Fontana City Council
January 13, 2026

Tuesday, January 13, 2026
2:00 PM
City of Fontana
8437 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1982 Reso. No. 2026-001
Steelworkers' Auditorium
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 January 13, 2026
Welcome to a meeting of the Fontana City Council. Meetings are held at the Steelworkers' Auditorium 8437 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 Steelworkers' Auditorium 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 Steelworkers' Auditorium. All bags are subject to search. Face masks are prohibited in the Steelworkers' Auditorium, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Steelworkers' Auditorium, 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 REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 15166 Foothill Blvd.

City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Aldea Fontana Foothill, LLC
Under Negotiation: Price and Terms of payment

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
26-0737

2 City Council Meeting Regular Agenda January 13, 2026
SECTION 54956.9 (a)
Case: Doug Locey vs. City of Fontana Workers ’
Compensation (Compromise and Release)

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Michael Hall vs. City of Fontana Workers ’
Compensation (Compromise and Release)

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Samuel Wooten vs. City of Fontana Workers ’
Compensation (Compromise and Release)

5. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Inland Coalition for Immigrant Justice v. City of Fontana
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement
PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form

3 City Council Meeting Regular Agenda January 13, 2026
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 26-0727
Approve the minutes of the December 9, 2025, Regular City Council Meeting.

Attachment No. 1- City Council Meeting Minutes
12-09-2025.pdf
Attachments:

B. 2026 City Holiday and City Council Meeting Calendar - Revisions and Ratification
26-0742
Ratify the reinstatement of the January 13, 2026, City Council meeting and approve the revised 2026 Calendar of City-recognized holidays and City Council meetings...End
Attachment No. 1- 2026 City Hall Holiday Calendar.pdf
Attachment No. 2- 2026 City Council Meetings.docx
Attachments:

C. Adoption of Ordinance No. 1977 (Second Reading) ,
approving pursuant to a Mitigated Negative Declaration, Zoning District Map Amendment No. 24-0004 to update the zoning map from Multi-Family Medium /High Residential
(R-4) to Multi-Family Residential (R-3) for 35 parcels
26-0724
Conduct a second reading by title only and adopt Ordinance No. 1977, approving pursuant to a Mitigated Negative Declaration, Zoning District Map Amendment No. 24-0004 to update the zoning map from Multi-Family Medium/High Residential (R-4) to Multi-Family Residential (R-3) for 35 parcels (APNs: 0228-051-01, -14, -15, -16, -17, -19, -20, and -21; 0228-052-01, -25, -26, and -27, 0228-061-02 through -14, -16, -17, -18, -20 through -25, and 0228-311-05) on approximately 31.0 acres.

Attachment No. 1-Ord 1977.docxAttachments:

D. Adoption of Ordinance No. 1978 (Second Reading) ,
approving Master Case No. 25-0082 and Municipal Code
Amendment No. 25-0012, amending Chapter 17 (Motor
Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation
Element amendments
26-0726
Conduct a second reading by title only and adopt Ordinance No. 1978, approving Master Case No. 25-0082 and Municipal Code Amendment No. 25-0012, amending Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be

4 City Council Meeting Regular Agenda January 13, 2026
consistent with the proposed Community Mobility and Circulation Element amendments.

Attachment No. 1- Ord 1978.docxAttachments:

E. Adoption of Ordinance No. 1979 (Second Reading) ,
Amending Fontana Municipal Code Section 2-39 to
Increase the Salary for Members of the City Council and Mayor
26-0728
Conduct a second reading by title only and adopt Ordinance No. 1979 (Second Reading), Amending Fontana Municipal Code Section 2-39 to Increase the Salary for Members of the City Council and Mayor.

Attachment No. 1- Ord 1979.docxAttachments:

F. Adoption of Ordinance No. 1980 (Second Reading), Adding Article IX of Chapter 23 of the Fontana Municipal Code
Regarding Prevention of Pollutants into Storm Drains
26-0731
Conduct a second reading by title only and adopt Ordinance No. 1980 (Second Reading), Adding Article IX of Chapter 23 of the Fontana Municipal Code Regarding Prevention of Pollutants into Storm Drains.

Attachment No. 1- Ord 1980.docxAttachments:

G. Adoption of Ordinance No. 1981 (Second Reading) ,
Amending Fontana Municipal Code Sections 15-820
(Permits Required) and 15-821 (Review Of Permit
Application; Decision) to Comply with New State Law and Help Protect the City ’s Community by Effectively
Regulating the Sale of Food, Goods, and Merchandise that Create a Health and Safety Danger
26-0733
Conduct a second reading by title only and adopt Ordinance No. 1981 (Second Reading), Amending Fontana Municipal Code Sections 15-820 (Permits Required) and 15-821 (Review of Permit Application; Decision) to Comply with New State Law and Help Protect the City’s Community by Effectively Regulating the Sale of Food, Goods, and Merchandise that Create a Health and Safety Danger.

Attachment No. 1- Ord 1981.docxAttachments:

H. Final Acceptance of McDermott Soccer Field Fencing & Installation Project (PW-24-139-CC)
25-0676
Accept as complete the work performed by DASH Construction Company, Inc. for the McDermott Soccer Field Fencing & Installation Project (PW-24-139-CC).

Attachment No. 1- Contract_Change_Order_1_SIGNED.pdfAttachments:

5 City Council Meeting Regular Agenda January 13, 2026
I. Acceptance of Fontana ’s Downtown Economic
Development Grant
25-0688

1. Authorize the City Manager or his designee to enter into a contract with the San Bernardino County Board of Supervisors to accept a contribution in the amount of $150,000 for the Downtown Economic Development and promotional events.

2. Authorize the City Manager, or City Manager ’s designee, to execute and transmit any documents necessary or desirable to ensure the City ’s timely submittal and execution of the Board of Supervisors discretionary funding allocation.

Attachment No. 1- CON-BOS-01-13-26-BDF-D2-City of
Fontana Downtown Economic Development Plan.pdf
Attachments:

J. Final Acceptance of Stage Red Theater Outdoor Deck
Construction Project (PW-25-125-SB)
25-0697
Accept as complete the work performed by Oppenheimer National for the Stage Red Theater Outdoor Deck Construction Project (PW-25-125-SB).

K. Approve Amendment No. 1 to a Professional Services
Agreement for the Design Services of 8470 Nuevo Avenue
Renovation Project (DE-25-179-SP)
26-0708

1. Approve and authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement with Steiner Studio of 8470 Nuevo Avenue Renovation Project in the amount of $74,500.00 for a total contract amount of $292,800.00.

2. Approve and Authorize the City Manager, or City Manager ’s designee, to execute any future amendments and documents necessary for the Design and Engineering Services of 8470 Nuevo Avenue Renovation Project.

Attachment No. 1- Vicinity Map (1).pdf
Attachment No. 2- Amendment No. 1
Attachments:

L. Approve Right of Entry to Construct and Maintenance
Agreement with the Property Owner at 7893 Sierra Avenue, Fontana CA 92335
26-0716
Approve and authorize the City Manager to execute the Right of Entry to Construct and Maintenance Agreement with the property owner at 7893 Sierra Avenue, Fontana CA 92335.

