Chapter 33 – CANNABIS BUSINESSES AND ACTIVITIES

Sec. 33-30. Additional operating regulations for storefront retail.

(a) No commercial cannabis retailer offering storefront purchase shall be located within 600 feet from another commercial cannabis storefront retailer. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of one commercial cannabis storefront retailer to the closest property line of the lot on which another commercial cannabis business is located without regard to intervening structures.

(b) Prior to dispensi ng medicinal cannabis or medicinal cannabis products to any person, the commercial medicinal cannabis business shall obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a quali fied patient, and shall maintain a copy of the physician recommendation or Identification Card as described in Health and Safety Code §§ 11362.71 through 11362.77, as may be amended from time to time, on site for period of not less than seven years.

(c) Storefront retailers also providing delivery shall comply with the requirements pertaining to deliveries in section 33-30 of this chapter.

(d) Commercial cannabis retailers selling medicinal cannabis shall verify the age and all necessary documentation of each c ustomer to ensure the customer is not under the age of 18 years and that the potential customer has a valid doctor's recommendation. Adult use retailers shall verify the age of all customers to ensure persons under the age of 21 are not permitted on the premises. Entrances into the retailer shall be locked at all times with entry strictly controlled. A "buzz - in" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception or lobby area. 60 Ordinance No. 1970

(e) Retailers may have only that quantity of cannabis and cannabis products reasonably anticipated to meet the demand readily available for sale on -site in the retail sales area of the retailer.

(f) All restroom facilities shall remain locked and under the control of management.

(g) A cannabis storefront retailer shall notify qualified patients, primary caregivers, and customers (verbally or by written agreement) and by posting of a notice or notices conspicuously in at least 15 point type within the permitted premises that state as follows:

(1) "The sale or diversion of cannabis or cannabis products without a permit issued by the City of Fontana is a violation of state law and the Fontana City Code."

(2) "Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a permittee is a crime and can lead to arrest."

(3) "Patrons must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted. These premises and vicinity are monitored to ensure compliance."

(4) "Warning: the use of cannabis or cannabis products may impair a person's ability to drive a motor vehicle or operate heavy machinery."

(5) "CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabis - derived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer."

(6) Waste management. When managing cannabis goods, chemicals, hazardous or dangerous waste, Retailers are obligated to obtain all required permits, licenses, or other clearances and comply with all orders, laws, regulations, or other requirements of other regulatory agencies, including, but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. The sale of cannabis waste is prohibited. Retailers sh all maintain accurate and comprehensive records at the premises regarding cannabis waste that accounts for, reconciles, and provides evidence of, all activity related to the generation and disposal or deposition of cannabis waste.

(h) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle, except curbside delivery conducted pursuant to the following:

61 Ordinance No. 1970

(1) A licensed retailer authorized to engage in storefront sales at their licensed premises may conduct sales through curbside delivery.

(2) Cannabis goods that have been purchased by a customer may be delivered to the customer in a vehicle at a location on the license retail premises, which is immediately outside the structure, and which is not located adjacent to the public right-of-way.

(3) Curbside delivery of cannabis goods must occur under video surveillance meeting the applicable operating procedures (including those submitted as part of the initial application process).

(4) Retail employees engaging in curbside delivery must verify each customer’s age pursuant to Sec. 33-29(k).

62 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0616 Agenda Date: 10/28/2025
Agenda #: C. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1975 (Second Reading), Adoption of the 2025 Edition of the California Building Standards Code and Corresponding Base Model Codes.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1975, an ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland-Urban Interface Code based on the 2024 International Wildland-Urban Interface Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2025 International Residential Code; and the 2025 Edition of the International Property Maintenance Code. ..End
COUCIL GOALS:
· To improve public safety by incorporating current technologies in the construction and maintenance of buildings, housing and fire prevention into the City’sbuilding codes. promote economic development by being business friendly through the reduction of local amendments to the adopted codes.

DISCUSSION:

Ordinance No. 1975 was introduced by a vote of 4-0 at the October 14, 2025, Regular City Council Meeting.

FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/22/2025Page 1 of 1
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63 ORDINANCE NO. 1975

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

CALIFORNIA REVISING, PURSUANT TO AN EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTAIN
PROVISIONS OF CHAPTER 5 OF THE FONTANA MUNICIPAL CODE

RELATING TO THE CONSTRUCTION AND MAINTENANCE OF
BUILDINGS, AND ADOPTING BY REFERENCE THE 202 5 EDITION OF

THE CAL IFORNIA BUILDING STANDARDS CODE, KNOWN AS THE
CALIFORNIA CODE OF REGULATIONS, TITLE 24, CONSISTING OF THE CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, BASED ON THE 2024 INTERNATIONAL BUILDING CODE; THE CALIFORNIA
PLUMBING CODE, BASED ON THE 2024 UNIFORM PLUMBING CODE; THE CALIFORNIA ELECTRICAL CODE, BASED ON THE 202 3
NATIONAL ELECTRICAL CODE; THE CALIFORNIA MECHANICAL
CODE, BASED ON THE 202 4 UNIFORM MECHANICAL CODE; THE
CALIFORNIA EXISTING BUILDING CODE, BASED ON THE 202 4
INTERNATIONAL EXISTING BUILDING CODE; THE CALIFORNIA
GREEN BUILDING STANDARDS CODE; THE CALIFORNIA
RESIDENTIAL CODE, BASED ON THE 202 4 INTERNATIONAL
RESIDENTIAL CODE; THE CALIFORNIA WILDLAND -URBAN
INTERFACE CODE BASED ON THE 2024 INTERNATIONAL
WILDLAND-URBAN INTERFACE CODE AND THE 202 4 EDITION OF

THE INTERNATIONAL PROPERTY MAINTENANCE CODE

WHEREAS, the City of Fontana, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and

WHEREAS, in December 2024 and February 2025, the State Building Standards Commission reviewed and approved the 2025 edition of the California Building Standards Code (Title 24 of the California Code of Regulations); and

WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California Bu ilding Standards Code (“Code”) applicable to all cities and counties throughout California, including the City of Fontana, 180 days after publication by the State Building Standards Commission or upon a later date established by the Building Standards Commission, which here is January 1, 2026, and

WHEREAS, Health and Safety Code Section 18941.5 provides that a City may establish more restrictive building standards if they are reasonably necessary due to local climatic, geological, or topographical conditions; and

WHEREAS, Health and Safety Code Section 17958.5 permits cities to make modifications to the requirements contained in the California Building Standards Code if such modifications are found to be reasonably necessary becau se of local climatic, geographic, or topographic conditions, and
64 Ordinance No. 1975

WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making modifications to such requirements, make an express finding that such modifications are reasonab ly necessary because of local climatic, geographic , or topographic conditions; and

WHEREAS, the City Council of the City of Fontana (“City Council”) hereby finds that it is reasonably necessary to amend certain portions of the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, to meet the particular climatic, geological, and topographical conditions existing in the City; and

WHEREAS, the City Council further finds that some changes and modificati ons are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City; and

WHEREAS, on, the City Council conducted a duly noticed public h earing to consider and review the California Building Standards Codes and local amendments, at which time hearing testimony and evidence was presented to and considered by the City Council.

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

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

Section 2. The City Council of the City of Fontana (“City") is informed and finds that it is reasonably necessary to amend certain portions of the 2025 Edition of The California Building Standards Code, known as the California Code of Regulations, Title 24, to meet the particular climatic, geological, and topographical conditions existing in the City. The City Council further finds that some changes and modification s are of an administrative or procedural nature or concern themselves with subjects not covered by the Code or are reasonably necessary to safeguard life and property within the City. The City Council hereby adopts the following (climatic, geological, and topographical, where applicable) findings to support the proposed amendments to the 2025 California Building Standards Code made herein in this Ordinance:

(a) The City is subject to relatively low amounts of precipitation, very low humidity levels, and extremely high temperatures. These climatic conditions are conducive to the spread of fire. For example, during July, August, and September, temperatures often exceed 100 degrees Fahrenheit. During the same months, humidity is usually less than 40%, and humidity measurements less than 10% are not uncommon. These conditions contribute to an increased likelihood of fire. Moreover, minor fires have a greater tendency of spreading rapidly due to such conditions.

65 Ordinance No. 1975

(Finding applicable to Amendments to California Building Code Sections903.2 and 1505.5; and California Residential Code Section R309.)

(b) The City is subject to extremely strong winds, commonly referred to as "Santa Ana Winds," which reach speeds in excess of 90 miles per hour. Extensive damage often occurs during such winds, including fallen trees; blown sand and debris; downed utility poles, utility circuits, and utility service lines; and structural damage to buildings.

These adverse conditions can cause: (1) fires; (2) impairment of emergency apparatus access; (3) delays in response times of emergency apparatus; and (4) the depletion of apparatus readily available for fire suppression activities. These windstorms commonly last from three to seven days.

(Finding applicable to Amendments to California Building Code Sections 502.1, 903.2, 1609.3, 1609.4.3, Table 1504.8, Table 1507.2.7.1(1), Table 1507.2.7.1(2) and I105.2; and California Electric Code Section 225.1; and California Residential Code Sections R301.2.1.4, R30.81, R309, Table R301.2, and BF105.2.)

(c) The City's neighboring foothills create a unique fire hazard. This is because fire service is provided to the City by the San Bernardino County Fire Department and fire units from the City are often sent to assist in the extinguishment of fast moving, wind-assisted fires in the neighboring foothills which destroy or damage many structures, and as such, these units are then unavailable for fire suppression in the City.

(Finding applicable to Amendments to California Building Code Sections 502.1, 903.2, and 1505.5; and California Residential Code Sections R308.1 and R309)

(d) Development has occurred in the City and continues to occur in the City and such development has resulted in severe traffic congestion during peak business hours, weekends, and holidays, thus decreasing response time, particularly on the following streets and highways: Sierra Avenue, Valley Boulevard, Cherry Avenue, Foothill Boulevard, Base Line Road, Highland Avenue, Citrus Avenue, Slover Avenu e, Jurupa Avenue, Arrow Route, San Bernardino Avenue, the I -15 Freeway and the I-10 Freeway. Such traffic and circulation congestion is an artificially created, obstructive topographical condition creating a situation which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on - site fire-extinguishing systems 66 Ordinance No. 1975

and other protection measures to protect occupants and property from fire hazards. Automatic fire protection systems are the single greatest means of reducing the severity of structural fires; fire loss in un-sprinklered buildings is four times greater than fire loss in sprinklered buildings. Numerous fires have occurred within the City in residential structures (houses, apartments, hotels, and motels) over the past several years that have automatic fire protection systems, and in all of these fires, the automatic fire protection systems have successfully controlled and/or suppressed the fire before the emergency response personnel have been able to arrive at the structure.

(Finding applicable to Amendments to California Building Code Sections 502.1 and 903.2; and California Residential Code Sections R3 08.1 and R309.)

(e) An extreme and unusual fire hazard exists in the hillsides and other areas of the City south of Jurupa Avenue and north of the I-15 Freeway due to the presence of highly flammable vegetation, the region's dry climate, and frequent hot, dry Santa Ana winds.

(Finding applicable to Amendments to California Building Code Sections 903.2 and 1505.5; and California Residential Code Section R309.)

(f) The City is located in Southern California, in an extremely active seismic region, with high levels of historic earthquake shaking in the recent past (earthquakes measuring larger than a magnitude 5 on the Richter Scale) and can be expected to experience significant strong ground shaking within
the foreseeable future; and

The seismotectonic setting of the City is dominated by the Sierra Madre-Cucamonga fault, which traverses the Northern portion of the City, and the City's close proximity to the San Andreas fault--7 miles to the East, San Jacinto fault --3 miles to the East and Whittier - Elsinore Fault--19 miles to the Southwest; and

In the event of a severe earthquake, these faults present the potential for catastrophic damage, including fire, damage to roadways and other impa irments of emergency apparatus. (This information is according to maps used by Cal Tech, Pasadena and provided by the U.S. Geological Survey). Existing and planned developments are at risk from structural damage from earthquake 67 Ordinance No. 1975

faults. Improved standards a re necessary to ensure that maximum safety is provided to persons and property.

(Finding applicable to Amendments to California Building Code Sections 502.1; and California Electric Code Section 225.1; and California Residential Code Sections R308.1 and Table R301.2.)

(g) Aluminum expands and shrinks at a much greater rate than other metals. This property becomes critical for smaller wires of aluminum conductors, which may break down at a termination point in a seismic event, causing a fire. As discussed above, the City is located in an extreme active seismic region.

(Finding applicable to Amendme nt to California Electric Code Section 110.5.)

(h) Additional amendments and deletions to the California Building Standards Code, known as the California Code of Regulations, Title 24; the International Building Code; and the International Residential Code; are administrative or procedural in nature and reasonable and necessary to safeguard life and property within the City.

(Finding applicable to Amendments to the California Building Code Sections 1.8.8, 202, 502.1, 3109 .2, J103.2, and J104.1; and California Residential Code Sections 1.8.8, R3 06.1, Table R301.2, and Appendix CI(1).)

(i) The topography of the City is mostly rocky with large boulders and stones below grade in much of the northern part of the City, which is rapidly being developed; and

Given the topography of the City, it is impractical and unreasonable to remove all rocks 12 inches or more in diameter from certain development areas or place these rocks at more than 10 feet below grade; and

Geotechnical, civil, and/or soil engineers have opined that due to the rocky topography of the City, the use of rocks with a maximum dimension larger than 12 inches and up to 24 inches as fill material at three feet or more below grade and rocks with a max imum dimension greater than 24 inches as fill material at ten feet or more below grade is safe and prudent.

(Finding applicable to Amendment to California Building Code 68 Ordinance No. 1975

Section J107.4.)

Section 3. Article III of Chapter 5 of the Municipal Code of the City of Fontana is hereby amended by rewriting the article in its entirety to read as follows:

“Article III. California Building Code

Sec. 5-61. Adoption; copy on file.

The 2025 Edition of the California Building Code, known as the California Code of Regulations, Title 24, Part 2, Volumes 1 & 2, based on the 2024 Edition of the International Building Code, published by the International Code Council, including Chapter 1 and Appendices B, C, I, and J, are hereby adopted as the Building Code of the City and reference is hereby made to the copy now on file in the Clerk's Office of the City.

Sec. 5-62. Changes and Amendments.

(a) Section 105.2 Building Exemption 2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended to read as follows:

2. Solid fences not over 3 -1/2 feet high and open fences with an open surface area of not less than 90 percent (90%) not over 4 feet high.

(b) Section 105.2 Building Exemption 4 of th e California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended to read as follows:

4. Retaining walls which are not over 3 feet in height
measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable or combustible liquids.

(c) Section 202 of the California Building Code, known as th e California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the definition for Swimming Pools to read as follows:

Swimming Pools. Any body of water or any structure that contains water over 18 inc hes (457 mm) deep. This includes without limitation all portabl e, moveable, collapsible, storable, and permanent in -ground, above -ground and on -ground
69 Ordinance No. 1975

swimming pools, garden ponds, spas, hot tubs, wading pools, and fountains.

(d) Section 502.1 of the Califo rnia Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. 502.1 Address identification. New and existing
buildings, apartment units, condominium units, suites, tenant spaces, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5 -239 of the Fontana Municipal Code.

(e) Section 903.2 of the California Building Code. Known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph after the first paragraph of the section to read as follows:

Notwithstanding the requirements of Sec. 903.2, an
automatic fire-sprinkler system, approved by the Fire Prevention Division of the Fontana Fire Protection District, shall be installed, and maintained in new construction per the
requirements of Article II of Chapter 11 of the Code of the City.

(f) Section 1505.5 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. 1505.5 Non-classified roofing. Non-classified roofing is material that is not listed as a Class A, B, or C roof covering.

Non-classified roofing is not approved for use within the City.

(g) Section 1609.3 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph and table to the end of the section to read as follows:

Portions of the City are located within a special wind region. The basic design wind speed V in these special wind region areas shall be:

Risk Category Basic Design Wind Speed, V
70 Ordinance No. 1975

116 mph

III & IV
129 mph
135 mph
(h) Section 1609.4.3 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Exposure C, as a minimum, shall apply in all cases
unless the architect or engineer in general responsible charge can justify to the building official that the building site and surrounding terrain conform to the criteria for Exposure B. (i) Section 115922(a) of Section 3109.2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code is hereby amended by rewriting the section in its entirety to read as follows:
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool and/or spa or the remodeling of an existing pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two drowning prevention safety features, one of which shall be an enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single -family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)(4) or (5). Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature
requirement. In addition to the foregoing, the respective swimming pool or spa shall be equipped with at least one of the following four drowning prevention safety features:
(1) Removable mesh fencing that meets American Society
for Testing and Materials (ASTM) Specifications F2286
standards in conjunction with a gate that is self -closing and self -latching and can accommodate a key lockable
device.
(2) An approved safety pool cover, as defined in Section 71 Ordinance No. 1975

115922(a)(3).
(3) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be
independently certified to the ASTM Standard F2208
“Standard Safety Specification for Residential Pool
Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection
alarm feature designed for individual use, including an alarm attached to a child that sounds when the child
exceeds a certain distance or becomes submerged in
water, is not a qualifying drowning prevention safety
feature.
(4) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been
independently verified by an approved testing l aboratory as meeting standards for those features established by
the ASTM or the American Society of Mechanical
Engineers (ASME).

(j) Section 115923 of Section 3109 .2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code is hereby amended by adding the wording to the enclosure characteristics:

Where the barrier is composed of horizontal and vertical members and the distance between the top of the horizontal member is less than 45 inches the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 ¾ inches in width.

(k) Section I105.2 of Appendix I of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. I105.2 Footings. A patio cover may be supported on a concrete slab on grade without footings, provided all of the 72 Ordinance No. 1975

following conditions are met:

1. The supporting slab is not less than 3 1/2 inches thick; and

2. The supporting columns do not support live and dead
loads in excess of 750 pounds per column; and

3. The patio cover is constructed solely out of
aluminum and/or other similar light weight material, and has a current valid International Code Council Evaluation Report (or equal) clearly stating that: (a), a slab 3 1/2 inches thick is structurally adequate; (b), footings are not required; and (c), how the patio cover is to be anchored/held -down to resist uplift forces based on a minimum nominal design wind speed of 100 miles per hour.