Attachment No. 1- Agreement Signed.pdf
Attachment No. 2- 7893 Sierra Ave Exhbit A.pdf
Attachments:

6 City Council Meeting Regular Agenda January 13, 2026
M. Approve Joint Use Agreement with Southern California Edison Company on Locust Avenue and Armstrong Avenue
26-0721
Attachment No. 1- Final Draft of the SCE JUA at Locust & Armstrong for City signature.pdf
Attachments:

N. Sewer Rate Study and Proposition 218 26-0723

1. Award a contract and authorize the City Manager to execute the Professional Services Agreement for the Sewer Rate Study and Proposition 218 Process (DE-26-77-SP) with Raftelis Financial Consultants, Inc in the amount of $104,640.

2. Approve and authorize the City Manager to execute any future amendments for the Sewer Rate Study and Proposition 218 Process agreement (DE-26-77-SP).

Attachment No. 1- Sewer Rate Study Scoring Matrix.pdf
Attachment No. 2 - Sewer Rate Study Project Bid
Summary.pdf
Attachment No. 3 - PSA Sewer Rate Study DE-26-77-SP.pdf Attachments:

O. Final Acceptance of Perimeter Street, Storm Drain, Sewer and CFD Landscape Improvements for Tract No. 18974
26-0725

1. Accept as complete the perimeter street, storm drain, sewer and CFD landscape improvements for Tract No. 18974 along Knox Avenue and Havana Court.

2. Adopt Resolution No. 2026-001, accepting sewers in Tract 18974 as part of the City sewer system.

Attachment No. 1 - TM 18974 - Sewer Acceptance
Resolution.pdf
Attachment No. 2 - TM 18974 - Subdivision Improvement
Agreement & Bonds.pdf
Attachment No. 3 - TM 18974.pdf
Attachment No. 4 - TM 18974 Certificate of Correction.pdf Attachment No. 5 - TM 18974 - Vicinity Map.pdf
Attachments:

P. Award Bid for Heritage Community Center Pool Plastering (PW-26-70-SB)
26-0740

1. Award bid and authorize the City Manager to enter into a construction contract with California Landscape and Design, Inc., for Heritage Community Center Pool Plastering in the amount of $151,219.00 and authorize a 10% contingency in the amount of $15,122.00 for a total contract authorization amount of $166,341.00 (PW-26-70-SB).

7 City Council Meeting Regular Agenda January 13, 2026

2. Approve an appropriation of $23,341.00 from available fund balance in ORG# 60437000.

3. Authorize the City Manager to execute any related items on the behalf of the City of Fontana for Heritage Community Center Pool (PW-26-70-SB).

Attachment No. 1 - Summary Bid Results.docx
Attachment No. 2-Project Report.pdf
Attachment No. 3-Bid Recap Letter PW-26-70-SB.pdf
Attachments:

Q. Authorize Operating funding to the Stage Red Enterprise Fund.
26-0738

1. Approve funding for operating expenses to ASM Global in an amount not to exceed $500,000.

2. Amend the Memorandum of Understanding (MOU) for the inter-city loan between the City of Fontana General Fund and the Stage Red Enterprise Fund increasing the loan by $314,587 from $1,750,000 to $2,064,587.

Stage Red Enterprise Loan $226587.docxAttachments:

R. Appointment of Mayor Pro Tem and City Council Members to Local Agencies and Regional Boards for Calendar Year 2026
26-0751

1. Appoint Council Member Peter Garcia as Mayor Pro Tem for a one-year term.

2. Approve the appointments of City Council Members to various local agencies, regional boards, authorities, and advisory committees for calendar year 2026, as outlined in the attached appointment list.

Attachment No. 1- Proposed Local Organization
Appointments - 2026.pdf
Attachments:

S. Police Department Monthly Information Update (October 2025)
26-0747
Accept the Police Department monthly information update for October 2025.

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

T. Police Department Monthly Information Update (November 2025)
26-0748
Accept the Police Department monthly information update for November 2025.

8 City Council Meeting Regular Agenda January 13, 2026
Attachment No. 1- November 2025 Report for City Council Rev2.pptx
Attachments:

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 February 10, 2026 at 2:00 p.m. in the Steelworkers' Auditorium located at 8437 Sierra Avenue, Fontana, California.

9 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0737 Agenda Date: 1/13/2026
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, January 13, 2026
1:00 P.M.

Steelworkers’ Auditorium
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 1/8/2026Page 1 of 1
powered by Legistar™
10 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0727 Agenda Date: 1/13/2026
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the December 9, 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 December 9, 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 1/8/2026Page 1 of 1
powered by Legistar™
11

City of Fontana

8437 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, December 9, 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

12

CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, December 9, 2025.

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

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

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 15166 Foothill Blvd.

City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Aldea Fontana Foothill, LLC
Under Negotiation: Price and Terms of payment

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

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. 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, December 9, 2025.

Mayor Warren called the Regular City Council Meeting to order at 2:03 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.
13

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

ABSENT: None

INVOCATION/PLEDGE OF ALLEGIANCE:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Mayor Pro Tem Garcia.

CLOSED SESSION ANNOUNCEMENT:

City Attorney Stephen Deitsch reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action. He also noted that the City Council would reconvene Closed Session aft er the meeting to discuss Item

3. CEREMONIAL ITEMS/PRESENTATIONS:

A. Mayor Warren and City Council to recognize, Records Coordinator, Kathy Kasinger on her retirement.

Mayor Warren and the City Council recognized, Records Coordinator Kathy Kasinger on her retirement.

B. Mayor Warren and City Council to recognize Corporals Christopher Romo, Louis Rios, Samuel Saenz, Johsua Patty and Paul Beltran, Officers Isaiah Sandoval, Bishop Thompson, Christopher Drayer, Celestine Cazares, Donte Gentry, Joshua Rodriguez, Police Digital Forensics II, Kurt Wagner an d Police Administrative Technician Cassandra Pimentel as October 2025 Employees of the month.

Mayor Warren and City Council recognize d Corporals Christopher Romo, Louis Rios, Samuel Saenz, Johsua Patty and Paul Beltran, Officers Isaiah Sandoval, Bishop Th ompson, Christopher Drayer, Celestine Cazares, Donte Gentry, Joshua Rodriguez, Police Digital Forensics II, Kurt Wagner and Police Administrative Technician Cassandra Pimentel as October 2025 Employees of the month.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Dale Evans with the Fontana Exchange Club invited the community to the City’ s Christmas 14

parade and encouraged participation in Fontana’s Martin Luther King Jr. Day of Service, highlighting its growth, partnership with the City, and a goal of increasing volunteer involvement in upcoming service projects.

Grace expressed concerns about the handling of a prior meeting, raised issues related to immigration enforcement activity at community events, and urged the City Council to increase transparency and consider policy changes to address community safety and trust.

Margie asked that the Municipal Code be amended to restrict construction of balconies that are too close to other homes.

Floyd Gross thanked the Mayor and City staff for past support following a personal hardship and expressed appreciation for assistance received from the Fontana Police Department. He also raised concerns about criminal activity and safety issues occurring at his housing complex and requested attention to security and enforcement at the property.

Bishop Emory James with Ephesians New Testament Church praised the City’s growth and accountability, announced the 2026 Martin Luther King Jr. Celebration scheduled for January 17, 2026, at Stage Red with a gospel music theme, and invited City Council members and the community to attend while reflecting on the history and significance of the celebration in Fontana.

CONSENT CALENDAR:

Item W.

Prior to the motion being made, City Attorney Deitsch recommended pulling Item W (Third Amendment to the City Manager Contract) from the consent calendar for discussion in continued Closed Session. Following Closed Session, the Council will return to open session and take any action deemed appropriate on Item W.

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

A. Approval of Minutes 25-0649
Approve the minutes of the October 28, 2025, Regular City Council Meeting and the November 12, 2025, Special City Council Meeting.

B. 2026 City Hall Holiday and City Council Meeting Calendar 25-0648 Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2026.

C. Amendment of the Conflict-of-Interest Code for the City of 25-0452 Fontana, Pursuant to the Political Reform Act of 1974
15

Adopt Resolution No. 2025-104, of the City Council of the City of Fontana, California, adopting and approving the amended Conflict-of-Interest Code for the City of Fontana, Pursuant to the Political Reform Act of 1974.

D. Reject All Bids for the Fire Station No. 80 - Training Center (Bid 25-0581 No. DE-24-01-SP)
Reject All Bids and authorize to re-bid the Fire Station No. 80 - Training Center.

E. Adopt the Updated Salary Table for the N on-Classified, Part-time 25-0612 Classifications Due to Minimum Wage Increases.

Adopt Resolution No. 2025-105, a resolution of the City Council of the City of Fontana adopting the non-classified, part-time salary table to comply with minimum wage increases, effective January 1, 2026.

F. Final Acceptance of the Sidewalk Reconstruction Project #1 25-0630 (Grids 29, 35, 36, and 42) (DE-24-108-SB)
Accept as complete the work performed by SNZ Contractors, Inc. for the Sidewalk Reconstruction Project #1 (Grids 29, 35, 36, and 42) (DE-24-108-SB).

G. Purchase and install police and safety vehicle equipment 25-0639 for city vehicles.

1. Authorize the Purchasing Division to utilize the General Services Administration (GSA) contract #GS-07F-0512T to procure and install police and safety vehicle equipment through the contract period of July 31, 2027, per Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal.

2. Approve the annual purchase of police safety equipment from Dana Safety Supply Inc. for equipment parts and changeover services in an amount not to exceed $350,000.00.

H. Authorize the Renewal of Licensing for Varonis DatAdvantage 25-0641 Data Audit and Protection Software Solution

1. Authorize the Purchasing Division to utilize the OMNIA Partners IT Solutions, Products, and Services contract #2024056-02 to renew licensing and support for Varonis DatAdvantage Data Audit and Protection Software per Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal.

2. Approve the purchase from SHI International Corp in the amount of $216,932.08.

16

I. FY 2024 Emergency Management Performance Grant Program 25-0654 Award (EMPG)

1. Accept the FY 2024 Emergency Management Performance Grant in the amount of $23,197.

2. Authorize the Emergency Services Coordinator to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

3. Approve the City’s in-kind match of $23,197.

J. Ratification of the 2024 - 2028 Memorandum of Understanding 25-0658 for the Fontana Police Management Association.

Adopt Resolution No. 2025-106, a resolution of the City Council of the City of Fontana, California, approving the Memorandum of Understanding and the updated salary tables between the Fontana Police Management Association and the City to establish terms of employment.

K. Acceptance of Final Parcel Map No. 20834 for the Development 25-0671 of a Commercial Property on the north side of Slover Avenue, between Citrus and Oleander Avenues, and the Abandonment of Easements on Said Map

1. Approve Final Parcel Map No. 20834, located on the north side of Slover Avenue, between Citrus Avenue and Oleander Avenue.

2. Accept dedication of public streets and easements.

3. Authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right-of-way on Boyle Avenue as identified on the parcel map.

L. Approve Security Substitution for Tract No. 20397, Located 25-0672 West of Banana Avenue and South of Foothill Boulevard, for Serena Village 206 Owner, LLC
Approve security substitution for infrastructure improvements of Tract No. 20397 and authorize the City Manager to enter into a Subdivision Improvement Agreement with Serena Village 206 Owner, LLC for construction of infrastructure improvements.

M. Resolution of the City Council of the City of Fontana Declaring, 25-0673 Pursuant to Government Code Section 54221, that Real
Property Located at 7028 Citrus Avenue, Fontana, California, Owned by the City of Fontana, Identified as Assessor Parcel Numbers 0228-151-62 and 0228-151-66, is Exempt Surplus, and Finding that Such Declaration and Authorization is Exempt from Environmental Review under the California Environmental Quality Act
17

1. Adopt Resolution No. 2025-107, declaring City-Owned properties (Lettered Lots E & I of Tract Map No. 17389) as Exempt Surplus Land.

2. Determine that the project is exempt pursuant to Section No. 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378.

N. Approve Amendment No. 5 to the Professional Services 25-0674 Agreement for Architectural Design Services for the City Hall Renovation Project - Phase II (City Hall; DE-24-147-SP)

1. Approve and authorize the City Manager to execute Amendment No. 5 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP) in the amount of $567,700.00, for a total contract amount of $2,794,310.00.

2. Approve and authorize the City Manager to execute future amendments not exceeding $100,000.00.

O. Final Acceptance of Purchase and Installation of Metal Picnic 25-0675 Shelters at North Tamarind Park Project (SB-122-PW-23).

1. Accept as complete the work performed by Western State Builders, Inc. for the Purchase and Installation of Metal Picnic Shelters at North Tamarind Park Project (SB-122-PW-23).

2. Authorize the City Manager to approve the additional contract authorization increase amount of $14,738.56.

P. Police Department Monthly Information Update 25-0677 Accept the Police Department monthly information update for September 2025.

Q. Co-Sponsorship Application Cycle (2) FY 2025/2026 25-0679 Review and approve seven (7) Co-Sponsorships recommended for the remainder of the 2025/2026 fiscal year (January 2026 through June 2026) totaling an amount of $22,565.00 as recommended by Parks, Community, and Human Services Commission.

R. Award a Contract for the Demolition of 16756 and 16766 Arrow 25-0685 Blvd.

Award bid (PW-26-14-CC) and Authorize the City Manager to execute a contract with Interior Demo Inc. in the amount of $208,168.00 for the Demolition of 16756 and 16766 Arrow Blvd and authorize a 10% contingency in the amount of $ 20,817.00.

18

S. Annual Report on Development Impact Fees 25-0686
Adopt Resolution No. 2025-108, of the City Council of the City of Fontana, approving the Annual Report on Development Impact Fees and making findings as to unexpended funds.

T. Approve and award a Professional Services Agreement to 25-0690 Soundbox Group

1. Award and authorize the City Manager to enter into a Professional Services Agreement with Issiah Avila dba Soundbox Group, LLC in the amount of $120,000.00 to provide consulting services for downtown economic development, with a specific focus on Stage Red marketing and promotion.

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

3. Approve and Authorize the City Manager, or City Manager’s designee, to execute any future amendments required for the operation of Stage Red.

U. Approve a Task Order for Traffic Engineering Staff 25-0692 Augmentation Services for Traffic Engineering and Land
Development Support with TKE Engineering, Inc.

1. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $350,000.00 for Traffic Engineering Staff Augmentation services for Traffic Engineering and Land Development Support (DE-24-195-SQ) with TKE Engineering, Inc.

2. Approve and authorize the City Manager to execute future Task Order Amendments not exceeding $50,000.00.

V. Approval of a Purchase Order with Complete Paperless 25-0695 Solutions for Digitization of Microfiche Building Permit Records

1. Authorize the Purchasing Division to utilize the RFP 2024-16 contract awarded by the City of Menifee for document scanning services per Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal; and

2. Approve a Purchase Order with Complete Paperless Solutions in the amount of $155,000 for the digitization and conversion of approximately 55,000 microfiche building permit records; and

3. Authorize the City Manager, or designee, to execute all related documents and take any actions necessary to carry out the intent of this approval.

19

PUBLIC HEARINGS:

A. Appeal No. 25-0002: Request to overturn the Planning 25-0646 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 1110-331-13 and 1110-331-25.

1. Open the public hearing and accept public comments.

2. Continue Appeal No. 25-0002 to the January 27, 2026, City Council Meeting.

Mayor Warren opened the public hearing and announced Public Hearing Item “A” would be continued to the January 27, 2026, City Council meeting.

ACTION: Motion was made by Council Member Roberts , seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5 -0 to continue Public Hearing Item “A” to the January 27, 2026 , City Council meeting. The motion carried by the following vote:

AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABS TAIN: None; ABSENT: None

B. Municipal Code Amendment (MCA) No. 25-0011: Consideration 25-0645 of an Urgency Ordinance Amending Section 30-467 of the
Fontana Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law; and Finding the Action to Be Statutorily Exempt from CEQA Under Section 21080.17 of the Public
Resources Code

Open the public hearing, receive public testimony, close the public hearing and by motion:

1. Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.

2. Waive full reading and introduce for first reading by title only Ordinance No. 1976 entitled: “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA AMENDING SECTION 30-467 OF THE
20

CITY OF FONTANA MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
FINDING THE ACTION TO BE statutorily EXEMPT FROM CEQA under Public Resources Code § 21080.17.”

Mayor Warren opened the public hearing.

City Clerk Key stated that no written public communications were received.

Associate Planner Cecily Session-Goins provided the staff report.

Mayor Pro Tem Garcia asked for clarification regarding the distinction between Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs), specifically concerning whether a deed restriction is required.

Associate Planner Session-Goins explained that attached ADUs may qualify as Junior ADUs if they are 500 square feet or smaller and meet the setback requirements of the primary residence, as JADUs are intended to be conversions of existing space or attached garages.

Additions may be constructed to create a JADU, or a unit may be developed as an attached ADU. Associate Planner Session -Goins clarified that the City does not allow ADUs to be sold separately. For detached or independent ADUs, owner occupancy is not required; however, if the unit has an interior connection and shares sanitation facilities with the main dwelling, the property owner must reside on site.

Council Member Cothran asked whether a review period would be included as part of the process.

Associate Planner Session -Goins stated that, pursuant to state law, the City is required to complete plan reviews within 15 business days. While this may require adjustments to current turnaround times, the City must comply, which could result in additional staffing needs and increased costs to meet the mandated timeframe.

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

Mayor Warren clarified that the Council’ s action would be to approve the amended version of Urgency Ordinance No. 1976, which removes deed restrictions for ADUs.

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

C. First General Plan Amendment and Project for the 1st General 25-0678 Plan Cycle of 2025; Master Case No. (MCN) 24-0060: General Plan Amendment (GPA) No. 24-0004, Zoning District Map
21

Amendment (ZCA) No. 24-0004, Tentative Tract Map No.
24-0009 (TTM No. 20712), Conditional Use Permit (CUP) No. 24-0023, and Design Review (DR) No. 24-0031; a request to change the General Plan Land Use Designation from
Multi-Family Medium/High (R-MFMH) to Multi-Family
Residential (R-MF), a request to change the zoning designation from Multi-Family Medium High Residential (R-4) to Multi-Family Residential (R-3), a request to subdivide 35 parcels to establish a condominium map and abandon a portion of Knox Avenue, a request to create a Planned Unit Development (PUD), and a request for site and architectural review of , a new 393 multi-family unit development with associated improvements on approximately 30.99 gross acres, located at APNs:
0228-051-01, -14, -15, -16, -17, -19, -20, and -21; 0228-052-01, -25, -26, and -27, 0228-061-02 through -14, -16, -17, -18, -20 through -25, and 0228-311-05, pursuant to an Initial
Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

Master Case No. (MCN) 24-0060; General Plan Amendment (GPA) No. 24-0004, Zoning District Map Amendment (ZCA) No. 24-0004, Tentative Tract Map No. 24-0009 (TTM No. 20712), Conditional Use Permit (CUP) No. 24-0023, and Design Review (DR) No. 24-0031; amendment of the subject site’s General Plan Land Use Designation from Multi-Family Medium/High (R-MFMH) Residential to Multi-Family Residential (R-MF), amendment of the Zoning District Map from Multi-Family Medium/High Residential (R-4) to Multi-Family Residential (R-3), a request to create a condominium map, a request to create a Planned Unit Development (PUD), and a request to review the architecture, site design and associated improvements for a new 393 multi-family unit development with site improvements, on approximately

31.0 gross acres, located at APNs: 0228-051-01, -14, -15, -16, -17, -19, -20, and -21; 0228-052-01, -25, -26, and -27, 0228-061-02 through -14, -16, -17, -18, -20 through -25, and 0228-311-05, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

1. Adopt Resolution No. 2025-109 (General Plan Amendment Cycle No. 1 of 2025) a Resolution of the City Council of the City of Fontana adopting a Mitigated Negative Declaration, approving Addendum and Mitigation, Monitoring, and Reporting Program (MMRP) and directing staff to file a Notice of Determination; approving General Plan Amendment No. 24- 0004 amending General Plan Exhibit 15.8 Chapter 15 (Land Use Zoning and Urban Design) of the General Plan land use designation, and approving Tentative Tract Map No. 24-0009 (TTM No. 20712), Conditional Use Permit No. 24-0023, and Design Review No. 24-0031 for APNs: 0228 -051-01, -14, -15, -16, -17, -19, -20, and -21; 0228-052-01, -25, -26, and - 27, 0228-061-02 through -14, -16, -17, -18, -20 through -25, and 0228- 311-05 on approximately 30.99 gross acres and associated improvements, subject to the Conditions of Approval; and

22

2. Read by title only and waive further reading of and introduce Ordinance No. 1977, an Ordinance of the City Council of the City of Fontana, approving pursuant to Mitigated Negative Declaration, Zoning District Map Amendment No. 24-0004 to update the zoning map from Multi-Family Medium/High Residential (R-4) to Multi-Family Residential (R-3) for 35 parcels (APNs: 0228-051-01, -14, -15, -16, -17, -19, -20, and -21; 0228-052-01, -25, -26, and -27, 0228-061-02 through -14, -16, -17, - 18, -20 through -25, and 0228-311-05) on approximately 31.0 acres; 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.