(l) Section J103.2, Exemption 1 of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting in its entirety to read as follows:

1. When approved by the building official, grading in
an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

(m) Section J103.2, of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding the following 2 exemptions:

8. An excavation that does not exceed 50 cubic yards (38.3 m*) on any one lot and does not obstruct a drainage course that is:
a. less than 2 feet (610 mm) in depth; or
b. does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7% slope).

9. A fill that does not exceed 50 cubic yards (38.3 md) on any one lot and does not obstruct a drainage course that is:
a. less than 1 foot (305 mm) in depth and placed on
natural terrain with a slope flatter than 1 unit vertical 73 Ordinance No. 1975

in 5 units horizontal (20% slope); or
b. less than 3 feet (914 mm) in depth, not intended to
support structures.

(n) Section J104.1, of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

All grading plans shall be prepared by a state licensed or registered design professional. Grading in excess of 5,000 cubic yards (3825 md) shall be prepared by a state registered civil engineer.
(o) Section J107.4 of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto the following Exception:

Exception: The building official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.

2. Rock sizes greater than 12 inches (305 mm) and up to 24 inches (610 mm) in maximum dimension shall be
three feet (914 mm) or more below grade, measured
vertically. Rock sizes greater than 24
inches (610 mm) in maximum dimension shall be 10 feet
(3048 mm) or
more below grade, measured vertically.

3. Rocks shall be placed so as to assure filling of all voids with well-graded soils.”

Section 4. Article IV of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

“Article IV. California Plumbing Code

Sec. 5-86. Adoption; copy on file.

74 Ordinance No. 1975

The 202 5 Edition of the California Plumbing Code, known as the California Code of Regulations, Title 24, Part 5, based on the 2024 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, including Appendices A, B, D, H, I, and K, are hereby adopted as the Plumbing Code of the City and reference is hereby made to the copy now on file in the Clerk's office of the City.

Sec. 5-87. Changes and Amendments.

The 2025 Edition of the California Plumbing Co de is hereby adopted with no amendments.”

Section 5. Article V of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

“Article V. California Electrical Code

Sec. 5-111. Adoption; copy on file.

The 202 5 Edition of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3, based on the 2023 Edition of the National Electrical Code, published by the National Fire Protection Association is hereby adopted as the Electrical Code of the City and reference is hereby made to the copy now on file in the Clerk’s office of the City.

Sec. 5-112. Changes and Amendments.

(a) Section 110.5 of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3 and the National Electrical Code is hereby amended by adding thereto the following:

Aluminum conductors of No. 6 or smaller shall require
continuous inspection by an approved independent testing agency for proper torquing of connections at their termination point.

(b) Section 225.1 of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3 and the National Electrical Code is hereby amended by adding thereto the following:

All new outside wiring on private property shall be underground.

EXCEPTION No. 1: Temporary wiring installed per Article 75 Ordinance No. 1975

590.

EXCEPTION No. 2: Services as defined by Article 100
and installed per Article 230, subject to approval by the Administrative Authority.

EXCEPTION No. 3: Wiring in approved conduit and
raceways directly attached to a building.”

Section 6. Article VI of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

“Article VI. California Mechanical Code
Sec. 5-136. Adoption; copy on file.

The 202 5 Edition of the California Mechanical Code, known as the California Code of Regulations, Title 24, Part 4, based on the 2024 Edition of the Uniform Mechanical Code, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted as the Mechanical Code of the City and reference is hereby made to the copy now on file in the Clerk's office of the City.

Sec. 5-137. Changes and Amendments.

The 2025 Edition of the California Mechanical Code is hereby adopted with no amendments.”

Section 7. Article VIII of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

“Article VIII. California Existing Building Code

Sec. 5-186. Adoption; copy on file.

The 2025 Edition of the California Existing Building Code, known as the California Code of Regulations, Title 24, Part 10, based on the 2024 Edition of the International Existing Building Code, published by the International Code Council, is hereby adopted as the Existing Building Code for the City and reference is hereby made to the copy now on file in the Clerk's office of the City.

Sec. 5-187. Changes and Amendments.

The 2025 Edition of the California Existing Building Code is hereby 76 Ordinance No. 1975

adopted with no amendments.”

Section 8. Article XVIII of Chapter 5 of the Code of the City of Fontana is hereby amended by rewriting the Article in its entirety to read as follows:

“Article XVIII. California Green Building Standards Code Sec. 5-550. Adoption; copy on file.

The 202 5 Edition of the California Green Building Standards Code, known as the California Code of Regulations, Title 24, Part 11, is hereby adopted as the Green Building Standards Code of the City and reference is hereby made to the copy now on file in the Clerk's Office of the City.

Sec. 5-551. Changes and Amendments.

The 2025 Edition of the California Green Building Standards Code is hereby adopted with no amendments.”

Section 9. Article XIX of Chapter 5 of the Code of the City of Fontana is hereby amended by rewriting the Article in its entirety to read as follows:

“Article XIX. California Residential Code

Sec. 5-600. Adoption; copy on file.

The 2025 Edition of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5, based on the 202 4 Edition of the International Residential Code, published by the International Code Council, including Appendix BF and Appendix CI, is hereby adopted as the Residential Code of the City and reference is hereby made to the copy now on file in the Clerk's Office of the City.

Sec. 5-601. Changes and Amendments.

(a) Table R301.2, CLIMATIC AND GEOGRAPHIC DESIGN
CRITERIA, of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by filling in the blanks in the first row to read as follows:

CLIMATIC AND GEOGRAPHIC DESIGN
CRITERIA GROUND SNOW LOAD.........................Zero
WIND DESIGN:
77 Ordinance No. 1975

Speed- Special wind region…129Vmph. Other areas…
96Vmph
Topographic effects ......................................................No SEISMIC DESIGN CATEGORY .........................................D2 or E SUBJECT TO DAMAGE FROM:

Weathering.................................................................Negligible Frost line depth .............................................................12-24 inches
Termite..........................................................................Very Heavy
WINTER DESIGN TEMP .................................................... 43 ICE BARRIER UNDERLAYMENT REQUIRED...................No
FLOOD HAZARDS:

Date of adoption of first ordinance (Ord 881) regarding Flood Damage Prevention: June 6, 1987

Currently Effective Flood Insurance Rate Maps (FIRMS):

Panel Numbers: 06071C7895J, 06071C7915H,
06071C8634J, 06071C8635J,
06071C8642J, 06071C8651H,
06071C8652H,
06071C8653H, 06071C8654H, 06071C8658H, 06071C8666H
Dates: October 3, 2022, for all panels
AIR FREEZING INDEX. ...................................................... 0 MEAN ANNUAL TEMP ...................................................... 60

(b) Section R301.2.1.4 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Exposure C, as a minimum, shall apply in all cases unless justification, to the satisfaction of the Building Official or his/her designee, is provided that the building site and surr ounding terrain conform to the criteria for Exposure B.

(c) Section R309 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International 78 Ordinance No. 1975

Residential Code, is hereby amended by adding thereto the following Section:

Sec. R309 General. Notwithstanding the requirements of
Section R309, an automatic fire -sprinkler system, approved by the Fire Prevention Division of the Fontana Fire Protection District, shall be installed, and maintained in all new construction per the requirements of Article II of Chapter 11 of the Code of the City.

(d) Section R308.1 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. R3 08.1 Site Address. New and existing buildings,
apartment units, condominium units, suites, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5-239 of the Fontana Municipal Code.

(e) Section R306.1 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Notwithstanding the requirements of Sec. R3 06, all
construction within a flood hazard area shall comply with the requirements of Article II of Chapter 12 of the Code of the City.

(f) Section BF105.2 of Appendix Chapter H of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. BF105.2 Footings. A patio cover may be supported
on a concrete slab on grade without footings, provided all of the following conditions are met:

1. The supporting slab is not less than 3 1/2 inches thick; and

2. The supporting columns do not support live and dead
loads in excess of 750 pounds per column; and

3. The patio cover is constructed solely out of aluminum and/or other similar light weight material, and has a current valid International Code Council Evaluation Report or Council of American Building Officials Nationa l Evaluation Report (or 79 Ordinance No. 1975

equal) clearly stating that: (a), a slab 3 1/2 inches thick is structurally adequate; (b), footings are not required; and (c), how the patio cover is to be anchored/held-down to resist uplift forces based on a minimum nominal de sign wind speed, of 100 miles per hour.
(g) Section 115922(a) of Appendix CI of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code is hereby amended by rewriting the section in its entirety to read as follows:
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool and/or spa or the remodeling of an existing pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two drowning prevention safety features, one of which shall be an enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single -family h ome. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)(4) or (5). Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature
requirement. In addition to the foregoing, the respective swimming pool or spa shall be equipped with at least one of the following four drowning prevention safety features:
(1) Removable mesh fencing that meets American Society
for Testing and Materials (ASTM) Specifications F2286
standards in conjunction with a gate that is self -closing and self -latching and can accommodate a key lockable
device.
(2) An approved safety pool cover, as defin ed in
subdivision (d) of Section 115921.
(3) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be
independently certified to the ASTM Standard F22 08
“Standard Safety Specification for Residential Pool
Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection
alarm feature designed for individual use, including an 80 Ordinance No. 1975

alarm attached to a child that sou nds when the child
exceeds a certain distance or becomes submerged in
water, is not a qualifying drowning prevention safety
feature.
(4) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting
standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).”

Section 10. Article II of Chapter 5 of the Code of the City of Fontana is hereby amended by renaming and rewriting the Article in its entirety to read as follows:

“Article II. International Property Maintenance Code

Sec. 5-36. Adoption; copy on file.

The 202 5 Edition of the International Property Maintenance Code, published by the International Code Council, is hereby adopted and reference is hereby made to the copy now on file in the clerk’s office of the city.

Sec. 5-37. Changes and Amendments.

(a) Section 303.2 of the 2024 International Property Maintenance Code is hereby amended by rewriting the section in its entirety to read as follows:

Section 303.2 Enclosures must comply with Section 115923 of Appendix CI of the 2024 California Residential Code as amended by the City of Fontana.

(b) Section 304.3 of the 2024 International Property Maintenance Code is hereby amended by rewriting the section in its entirety to read as follows:

Section 303.2 Site Address. New and existing
buildings, apartment units, condominium units, suites, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5 -239 of the Fontana Municipal Code.

Section 1 1. Article XXII of Chapter 5 of the Code of the City of Fontana is 81 Ordinance No. 1975

hereby added by this Article in its entirety to read as follows:

“Article XXII Wildland-Urban Interface Code
Sec. 5-615. Adoption; copy on file.

The 202 5 Edition of the California Wildland-Urban Interface Code, published by the International Code Council, is here by adopted and reference is hereby made to the copy now on file in the clerk’s office of

the city.

Sec. 5-616. Changes and Amendments.

The 2025 Edition of the California Wildland-Urban Interface Code is hereby adopted with no amendments.”

Section 12. Severability/Interpretation. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance is held to be invalid or void by a court of competent jurisdiction, such invalidity or voidance shall not affect the other provisions or applications which can be given effect without the invalid provision or application; and to this end, the provisions of this Ordinance are required to be severable.

This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity. If any provision of Chapter 5 of the Code of the City or the application thereof to any person or circumstance is determined to be in conflict with any other applicable code, law, or ordinance, the most restrictive re quirements shall be deemed applicable and enforced.

Section 13. The adoption of the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 202 4 International Building Code; the California Plumbing Code, based on the 202 4 Uniform Plumbing Code; the California Electrical Code, based on the 202 3 National Electrical Code; the California Mechanical Code, based on the 202 4 Uniform Mech anical Code; the California Existing Building Code, based on the 202 4 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 202 4 International Residential Code, the California Wildland-Urban Interface Code, based on the 2024 Wildland -Urban Interface Code and the 202 4 International Property Maintenance Code, does not commit the City to any action that may have a significant effect on the environment, and as per Section 15378 of the S tate of California Environmental Quality Act (“CEQA”) Guidelines, such action does not constitute a project subject to the requirements of CEQA. In the alternative, the adoption is exempt from CEQA under State CEQA Guidelines section 15061 (b)(3) as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. Staff is directed to file a Notice of Exemption.
82 Ordinance No. 1975

Section 1 4. This ordinance shall take effect thirty (30) days after the date of its adoption.

Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted in the Herald News, a newspaper of general circulation in the City, and shall post a certified copy of the proposed Ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published in the same manner as specified above, including the vote

for and against the same, and shall post a certified copy of the adopted Ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.

APPROVED AND ADOPTED this 28th day of October 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 14th day of Octo ber 2025, and was finally passed and adopted not less than five days thereafter on the 28th day of October 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
City Clerk of the City of Fontana

_______________________________
Mayor of the City of Fontana

83 Ordinance No. 1975

ATTEST:

_______________________________
City Clerk

84 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0535 Agenda Date: 10/28/2025
Agenda #: D. Category: Consent Calendar
FROM:

Innovation & Technology
SUBJECT:

Video Management System Replacement
RECOMMENDATION:

1. Authorize the Purchasing Division to “Piggy-Back” from the Omnia Partners contract (#R250206) for the purchase and implementation of the Verkada Video Management System (VMS) per Purchasing Policies and Procedure Manual 3.1.5 (Cooperative Purchasing Agreement) to replace the City’sexisting Hexagon Ocularis system, which has reached end of life and end of support.

2. Approve the purchase from VectorUSA of Rancho Cucamonga, CA in the amount of $735,807.81.

COUNCIL GOALS:
· Improve public safety by utilizing other City programs to help reduce crime. · Operate in a businesslike manner by improving services through the effective use of technology.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the City's existing infrastructure.

DISCUSSION:

The City currently utilizes Hexagon’sOcularis Video Management System (VMS) to manage security camera footage across multiple facilities. Ocularis has reached end of life and end of support as of October 2025, meaning the software will no longer receive updates, patches, or manufacturer assistance. Continued reliance on unsupported software introduces operational and cybersecurity risks while limiting compatibility with newer camera technology. Additionally, the system relies on on- premise servers and storage that require ongoing maintenance and periodic replacement, adding to overall support costs.

To address these challenges, staff evaluated modern video management platforms and identified Verkada as the preferred replacement solution. Verkada provides a cloud-managed system that eliminates the need for on-premise video servers and storage, reducing hardware, power, and cooling costs as well as the IT resources required to maintain them. The cloud-based architecture also allows the City to add new cameras without expanding its server or storage footprint-an inherent limitation of the current system. Verkada’scentralized management console simplifies administration, while built-in redundancy and automatic software updates enhance reliability, cybersecurity, and system uptime.

City of Fontana Printed on 10/21/2025Page 1 of 2
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85 File #: 25-0535 Agenda Date: 10/28/2025
Agenda #: D. Category: Consent Calendar
Verkada cameras also include an industry-leading ten-year warranty, significantly exceeding the coverage offered by most camera manufacturers. This extended warranty allows for more accurate long-term cost planning and reduces the need for replacement hardware and support contracts over the life of the system. Combined with the lower infrastructure overhead of a cloud-based platform, this results in substantial lifecycle savings compared to traditional on-premise solutions.

The transition to Verkada will also deliver major functional improvements, including high-resolution video, advanced analytics, motion and object-based search, and secure remote access from both desktop and mobile devices. These capabilities enhance situational awareness, improve investigative efficiency, and strengthen the City’s ability to safeguard its facilities and the public.

Staff recommend replacing approximately half of the City’sexisting cameras during the current fiscal year to distribute costs over multiple years. Priority has been given to areas that would most benefit from Verkada’sanalytics capabilities and to locations where existing cameras have degraded due to age, resulting in poor image quality. Replacements include:

Site No. of Cameras
Civic Center Campus 2
Fontana Park Aquatics Center 9
Fontana Community Senior Center 43
Metrolink Station 10
Police Department 95
Traffic Intersections 102
Procurement of the Verkada system will be completed through the Omnia Partners cooperative purchasing contract (#R250206) from their authorized partner. Utilizing this contract ensures competitive pricing, expedites acquisition, and allows the City to implement the new system without delay.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $735,807.81 and is included in the 2025 -26 adopted budget in the Hardware Replacement Program project 02621003-102-B-8315. The recurring licensing and subscription costs associated with the Verkada VMS will be funded through the IT Department’s operation budget from account number 10226206 and no additional General Fund support will be required.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/21/2025Page 2 of 2
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86 Version May 13, 2024

Weapons and Threat Detection Equipment, Services and Other Solutions Executive Summary

Lead Agency: Region 4 ESC Solicitation: 25-02
RFP Issued: October 10, 2024 Pre-Proposal Date: October 31, 2024 10:00 AM Response Due Date: November 21, 2024 2:00 PM Proposals Received: 7 Awarded to:

Athena Security, Inc.

Bluum USA, Inc.

Flock Group Inc. d/b/a Flock Safety
Genetec, Inc.

School Specialty, LLC
Verkada Inc.

Region 4 ESC Department of Procurement issued RFP 25-02 on October 10, 2024 , to establish a national cooperative contract for Weapons and Threat Detection Equipment, Services and Other Solutions.

The solicitation included cooperative purchasing language in Section II – NATIONAL CONTRACT:

Region 4 ESC, as the Principal Procurement Agency, defined in Appendix D, has partnered with OMNIA Partners, Public Sector, Inc., a Delaware corporation (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, RFP Page 3 including state and local governmental entities, public and private primary, secondary and higher education entities, non -profit entities, and age ncies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement.

Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuan t to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on Appendix D, or as otherwise agreed to. Appendix D contains additional information about OMNIA Partners and the cooperative purchasing program.

Notice of the solicitation was sent to potential offerors, as well as advertised in the following:

• Region 4 ESC website
• OMNIA Partners website
• USA Today, nationwide
87 Version May 13, 2024
• Arizona Business Gazette, AZ
• San Bernardino County Sun, CA
• Honolulu Star-Advertiser, HI
• The Herald-News – Will County (IL)
• The Advocate – New Orleans, LA
• The New Jersey Herald, NJ
• Albany Times Union, NY
• Daily Journal of Commerce, OR
• The State, SC
• Deseret News, UT
• Richmond Times-Dispatch, VA
• Seattle Daily Journal of Commerce, WA
• Helena Independent Record, MT
• Las Vegas Review-Journal
• Kennebec Journal, ME
• Houston Chronicle, TX

Socio-economic Outreach: To encourage participation of small businesses, minority owned businesses and women owned businesses were notified of the Request for Proposal.