Associate Planner Alexia Barberena 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 unanimously by vote of 5 -0 to adopt Resolution No. 2025 -109. The motion carried by the following vote: AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by vote of 5 -0 to read by title only , waive further reading of and introduce Ordinance No. 1977. The motion carried by the following vote:

AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

D. Master Case No. (MCN) 25-0082: General Plan Amendment (GPA) 25-0693 No. 25-0001 and Municipal Code Amendment (MCA) No. 25-0012:

General Plan Amendment to modify the Community Mobility and Circulation Element to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goals 2 and 7 of the Circulation Element to meet the requirements of Assembly Bill 98; Fontana Municipal Code amendments to Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments, pursuant to an Addendum to the General Plan Final Environmental Impact Report (FEIR)

1. Determine that this Ordinance is not a project pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines, because this addendum to the General Plan Final Environmental Impact 23

Report (FEIR) (State Clearinghouse [SCH] No. 2016021099) does not propose any major revisions to the General Plan FEIR and no new additional impacts beyond what was anticipated have been identified, and direct staff to file a Notice of Determination; and

2. Adopt Resolution No. 2025-110 (General Plan Amendment Cycle No. 2 of 2025), a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 25-0001, amending the City of Fontana General Plan Community Mobility and Circulation Element to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goal 2 of the Circulation Element to meet the requirements of Assembly Bill 98; and

3. Read by title only, waive further reading of, and introduce Ordinance No. 1978, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0082 and Municipal Code Amendment No. 25-0012, amending Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments; 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.

Engineering Manager Ruben Hovanesian provided the staff report.

Mayor Pro Tem Garcia asked for clarification on the definition of “local delivery” as it relates to truck route restrict ions under the California Vehicle Code, including whether there is a strict definition and how it applies to different types of deliveries.

Engineering Manager Hovanesian explained that while he did not have the exact statutory definition available, the i ntent is to allow trucks to access a legitimate delivery destination, whether to a business or a residence, using the shortest and most direct route from a designated truck route. He further clarified that the City’s ordinance is based on vehicle weight:
vehicles over 10,000 pounds are subject to the City’s truck route regulations, while vehicles under that weight are not required to follow truck route restrictions.

Council Member Cohran expressed concern that, despite the proposed updates, residents may c ontinue to see trucks using local streets and raise complaints. He asked about public outreach efforts, including the use of truck -route signage and billboards, and inquired whether additional signs would be purchased as part of the City’s public relations and enforcement strategy.

Engineering Manager Hovanesian responded that resident feedback has generally been positive and that the City currently has multiple portable truck -route signs deployed, with additional units available to rotate throughout the C ity for proper notification. He also noted that, using allocated budget funds, the City is pursuing a dynamic truck messaging and 24

enforcement system to alert truck drivers when they are on restricted streets. Engineering Manager Hovanesian added that these tools would support enforcement efforts, though demand from residents for signage on individual streets is expected to continue.

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 unanimously to approve the following:

Determine that Ordinance No. 1978 is not a project pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines, because this addendum to the General Plan Final Environmental Impact Report (FEIR) (State Clearinghouse [SCH] No. 2016021099) does not propose any major revisions to the General Plan FEIR and no new additional impacts beyond what was anticipated have been identified, and direct staff to file a Notice of Determination.

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

ACTION: Motion was made by Council Member Sandoval , seconded by Mayor Pro Tem Garcia, and passed unanimously by vote of 5-0 to read by title only , waive further reading of and introduce Ordinance No. 1978. The motion carried by the following vote:

AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

ACTION: Motion was made by Council Member Cothran, seconded by Mayor Pro Tem Garcia, and passed unanimously by vote of 5 -0 to adopt Resolution No. 2025 -110. The motion carried by the following vote: AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

NEW BUSINESS:

A. Introduction and First Reading of Ordinance 1980, an 26-0702 Ordinance of the City Council of the City of Fontana, California, Adding Article IX of Chapter 23 of the Fontana Municipal Code Regarding Prevention of Pollutants into Storm Drains.

Introduce and waive further reading of Ordinance No. 1980, adding Article IX of Chapter 23 of the Fontana Municipal Code regarding prevention of pollutants into storm drains.

Introduce and waive further reading of Ordinance No. 1980, adding Article IX of Chapter 23 of the Fontana Municipal Code regarding prevention of pollutants into storm drains.
25

Public Works Director/City Engineer Gia Kim provided the staff report.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by vote of 5 -0 to approve New Business Item “ A.” The motion carried by the following vote: AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

B. Introduction and First Reading of Ordinance No. 1981, an 26-0712 Ordinance of the City Council of the City of Fontana, County of San Bernardino, California, Amending Fontana Municipal Code Sections 15-820 (Permits Required) and 15-821 (Review Of Permit Application; Decision) to Comply with New State Law and Help Protect the City’s Community by Effectively Regulating the Sale of Food, Goods, and Merchandise that Create a Health and Safety Danger.

Introduce and waive further reading of Ordinance No. 1981 (“Ordinance”), amending Fontana Municipal Code (“FMC”) Sections 15-820 (Permits Required) and 15-821 (Review of Permit Application; Decision) to comply with new State law (SB 635) and to protect the community by effectively regulating the sale of food, goods, and merchandise that pose a significant potential health and safety risk to the public.

City Manager Matt Ballantyne provided the staff report.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by vote of 5 -0 to approve New Business Item “ B.” The motion carried by the following vote: AYES: Warren, Cothran, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

C. Amending Fontana Municipal Code Section 2-39 to Increase 26-0703 the Salary for Members of the City Council and Mayor;
Introduction and First Reading of Ordinance
Read by title only and waive further reading of and introduce Ordinance No. 1979, Amending Section 2-39 of the Fontana Municipal Code, regarding the salary for members of the City Council and Mayor.

City Manager Matt Ballantyne provided the staff report.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by vote of 3-2 to approve New Business Item “C.” The motion carried by the following vote: AYES: Warren, Garcia, and Roberts; NOES: Cothran and Sandoval; ABSTAIN: None; ABSENT: None

26

CITY MANAGER COMMUNICATIONS:

City Manager Ballantyne reported that the current meeting would be the last held in the existing Council Chambers, with future meetings relocating to the Steelworkers Auditorium adjacent to the library. He also announced that the Finance Department and the City Clerk’s Office hav e moved to the former Community Services Building located at 16860 Valencia Avenue.

Additionally, City Manager Ballantyne noted that older fire equipment, which had exceeded its useful life, was donated to the communities of Mexicali and San Felipe through a partnership with the Rotary Club, continuing a long- standing City tradition. Representatives from those communities expressed appreciation and presented plaques to the City in recognition of the donations.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Discussion and Possible Action Regarding Appointment 25 -0699 to the Parks, Community, and Human Services Commission
and Planning Commission.

The following Parks, Community, and Human Services Commissioners were slated for re-appointment to a one-year term:

1. Benjamin Alba

2. Faye A. Glass

3. Ana Ordonez

4. Gilbert Roldan

5. Armando Valles

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Cothran, and passed by a vote of 4 -1 to approve the re-appointment of said individuals for a one -year term. The motion carried by the following vote: AYES: Warren , Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None

Council Member Sandoval asked whether the application for the commission had been revised as previously requested, noting concerns about transparency and inquiring if the updated application had been completed and submitted.