On November 21, 2024 proposals were received from the following offerors:

• Athena Security, Inc.
• Dowley Security Systems, Inc.
• Bluum USA, Inc.
• Flock Group Inc. d/b/a Flock Safety
• Genetec, Inc.
• School Specialty, LLC
• Verkada Inc.

The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with Athena Security, Inc., Bluum USA, Inc., Flock Group Inc. d/b/a Flock Safety, Genetec, Inc., School Specialty, LLC, and Verkada Inc. and proceeding with contract award(s) upon successful completion of negotiations.

Geographic Preferences: No geographic preferences were included in the evaluation of the responses.

Region 4 ESC, OMNIA Partners and Athena Security, Inc., Bluum USA, Inc., Flock Group Inc. d/b/a Flock Safety, Genetec, Inc., School Specialty, LLC, and Verkada Inc. successfully negotiated a contracts, and Region 4 ESC executed the agreements with a contract effective date of April 1, 2025.

Contract includes: Weapons and Threat Detection Equipment, Services and Other Solutions

Term:

The anticipated full term of the contract is five (5) years. The Successful Offeror(s) shall have the right to enter local “service” agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may 88 Version May 13, 2024
have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any local agreements, project agreements, or maintenance agreements executed against resulting Master Agreement(s) during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by the Successful Offeror(s) and Participating Public Agencies.

The initial term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right in its sole discretion to renew the Contract for an additional term of up to two (2) years or for a lesser period of time as determined by Region 4 ESC by providing written notice to the Contractor of Region 4 ESC’s intent to renew thirty (30) days prior to the expiration of the original term.

Pricing/Discount: Discounts range from 5% to 30% of catalog prices depending on the supplier.

89 10/3/2025
VRN 127064-004
Date:

Vector Resources, Inc.
dba VectorUSA
8647 Ninth Street
Rancho Cucamonga, CA 91730
P: (909) 931 1022
Verkada Deployment
Company Site
City of Fontana
8353 Sierra Ave.

Fontana, CA 92335
City IT Department
8353 Sierra Avenue
Fontana, CA USA
This quote is for the listed materials only, no professional services are being quoted.

Pricing is based off of OMNIA contract #R250206
Scope of Work
2 Outdoor PTZ 4K, 1TB 30 Day 2,537.46 5,074.92CP63-1TBE-HWVerkada 121 Outdoor PTZ 5MP, 30 Days 2,145.42 259,595.82CP52-512E-HWVerkada 34 Outdoor 4 Lens Multi
Sensor5MP,365 Day
6,857.46 233,153.64CH52-8TBE-HWVerkada
24 Indoor Dome 5MP, Zoom Lens,
365 Day
1,997.46 47,939.04CD53-2TB-HWVerkada
299 Outdoor Dome 5MP, Zoom Lens,
365 Day
2,066.47 617,874.53CD53-2TBE-HWVerkada
1 Outdoor Bullet, 5MP 365 Day 2,213.46 2,213.46CB52-2TBE-HW-FVerkada 26 Outdoor 2 Lens Multi Sensor
5MP, 30 Day
3,887.46 101,073.96CY53-4TBE-HWVerkada
26 1yr, 2 Lens Multi Sensor Camera
License
209.40 5,444.40LIC-CAM-MLT2-1Y-
CAP
Verkada
34 1yr, 4 Lens Multi Sensor Camera
License
359.40 12,219.60LIC-CAM-MLT4-1Y-
CAP
Verkada
447 1yr, Camera License 119.40 53,371.80LIC-CAM-1Y-CAPVerkada 1353 1yr Cloud Storgage- 30 Day
Capacity

50.49 68,312.97LIC-CLD-30-1Y-CAPVerkada
Qty Description Unit Price Extended Price
Project Name
QQ-4 Updated Cameras Max Capacity
Change Name
MfrMfr
90 VRN 127064-004
Assumptions and Exclusions: The above stated assumptions and exclusions are fully integrated and incorporated within the below terms and conditions and are to be treated as one inclusive document.

Scope of Services: VectorUSA agrees to provide the services stated in this Agreement for all Customer Premise Equipment (“Equipment”). VectorUSA does not warrant that the operation of any listed Equipment shall be uninterrupted. The services to be supplied by VectorUSA for the total charge set forth on this Agreement shall consist of personnel services required to respond appropriately to Customer incidents and issues, and requests for additional professional services and materials as required.

Charges for materials and services outside the scope of this Agreement but still required to resolve Customer requests shall be due and payable upon receipt of an invoice after the completion of the installation, repair, or other service. The charges and all other charges payable to VectorUSA under this Agreement are exclusive of federal, state or local tax, other than a tax on net income now or hereafter in effect or become applicable to any payment due under this Agreement, or to the Customer’s equipment. The Customer shall file all necessary tax returns and shall pay all such taxes.

Access: Customer agrees to maintain, where required, a full time, dedicated Internet connection and to allow VectorUSA access to the Customer’s network via that Internet connection. Customer agrees to allow VectorUSA employees or subcontractors access to its facilities in order to perform services under this Agreement. Customer agrees to allow VectorUSA access to the covered Equipment. Customer agrees to allow VectorUSA to load any necessary management software on their systems and / or install a VectorUSA-owned device on the Customer network as required. Customer agrees to furnish VectorUSA with Administrator-level password access for all covered Equipment and servers, where necessary. VectorUSA agrees not to prevent Customer from accessing any Equipment owned by the Customer. If persons other than VectorUSA representatives shall perform maintenance, or repair the Equipment, and as a result further repair by VectorUSA is required to restore the Equipment to good operating condition, such repair will be made at rates for additional onsite service established in this Agreement.

Limited Warranty: VectorUSA warrants to the Customer that the material, analysis, data, programs and SERVICES to be delivered or rendered hereunder will be of the kind and quality designated and will be performed by qualified personnel. VECTOR USA MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability: The Customer agrees that VectorUSA will not be liable for any special, incidental, indirect, or consequential damages hereunder, including but not limited to the loss of profit, or liability to third parties, however caused, whether by the act or negligence of VectorUSA or otherwise. It is recognized that the Equipment contains memories or other devices which have accumulated substantial data. In no event shall VectorUSA be liable to the Customer if any such data is lost or rendered inaccurate, regardless of the cause of any such loss or inaccuracy.

VectorUSA’s liability on any claim of loss or liability, arising out of or connected with this Agreement (including, but not limited to, loss or liability arising from VectorUSA’s breach of contract of any alleged act or negligence of VectorUSA) shall in no case exceed the total purchase price of services covered under this Agreement. In no event shall VectorUSA’s liability for any services under this Agreement exceed $25,000. VectorUSA will in no way be held responsible and / or liable for damages, monetary or otherwise, by customer, or any other affected party, in the event of a security breach or network security-related outages, damages, losses, etc.

In no event shall either VectorUSA or the Customer be liable to the other for any indirect, special, punitive, exemplary, incidental or consequential damages (including, but not limited to, lost profits, lost business opportunities, or loss of use or equipment down time, and loss of or corruption to data) arising out of or relating to any portion of this Agreement, regardless of the legal theory under which such damages are sought, and even if VectorUSA has been advised on the possibility of such damages or loss.

Excusable Delays: VectorUSA shall not be liable for any failure or delay in furnishing maintenance or spare parts hereunder resulting from fire, explosion, flood, storm, Act of God, governmental acts, orders or regulations, hostilities, civil disturbances, strikes, labor difficulties, difficulty in obtaining parts, supplies, or shipping facilities, inability to obtain or delays in obtaining suitable material or facilities required for performance, temporary unavailability of qualified personnel, failure by Customer to provide full and appropriate access to the covered Equipment, failure of monitoring hardware or software, Customer Internet connection failure, or other causes beyond VectorUSA’s reasonable control.

Exclusions: THIS AGREEMENT DOES NOT INCLUDE THE REPAIR OR REPLACEMENT OF ANY HARDWARE PRODUCT, OR ANY SOFTWARE LICENSING EXCEPT SOFTWARE INSTALLED AND USED EXCLUSIVELY BY VECTOR USA TO PROVIDE MONITORING AND REPORTING SERVICES. Charges for the above will be on a Time and Materials basis. The Customer is advised to maintain hardware warranties on covered equipment at their own discretion and expense. Customer is responsible to assure all software used by the Customer is appropriately licensed.

Confidentiality, Publication and Non-Compete: VectorUSA and the Customer agree that any and all information identified by the other as "Confidential" and / or "Proprietary", or which, under all of the circumstances, ought reasonably to be treated as Confidential and / or Proprietary, will not be disclosed to any third person without the express written consent of the other party. Confidential Information includes, but is not limited to, information about the respective entities' products and services, information relating to purchasing, accounting, pricing, marketing and customers not generally known in the business in which the entity has been, is or may become engaged and which is developed by, disclosed to, or becomes known as a consequence of or through each party's relationship with the other. Confidential Information does not include any information or development: (i) which is or subsequently becomes available to the general public other than through a breach by the receiving party; (ii) which is already known to the receiving party before disclosure by the disclosing party; (iii) which is developed through the independent efforts of the receiving party; or (iv) which the receiving party rightfully receives from third parties without restriction as to use. Upon the expiration of the term of this Agreement, VectorUSA shall, and shall instruct its agents to whom Confidential Information was disclosed pursuant hereto, continue to treat as confidential and preserve the confidentiality of all Confidential Information received from the Customer.

Neither VectorUSA nor Customer shall directly or indirectly, solicit, recruit or hire any Customer or VectorUSA personnel, whether or not such personnel performed work for the Customer, during the term of this agreement and for a period of one (1) year after the termination of this agreement. The provisions of this Section shall survive the termination or expiration of the Agreement.

Assignment: This Agreement may not be assigned by either the Customer or VectorUSA without the prior written consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto.

Prevailing Wage: Unless specifically stated in the scope of work VectorUSA has based this proposal on non-prevailing wage labor rates. If we are informed or it is determined later that the project is subject to prevailing wage rates for the performance of the public work portion of the contract, VectorUSA will submit those changes / additional costs that the project may incur will be address in the form of a written change order. 91 VRN 127064-004
Software and Operating System Errors: This Agreement is limited to services specifically defined in this Agreement. It is the responsibility of the Customer to ensure that all of its files are adequately backed up and that all necessary materials are available, including manufacturer recovery media for software and other software to be reloaded. In no way is VectorUSA liable for defects or “bugs” in software, or for correcting errors introduced into the data, programs, or any other software due to hardware failure, or for any cost of reconstructing software or lost data. Any technical support required to restore data integrity or to make the system function, such as, but not limited to, rebuilding corrupted records, examining files, re-installation of O / S or Software, or re-indexing databases, will be billed separately on a Time and Materials basis.

Applicable Law: This Agreement shall be governed by the laws of the State of California. It constitutes the entire Agreement between the Customer and VectorUSA. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by the Customer for the repair or maintenance of the Equipment in the Equipment.

Either party may terminate this Agreement at any time for failure of the other to comply with any of its Terms and Conditions.

The Customer represents that he is owner of the Equipment subject to this Agreement or if not the owner, he has authority to enter into the Agreement.

Scope of Agreement: If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and both the Customer and VectorUSA hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not hereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to the law.

Integration Clause: This instrument contains the entire agreement between the parties hereto and supersedes any and all prior written and / or oral agreements. This Agreement may be altered or modified only in writing signed by the parties hereto.

Sales Tax: Sales Tax shall be calculated and billed based on the effective tax rates at the date of invoice.

Payment and Termination: All payments are due net 30 from the date of invoice. VectorUSA reserves the right to stop work, delay delivery of services and / or products for failure by customer to pay within terms of this agreement. VectorUSA reserves the right to deem this contract in default immediately and terminate it if the payment is delinquent more than thirty (30) days. If customer is in default in the payment of the Agreement charge(s) and fails to cure such default within ten (10) days after receiving written notification of such default, the Customer agrees to pay reasonable collection costs, late charges and / or Attorney Fees. Late charges, if levied, shall be assessed at 1.5% monthly or 18% annually.

Contract: Unless otherwise agreed upon in writing this contract will be executed as a fixed price contract..

Price Guarantee: Due to the volatility in markets affecting material costs across all product lines we can only guarantee material costs for 30 days unless otherwise specified. If a purchase order is not received within the guaranteed window any increases will be addressed through a new proposal and / or change order.

Lead Time Disclaimer: Lead times on material orders are verified at the time we submit our proposals based on our understanding of the anticipated project period of performance. With the current volatility in the market driven by supply and demand those lead times cannot be guaranteed past the date of the proposal. Lead times will be refreshed once a purchase order is received and if any items have lead times that impact the project timeline a Stakeholder notification will be sent. If needed alternative “equivalent” products may be discussed and if agreed upon substituted to maintain the desired period of performance
Indemnification: The Parties agree to hold each other, their employees, officers, directors, affiliates, and agents harmless from and to defend and indemnify each other from and against any and all claims, actions, disputes, fines, penalties, liquidated damages, reasonable legal costs, or other loss or liability arising from the negligent acts or omissions of the Party, its employees, officers, directors, affiliates and agents under this Agreement. .

Acceptance of Order: This quote is valid for 30 days. The prices, specifications and conditions are satisfactory and are hereby accepted. VectorUSA is authorized to do the work as specified. Signature and Purchase Order due upon acceptance. $1,406,274.14Materials:

Labor:

Tax: $110,855.97
$1,517,130.11Job Total
Prepared By Scott Shiffer
Customer Signature
Date
Printed Name
Prepared For City of Fontana
VectorUSA Signature
Date
Printed Name
92 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0549 Agenda Date: 10/28/2025
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Task Order No. 2 (DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
RECOMMENDATION:

Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 2 (DE-24- 195-SQ) with NV5, Inc. in the amount of $180,000, and an amended Task Order total of $279,000 for additional plan check, map check, and WQMP review services.

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

DISCUSSION:

On June 25, 2024, the City Council approved the Pre-Qualified Firms List to provide professional engineering services and authorized the City Manager to execute a Master Agreement with selected firms on an as-needed basis for a period of five (5) years from approval. Subsequently, the City and NV5, Inc. entered into a Master Agreement that included map checking, engineering plan checking, hydrology/hydraulic studies, and WQMP checking services.

Due to staffing shortages and a high volume of plan review requests, an amendment in the amount of $180,000 is requested to the existing task order of $99,000 to provide timely plan check review services.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $180,000 and is included in the 2025-26 budget in the General Fund (Fund 101), in accounts 10137404-8116 in the amount of $60,000, 10137404-8130 in the amount of $60,000, and in the Storm Water Compliance Fund (Fund 125) in account 12537401-8130 in the amount of $60,000.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/22/2025Page 1 of 1
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93 STANDARD TASK ORDER FORM

RVPUB\PKNOX\729481.1 (v8/22)

Consultant:

Date:

Proposal Bid No.:

Task Order #:

Contract No.:

Budget No.:

Task / Project Name:

Description of Services:

Estimated Start Date:

Estimated End Date
Dollar Amount of Task Order: Not to exceed $

Scope of Work, Deliverables, Project Milestones, Schedule of Services: See Exhibit(s)

Note: Consultant will be required to commence work within five days of receiving a fully executed Task Order.

Docusign Envelope ID: CBC03425-EFF4-4BD2-9E54-7FD426FD9C11 DE-24-195-SQ
07/01/2025
NV5, Inc.

DE-24-195-SQ
To provide On-Call Plan Checking Services, Map Checking Services, WQMP Review for Fiscal Year 2025-2026.
12537401.8130
99,000.00
Plan Checking Services, Map Checking
Services, WQMP Review
06/30/2026
07/01/2025
10137404.8130
2 94624
The Consultant is hereby authorized to perform the following task order subject to the provisions of the Contract identified in the Professional Agreement Contract Number:

RVPUB\PKNOX\729481.1 (v8/22)

CITY OF FONTANA

By:

City Manager
(Required if Over $50,000)

By:

By:

Deputy City Manager

Attest: 1
By:

By:

Department of Engineering

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Finance

Purchasing Office

1 Attestation of Consultant’s signature must be obtained when required by the by -laws, articles of incorporation or other laws, rules or regulations applicable to Consultant’s business entity.

Docusign Envelope ID: CBC03425-EFF4-4BD2-9E54-7FD426FD9C11 NV5, Inc.

DE-24-195-SQ
95625
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0568 Agenda Date: 10/28/2025
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Rip-Rap Maintenance Easement with Southern California Edison (“SCE”) Company near Sierra Avenue & Coyote Canyon Road (formerly Lytle Creek Road) for I-15 Logistics (Caprock) RECOMMENDATION:

Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.

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

DISCUSSION:

On June 2, 2020, the City of Fontana Planning Commission approved MCN No. 15-078 and Design Review No. 16-003 to consolidate twelve parcels into two parcels and a remainder parcel, totaling approximately 83 acres for the development of a new commerce building totaling approximately 1,171,788 square feet. To adhere to the Conditions of Approval, the developer is constructing storm drain improvements along Coyote Canyon Road (formerly Lytle Creek Road) near Sierra Avenue.

As part of the project’s storm drain improvements, the developer designed riprap to mitigate flows within the SCE area. Consequently, the developer must obtain an easement from SCE and secure California Public Utilities Commission (CPUC) approval for these improvements to enable City maintenance.

FISCAL IMPACT:

There is no fiscal impact associated with approving a Rip-Rap Maintenance Easement. Funding for the maintenance work is included in the FY 2025-2026 budget under the Public Works & Engineering Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/22/2025Page 1 of 1
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96 Sheet ______of_______
City Index No. 6265

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant of Easement

DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73647A Service Order: 802369802
Location: City of Fontana
APN: 0239-092-08
V&LM File No: GRT204312835
SCE Document: 267880

___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

VEGETATION & LAND

MANAGEMENT

BY SF DATE 09/23/2025
SCE Law Approved: CKK

This Grant of Easement (“Agreement”) dated for reference purposes as of (date), is entered into by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor" and City of Fontana, a municipal corporation, hereinafter called "Grantee."

RECITALS
WHEREAS, Grantor is the fee owner of that certain real property located in the City of Fontana, County of San Bernardino, California, more particularly described on Exhibit A and depicted on Exhibit B (“Easement Area”), both of which is attached hereto and incorporated herein by this reference; and

WHEREAS, Grantor and Grantee desire to enter into this Agreement for the purpose of establishing a maintenance and access easement for rip -rap purposes in, on, along and across the Easement Area.

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Grantor and Grantee hereby agree as follows:

AGREEMENT

On and subject to the terms, conditions, restrictions and reservations set forth herein, Grantor does hereby grant to Grantee, and its successors and assigns, a nonexclusive maintenance and access easement in, on, under, over, along and across the Easement Area for the purposes of maintaining, replacing and repairing of existing rip-rap on the Easement Area (“Easement”).

The Easement is made subject to the following terms and conditions:

1. The Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the Easement Area, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and 97 Grant of Easement
S.C.E., a corporation to
City of Fontana,
Serial No. 73647A
V&LM File No.: GRT204312835
Affects SCE Document(s): 267880

Sheet ______of_______
City Index No. 6265

2 appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes. The Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution or communication lines, pipelines, or other conduits of Grantor.

2. Grantor shall have access to its facilities, consistent with the nature of a non -exclusive easement.

3. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Agreement .

4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from or growing out of loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting, directly, by reason of the exercise of the Grantee’s rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability arise from Grantor’s sole negligence or willful misconduct .

5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of thirty -five (35.00) feet between their equipment and any and all overhead electric conductors.

6. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described Easement Area and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger.

7. The above described Easement Area is to be used only for the purposes specified herein and in the event:

a. the Easement Area is not so used;

b. the Easement Area is vacated as a rip -rap right of way; or

c. the project for which this Easement is being granted is abandoned,

the Easement shall thereupon, revert to and merge in the interest of Grantor in the above described real property.

8. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within ninety (90) days after service of a written demand therefore, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given.

98 Grant of Easement
S.C.E., a corporation to
City of Fontana,
Serial No. 73647A
V&LM File No.: GRT204312835
Affects SCE Document(s): 267880

Sheet ______of_______
City Index No. 6265

3 9. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that rip -rap (which may also be referred to herein as “Improvement”,) for which the Easement is given, regardless of the time performed, shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor.

10. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the Improvement to be located on the Easement Area at its own expense. Grantee agrees to comply with all applicable federal, state and local laws and regulations

11. Grantee hereby recognizes Grantor’s title and interest in and to the above described Easement Area and agrees never to assail or resist Grantor’s title or interest therein.

12. Any earth fill placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent (90%).

13. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Grantor’s right of way and/or rendered immobile.

14. Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/or other improvements which may at any time be installed at this location, which special assessment or assessments have been paid by Grantor.

15. Grantee agrees that no additional structures will be installed on the above described Easement Area.

16. Grantee agrees not to store flammable materials nor store any vehicle on the above described Easement Area.

17. This Agreement shall not become effective unless and until it is approved by the California Public Utilities Commission (“CPUC”) pursuant to and in accordance with Public Utilities Code Section 851. Grantor reserves the right to cancel and revoke this easement should the CPUC not approve the easement or if it imposes conditions on this easement or the granting of it that are unacceptable to Grantor.

(THIS SPACE LEFT INTENTIONALLY BLANK; SIGNATURE PAGE TO FOLLOW)

99 Grant of Easement
S.C.E., a corporation to
City of Fontana,
Serial No. 73647A
V&LM File No.: GRT204312835
Affects SCE Document(s): 267880

Sheet ______of_______
City Index No. 6265

4 IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this _______ day of _____________________ , 20____.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By:

Monica Contreras
Real Estate Facilities Advisor
Land Management – Eastern Region
Vegetation & Land Management

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , 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.

Signature _______________________________

100
Grant of Easement
S.C.E., a corporation to
City of Fontana,
Serial No. 73647A
V&LM File No.: GRT204312835
Affects SCE Document(s): 267880

Sheet ______of_______
City Index No. 6265

5 GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions.

DATED as of this _______ day of _____________________ , 20____.

CITY OF FONTANA, a municipal corporation

By:

Name:

Title:

By:

Name:

Title:

101
Grant of Easement
S.C.E., a corporation to
City of Fontana,
Serial No. 73647A
V&LM File No.: GRT204312835
Affects SCE Document(s): 267880

Sheet ______of_______
City Index No. 6265

6 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , 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.

Signature _______________________________

102
Grant of Easement
S.C.E., a corporation to
City of Fontana,
Serial No. 73647A
V&LM File No.: GRT204312835
Affects SCE Document(s): 267880

Sheet ______of_______
City Index No. 6265

7 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , 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.

Signature _______________________________

103
Grant of Easement
S.C.E., a corporation to
City of Fontana,
Serial No. 73647A
V&LM File No.: GRT204312835
Affects SCE Document(s): 267880

Sheet ______of_______
City Index No. 6265

8 CITY OF FONTANA ACCEPTANCE CERTIFICATE

This is to certify that the interest in real property conveyed by the deed or grant deed dated_______________from____________________________________________, to the City of Fontana, a California Municipal Corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by Resolution 91- 152 of the City Council adopted on July 16, 1991 ; and the grantee consents to the recordation thereof by its duly authorized officer.

By:

Gia Lam Kim, P.E.

City Engineer
City of Fontana

104
CPRKI15L.0001
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P:\C\CPRKI15L0001\0600INFO\SV\0695LegalDescriptions\Rip-Rap Easement Area EXHIBIT “A”

LEGAL DESCRIPTION
SERIAL NO. 73647A
PORTION OF APN 0239-092-08

SLOPE AND RIP-RAP MAINTENANCE EASEMENT

THAT PORTION OF LOT 13 OF MAP SHOWING SUBDIVISION OF LANDS BELONGING TO THE SEMI -

TROPIC LAND AND WATER COMPANY , IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 6, PAGE 12 OF MAPS IN THE OFFICE OF THE RECORDER FOR

SAID C OUNTY , ALSO BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO SOUTHERN CALIFORNIA EDISON BY GRANT DEED RECORDED DECEMBER 30, 1966 IN BOOK 6751, PAGE 138 AS INSTRUMENT NO. 492 , OFFICIAL RECORDS OF SAID COUNTY , DESCRIBED AS FOLLOWS WITH BEARINGS BASED ON PARCEL MAP NO. 19712, FILED IN BOOK 263, PAGES 23 THROUGH 31, INCLUSIVE, OF PARCEL MAPS IN SAID COUNTY RECORDER’S OFFICE:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF THE REMAINING NORTHEASTERLY

70.00 FEET OF SIERRA AVENUE WITH THE CENTERLINE OF THE 40.00 FOOT WIDE RIGHT OF WAY OF LYTLE CREEK ROAD AS SHOWN ON SAN BERNARDINO COUNTY SURVEYOR’S MAP NO. CS- 3089, AS WELL AS ON THAT CERTAIN MAP FILED IN BOOK 171, PAGE 71 OF RECORDS OF SURVEY , RECORDS OF SAID COUNTY; THENCE

1. ALONG SAID CENTERLINE OF SIERRA AVENUE, SOUTH 24º14’05” EAST, 100.51 FEET TO A

POINT ON SAID CENTERLINE AT RIGHT ANGLES FROM THE POINT OF INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID 70.00 FOOT WIDE REMAINDER WITH THE SOUTHEASTERLY RIGHT OF WAY LINE OF THAT CERTAIN 60.00 FOOT WIDE UNNAMED STREET (NOW KNOWN AS COYOTE CANYON ROAD) BETWEEN SAID LOT 13 AND LOT 11 OF SAID MAP BOOK 6, PAGE12; THENCE

2. AT RIGHT ANGLES FROM SAID CENTERLINE OF SIERRA AVENUE, SOUTH 65 º 45’55” WEST,

35.00 FEET TO SAID POINT OF INTERSECTION DESCRIBED IN THE PREVIOUS COURSE; THENCE

3. ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE OF THE 60-FOOT WIDE UNNAMED STREET NOW KNOWN AS COYOTE CANYON ROAD, SOUTH 25 º 59’45” WEST, 561.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE

4. LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE, AT RIGHT ANGLES THEREFROM, SOUTH 64°00’15” EAST, 20.00 FEET TO A LINE PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF SAID SOUTHEASTERLY RIGHT OF WAY LINE; THENCE

5. ALONG SAID PARALLEL LINE, SOUTH 25°59’45” WEST, 105.00 FEET; THENCE

105
CPRKI15L.0001
W.O. 802369802 NOT. 204312835
Sheet ____ of ____
City Index No. 6265

P:\C\CPRKI15L0001\0600INFO\SV\0695LegalDescriptions\Rip-Rap Easement Area SERIAL NO. 73647A

6. AT RIGHT ANGLES TO SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 64°00’15” WEST,

20.00 FEET TO SAID SOUTHEASTERLY RIGHT OF WAY LINE; THENCE

7. ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 25°59’45” EAST, 105.00 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 2,100 SQUARE FEET OR 0.048 ACRES, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF .

SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD.

PREPARED BY ME OR UNDER MY DIRECTION:

ROBERT WALKER, LS 7137 DATE 09/22/2025
106
Drawing Name: P:\C\CPRKI15L0001\0400CAD\SV\EXHIBITS\CPRKI15L0001 Rip-Rap Esmt SCE Exhibit B.dwgLast Opened: Sep 22, 2025 - 1:45pm by: sxz EXHIBIT "B"
1"= 500'scalefeet5000500100025152 SPRINGFIELD COURT, SUITE 350SANTA CLARITA, CA 91355Phone: 661-284-7400 PARCEL 1
LYTLE

SIERRA AVENUE
PARCEL 2
Date:Scale:09-22-20251"=500'Job Number:CPRKI15L0001
COYOTE
P.M. NO. 19712
P.M. NO. 19712
~
SERIAL NO. 73647AIN THE CITY OF FONTANA,SAN BERNARDINO COUNTY, CALIFORNIAPORTION OF BOOK 6751, PAGE 138, OFFICIAL RECORDSSEE DETAIL ONSHEET 2 OF 2LYTLECREEKROAD STATE HIGHWAY 15SECTION 18TOWNSHIP 1 NORTH, RANGE 5 WESTSAN BERNARDINO MERIDIANM.B. 6/12(PORTION)SECTION 7SECTION 18COYOTECANYONROADCANYONROAD APN 0239-072-01APN 0239-071-31

RANCHO LINE(RANCHOMUSCUPIABE)
LEGENDINST.= INSTRUMENTREC'D= RECORDEDP.O.C.= POINT OF COMMENCEMENTT.P.O.B = TRUE POINT OF BEGINNINGM.B. 6/12 = MAP BOOK 6, PAGE 12R/W = RIGHT OF WAYC.S.= COUNTY SURVEYOR'S MAPPOR.= PORTIONLS = LICENSED SURVEYORO.R. = OFFICIAL RECORDSP.M. = PARCEL MAPPMB = PARCEL MAP BOOKAPN = ASSESSOR'S PARCEL NUMBERNW= NORTHWEST= CENTERLINECL #= COURSE PER EXHIBIT "A"P.M.B. 263/23-31
P.M.B. 263/23-31
ROBERT WALKER, LS 7137 DATE4 BOOK 6751, PAGE 138, O.R.INST. NO. 492, REC'D 12/30/1966 City Index No. 6265Sheet ____ of ____
09/22/2025
107
S25°59'45"W105.00'S64°00'15"E20.00'LINE TABLELINE #L1L2BEARINGDISTANCEL3S65°45'55"W35.00'L4L5N64°00'15"W20.00'N25°59'45"E105.00'68.16'32.35'S24°14'05"E100.51' S25°59'45"W 561.13'N25°59'45"EL1
L2L4L3L5
30'VARIES20'
30'VARIES20'
104'35'35'34'70'
Drawing Name: P:\C\CPRKI15L0001\0400CAD\SV\EXHIBITS\CPRKI15L0001 Rip-Rap Esmt SCE Exhibit B.dwgLast Opened: Sep 22, 2025 - 1:45pm by: sxz25152 SPRINGFIELD COURT, SUITE 350SANTA CLARITA, CA 91355Phone: 661-284-7400Date:Scale:09-22-20251"=100'Job Number:CPRKI15L0001 EXHIBIT "B"
SUDLANEDRNIACALIFOLICENTEOFSTANo. 7137SRVEYORROBERT WALKER 1"= 100'scalefeet1000100200
LEGENDP.O.C.= POINT OF COMMENCEMENTT.P.O.B = TRUE POINT OF BEGINNING= EASEMENT AREA 2,100 S.F. OR 0.048 AC.

SIERRA AVENUE
ORIGINAL NORTHEASTERLYLINE 150' WIDE R/W PER MB 6/12C/L REMAINING 70' WIDER/W PER C.S. 3089 (FORMERLY RIVERSIDE AVENUE)
LYTLE CREEK ROADCLSOUTHEASTERLY LINE 60' WIDER/W OF UNNAMED STREET PERMB 6/12POR. LOT 11M.B. 6/12NORTHWESTERLY R/W LINEPER C.S. 3089 & R.S. 171/71APN 0239-091-09CL CLPOR. LOT 13M.B. 6/12APN 0239-092-08APN 0239-092-07APN 0239-092-06BOOK 6751, PAGE 138, O.R.INST. NO. 492, REC'D 12/30/1966 SERIAL NO. 73647AIN THE CITY OF FONTANA,SAN BERNARDINO COUNTY, CALIFORNIAPORTION OF BOOK 6751, PAGE 138, OFFICIAL RECORDS12 3 7546
P.O.C.R.S. 171/71APN 0239-091-09
T.P.O.B.ROBERT WALKER, LS 7137DATEBOOK 6751, PAGE 142, O.R.INST. NO. 493, REC'D 12/30/1966 BOOK 6751, PAGE 138, O.R.INST. NO. 492, REC'D 12/30/19664 City Index No. 6265Sheet ____ of ____
09/22/2025
108

Rip-Rap Easement Location

109
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0571 Agenda Date: 10/28/2025
Agenda #: G. Category: Consent Calendar
FROM:

Innovation & Technology
SUBJECT:

Authorization to Donate Computer Equipment to the Affordable Housing - Paseo Verde Apartments Community Computer Lab
RECOMMENDATION:

Adopt Resolution No. 2025-102, authorizing the donation of surplus computer equipment-ten (10) desktop computers and ten (10) monitors-to the community computer lab at the Affordable Housing - Paseo Verde Apartments and authorizing the City Manager or designee to execute any documents necessary to complete the transfer.

COUNCIL GOALS:
· Increase citizen involvement by utilizing technology to promote communication and linkages in the community.

DISCUSSION:

The Innovation and Technology (IT) Department has identified ten computers and ten monitors that have exceeded their useful life within the City’s computing environment and are scheduled for disposal through auction. Staff recommends donating this equipment instead to the Paseo Verde Apartments community computer lab, where it will provide residents-many of whom do not have computers at home-access to updated equipment for schoolwork, job searches, and essential online services.

The equipment will be transferred to the Paseo Verde Apartments community computer lab (“Center”). The Center will assume responsibility for installation, maintenance, software licensing, internet connectivity, and ongoing technical support. Following the transfer, the City shall have no responsibility for operation, upkeep, or future replacement of the donated equipment.

This donation supports digital inclusion and access to essential services for residents, aligns with community engagement goals, and provides a higher public benefit than auctioning minimal-value equipment.

FISCAL IMPACT:

There is no fiscal impact associated with the donation. The equipment has no remaining book value and would otherwise be auctioned. All ongoing costs (maintenance, support, software, and connectivity) will be borne by the recipient.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-102

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, AUTHORIZING THE DONATION OF COMPUTER
EQUIPMENT TO THE AFFORDABLE HOUSING – PASEO VERDE

APARTMENTS COMMUNITY COMPUTER LAB

WHEREAS, the City of Fontana Information Technology Department has identified ten (10) desktop computers and ten (10) monitors that have exceeded their useful life in the City’s computing environment; and
WHEREAS, absent this action, the equipment would be disposed of through surplus auction; and
WHEREAS, the City desires to support digital inclusion and access to educational, employment, and essential online services for residents of the Affordable Housing – Paseo Verde Apartments; and
WHEREAS, the donation of the equipment provides a greater public benefit than auctioning such items; and
WHEREAS, the recipient will assume all responsibility for installation, maintenance, licensing, connectivity, and ongoing support and th e City will have no further obligations after transfer.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows: the City Council of the City of Fontana hereby authorizes the donation of ten (10) desktop computers and ten (10) monitors to the community computer lab at the Affordable Housing – Paseo Verde Apartments and authorizes the City Manager or designee to execute all documents necessary to effectuate the donation.

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

Section 2. Findings/ Approvals. City Council hereby approved the donation of 10 desktop computers and 10 monitors to be used in the Paseo Verde Apartments center computer lab.

Section 3. Effective Date . This resolution shall become effective immediately upon approval by the City Council.

Section 4. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it wou ld have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. 111
Resolution No. 2025-102

Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

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

APPROVED AND ADOPTED this 28th day of October, 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 28th day of October 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

112
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0572 Agenda Date: 10/28/2025
Agenda #: H. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award Bid for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB) RECOMMENDATION:

1. Award bid and authorize the City Manager to execute a construction contract with FieldTurf Inc, USA for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 in the amount of $423,613.86 and authorize a 10% contingency in the amount of $42,362.00 (PW-26-36-SB).

2. Authorize the City Manager to execute any related items on the behalf of the City of Fontana for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB).

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The artificial turf fields at Ralph M. Lewis Sports Park were last replaced in 2015. Since then, the original 8-year warranty period has expired, and they are nearing the end of their expected service life.

On July 22, 2025, the City Council approved the purchase of new replacement artificial turf materials for fields 1 & 2 at Ralph M. Lewis Sports Park. The installation of those materials requires a competitive process. This contract (PW-26-36-SB) is for the labor and installation of those materials and includes the removal and proper disposal of the existing artificial turf. These fields are scheduled to be replaced in early 2026 to avoid conflicts with scheduled games.