City Manager Ballantyne stated that the revised application will be used for future solicitations and that a copy will be provided to the Council Member. He explained that the individuals were appointed in February of the previous year and have met only a few times, so they have not yet completed a full year of service. For that reason, staff recommended extending their appointments for an additional year rather than conducting a new solicitation. He added that while the Mayor makes appointment recommendations subject to Council ratification, the Council may direct staff to open the process to new applicants if it chooses.

27

The following Planning Commissioners were slated for re-appointment to a one-year term:

1. Joe Armendarez

2. Dylan Keetle

3. Torrie Lozano

4. Ricardo Quintana

5. Idilio Sanchez

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro T em Garcia, and passed by a vote of 4- 1 to approve the re-appointment of said individuals for a one -year term. The motion carried by the following vote: AYES: Warren , Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None

ELECTED OFFICIALS COMMUNICATIONS/REPORTS - CONTINUED:

City Treasurer Koehler-Brooks reflected on the final Council meeting in the current chambers and expressed appreciation for the memories associated with the venue, including her family’s long history of service to the City.

City Clerk Key congratulated retiring Records Coordinator Kathy Kasinger, recognized Police Department employees of the month, and extended holiday greetings to the Council and community.

Council Member Sandoval expressed condolences for the passing of the mother of Assemblymember James Ramos and requested that she be formally recognized at a future meeting. He also acknowledged the passing of several community members, including longtime youth coaches, community volunteers, and family members of local leaders, noting their contributions to Fontana and the impact they had on the community.

Council Member Roberts wished all a happy holiday and New Year.

Council Member Cothran highlighted a citywide parks challenge encouraging residents to visit all Fontana parks and requested that staff update the City’s online park list to ensure it is complete and accurate. He encouraged community participation, noting the value of experiencing the City’s parks and amenities with family.

Council Member Cot hran also commended City staff, the Police Department for their responsive service and communication with residents, and the Fire Department for its partnerships and charitable efforts, including int ernational assistance. H e concluded by expressing appreciation for the City’s legacy and community spirit.

Mayor Pro Tem Garcia invited everyone to join the Fontana Christmas Parade and extended warm holiday wishes to all.

Mayor Warren reflected on the City Council’ s final meeting in the current chambers, highlighting the community’s growth and the planning of a new City Hall designed with modern meeting spaces, updated technology, and long- term use in mind. She emphasized Fontana’s 28

legacy of community involvement, c haritable initiatives, and civic pride, noting recent Thanksgiving outreach and ongoing support for children through the Boys & Girls Club.

Mayor Warren also encouraged residents to participate in upcoming community events, including the Fontana Christmas Parade and toy drive, and acknowledged the hard work of staff, police, and fire personnel in supporting these efforts. She concluded by noting that the meeting would adjourn in memory of several community members.

RECESS:

Mayor Warren recessed the meeti ng to Closed Session at 3:52 p.m., honoring the memory of the following individuals:

1. Earl Aceves, Sr.

2. Richard Cardenas

3. Theresa Grijalva

4. Jasmine Addie B. Jones

5. Joe “Pochie” Ramirez

The meeting resumed at 4:14 p.m. with all members present.

CONSENT CALENDAR - CONTINUED:

W. Third Amendment to the City Manager Employment Agreement 26-0709 between the City of Fontana and Matthew A. Ballantyne.

Approve the Third Amendment to the City Manager Employment Agreement between the City of Fontana and Matthew A. Ballantyne.

City Attorney Deitsch reported on the Third Amendment to the City Manager’s contract, pursuant to Government Code Section 65495.3(c)(3), noting it extends the contract through April 17, 2030, includes a 5% merit increase effective July 1, 2025, adjusts the City Manager’s base salary to $383,320.77 with cost -of-living adjustments, and modifies flexible savings account and cafeteria fringe benefits.

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

29

ADJOURNMENT:

Mayor Warren adjourned the meeting at 4: 18 p.m. to the Regular City Council Meeting on Tuesday, January 27, 2026, at 2:00 p.m. in the Steelworkers’ Auditorium located at 8437 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JANUARY 13, 2026.

_______________________
Germaine Key
City Clerk

30 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0742 Agenda Date: 1/13/2026
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:
2026 City Holiday and City Council Meeting Calendar - Revisions and Ratification RECOMMENDATION:

Ratify the reinstatement of the January 13, 2026, City Council meeting and approve the revised 2026 Calendar of City-recognized holidays and City Council meetings...End 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:

On December 9, 2025, the City Council formally approved the Calendar of City-recognized holidays and the City Council meeting schedule for 2026. Since that time, revisions to the meeting calendar are necessary. These changes include the ratification of the reinstatement of the January 13, 2026, City Council meeting, which was previously cancelled, and the cancellation of the January 27, 2026, City Council meeting. The revised calendars are presented for formal approval and public availability.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 1/8/2026Page 1 of 1
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APRIL MAY JUNE

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31 JULY AUGUST SEPTEMBER

S M T W T F S S M T W T F S S M T W T F S
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OCTOBER NOVEMBER DECEMBER

S M T W T F S S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5 6 7 1 2 3 4 5
4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12
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*There are observed holidays moved due to closures of Administrative Offices OBSERVED HOLIDAYS*
January 1 New Year’s Day November 11 Veterans Day Pay Day January 19 Martin Luther King Jr. Day November 26 Thanksgiving Day City Council Meeting February 16 Presidents’ Day November 27 Day After Thanksgiving Cancelled City Council Meeting May 25 Memorial Day December 23 Christmas Day Observed Holiday July 2 Independence Day December 24 Christmas Eve Winter Closure September 7 Labor Day December 31 New Year’s Day
32 CITY COUNCIL

MEETING DATE

REPORT SUBMITTAL
DEADLINE (5PM)

REPORT DUE TO CM
DEADLINE (5PM)
January 13, 2026 December 22, 2025 January 5, 2026
January 27, 2026 MEETING CANCELLED MEETING CANCELLED
February 10, 2026 January 26, 2026 January 30, 2026
February 24, 2026 February 9, 2026 February 13, 2026
March 10, 2026 February 23, 2026 February 27, 2026
March 24, 2026 March 9, 2026 March 13, 2026
April 14, 2026 March 30, 2026 April 3, 2026
April 28, 2026 April 13, 2026 April 17, 2026
May 12, 2026 April 27, 2026 May 1, 2026
May 26, 2026 May 11, 2026 May 15, 2026
June 9, 2026 May 26, 2026 May 29, 2026
June 23, 2026 June 8, 2026 June 12, 2026
July 14, 2026 June 29, 2026 July 3, 2026
July 28, 2026 July 13, 2026 July 17, 2026
August 11, 2026 MEETING CANCELLED MEETING CANCELLED
August 25, 2026 MEETING CANCELLED MEETING CANCELLED
September 8, 2026 August 24, 2026 August 28, 2026
September 22, 2026 September 7, 2026 September 11, 2026 October 13, 2026 September 28, 2026 October 2, 2026
October 27, 2026 October 12, 2026 October 16, 2026
November 10, 2026 October 26, 2026 October 30, 2026
November 24, 2026 MEETING CANCELLED MEETING CANCELLED
December 8, 2026 November 23, 2026 November 27, 2026
December 22, 2026 MEETING CANCELLED MEETING CANCELLED

2026 CITY COUNCIL MEETINGS

DATES/REPORT SUBMITTAL DEADLINE/DUE TO CM DATES
33 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0724 Agenda Date: 1/13/2026
Agenda #: C. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1977 (Second Reading), approving pursuant to a Mitigated Negative Declaration, Zoning District Map Amendment No. 24-0004 to update the zoning map from Multi- Family Medium/High Residential (R-4) to Multi-Family Residential (R-3) for 35 parcels.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1977, approving pursuant to a Mitigated Negative Declaration, Zoning District Map Amendment No. 24-0004 to update the zoning map from Multi-Family Medium/High Residential (R-4) to Multi-Family Residential (R-3) for 35 parcels (APNs: 0228-051-01, -14, -15, -16, -17, -19, -20, and -21; 0228-052-01, -25, -26, and -27, 0228-061- 02 through -14, -16, -17, -18, -20 through -25, and 0228-311-05) on approximately 31.0 acres. ..End
COUCIL 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.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.