On September 23, 2025, at 2:00pm, the bids for this contract were opened. A total of two (2) bids were received ranging from $423,613.86 to $888,980.00. FieldTurf Inc., USA is the lowest bidder in the amount of $423,613.86. The engineer’s estimate was $422,000.00. After reviewing the bid responses, Purchasing Department and Public Works staff have determined FieldTurf Inc., USA to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The total fiscal impact for this contract is $465,975.86. Funding is included in the Fiscal Year 2025- 2026 operating budget in Org# 60437000.8130.

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File #: 25-0572 Agenda Date: 10/28/2025
Agenda #: H. Category: Consent Calendar
MOTION:

Approve Staff Recommendation.

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Bid Results
Ralph M. Lewis Sport
Artificial Turf Installation for Fields 1 & 2
PW-26-36-SB
FieldTurf Inc. USA $423,613.86
Calhoun, GA
Greenfield Management $888,980.00
Hacienda Heights, CA
115
City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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124
City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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125
City of Fontana
Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB), bidding on 09/23/2025 2:00 PM (PDT)

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0584 Agenda Date: 10/28/2025
Agenda #: I. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Purchase and Sale Agreement- Fontana Motor Lodge
RECOMMENDATION:

1. Approve a Purchase & Sale Agreement for the purchase of building and associated land located at 16390 Foothill Boulevard, Fontana, CA 92335 specifically described as APN’s 0190-081 -36 and 0190-081-37 in the amount of $7,500,000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property specifically described as APN’s 0190-081 -36 and 0190-081-37 comprised of approximately 2.3 acres (“Property”) from Ramesh and Radha Patel Revocable Living Trust.

3. Authorize the City Manager to execute the Purchase and Sale Agreement and any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

COUNCIL GOALS:
· 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.
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by address Homelessness through proactive programs, including the efforts of the COAST and MET teams.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state, and federal governments.

DISCUSSION:

The City of Fontana has identified Homelessness and Homeless prevention as a top priority. The Property, if purchased, will serve as a transitional housing for the homeless. The acquisition consists of two parcels with a gross area of approximately 2.3 acres, including a 58 room motel known as the Fontana Motor Lodge.

The City and the Seller have negotiated a Purchase Agreement with the following proposed deal- points:
· The City of Fontana would acquire the property for the price of $7,500,000. · The City of Fontana and Seller, Ramesh and Radha Patel Revocable Living Trust, will equally split any/all escrow fees as appropriate.
· The City will have up to 90 days from the opening of escrow to complete its due diligence on City of Fontana Printed on 10/23/2025Page 1 of 2
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File #: 25-0584 Agenda Date: 10/28/2025
Agenda #: I. Category: Consent Calendar
the subject property to confirm the suitability and condition of the property for the city’s intended use.
· Staff anticipates closing escrow on the transaction within 30 days of approval of the Feasibility Period.

The property is proposed to be acquired subject to an existing lease, which is scheduled to end six months after the close of escrow but may be extended by the city in 90-day increments at the city’s election. During this period, the tenant will pay the city $15,000 per month, taking all responsibility for the operation of the facility. During the lease period, staff will define an operational plan for the facility designed to have a net zero impact on the city’s general fund.

Upon confirmation of an operational plan that requires no additional funding from the city for annual operating costs, the lease will be terminated, and the units will be converted to transitional housing to be occupied by those experiencing homelessness or those that are at risk of becoming homeless.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is estimated to be $11,400,000 (including escrow costs, acquisition fees, and design of the renovation improvements). The necessary budget adjustments will be included in the FY 25-26 First Quarter Budget Report Fund 601.

MOTION:

Approve staff recommendation.

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16498.00100\44151333.2

1 AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is entered into by and between FONTANA MOTOR LODGE, a California general partnership (“FML”), and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co -trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dated October 26 , 2023, as tenants in common (collectively, “Seller”), and CITY OF FONTANA, a municipal corporation (“Buyer”). Buyer and Seller are sometime individually referred to herein as “ Party” and collectively as “ Parties.” The Parties have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the last date of execution by all Parties (“Effective Date”).

A. Seller is owner in fee of certain improved real property commonly known as 16390 Foothill Boulevard, City of Fontana, County of San Bernardino, Ca lifornia, identified by Assessor’s Parcel Number 0190-081-36 and 0190 -081-36 and more particularly described on EXHIBIT “A” attached hereto and incorporated herein by this reference , together with (a) all privileges, rights, easements and appurtenances bel onging to the real property, including without limitation all minerals, oil, gas and other hydrocarbon substances on and under the real property, (b) all development rights, air rights, water, water rights and water stock relating to the real property, and (c) all right, title and interest of Seller in and to any streets, alleys, passages, other easements and other rights-of-way or appurtenances included in, adjacent to or used in connection with such real property, before or after the vacation thereof (the “Real Property”), together with:
(1) All buildings, improvements and other structures presently located on the Real Property (the “Improvements”);
(2) All personal and appurtenant property remaining on the Real Property or in the Improvements as of the Close of Escrow, including, but not limited to, all property, equipment, furnishings, and appliances used in connection with the Real Property as a motor lodge (the “Personal Property”); and
(3) Any and all of Seller’s right, title and interest in and to any of the following existing at the Closing (i) all assignable warranties and guaranties issued to Seller in connection with the Improvements or the Personal Property, and (iii) all assignable permits, licenses, approvals and authorizations issued by any g overnmental authority in con nection with the Real Property being sometimes herein referred to collectively as the “Intangibles.” The Real Property, Improvements, Personal Property and Intangibles are collectively referred to hereinafter as the “Property.” B. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer, upon the terms and provisions set forth in this Agreement. 129
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2 ARTICLE 1. AGREEMENT OF SALE.

Buyer agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer, upon the terms and provisions set forth in this Agreement.

ARTICLE 2. PURCHASE PRICE.

2.1 Amount. The purchase price (the “Purchase Price”) for the Property shall be $7,500,000.00.

2.2 Deposit/Purchase Price. Within three (3) business days after the Effective Date, Buyer shall deposit $100,000.00 into Escrow (as defined below) on behalf of Buyer (the “Deposit”), which shall be applicable to the Purchase Price. The deposit shall be refundable to Buyer unless Buyer waives all contingencies by the expiration of the Due Diligence Period and except as otherwise provided in Section 9.6. If the Closing of the transaction contemplated by this transaction occurs, the Deposit shall be disbursed to Seller and applied to the Purchase Price at Closing. The failure of Buyer to make the Deposit within the time frame specified in this Section shall be a material breach of this Agreement and Seller may terminate the Agreement.

On or before the Closing Date (as defined below), Buyer shall deposit into Escrow the balance of the Purchase Price (less the Deposit), subject to adjustment by reason of any applicable prorations and the allocation of closing costs described below. The Deposit and the balance of the Purchase Price shall be made by wire transfer of federal funds, cashiers’ check or in another immediately available form. Notwithstanding anything herein to the contrary, One Hundred Dollars ($100.00) of the Deposit (the “Independent Consideration”) shall not be refundable to Buyer, but shall represent consideration for this Agreement and shall be paid to Seller. The Independent Consideration shall serve as consideration for the granting of the time periods herein contained for Buyer to exercise Buyer’s right to satisfy and approve all of Buyer’s conditions herein contained. If the Deposit is refunded to Buyer for any reason pursuant to this Agreement, the Independent Consideration shall be subtracted from the Deposit pursuant to this Section and delivered to Seller.

ARTICLE 3. DUE DILIGENCE.

3.1 Due Diligence Period; Inspection and Access.

3.1.1 Due Diligence Period. The “Due Diligence Period” means the period beginning on the Effective Date and ending at 5:00 p.m. (Pacific time) on the date ninety (90) days later.

3.1.2 Access to Information and the Property. Buyer shall conduct its investigation of the Property during the Due Diligence Period at no cost to Seller. This investigation (“Due Diligence Investigation”) may include, at Buyer’s option: a physical inspection of the Land and all Improvements thereon, including soil, geological and other tests, engineering evaluations of the mechanical, electrical, HVAC and other systems in the Improvements; review of all governmental matters affecting the Property, including zoning, environmental and building permit and occupancy matters; review and verification of all financial and other information previously provided by Seller relating to the operation of the Property; review of the condition of title to the Property, including the building, structural system 130
16498.00100\44151333.2

3 and roof inspection; and review of such other matters pertaining to an investment in the Property as Buyer deems advisable. Buyer hereby agrees to and shall indemnify, defend and hold harmless Seller and Seller’s members, managers, partners, officers, directors, shareholders, employees, agents, representatives, invitees, successors and assigns (each, a “Seller Indemnitee”), from and against any and all claims, demands, and causes of action for personal injury or property damage, and all damages, judgments, liabilities, costs, fees and expenses (including reasonable attorneys’ fees) resulting therefrom, arising out of any entry onto the Land by Buyer, its agents, employees, contractors and/or subcontractors, pursuant to this Section 3.1.2 hereof. In addition to the Preliminary Documents delivered to Buyer pursuant to Section 3.2, Buyer and its representatives shall have the right of access during reasonable business hours to all files, books and records maintained by Seller or its agents (including, without limitation, all of the Additional Documents to be made available to Buyer at the Property (or at such other location reasonably acceptable to Buyer) pursuant to Section 3.3), wherever located, relating to the Property, including the right to copy the same. Buyer and its representatives shall also have the right of access to the Property during reasonable business hours upon not less than 48 hours’ notice to conduct its investigation of the physical condition of the Property. Seller agrees that the rights granted to Buyer herein and the results of its Due Diligence Investigation shall not relieve Seller of any obligations Seller may have under any other provisions of this Agreement, or under other documents entered into concurrently herewith, or implied by law, nor shall they constitute a waiver by Buyer of the right to enforce any of the same. Seller shall cooperate with Buyer in its due diligence activities and provide access to the Property, its records, or provide information so long as it is within Seller’s possession or control.

3.2 Delivery of Preliminary Documents. Within 5 business days after the Effective Date, Seller shall deliver to Buyer, at Seller’s expense, all of the documents described in the remaining subsections of this Section 3.2 (collectively, the “Preliminary Documents”) in Seller’s possession or control.

3.2.1 Title Report and Survey. A preliminary title report or commitment for title insurance (the “Preliminary Title Report”), dated no earlier than 10 days before the Effective Date, covering the Property and issued by a title insurance company or companies acceptable to Buyer (the “Title Company”), together with a legible copy of each document, map and survey referred to in the Preliminary Title Report. Buyer, at Buyer’s sole cost, may obtain an as-built survey of the Property (the “Survey”) prepared by a certified land surveyor in accordance with the most recent American Land Title Association standards, certified by such surveyor to Buyer and the Title Company in a form acceptable to the Title Company for the purpose of deleting any survey exception from the Title Policy described in Section 4.1.3.

3.2.2 Soils Report. Any soils report on the Land prepared at Seller’s request or in the possession or control of Seller, including (if available) a report on compliance with any soils work recommended to be done prior to construction of the Improvements;

3.2.3 Engineers’ Reports. Any structural, mechanical or geological reports concerning the Property which have been prepared at Seller’s request or which are within Seller’s possession or control;
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4 3.2.4 Licenses, Etc. Copies of any licenses, permits or certificates required by governmental authorities in connection with the use of the Property, including, without limitation, building permits, certificates of completion, certificates of occupancy and environmental permits and licenses;

3.2.5 Inspection Reports. Copies of all written reports received by Seller within three (3) years prior to the Effective Date from Seller’s insurance companies, any governmental agency or any other person or entity, which requires or demands correction of any condition, or requests modification in or termination of any uses of the Property, accompanied by Seller’s summary of (a) any oral reports from such insurance companies or governmental agencies, and (b) the present status of any matter noted in any oral or written report;

3.2.6 Environmental Reports. Copies of all environmental reports, including but not limited to, existing Phase I and/or Phase 2 environmental report(s) in Seller’s possession or control, if any;

3.2.7 Leases. Copies of all written leases or other occupancy agreements of all or any portion of the Property, and any amendments/addendums to such leases (the “Leases”); and

3.2.8 Rent Roll. Seller’s rent roll for tenants or other occupants occupying the Property on a monthly basis or any term longer than monthly.

3.2.9 Service Contracts. Copies of written, and written descriptions of oral, agreements, contracts and other documents, existing as of the Effective Date, including without limitation any agreements relating to the service, operation, repair, supply, advertising, promotion, sale, leasing or management of the Property.

3.3 Additional Documents and Information. From the Effective Date through the Closing Date, Seller shall make available to Buyer at the Property (or at such other location reasonably acceptable to Buyer) in accordance with Section 3.1, the documents and information described in this Section 3.3 (collectively, the “Additional Documents”):

3.3.1 Agreements. Copies of written, and written descriptions of oral, easements, covenants, restrictions, agreements, contracts and other documents, whether existing or, to the knowledge of Seller, proposed as of the Effective Date (the “Service Contracts”), including without limitation any agreements relating to the insurance, service, operation, repair, supply, advertising, promotion, sale, leasing or management of the Property, which (a) affect the Property, (b) are not disclosed by the Preliminary Title Report, and (c) have not been delivered to Buyer pursuant to Section 3.2. If no such documents exist, Seller shall furnish its certification to that effect; and

3.3.2 Requested Information. Such other documents and information concerning the Property as Buyer may reasonably request.

3.4 Approval/Disapproval of Due Diligence Investigations. Buyer shall approve or disapprove the results of Buyer’s Due Diligence Investigation, in the exercise of Buyer’s sole discretion, by written notice delivered to Seller no later than the expiration of the Due Diligence 132
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5 Period. Buyer’s disapproval shall terminate this Agreement unless, at the time Buyer gives notice of its disapproval, Buyer also notifies Seller of Buyer’s desire to enter into negotiations with Seller for the purpose of reaching an accommodation concerning the disapproval. If Buyer so notifies Seller and the parties have not reached a written agreement satisfactory to both of them regarding the disapproval within 10 days after the date of the disapproval notice, Buyer, at its option, may either (a) elect to terminate this Agreement by so notifying Seller and recover the Deposit, or (b) elect to proceed with the transactions contemplated by this Agreement notwithstanding its earlier disapproval. If Buyer fails to deliver to Seller notice of its approval or disapproval of the results of its Due Diligence Investigation, Buyer shall be deemed to have disapproved such results. If Buyer elects to terminate the Agreement, Buyer shall return to Seller all of the Preliminary Documents and Additional Documents previously delivered by Seller to Buyer within 5 business days of such termination.

3.5 Title Review.

3.5.1 Monetary Liens. At its expense, Seller shall remove all monetary liens on the Property at or prior to the Closing (collectively, “Monetary Liens”), including but not limited to: (i) all delinquent taxes, bonds and assessments and interest and penalties thereon (it being agreed that Seller shall not be required to remove any non-delinquent taxes and assessments imposed by any governmental agency that are paid with the property taxes for the Property); and (ii) all other monetary liens, including without limitation all those shown on the Preliminary Title Report (including judgment and mechanics’ liens, whether or not liquidated, and mortgages and deeds of trust, with Seller being fully responsible for any fees or penalties incurred in connection therewith).

3.5.2 Approval/Disapproval of Title Review. Buyer shall approve or disapprove of the Preliminary Title Report, the Survey and any exceptions to title shown thereon (other than the Monetary Liens) in the exercise of Buyer’s sole discretion, by the expiration of the Due Diligence Period. If Buyer disapproves, Buyer may either (a) terminate this Agreement by giving Seller written notice of termination or (b) give Seller a written notice (“Disapproval Notice”) identifying the disapproved title matters (“Disapproved Title Matters”). With respect to any Disapproved Title Matters, other than the Monetary Liens, Seller shall notify Buyer in writing within 5 days after Seller’s receipt of the Disapproval Notice whether Seller will cause the Disapproved Title Matters to be removed or cured at or prior to Closing. If Seller elects not to remove or cure all Disapproved Title Matters, Buyer may, at its option: (i) subject to satisfaction of the other conditions to Closing, close the purchase of the Property and take title subject to the Disapproved Title Matters which Seller elects not to remove or cure; or (ii) terminate this Agreement in accordance with Section 9.6.1, and notwithstanding anything to the contrary herein, the Buyer shall receive a return of the Deposit (less the Independent Consideration).

3.5.3 Buyer’s Options. If any Disapproved Title Matters (including the Monetary Liens) have not been removed at least 5 days prior to Closing or provision for their removal at the Closing has not been made to Buyer’s satisfaction, Buyer may, at its option: (i) close the purchase of the Property and take title subject to the Disapproved Title Matters which have not been removed; (ii) close the purchase of the Property and cure or remove the Disapproved Title Matters which have not been removed. Buyer may credit the costs of such 133
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6 cure or removal against the Purchase Price by reducing the amount of cash payable by Buyer at the Closing, but only to the extent such costs are expended to remove (A) Monetary Liens referred to in Section 3.5.1 or (B) Disapproved Title Matters which Seller agreed to remove; or (iii) terminate this Agreement in accordance with Section 9.6.1, and notwithstanding anything to the contrary herein, the Buyer shall receive a return of the Deposit (less the Independent Consideration).

3.5.4 Failure to Disapprove. If Buyer fails to notify Seller of its approval or disapproval of the Preliminary Title Report, the Survey or the exceptions shown thereon by the end of the Due Diligence Period, then Buyer shall be deemed to have disapproved the same.

3.6 Operating Lease Agreement. Prior to the expi ration of the Due Diligence Period, Seller shall have entered into an operating lease relating to the operation of the Property as a motor lodge with a third -party acceptable to Buyer (the “ Operating Lease”). Notwithstanding the foregoing, Seller shall no t enter any such Lease without the prior written consent of the Buyer, which consent may be granted or withheld in Buyer’s sole and absolute discretion.

3.7 Service Contracts. Following the expiration of the Due Diligence Period, Seller shall terminate any terminable Service Contract promptly after receiving written notice from Buyer requesting such termination; provided: (i) Seller shall be responsible for all costs and expenses associated with any such termination; (ii) any such termination may be condi tioned on the completion of the Closing; and (iii) any such termination shall be effective only after expiration of any notice or grace period specified in the provisions of the applicable Service Contract (which may not occur until after the Closing). At the Buyer’s discretion, any and all Service Contracts not fully and effectively terminated as of Closing shall be assumed by Buyer at Closing as contemplated under subsection 9.3.7 below.

ARTICLE 4. CONDITIONS PRECEDENT.