DISCUSSION:

Ordinance No. 1977 was introduced by a vote of 5-0 at the December 9, 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 ATTACHMENT NO. 2
ORDINANCE NO. 1977

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

CALIFONIA APPROVING, PURSUANT TO A MITIGATED NEGATIVE
DECLARATION, ZONING DISTRICT MAP AMENDMENT NO. 24-0004 TO

CHANGE THE ZONING MAP FOR THE PROJECT SITE FROM MULTI -

FAMILY MEDIUM/HIGH RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL FOR 35 PARCELS, IDENTIFIED AS ASSESSOR PARCEL NUMBERS
0228-051-01, -14, -15, -16, -17, -19, -20, AND -21; 0228 -052-01, -25, -26, AND -27, 0228-061-02 THROUGH -14, -16, -17, -18, -20 THROUGH -25, AND 0228-311-05, TOTALING 31.0 GROSS ACRES.

WHEREAS, on October 8, 1981, Assessor Parcel Numbers (“APNs”) 0228 -051- 01, -14, -15, -16, -17, -19, -20, and -21; 0228-052-01, -25, -26, and -27, 0228-061-02 through -14, -16, -17, -18, -20 through -25, and 0228 -311-05 were annexed from San Bernardino County into the City of Fontana (“Project Site”); and

WHEREAS, on November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and

WHEREAS, on September 11, 2024, the City of Fontana (“City”) received an application from Diversified Pacific Communities (“Applicant”) for the Project Site for a General Plan Amendment (“GPA No. 24-0004”), Zoning District Map Amendment (“ZCA No. 24-0004”), Tentative Tract Map (“TTM No. 24-0009”), Conditional Use Permit (“CUP No. 24-0023”), and Design Review (“DRP No. 24-0031”), to change the General Plan land use designation from Multi -Family Medium/High (R-MFMH) to Multi -Family Residential (R-MF), amend the Zoning District Map from Multiple -Family Medium/High (R -4) to Multiple-Family Residential (R-3), subdivide multiple parcels to establish a condominium map for the Project Site, establish a planned unit development (PUD) within an R-3 zone, and review the architecture and site design for the development of 393 multi-family units (condominium), at the Project Site which is comprised of approximately 31.0 gross acres.

Together, all of the requested entitlements constitute Master Case Number (“MCN No. 24-0060”); and

WHEREAS, the amendments to the Zoning District Map will contribute to additional residential dwelling units that will provide a sustainable community where future occupants of the Project Site could live and utilize the services in the area as anticipated in the General Plan; and

WHEREAS, the amendment to the Zoning District Map will contribute to a balanced and diverse neighborhood with associated amenities and services, as well as contribute to an infrastructure that will support a qualified workforce and attract business; and

WHEREAS, the Zoning District Map Amendment is c onsidered a “Project” as 35 Ordinance No. 1977

defined by the California Environmental Quality Act (CEQA); and

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, T itle 14, §15000 et seq.) (“CEQA”), a Mitigated Negative Declaration (“MND”) analyzing all potential impacts of the Project was prepared for the City’s consideration as lead agency under State CEQA Guidelines section 15063; and

WHEREAS, the MND indicated that all potential environmental impacts from the project would be less than significant with the incorporation of the identified mitigation measures in the Mitigation Monitoring and Reporting Program (“MMRP”); and

WHEREAS, the Draft MND was prepared in accordance with CEQA and circulated for public review and comment between October 17, 2025 to November 18, 2025 by: (1) filing a Notice of Intent to Adopt a Mitigated Negative Declaration (“NOI”) with the State Clearinghouse; (2) filing a NOI with the San B ernardino County Clerk; (3) placing a NOI in the Sun, a newspaper of general circulation; (4) mailing a NOI to various interested persons, agencies and tribes; and (5) posting a NOI on the City’s website; and

WHEREAS, copies of the Draft MND were available during the public review period at City Hall and on the City’s website; and

WHEREAS, pursuant to Public Resources Code section 21081.6 and State CEQA Guidelines section 15074(d), the MMRP has been prepared and includes mitigation measures for biological resources and cultural resources; and

WHEREAS, on November 28, 2025, a notice of the public hearing was published in The Herald newspaper and simultaneously displayed at City Hall and at the Project Site; and

WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing; and

WHEREAS, on November 18, 2025, the Fontana Planning Commission (“Planning Commission”) conducted a publicly noticed hearing and received public testimony and evidence presented by the Applicant, City staff, and other interested parties, at the public hearing held on the project , specifically its MND, MMRP and MCN No. 24 -0060, and recommended approval with a vote of 4-0 to the Fontana City Council (“City Council”) by Resolution PC No. 2025-044; and

WHEREAS, on December 9, 2025, the City Council conducted a noticed public hearing on the project, specifically its MND, MMRP, and MCN No. 24-0060 and received testimony from all part ies and documentation from the Planning Commission’s public hearing on November 18, 2025; and
WHEREAS, on December 9, 2025, the City Council, per Resolution 202 5-109, adopted the MND along with the MMRP for the project; and 36 Ordinance No. 1977

WHEREAS, based on the evidence and testimony presented to the City Council at public hearing held on December 9, 2025, for the project, MND, MMRP and MCN No. 24- 0060, the City Council found that the project is in conformance with the goals and policies of the General Plan as referred herein; and

WHEREAS, all of the notices required by statute and the Fontana Municipal Code (“FMC”) have been given as required; and

WHEREAS, the City wishes to protect and preserve the quality of life throughout the City, through effective land use and planning; and

WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

Section 2. CEQA. The City Council has reviewed and considered the Initial Study (“IS”), MND, and MMRP, any oral or written comments received, and the administrative record prior to making any decision on the proposed project. The City Council finds that the IS/MND and MMRP contain a complete and accurate reporting of all the environmental impacts associated with the project. The City Council finds that the MND and MMRP have been completed in compliance with the State CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

a. The City Council has reviewed and considered the information contained in the Final MND and the administrative record, including all written and oral evidence presented to it, and the City Council finds based on its independent review and analysis:
(i) that the Final MND was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence in the administrative record supporting a fair argument that the Project may have a significant effect on the environment. The City Council finds that the Final MND contains a complete, objective, and accurate reporting of the environmental impacts associated with the project and reflects the independent judgment and analysis of the city. As well the City Council finds that no new significant environmental impacts have been identified in the Final MND and any changes to the Final MND in response to comments or otherwise do not constitute substantial revisions requiring recirculation under State CEQA Guidelines section 15073.5.

b. The City Council has also reviewed and considered the MMRP for the project that has been prepared pursuant to the requirements of Public Resources Code 37 Ordinance No. 1977

Section 21081.6 and finds that such MMRP is designed to ensure compliance with the mitigation measures during project implementation.

c. Adoption of MND. Pursuant to Public Resources Code section 21080, subdivision (c)(2), the City Council adopts the Final IS/MND prepared for the project.

d. Approval of MMRP. Pursuant to Public Resources Code section 21081.6, the City Council approves the MMRP, which was prepared for the project and make it a condition of project approval and is attached hereto.

e. Notice of Determination. The City Council directs staff to file a Notice of Determination with the San Be rnardino County Clerk and the Office of Planning and Research within five (5) working days of approval of the project.