4.1 Buyer’s Conditions. Buyer’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 4.1 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or in part by Buyer by written notice to Seller.

4.1.1 Due Diligence. Buyer having approved of the results of its Due Diligence Investigation pursuant to Section 3.4;

4.1.2 Title Review. Buyer having approved of the results of its review of title pursuant to Section 3.5.

4.1.3 Title Policy. Seller having caused the Title Company to deliver to Buyer (a) a CLTA Owner’s policy of title insurance, provided that Buyer may require an ALTA Owner’s Policy if Buyer pays the incremental premium for ALTA coverage (“Title Policy”) (or at Buyer’s election a binder therefor) for the Property, or (b) the Title Company’s irrevocable commitment to issue such policy of title insurance, (including such coinsurance, reinsurance and endorsements as Buyer shall require), with liability equal to the Purchase Price showing fee title to the Property vested in Buyer and subject only to: (i) the matters and exceptions which were 134
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7 approved by Buyer pursuant to Section 3.5; and (ii) the standard printed exceptions in the form of title policy called for (collectively, “Conditions of Title”).

4.1.4 Performance of Covenants. Seller performing and complying in all material respects with all of the terms of this Agreement to be performed and complied with by Seller prior to or at the Closing, including depositing into Escrow all documents required pursuant to Section 9.3.

4.1.5 Representations and Warranties. The representations and warranties of Seller set forth in Article 5 being true and accurate on the Closing Date, as if made on such date.

4.1.6 Non-Foreign Certification. Seller having executed and delivered to Buyer on or prior to the Closing Date a certification (the “Non-Foreign Certification”), substantially in the form of Exhibit B.

4.1.7 California Certification. Seller having furnished a Real Estate Withholding Form 593 as required by the California Revenue and Taxation Code (“Form 593”) or having authorized Escrow Holder in writing to withhold from the Purchase Price the amounts required to be withheld by such Sections.

4.1.8 Closing Statement. Buyer shall have approved Escrow’s estimated closing costs statement.

4.1.9 Operating Lease Agreement. Buyer has received an executed copy of the Operating Lease, and a tenant estoppel certificates from the tenant under the Operating Lease in a form and substance reasonably acceptable to Buyer

4.1.10 City Council Approval. As a condition precedent to Buyer’s obligation to purchase the Property, Buyer’s city council shall have approved this Agreement and the purchase of the Property after all legally required notices and hearings (the “Final Approval”).

Notwithstanding anything to the contrary contained herein, as of the date of this Agreement, said Final Approval has not yet been granted. Absent Final Approval, Buyer shall have no obligation to purchase the Property from Seller or otherwise perform under this Agreement. Upon final consideration of this Agreement by the Buyer’s legislative body, the Buyer shall provide written notice to the Seller whether Final Approval is granted or denied. In the event that Final Approval is denied (i) this Agreement shall be terminated and neither party shall have any further rights or obligations hereunder, excepting any rights or obligations that expressly survive termination, (ii) the escrow shall be canceled, and (iii) notwithstanding anything herein to the contrary, all documents and funds shall be returned by the Escrow Holder to each party who deposited the same.

4.2 Seller’s Conditions. Seller’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 4.2 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or part by Seller by written notice to Buyer.
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8 4.2.1 Covenants. Buyer performing and complying in all material respects with all of the terms of this Agreement to be performed and complied with by Buyer prior to or at the Closing.

4.2.2 Representations and Warranties. The representations of Buyer set forth in Article 6 being true and accurate on the Closing Date, as if made on such date.

ARTICLE 5. SELLER’S REPRESENTATIONS AND WARRANTIES.

Seller hereby makes the following representations and warranties to Buyer with the understanding that each such representation and warranty is material and is being relied upon by Buyer:

5.1 Organization and Standing. FML is duly organized, validly existing, in good standing in the state of its formation and qualified to do business in the State of California and has full power and authority to enter into this Agreement and to perform its obligations hereunder and effect the transactions contemplated hereby.

5.2 Seller’s Authority. Seller has the requisite power and authority to own and operate the Property and conduct its business where the same is now owned or operated. The execution, delivery and performance of this Agreement by Seller have been duly and validly authorized by all necessary action and proceedings, and no further action or authorization is necessary on the part of Seller in order to consummate the transactions contemplated herein.

This Agreement and the other documents executed by Seller in connection herewith are legal, valid and binding obligations of Seller, enforceable in accordance with their respective terms.

5.3 No Conflict. Neither the execution and delivery of this Agreement by Seller, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplated hereby, shall conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Seller was organized, or any indenture, mortgage, deed of trust, agreement, undertaking, instrument or document to which Seller or any affiliate thereof is a party or is bound, or any order or regulation of any court, regulatory body, administrative agency or governmental body having jurisdiction over Seller.

5.4 Compliance. To the best of Seller’s knowledge, the Property, and the operation thereof, are in compliance with all applicable laws, ordinances, rules, regulations, judgments, orders, covenants, conditions, restrictions, whether federal, state, local, foreign or private, and Seller has not received any notice of any violation of the same. Seller has not received any request either formal or informal, oral or written, that Seller modify or terminate any use of the Property. The Property complies with all applicable subdivision laws and all local ordinances enacted thereunder and no subdivision or parcel map not already obtained is required to transfer the Property to Buyer.

5.5 Taxes and Condemnation. There are no presently pending or, to Seller’s knowledge, contemplated special taxes or assessments which will affect the Property. There are no presently pending or, to Seller’s knowledge, contemplated proceedings to condemn or demolish the Property or any part of it.
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9 5.6 Licenses. Seller has all required licenses, permits (including, without limitation, all building permits and occupancy permits), easements and rights-of-way which are required in order to continue the present use of the Property. Seller has no knowledge of any law or regulation of any governmental authority having jurisdiction which might require the Property to be improved beyond its present state or which might restrict the use and enjoyment of the Property in the manner it is presently being used and enjoyed.

5.7 Contracts/Leases/Occupancy Rights. Except as set forth on Schedule 5.7, there are no agreements or other obligations to which Seller is party or, to Seller’s knowledge, by which it or the Property is bound which may affect the current use of the Property, nor are there any current leases, occupancy or operating agreements in force. No party has a right to occupancy, tenancy, or a license to use or enter the Property.

5.8 Litigation. There are no actions, suits, proceedings, judgments, orders, decrees or governmental investigations pending or, to Seller’s knowledge, threatened against the Property or Seller which could affect the Property or the purchase, use or enjoyment thereof by Buyer.

5.9 Agreements with Governmental Authorities. There are no agreements with governmental authorities, agencies, utilities or quasi-governmental entities which affect the Property except those agreements which are identified in the Preliminary Title Report and those matters which are disclosed by the Survey.

5.10 Hazardous Materials.

5.10.1 Definitions. For purposes of this Agreement:
(a) “Environmental Law(s)” means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901 et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et. seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq., the Clean Water Act, 33 U.S.C. Sections 1251 et seq., The Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. H&S Code Sections 25249.5-25249.13), the Carpenter-Presley-Tanner Hazardous Substance Account Act (Cal. H&S Code Sections 25300 et seq.), and the California Water Code Sections 1300, et seq., as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, cleanup, transportation or Release or threatened Release into the environment of Hazardous Material.
(b) “Hazardous Material” means any substance which is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials or (viii) radioactive materials. (c) “Release” means any spilling, leaking, pumping, pouring, emitting, discharging, injecting, escaping, leaching, dumping or disposing into the environment 137
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10 of any Hazardous Material (including the abandonment or discarding of barrels, containers, and other receptacles containing any Hazardous Material).

5.10.2 Representations. Except as otherwise disclosed in any phase I or phase II environmental reports delivered by Buyer to Seller:
(a) To the best of Seller’s knowledge, the Property and all existing uses and conditions of the Property are in compliance with all Environmental Laws, and Seller has not received any written notice of violation issued pursuant to any Environmental Law with respect to the Property or any use or condition thereof. (b) To the best of Seller’s knowledge, neither Seller nor any other present or former owner of the Property has used, handled, stored, transported, released or disposed of any Hazardous Material on, under or from the Property in violation of any Environmental Law.
(c) To the best of Seller’s knowledge, there is no Release of any Hazardous Material existing on, beneath or from or in the surface or ground water associated with the Property.
(d) To the best of Seller’s knowledge, all required permits, licenses and other authorizations required by or issued pursuant to any Environmental Law for the ownership or operation of the Property by Seller have been obtained and are presently maintained in full force and effect.
(e) To the best of Seller’s knowledge, there exists no writ, injunction, decree, order or judgment outstanding, nor any lawsuit, claim, proceeding, citation, directive, summons or investigation pending or, to Seller’s knowledge, threatened pursuant to any Environmental Law relating to (i) the ownership, occupancy or use of any portion of the Property by Seller or occupant or user of any portion of the Property or any former owner of any portion of the Property, (ii) any alleged violation of any Environmental Law by Seller or occupant or user of any portion of the Property or any former owner of any portion of the Property or (iii) the suspected presence, Release or threatened Release of any Hazardous Material on, under, in or from any portion of the Property.
(f) To the best of Seller’s knowledge, there are no above-ground or underground tanks located on the Property used or formerly used for the purpose of storing any Hazardous Material.
(g) To the best of Seller’s knowledge, no asbestos abatement or remediation work has been performed on the Property.
(h) To the best of Seller’s knowledge, there is no PCB-containing equipment or PCB-containing material located on or in the Property.

5.11 Title to the Property. Seller has good and marketable title to the Property, subject to the Conditions of Title. There are no outstanding rights of first refusal or first look, options to purchase, rights of reverter, or claim of right relating to the transfer or sale of the Property or any 138
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11 interest therein. To Seller’s knowledge, there are no unrecorded or undisclosed documents or other matters which affect title to the Property. No person holding a security interest in the Property or any part thereof has the right to consent or deny consent to the sale of the Property as contemplated herein, and Seller has the right to pay off such person and to remove all such liens as of the Closing Date. Seller has enjoyed the continuous and uninterrupted quiet possession, use and operation of the Property, subject to any matters disclosed on the Preliminary Title Report and subject to the Operating Lease.

5.12 Foreign Person. Seller is not a “foreign person” within the meaning of Section 1445(f) of the Internal Revenue Code.

5.13 Bankruptcy. Seller has no present intent to file any voluntary petition in bankruptcy or to seek relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any law or inequity or to take any action which would directly or indirectly cause the Property or any portion of the Property to become the property of any bankruptcy estate or the subject to any bankruptcy, dissolution, litigation or insolvency proceedings..

ARTICLE 6. BUYER’S REPRESENTATIONS AND WARRANTIES.

Buyer makes the following representation and warranties to Seller with the understanding that each such representation and warranty is material and is being relied upon by Seller:

6.1 Buyer’s Authority. The execution, delivery and performance of this Agreement by Buyer have been duly and validly authorized by all necessary action and proceedings, and no further action or authorization is necessary on the part of Buyer in order to consummate the transactions contemplated herein.

6.2 No Conflict. Neither the execution nor delivery of this Agreement by Buyer, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplated hereby, shall conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Buyer was organized, or any agreement to which Buyer is a party or is bound, or any order or regulation of any court, regulatory body, administrative agency or governmental body having jurisdiction over Buyer.

ARTICLE 7. SURVIVAL OF REPRESENTATIONS AND WARRANTIES; AS-IS SALE.

7.1 Survival of Warranties. Buyer and Seller agree that each representation and warranty, covenant by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall be deemed made as of the date of this Agreement or such writing and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing for a period of eighteen (18) months.

7.2 Notice of Changed Circumstances. If either party becomes aware of any fact or circumstances which would render false or misleading a representation or warranty made by such party, then it shall immediately give notice of such fact or circumstance to the other party, 139
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12 but such notice shall not relieve any party of any liabilities or obligations with respect to any representation or warranty.

7.3 AS-IS; WHERE-IS. THE SALE OF THE PROPERTY HEREUNDER IS AND WILL BE MADE ON AN “AS IS, WHERE IS” BASIS. EXCEPT AS EXPRESSLY STATED

IN THIS AGREEMENT, SELLER HAS NOT MADE, DOES NOT MAKE AND

SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES

OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER

EXPRESS OR IMPLIED, VERBAL OR WRITTEN, PAST, PRESENT OR FUTURE OF, AS

TO, CONCERNING OR WITH RESPECT TO THE PROPERTY OR ANY OTHER MATTER WHATSOEVER.

ARTICLE 8. SELLER’S PRECLOSING COVENANTS.

Seller shall comply with the covenants contained in this Article 8 from the Effective Date through the Closing Date unless Buyer consents otherwise in writing. Buyer may grant or withhold any such consent requested by Seller in Buyer’s sole discretion.

8.1 Contracts and Documents. Seller shall not, without Buyer’s approval, not to be unreasonably withheld or delayed, (a) amend or waive any right under any Preliminary Document or Additional Document, or (b) enter into any material agreement of any type affecting the Property that would survive the Closing Date.

8.2 Insurance. Seller shall maintain or cause to be maintained in full force and effect its present insurance policies for the Property.

8.3 Compliance with Obligations. Seller shall fully and timely comply with all obligations to be performed by it under the other Preliminary Documents, the Conditions of Title and all permits, licenses, approvals and laws, regulations and orders applicable to the Property.

8.4 No Transfers. Seller shall not sell, encumber or otherwise transfer any interest in all or any portion of the Property, or agree to do so.

8.5 Maintenance. At its sole cost and expense, Seller shall operate and maintain the Property such that on the Closing Date the Property shall be in at least as good a condition and repair as on the Effective Date, reasonable wear and tear excepted.

8.6 Leases; Occupancy Agreements. Except for the Operating Lease (and any leases or occupancy agreements entered into as permitted by the Operating Lease), Seller shall not, without Buyer’s approval, enter into any leases or occupancy agreements affecting the Property, unless such lease or occupancy agreement will be terminated prior to the Closing Date.

8.7 Best Efforts. Seller shall use its best efforts to cause the conditions set forth in Section 4.1 to be satisfied by the Closing Date, and Seller shall not take or permit any action that would result in any of the representations and warranties set forth in Article 5 becoming false or incorrect.
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13 ARTICLE 9. CLOSING.

9.1 Time. Provided all conditions set forth in Article 4 have been either satisfied or waived, the parties shall close this transaction (the “Closing”), on the date which is fourteen (14) days after the expiration of the Due Diligence Period (the “Closing Date”), or such earlier date as may be agreed to by Seller and Buyer, as such date may be extended by the provisions of Article 10.

9.2 Escrow. This Article 9, together with such additional instructions as First American Title Company, 9255 Towne Centre Drive Suite 200, San Diego, CA 92121, Attn:

Sheri Keene (“Escrow Holder”), shall reasonably request and the parties shall agree to, shall constitute the escrow instructions to Escrow Holder. If there is any inconsistency between this Agreement and the Escrow Holder’s additional escrow instructions, this Agreement shall control unless the intent to amend this Agreement is clearly stated in said additional instructions. Buyer and Seller shall cause Escrow Holder to execute and deliver a counterpart of this Agreement to each of them. If the Title Company does not serve as the Escrow Holder, the Title Company shall provide a letter to Buyer, in form and content acceptable to Buyer, pursuant to which the Title Company accepts responsibility and liability for the acts and omissions of Escrow Holder in discharging Escrow Holder’s obligations hereunder, including, without limitation, any acts or omissions of Escrow Holder relating to the Title Company’s commitment to issue the Title Policy, the receipt, recordation or delivery of any documents placed into escrow, and the receipt and disbursement of any funds placed into escrow.

9.3 Seller’s Deposit of Documents and Funds Into Escrow. Seller shall deposit into escrow on or before Closing the following documents:

9.3.1 A duly executed and acknowledged grant deed conveying the Property to Buyer (“Grant Deed”) in the form attached as Exhibit C;

9.3.2 Unless Escrow Holder determines sufficient funds from the Purchase Price will be available at Closing as set forth in the closing statement, all costs of Closing as set forth in Section 9.9, plus or minus prorations as provided in Section 9.8;

9.3.3 Seller’s Non-foreign Certification;

9.3.4 Seller’s closing statement, duly executed by Seller;

9.3.5 A bill of sale in the form attached hereto as Exhibit D (the “Bill of Sale”), fully executed by Seller, assigning and transferring to Buyer all of Seller’s right, title and interest in and to any personal property included in the Property;

9.3.6 A duly executed assignment, in the form of Exhibit E, assigning to Buyer all of Seller's interest (a) in all warranties of which Seller is the beneficiary with respect to the Property, (b) in all intangible assets of the Property, (c) in the Service Contracts which Buyer has elected to assume, and (d) in the Leases (the "Assignment and Assumption"); 141
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14 9.3.7 Such additional documents, including written escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement; and

9.3.8 Form 593.

9.4 Deliveries Outside of Escrow. Notwithstanding Section 9.3, Seller and Buyer may elect to deliver the documents described in Section 9.3 outside of escrow (other than documents which are to be recorded) by giving Escrow Holder a joint written notice of such election, specifying the documents which will be so delivered outside of escrow. Upon receipt of such notice, Escrow Holder shall have no further obligation concerning such specified documents.

9.5 Buyer’s Deposit of Documents and Funds. Buyer shall deposit into escrow:

9.5.1 The Purchase Price in accordance with the provisions of Article 2, plus or minus prorations as provided in Section 9.8, by electronic transfer of federal funds to Escrow Holder, on or before the Closing Date;

9.5.2 In addition to the Purchase Price and other funds deposited by Buyer with Escrow Holder, funds sufficient to pay all amounts required to be paid by Buyer at Closing in accordance with the provisions of Section 9.9 hereof, by electronic transfer of federal funds to Escrow Holder, on or before the Closing Date;

9.5.3 Buyer’s executed counterpart of the Assignment and Assumption; and

9.5.4 Such additional documents, including written escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement.

9.6 Default, Termination and Remedies.

9.6.1 Buyer’s Termination. This Agreement shall automatically terminate without further notice or action by Buyer upon the occurrence of any of the following events, provided that Buyer is not then in material breach of this Agreement: (a) any condition to Closing contained in Section 4.1 has not been satisfied or waived by Buyer by the Closing Date; or (b) Buyer having exercised its right to terminate this Agreement pursuant to Section 3.4 (disapproval of Due Diligence Investigation), Section 3.5 (disapproval of title) or Article 10 (damage or condemnation). In such event, the parties shall have no further obligation to each other except for those obligations that specifically survive the termination of this Agreement. If this Agreement terminates as a result of Seller’s material breach of this Agreement, Buyer shall have all remedies it may have hereunder or at law as a result of such occurrence, including the remedy of specific performance.

9.6.2 Seller’s Termination. Provided that Seller is not then in material breach of this Agreement, this Agreement shall automatically terminate without further notice or action by Seller if any condition to Closing contained in Section 4.2 has not been satisfied or waived by Seller by the Closing Date.
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15 9.6.3 Release from Escrow. Upon termination of this Agreement pursuant to Section 9.6.1 or 9.6.2, except as otherwise expressly provided herein, Escrow Holder shall promptly return to Buyer and Seller, respectively, all documents and monies deposited by them into escrow without prejudice to their rights and remedies hereunder.

9.6.4 Remedies.
(a) Buyer’s Remedies. In the event of any breach or default by Seller hereunder, and such breach or default is not cured within five (5) days following written notice from the Buyer, Buyer’s sole remedy against Seller shall be limited to the option to either (i) terminate this Agreement, in which case Buyer shall be entitled to a full refund of the Deposit together with the reimbursement of all of Buyer’s out-of-pocket costs and expenses (including reasonable attorneys’ fees and costs) actually incurred in connection with the transaction, including, without limitation, in connection with the preparation of this Agreement and the performance of Buyer’s due diligence; or (ii) bring an action for specific performance against Seller, provided such action is commenced within one hundred twenty (120) days after the scheduled Closing Date.
(b) Seller’s Remedies/Liquidated Damages. IF BEFORE THE CLOSE OF ESCROW BUYER FAILS TO COMPLY WITH OR PERFORM BUYER’S

OBLIGATIONS UNDER THIS AGREEMENT AND (EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH 9.6) DOES NOT CURE SUCH FAILURE WITHIN TEN BUSINESS DAYS AFTER SELLER’S WRITTEN NOTICE OF SUCH FAILURE, THEN SELLER MAY THEREAFTER: (I) TERMINATE THIS AGREEMENT; (II) RECEIVE AND RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES IF SUCH DEFAULT OCCURS AFTER BUYER’S APPROVAL PERIOD; AND (III) EXERCISE THE OTHER RIGHTS AND REMEDIES RESERVED BY SELLER AS PROVIDED IN THIS PARAGRAPH. IN THE EVENT SELLER TERMINATES THIS AGREEMENT BY REASON OF BUYER’S DEFAULT,

BUYER AND SELLER SHALL BE RELIEVED OF ANY FURTHER OBLIGATION TO

EACH OTHER WITH RESPECT TO THIS AGREEMENT AND THE PROPERTY EXCEPT FOR ANY OBLIGATIONS WHICH EXPRESSLY SURVIVE. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY BUYER AND SELLER: THAT SELLER WILL INCUR

SUBSTANTIAL DAMAGES AS A RESULT OF ANY FAILURE BY BUYER TO COMPLY WITH OR PERFORM BUYER’S OBLIGATIONS UNDER THIS AGREEMENT; THAT IT IS

EXTREMELY DIFFICULT AND IMPRACTICAL TO CALCULATE AND ASCERTAIN AS

OF THE EFFECTIVE DATE OF THIS AGREEMENT THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED IN SUCH EVENT BY SELLER; AND THAT THE DEPOSIT IS A

REASONABLE ESTIMATE OF THE EXTENT TO WHICH SELLER MAY BE DAMAGED BY BUYER’S DEFAULT IN LIGHT OF THE DIFFICULTY THE PARTIES WOULD HAVE IN DETERMINING SELLER’S ACTUAL DAMAGES AS A RESULT OF SUCH DEFAULT BY BUYER.
_________________ _________________
SELLER’S INITIALS BUYER’S INITIALS
(c) Waiver of Specific Performance. SELLER HEREBY WAIVES THE RIGHT TO MAINTAIN AN ACTION FOR SPECIFIC PERFORMANCE OF BUYER’S 143
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16 OBLIGATION TO PURCHASE THE PROPERTY AND SELLER AGREES THAT SELLER

CAN BE ADEQUATELY COMPENSATED IN MONEY DAMAGES IF BUYER FAILS TO PURCHASE THE PROPERTY IN BREACH OF THIS AGREEMENT. SELLER

ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH ARE A MATERIAL

PART OF THE CONSIDERATION BEING GIVEN TO BUYER FOR ENTERING INTO

THIS AGREEMENT AND THAT BUYER WOULD BE UNWILLING TO ENTER INTO THIS AGREEMENT IN THE ABSENCE OF THE PROVISIONS OF THIS PARAGRAPH. _________________ _________________
SELLER’S INITIALS BUYER’S INITIALS

9.7 Closing. When Escrow Holder has received all documents and funds identified in Sections 9.3 and 9.5, has received notification from Buyer and Seller that all conditions to Closing to be satisfied outside of escrow have been satisfied or waived and Title Company is irrevocably committed to issue the Title Policy, then, and only then, Escrow Holder shall:

9.7.1 Record the Grant Deed;

9.7.2 Cause the Title Company to issue the Title Policy to Buyer;

9.7.3 To the extent not otherwise delivered to Buyer outside of escrow, deliver to Buyer: (a) a conformed copy (showing all recording information thereon) of the Grant Deed; (b) the Bill of Sale, (c) the Assignment and Assumption, and (d) the Non-foreign Certification;

9.7.4 Deliver the Purchase Price (as adjusted pursuant to Section 9.8 and 9.9) to Seller;
Escrow Holder shall prepare and sign closing statements showing all receipts and disbursements and deliver copies to Buyer and Seller and, if applicable, shall file with the Internal Revenue Service (with copies to Buyer and Seller) the reporting statement required under Section 6045(e) of the Internal Revenue Code.

9.8 Prorations.

9.8.1 Property Taxes. General real estate taxes, water or sewer rates and charges (if not metered), personal property taxes, or any other governmental tax or charge levied or assessed against the Property (collectively, the “Taxes”), relating to the Property and payable during the year in which Closing occurs shall not be prorated between Seller and Buyer in Escrow. Upon recordation of the Grant Deed, Buyer will request cancellation of the real property taxes for the Property pursuant to California Revenue and Taxation Code Section 4986.

If current taxes have not yet been paid as of the Closing Date, then at Closing Seller shall pay through Escrow or out of Seller’s proceeds, the full amount of the installment applicable for the period in which Closing occurs. Seller shall be entitled to a refund of any excess payment made to the taxing authority on account of the Property, including any taxes paid by Seller and applicable to any period from and after the Closing Date. The taxing authority will notify Seller of any refund due Seller resulting from the subject acquisition after a review and any subsequent proration of the property tax assessment by the county assessor. Seller retains the right, following close of escrow, to apply to the appropriate governmental authority/ies for refund of 144
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17 real property taxes pursuant to Revenue and Taxation Code Section 5096.7 (or such other applicable law), and Buyer shall reasonably cooperate with Seller’s efforts to obtain said refund.

9.8.2 Rent. All rent or other occupancy fees or revenues paid by the tenants or other occupants under the Leases during the month of Closing (collectively, "Rent") shall be prorated as of the Closing Date based on the respective number of days of ownership of Seller and Buyer for such month to which such Rent relates; provided, however, that neither Buyer nor Seller shall receive credit at Closing for any Rent that is past due (the "Past Due Rent").

Following the Closing, if Buyer or Seller receives any payment from any tenant for which Past Due Rent is outstanding, such payment shall be distributed in the following order of priority: (a) first, to Rent due and payable by such tenant under its Lease for the month in which the Closing Date occurs, (b) second, to Buyer for Rent then due and payable by such tenant under its Lease and which Rent became due after the Closing Date, and (c) then, after payment in full of all such amounts then due and payable to Buyer from such tenant, to Seller to the extent of all Past Due Rent owed by such tenant, together with interest and late charges, if applicable. Buyer shall use commercially reasonable efforts to collect on behalf of Seller all Past Due Rent, but shall not be obligated to spend any money, or declare a default, threaten or undertake litigation or dispossess any Tenant or any of their subtenants.

9.8.3 Utility Charges. All utility charges shall be prorated as of the Closing Date and Seller shall obtain a final billing therefor. All utility security deposits, if any, shall be retained by Seller.

9.9 Costs and Expenses.

9.9.1 Seller. Seller shall pay: (i) the cost of recording any releases of mortgages, liens or encumbrances as required hereunder; (ii) the real estate transfer tax or conveyance fee (if any), (iii) the recording fee for the Seller’s Deed (if any), (iv) one half of Escrow Holder’s fees and costs for the Escrow, (v) the cost of a CLTA Standard Owner’s Policy in the amount of the Purchase Price, (vi) any other costs customarily paid by a seller (and not expressly stated otherwise herein) in the county in which the Property is located, (vii) Seller’s share of prorations, and (viii) Seller’s attorneys’ fees.

9.9.2 Buyer. Buyer shall pay: (i) the incremental cost of any ALTA Owner’s Policy and endorsements to any title policy requested by Buyer and the cost of any ALTA Survey ordered by Buyer; (ii) one half of Escrow Holder’s fees and costs for the Escrow; (iii) Buyer’s share of prorations, (iv) all costs associated with any financing that may be obtained by Buyer; and (v) Buyer’s attorneys’ fees.

9.10 Possession. Seller shall deliver exclusive right of possession of the Property to Buyer by 5:00 pm on the Closing Date, subject only to the Conditions of Title and the rights of any tenants or occupants under the Leases.

ARTICLE 10. DAMAGE, DESTRUCTION AND CONDEMNATION.

Seller shall promptly notify Buyer in writing of any material damage to the Property and of any taking or threatened taking of all or any portion of the Property. Within a reasonable period of time after receipt of such notice, Buyer shall determine whether a material 145
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18 part of the Property has been damaged or whether such taking or threatened taking has affected or will affect a material part of the Property. As used herein, (a) the destruction of a “material part” of the Property shall be deemed to mean an insured or uninsured casualty to the Property having an estimated cost of repair which in the reasonable judgment of Buyer equals or exceeds $25,000 and (b) a taking by eminent domain of a portion of the Property shall be deemed to affect a “material part” of the Property if in the reasonable judgment of Buyer the estimated value of the portion of the Property taken exceeds $25,000. Upon making its determination, Buyer shall notify Seller in writing of the results of such determination. Buyer may elect, by written notice delivered to Seller within 30 days after giving Seller notice of such determination, to terminate this Agreement in accordance with Section 9.6.1 if a material part of the Property has been damaged or if such taking has affected or will affect a material part of the Property. If Buyer does not so terminate, (i) in the case of damage to a material part of the Property, Seller shall assign to Buyer at the Closing its right to recover under any insurance policies covering such damage and shall pay Buyer at the Closing the amount of the deductible, if any, and (ii) in the case of a threatened or actual taking of a material part of the Property, Seller shall assign to Buyer at the Closing Seller’s entire right, title and interest in the proceeds thereof. If between the Effective Date and the Closing Date the Property suffers damage which is not material, Seller shall repair such damage at its expense prior to the Closing, and the Closing Date shall be extended for a reasonable period of time not to exceed 30 days to allow for completion of such repairs. The Closing Date shall be extended as necessary to permit Buyer to exercise its rights under this Article 10.

ARTICLE 11. GENERAL.

11.1 Notices. All notices, demands, approvals, and other communications provided for in this Agreement shall be in writing and shall be effective (a) when personally delivered to the recipient at the recipient’s address set forth below; (b) three business days after deposit in a sealed envelope in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, addressed to the recipient as set forth below; (c) one business day after deposit with a recognized overnight courier or delivery service, addressed to the recipient as set forth below, whichever is earlier; or (d) by email when such email is transmitted to the notice address, and shall be deemed received on that same day unless given after 5:00 p.m. in the receiving location, in which case such receipt shall be deemed the next business day (provided that email notice shall not be effective unless a copy of such notice is also concurrently sent in accordance with clause (b) or (c) of this sentence). If the date on which any notice to be given hereunder falls on a Saturday, Sunday or legal holiday, then such date shall automatically be extended to the next business day immediately following such Saturday, Sunday or legal holiday.

The addresses for notice are:

SELLER: FONTANA MOTOR LODGE
_______________
_____________
Email: _______________

RAMESH AND RADHA PATEL REVOCABLE LIVING
TRUST dated October 26, 2023
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19 _______________
_____________
Email: _______________

BUYER: City of Fontana
City Hall
Attn: City Manager
8353 Sierra Avenue
Fontana, CA 92335

With Copy to: Best Best & Krieger LLP
Attn: Brian Whitley, Esq.
74760 Highway 111, Suite 100
Indian Wells, CA 92210

Either party may change its address by written notice to the other given in the manner set forth above.

11.2 Entire Agreement. This Agreement and the Schedules and Exhibits hereto contain the entire agreement and understanding between Buyer and Seller concerning the subject matter of this Agreement and supersede all prior agreements, including any previous letter of intent or terms, understandings, conditions, representations and warranties, whether written or oral, made by Buyer or Seller concerning the Property or the other matters which are the subject of this Agreement.

11.3 Amendments and Waivers. No addition to or modification of this Agreement shall be effective unless set forth in writing and signed by the party against whom the addition or modification is sought to be enforced. The party benefited by any condition or obligation may waive the same, but such waiver shall not be enforceable by another party unless made in writing and signed by the waiving party.

11.4 Invalidity of Provision. If any provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

11.5 References. Unless otherwise indicated, (a) all Article, Section, Schedule and Exhibit references are to the articles, sections, schedules and exhibits of this Agreement, and (b) all references to days are to calendar days. All the Schedules and Exhibits attached hereto are incorporated herein by this reference. Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Saturday, Sunday or California state holiday, such time for performance shall be extended to the next business day. The headings used in this Agreement are provided for convenience only and this Agreement shall be interpreted without 147
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20 reference to any headings. The masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others whenever the context so indicates or requires.

11.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed in California.

11.7 Confidentiality and Publicity. Buyer is a public entity and as such, this Agreement, upon its presentation for approval at Buyer’s City council at a duly called and agendized public meeting, shall be subject to the Public Records Act and the Freedom of Information Act. No press release or other public disclosure may be made by Seller or any of its agents regarding Buyer’s intent for this Property this transaction without the prior consent of Buyer.

11.8 Time. Time is of the essence in the performance of the parties’ respective obligations under this Agreement.

11.9 Attorneys’ Fees. In the event of any legal or equitable proceeding to enforce any of the terms or conditions of this Agreement, or any alleged disputes, breaches, defaults or misrepresentations in connection with any provision of this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of defense paid or incurred in good faith.

11.10 Assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. However, Seller shall not have the right to assign all or any portion of its interest in this Agreement without Buyer’s prior written consent. Buyer shall have the right to assign all or any portion of its interest in this Agreement, or substitute for itself a nominee, upon notice to Seller not later than three days prior to the Closing Date.

11.11 Further Assurances. Seller, at any time before or after Closing, shall, at its own expense, execute, acknowledge and deliver any further deeds, assignments, conveyances and other assurances, documents and instruments of transfer reasonably requested by Buyer and shall take any other action consistent with the terms of this Agreement that may reasonably be requested by Buyer for the purpose of transferring and confirming to Buyer, or reducing to Buyer’s possession, any or all of the Property or otherwise carrying out the terms of this Agreement.

11.12 Cooperation With Exchange. Buyer agrees to cooperate, at no expense to Buyer, with Seller if Seller intends to accomplish a tax-deferred exchange pursuant to Section 1031 of the Internal Revenue Code of 1986. Seller may assign this Agreement to an exchange intermediary for the purpose of facilitating such an exchange by the assigning party. Buyer’s duty to cooperate shall be limited to the transfer of money to Seller or Seller’s designee in exchange for the Property, and in no event shall Buyer act as purchaser or acquirer of any exchange property. Seller shall indemnify and defend and hold Buyer harmless from any claims, loss, damages or liability arising out of participation in an exchange. 148
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21 11.13 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any party hereto or give any third person any right of subrogation or action over against any party to this Agreement.

11.14 Remedies Cumulative. The remedies set forth in this Agreement are cumulative and not exclusive to any other legal or equitable remedy available to a party.

11.15 Commissions, Indemnity, Disclosure. Each party represents to the other party that there is no broker representing such party in the current transaction, and that the representing party has incurred no liability for any brokerage commission or finder’s fee arising from or relating to the transactions contemplated by this Agreement. Seller shall pay a commission to Seller’s Broker pursuant to a separate agreement between Seller and Seller’s Broker upon the Closing. Each party hereby indemnifies and agrees to protect, defend and hold harmless the other party from and against all liability, cost, damage or expense (including without limitation attorneys’ fees and costs incurred in connection therewith) on account of any brokerage commission or finder’s fee which the indemnifying party has agreed to pay or which is claimed to be due as a result of the actions of the indemnifying party. This Section 11.15 is intended to be solely for the benefit of the parties hereto and is not intended to benefit, nor may it be relied upon by, any person or entity not a party to this Agreement.

11.16 Counterparts/Facsimile/PDF Signatures. This Agreement may be executed in counterparts and when so executed by the parties, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument that shall be binding upon the parties, notwithstanding that the parties may not be signatories to the same counterpart or counterparts. The parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. In order to expedite the transaction contemplated herein, facsimile or .pdf signatures may be used in place of original signatures on this Agreement. Seller and Buyer intend to be bound by the signatures on the facsimile or .pdf document, are aware that the other party will rely on the facsimile or .pdf signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.

IN WITNESS WHEREOF, each Party has executed this Agreement on the date set forth below next to that Party’s signature.
[SIGNATURES ON FOLLOWING PAGE]
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22 “BUYER”

CITY OF FONTANA, Dated: ___________________, 2025
a municipal corporation

By:

Matthew C. Ballantyne, City Manager

Attest:

Germaine Key, City Clerk

Approved as to Form:

Best Best & Krieger LLP

“SELLER”

FONTANA MOTOR LODGE, Dated: ___________________, 2025 a California general partnership

By:

RAMESH PATEL, General Partner

By:

RADHA PATEL, General Partner

RAMESH RANCHHODBHA PATEL, co-trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023

RADHA RAMESH PATEL, co-trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023

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23 ACCEPTANCE BY ESCROW HOLDER
We acknowledge receipt on ______________________, 2025, of a fully executed copy of the foregoing “Agreement for Purchase and Sale and Joint Escrow Instructions” fully executed by Seller and Buyer. This escrow is assigned escrow no.: _______________

FIRST AMERICAN TITLE COMPANY

By:
[Name]
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LIST OF EXHIBITS
EXHIBIT “A” – LEGAL DESCRIPTION OF PROPERTY
EXHIBIT “B” – CERTIFICATE OF NON-FOREIGN STATUS
EXHIBIT “C” – GRANT DEED
EXHIBIT “D” – BILL OF SALE
EXHIBIT “E” – ASSIGNMENT AND ASSUMPTION
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EXHIBIT “A” TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
Legal Description of Property

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26 EXHIBIT “B” TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTION
TRANSFEROR’S CERTIFICATION OF NON-FOREIGN STATUS
Section 1445 of the Internal Revenue Code of 1986, as amended (the “Code”), provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the CITY OF COLTON, a California municipal corporation (the “Transferee”), that withholding of tax under Section 1445 of the Code will not be required upon the transfer of a U.S. real property interest to the Transferee by (the “Transferor”), the undersigned hereby certifies the following on behalf of the Transferor:

1. The Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder);

2. The Transferor’s U.S. employer identification number is _______________; and

3. The Transferor’s office address is ______________________________________.

The Transferor understands that this Certificate may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.

Under penalty of perjury I declare that I have examined this Certification and, to the best of my knowledge and belief, it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor.

DATED: ________________, 20___.

FONTANA MOTOR LODGE,
a California general partnership

By:

RAMESH PATEL, General Partner
By:

RADHA PATEL, General Partner

RAMESH RANCHHODBHA PATEL, co-trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023

RADHA RAMESH PATEL, co-trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023
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27 EXHIBIT “C” TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
Grant Deed
[Attached]
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1 RECORDING REQUESTED BY:
[TITLE]
WHEN RECORDED RETURN TO:

CITY OF FONTANA
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Clerk

Space above this line for Recorder’s Use
No Recording Fee Pursuant to Gov’t Code § 27383
No Documentary Transfer Tax Pursuant to
California Revenue & Taxation Code § 11922
FOR A VALUABLE CONSIDERATION, receipt o f which is hereby acknowledged, FONTANA MOTOR LODGE, a California general partnership, and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co -trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dat ed October 26, 2023, as tenants in common (“Grantor”) hereby GRANTS to CITY Of FONTANA, a municipal corporation (“Grantee”), the following described real property in the City of Fontana, County of San Bernardino, State of California:

SEE EXHIBIT “1” ATTACHED HERETO.

Dated: ___________________, 2025 [Insert Name of Seller]

By: EXHIBIT ONLY – DO NOT EXECUTE
(Name)
(Title)

GRANT DEED
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2 STATE OF CALIFORNIA )

COUNTY OF )
On __________________________ before me, _________________________________________________ (here insert name and title of the officer), personally appeared ____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscri bed 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.

Signature __________________________________________ (Seal)

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EXHIBIT “1” TO GRANT DEED

EXHIBIT “1” TO GRANT DEED

LEGAL DESCRIPTION

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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the above Grant Deed from FONTANA MOTOR LODGE, a California general partnership, and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co -trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dated October 26, 2023 (“Grantor”) to CITY OF FONTANA (“Grantee”), is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee’s governing board, and Grantee hereby consents to recordation of said Grant Deed.

CITY OF FONTANA, Dated: ___________________, 2025
a municipal corporation

By:

Matthew C. Ballantyne, City Manager

Attest:

Germaine Key, City Clerk
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EXHIBIT “D”

EXHIBIT “D” TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
Bill of Sale
[Attached]
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BILL OF SALE
This Bill of Sale is made as of thi s ____ day of ____________, 2025 , by FONTANA MOTOR LODGE, a California general partnership, and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co -trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dated October 26, 2023 (“Seller”), in favor of CITY OF FONTANA, a municipal corporation (“Buyer”).

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller hereby assigns and transfers to Buyer, its successors and assigns, all of Seller’s right, title and interest in and to all the perso nal property (collectively, the “Personal Property”) owned by Seller and located on the Real Property (more particularly described on Exhibit “1” hereto) as of the date hereof.

The Personal Property transferred hereby is transferred “AS IS”, “WHERE IS” and “WITH ALL FAULTS”, and without any representation or warranty whatsoever.

IN WITNESS WHEREOF, the undersigned has executed this Bill of Sale as of the day and year first above written.

Dated: ___________________, 2025 [Insert Name of Seller]

By: [EXHIBIT ONLY – DO NOT EXECUTE]
(Name)
(Title)
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EXHIBIT “1” TO BILL OF SALE

LEGAL DESCRIPTION

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EXHIBIT “E”

EXHIBIT “E” TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
Assignment and Assumption
[Attached]
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ASSIGNMENT AND ASSUMPTION
THIS ASSIGNMENT AND ASSUMPTION (the “Assignment”) is made as of the ____ day of _____________, 2025, by and between FONTANA MOTOR LODGE, a California general partnership, and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co-trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dated October 26, 2023 (“Assignor”), in favor of CITY OF FONTANA, a municipal co rporation (“Assignee”).

1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby assigns and transfers to Assignee as of the date title to the property described on Exhibit 1 attached hereto and incorporated herein by this reference (the “Property”) is transferred to Assignee (the “Transfer Date”), all of the following relating to the Property, to the extent assignable, and without representation or warranty of any kind whatsoever, express or implied:
(a) any and all assignable governmental licenses, permits, certificates (including certificates of completion and certificates of occupancy), authorizations and approvals held by Assignor in connection with the current occupancy, use and operation of, and construction upon, the Property (collectively, the “Permits”); and
(b) any and all assignable warranties and guaranties including, without limitation, contractor’s, architect’s and manufacturer’s warranties and guaranties held by Assignor and given by third parties with respect to the Property (collectively, the “Warranties”); and (c) all equipment leases, service and/or maintenance agreements and contracts relating to the Real Property (collectively, the " Contracts"), as more particularly described in Exhibit 2 attached hereto.
(d) all tenant leases and occupancy agreements relating to the Real Property (collectively, the "Leases"), as more particularly described in Exhibit 3 attached hereto.

2. Assignee accepts this Assignment and hereby assumes and a grees to perform from and after the Transfer Date all of Assignor’s covenants, agreements and obligations under the Permits, Warranties, Contracts and Leases.

3. The Parties shall engage in good faith non-binding mediation prior t o initiation of any litigation. If legal action is commenced to enforce or to declare the effect of any provision of this Assignment, or any document executed in connection with this Assignment, the prevailing party shall be entitled to recover from the non-prevailing party attorneys’ fees and other litigation costs. In addition to the foregoing award of attorneys’ fees to the prevailing party, the prevailing party in any lawsuit on this Assignment or any document executed in connection with this Assignment shall be entitled to it s attorneys’ fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Assignment or any document executed in connection with this Assignment into any judgment on this Assignment or any document executed in connection with this Assignment. 164
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4. This Assignment shall binding on and inure to the benefit of the parties herein, their heirs, executors, administrators, successors in interest and assigns.

5. This Assignment shall be governed by and construed in accordance with the laws of the State of California.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, this Assignment and Assumption is made as of the day and year first above written.
“ASSIGNOR”

FONTANA MOTOR LODGE, Dated: ___________________, 2025 a California general partnership

By:

RAMESH PATEL, General Partner

By:

RADHA PATEL, General Partner

RAMESH RANCHHODBHA PATEL, co-trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023

RADHA RAMESH PATEL, co-trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023

“ASSIGNEE”

CITY OF FONTANA, Dated: ___________________, 2025
a municipal corporation

By:

Matthew C. Ballantyne, City Manager

Attest:

Germaine Key, City Clerk
Approved as to Form:

Best Best & Krieger LLP
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EXHIBIT “1” TO ASSIGNMENT AND ASSUMPTION

LEGAL DESCRIPTION

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EXHIBIT “2” TO ASSIGNMENT AND ASSUMPTION

CONTRACTS

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EXHIBIT “3” TO ASSIGNMENT AND ASSUMPTION
LEASES

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SCHEDULE 5.7

LISTING OF ALL CONTRACTS, LEASES AND OCCUPANCY AGREEMENTS

AFFECTING THE PROPERTY
170
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0586 Agenda Date: 10/28/2025
Agenda #: J. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Purchase and Sale Agreement-16565 Orange Way
RECOMMENDATION:

1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 16565 Orange Way, Fontana CA 92335 specifically described as APN 0191-251-25 in the amount of $2,800,000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property with APN 0191-251-25 compromised of approximately 0.68-acre parcel with a 16,000 square foot building (“Property”) from Fontana Orange, LLC, a California Limited Liability Company.

3. Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The City of Fontana continues to experience significant population growth and is now the most populous city in San Bernardino County. This growth has led to a corresponding increase in public infrastructure and demands on public services, supplies, equipment, and materials. To illustrate the scale of current maintenance responsibilities, Public Works staff currently manage over 220 traffic signals, 52 public parks, 470 miles of sewer lines, 640 centerline miles of roadway, and more than 28 public buildings-including the recently completed downtown parking structure.

The Public Works North Yard, located at 16440 Orange Way, serves as the city’s hazardous waste intake as well as equipment and material storage supply for public works operations. In addition to storage contained in the north yard, various city departments rent space from various storage facilities located throughout the city. To facilitate prompt repairs and service the demands of the businesses and residents of the city, additional storage capacity is needed.

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File #: 25-0586 Agenda Date: 10/28/2025
Agenda #: J. Category: Consent Calendar
The North Yard is not capable of supporting the storage needs of the city and it is economically inefficient to expand the city’s use of privately owned storage facilities. Staff proposes acquisition of this property to resolve the ongoing growing demands of the city. Increased storage capacity will allow for more economic acquisitions of items needed for routine and specialized maintenance, including traffic signal poles, utility cabinets, park benches, light poles and other essential materials required for the daily upkeep of city assets.

The City and the Seller have negotiated a Purchase Agreement with the following proposed deal- points:
· The City of Fontana would acquire the property for the price of $2,800,000. · The City of Fontana and Seller Fontana Orange, LLC will equally split any/all escrow fees as appropriate.
· The City will have 60 days from the opening of escrow to complete its due diligence on the subject property to confirm the suitability and condition of the property for the city’s intended use.
· The City will have a sixty-day financing period to complete all wire-transfers and documents necessary for the close of escrow after approval of the feasibility review.

Approval of the Purchase Agreement and acquisition of the subject property is a crucial step in the City’s efforts to efficiently maintain the city’s growing list of assets and facilities.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is estimated to be $3,500,000 (including escrow costs, acquisition fees, and site improvements). The necessary budget adjustments will be included in the FY 25-26 First Quarter Budget Report Fund 601 and 632.

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0591 Agenda Date: 10/28/2025
Agenda #: K. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve a Contract with Active Education for the Soccer & Multi-Sports Program to be delivered at Fontana Expanded Learning Program.

RECOMMENDATION:

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

2. Approve a contract with Active Education to provide and deliver the Soccer & Multi-Sports Program for the Fontana Expanded Learning Program at elementary and middle school sites.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
..End
COUNCIL GOALS:
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
· Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging healthy eating, regular physical activity, and responsible individual choices.

DISCUSSION:

The Fontana Unified School District (FUSD) is contracting with the City of Fontana to serve as their Fontana Expanded Program (FELP) Provider. FELP is fully funded through the After School Education and Safety (ASES) Grant and Expanded Learning Opportunities Program (ELO-P).

As part of the grant-required curriculum components, FELP provides physical education components and 21st-century skills lessons to meet the program requirements, as well as align with the district’s efforts to support participants' healthy living skills.

It is recommended that the City contract with Active Education to provide and deliver the Soccer & Multi-Sports Program curriculum for the Fontana Expanded Learning Program at elementary and middle school sites to support the Operating Agreement between the City and FUSD. The program will support participants’ physical education and sportsmanship skills.

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File #: 25-0591 Agenda Date: 10/28/2025
Agenda #: K. Category: Consent Calendar
The Soccer & Multi-Sports programming will focus on teaching participants essential values such as teamwork, basic conflict resolution, and responsible decision-making. Additionally, FELP staff will receive training on the fundamentals of fun recreational play provided by Active Education.

This is a sole-source contract as the curriculum is only available through Active Education and meets grant requirements. Purchasing Policy 3.1.5 allows the purchase when no competitive advantage would be gained from services that are unique and are only available from one source. The contract template is approved by BBK.

FISCAL IMPACT:

The program is budgeted in the adopted FY 2025/2026 Community Services Department operating budget as designed by the FUSD Operating Agreement. The program cost is $166,320.00 and will be funded from budget unit 38624101 in account 8130.

The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $14,880,864 per year for services provided to the grant-based after-school program.

MOTION:

Approve staff recommendation
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EXHIBIT “A”

SCOPE OF SERVICES

The Contractor, Active Education, shall provide the City with a structured soccer program for the Fontana Expanded Learning Program school sites. The soccer program will focus on the sports fundamentals and fitness.

The program will emphasize the development of skill development as well as Positive Behavior Interventions and Supports’ (PBIS) best practices. The program will be conducted within nine (9) months, with in-person visits scheduled to begin on execution of contract and conclude by May 28, 2026.

• The contractor will service:
o Provide Soccer/Sports Clinics to 33 Fontana Expanded Learning Program sites. • Schedule
o 24 weeks
o Number of services provided 4 days per week
o Program days: Tuesday to Friday
o Between 12pm-5pm

• Programming
o Total number of sessions: 396
o Participants will receive structured soccer/sports clinics teaching the fundamentals of the sport and fitness.
o Activities will encompass fun and healthy activities with an emphasis on social and emotional learning and PBIS best practices.
• For all visits, the City of Fontana shall provide:
o Calendar schedule for activities/visits.
o Use of facility space.
o Contractor shall work directly with FELP staff regarding facility/equipment needs.

• The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days before the performance to guarantee payment for the following services. o Completion of fingerprinting and background checks for participating staff. o Completion of Mandated Reporter Training through Vector Solutions. • The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty (30) days’ notice given in writing. • Contractor will be funded through the Expanded Learning Opportunities Program (ELO- P). • The Contractor shall be paid within thirty (30) days of services rendered as follows:

May 28, 2026
$166,320.00 (ELO- P Funded Schools)
$166,320.00 (Total)

Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California.

Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.

The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.
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The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/or any unforeseen weather conditions. In the event that the Contractor is set -up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and set - up the Contractor may be offered an alternative performance date at the same pay rate.

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833-B-ACTIVE | PO Box 1838, Redlands, CA 92373 | activeeducation.c om School Proposal
This proposal outlines the intended agreement to provide services for the 2025-2026 school year, between and Active Education.

Program Details:

We provide a structured activity program, which encompasses fun and healthy activities with an emphasis on social and emotional learning and PBIS best practices. Our curriculum has been designed using evidence-based research and data in alignment with CASEL’s core competency framework. Our programs provide character development to students through a combination of activities and monthly character education focuses. days per week
• staff members will work with over students per day
• Number of weeks:
• Service to be provided
• Number of hours per week:
• Total number of sessions (Session = 2 hours @ 1 Site:
• Start date:
• End date:
• Exact days and times to be agreed by Principal or Assistant Principal:
• Maximum cost for the program will be:

We Guarantee:
• Sta ff will be vetted and live-scanned prior to arrival at the school site • We will provide all necessary equipment unless otherwise specified • Applicable insurance documents will be provided upon contract agreement School Proposal
Date:
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CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT

XX-XX-XX-XX

This Agreement is made and entered into as of x day of October, 2025 by and x day of June, 2025 between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Active Education with its principal place of business at PO Box 1838, Redlands, CA 92373 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

After-School Soccer & Multi-Sports Program (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $166,320. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following 191

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manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years fr om the date of final payment under the contract for inspection by City.

5. T erm:

The term of this Agreement shall be from October x, 2025 to June x, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non - performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non- performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
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Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City . No employee or agent of Consultant shall become an employee of City . The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Co mmercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
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(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City , and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City , the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall 194

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maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the C ity and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General 195

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Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) A ll required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is 196

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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. I
ndemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total 197

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compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws . It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. I f the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be register ed with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reversed

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
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a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If s aid termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. O rganization
Consultant shall assign Lee Hartley as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Li mitation of Agreement .

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Marlene Bonilla
[email protected]
CONSULTANT:

Active Education
Box 1838
Redlands, CA 92373
Attn: Lee Hartley
[email protected]

and shall be effective upon receipt thereof.
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22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either P arty, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
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Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Fo r breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City , during the term of his or her service with City , shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
Active Education

By:

Attest:

By:

Germaine McClellan Key
City Clerk

By:

Ramon Ebert
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

_____________________________
Daniel Schneider
Community Services Director

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Rakesha L. Voss
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager

202

13 16498.00150\32126437.1

EXHIBIT A
Scope of Services

203
204
205

206
207
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
9/22/2025
License # 0757776(909) 379-1333(909) 533-226618058Active EducationP.O. Box 1838Redlands, CA 92373 A 1,000,000XXPHPK2585494-0048/1/20258/1/2026100,00001,000,0003,000,0003,000,0001,000,000A PHPK2585494-0048/1/20258/1/2026 AProfessional LiabiliPHPK2585494-0048/1/2025EachProf Incident1,000,000AMisconduct / AbusePHPK2585494-0048/1/20258/1/2026Each Abusive Conduct1,000,000Re: Various School Programs within the DistrictCity of Fontana is Additional insured on General Liability per the attached as required by written contract. Waiver of Subrogation applies per attached."Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc (Hub), independant of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holders notice of such cancellation within ten (10) days of the cancellation date." City of Fontana8353 Sierra AvenueFontana, CA 92335
ACTIEDU-01LHEMMERS
HUB International Insurance Services Inc.PO Box 5345Riverside, CA 92517Lysandra [email protected] Indemnity Insurance Company 8/1/2026
X X
X X
208
PI-GLD-HS (10/ 11)