Section 3. Zoning District Map Amendment Findings . The City Council hereby makes the following findings for ZCA No. 24 -0004 in accordance with Section 30 -40 “Purpose” of the Fontana Zoning and Development Code:

Finding: The Zoning and Development Code may be amended by changing the development standards (text) or zoning
designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when
modification is viewed as appropriate in the context of generally accepted planning p rinciples, surrounding land uses, and the General Plan.

Findings of Fact: ZCA No. 24-0004 will change the zoning for the Project Site from Multi-Family Medium /High Residential (R -4) to Multi -Family Residential (R-3) to accommodate the development of 393 multi- family residential units. This project will introduce a well-designed community featuring modern, high quality architecture and landscaping. This type of development is appropriate in the context of generally accepted planning principles, surroundi ng land uses and the General Plan because it enhances the
surrounding area with an attractive street scene and high -quality landscaping. This zone change will promote the public’s health, safety, and general welfare.

The zoning district map amendment is consistent with the goals and policies of the Housing Element in the General Plan. In particular, t he project aligns with the following goals of the Housing Element:
 Provide adequate housing to meet the needs of all res idents in Fontana.
38 Ordinance No. 1977

 Provide a high standard of quality in existing affordable housing stock.

Furthermore, the project will meet the following policies of the Housing Element of the General Plan:
 Goal No.1, Policy No. 1.1, by providing a “Establish a range of rental and for sale housing opportunities in the city” and  Goal No. 1, Policy No. 1.3 – “Promote the development and access to housing affordable to all income levels in Fontana.”

The amendment will present an opportunity for development of a wider variety of housing types for residents.

Section 4. Approval. Based on the foregoing, the City Council hereby approves ZCA No. 2 4-0004 to redesignate the Project Site from Multi -Family Medium/High Residential (R-4) to Multi -Family Residential (R -3) as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

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

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

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

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

APPROVED AND ADOPTED this 13th day of January 2026.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

39 Ordinance No. 1977

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 9th day of December 2025, and was finally passed and adopted not less than five days thereafter on th e 13th day of January 2026, 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
40 ATTACHMENT NO. 2

“EXHIBIT A”

EXISTING AND PROPOSED ZONING LAND USE DESIGNATION - FOR THE ENTIRE PROJECT SITE COMPRISED OF THIRTY-FIVE PARCELS (APNS: 0228-051-01, -14, - 15, -16, -17, -19, -20, AND -21; 0228-052-01, -25, -26, AND -27, 0228-061-02 THROUGH -14, -16, -17, -18, -20 THROUGH -25, AND 0228-311-05) FROM MULTI -FAMILY MEDIUM/HIGH RESIDENTIAL (R-4) TO MULTI-FAMILY RESIDENTIAL (R-3).

41 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0726 Agenda Date: 1/13/2026
Agenda #: D. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1978 (Second Reading), approving Master Case No. 25-0082 and Municipal Code Amendment No. 25-0012, amending Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1978, approving Master Case No. 25-0082 and Municipal Code Amendment No. 25-0012, amending Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments. ..End
COUCIL GOALS:
· To increase citizen involvement by seeking community input. · To increase citizen involvement by informing the public about issues, program, and accomplishments.
· To increase citizen involvement by providing the community with information on development projects.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’sinfrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

Ordinance No. 1978 was introduced by a vote of 5-0 at the December 9, 2025, Regular City Council Meeting.

FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation.

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42

ATTACHMENT NO. 2
ORDINANCE NO. 1978

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

CALIFORNIA, PURSUANT TO THE ADOPTION OF AN ADDENDUM TO

THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT,
ADOPTING MUNICIPAL CODE AMENDMENT NO. 25 -0012 TO AMEND CHAPTER 17 OF THE FONTANA MUNICIPAL CODE TO ESTABLISH A

TRUCK ROUTE NETWORK CONSISTENT WITH THE REQUIREMENTS
OF ASSEMBLY BILL 98

WHEREAS, on September 29, 2024, the State of California enacted Assembly Bill 98 (“AB 98”); and
WHEREAS, AB 98 establishes statewide standards and planning requirements intended to ensure that the development and operation of warehouses and logistics facilities occur in a manner that minimizes adverse impacts on surrounding communities and sensitive receptors; and
WHEREAS, the law identifies certain jurisdictions, including those located within the State’s “warehouse concentration region,” as being required to complete these Circulation Element updates by January 1, 2026, while all other jurisdictions must comply by January 1, 2028; and
WHEREAS, the City of Fontana (“City”) is located within the State-designated warehouse concentration region as defined by AB 98 and, as such, is required to update its Circulation Element to comply with the bill’s truck route planning requirements by January 1, 2026; and
WHEREAS, in compliance with AB 98, the City initiated General Plan Amendment (“GPA”) No 25-0001 to amend Chapter 9 (“Community Mobility and Circulation”) of the City of Fontana General Plan (“General Plan”), thereby incorporating an updated truck route and effectuating necessary modifications, and additions, to existing policies and actions under Goals 2 and 7; and
WHEREAS, the City also initiated Municipal Code Amendment (“MCA”) No. 25- 0012 to modify Chapter 17 (“Motor Vehicles and Traffic”) of the Fontana Municipal Code (“FMC”) to ensure the listed city commercial truck route system is consistent with the amendments to the General Plan; and
WHEREAS, the proposed General Plan and Municipal Code amendments are collectively considered a “Project” as defined by the California Environmental Quality Act (CEQA); and
WHEREAS, an Addendum to the City of Fontana General Plan Environmental Impact Report (State Clearinghouse [SCH] No. 2016020199) (“FEIR”) which was adopted by the City Council on November 13, 2018 has been prepared for this proposed project pursuant to Sections 15162 and 15164 of the CEQA Guidelines and 43 Ordinance No. 1978

Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines; and WHEREAS, a duly noticed public hearing was held by the City of Fontana Planning Commission (“Planning Commission”) was held on November 18, 2025, at which time all interested persons were given an opportunity to be heard concerning GPA No. 25-0001 and MCA No. 25-0012; and
WHEREAS, after conducting the duly noticed public hearing and considering all written and oral testimony presented, the Planning Commission voted to recommend approval of GPA No. 25-0001 and MCA No. 25-0012 to the City Council; and WHEREAS, by ensuring that the City’s planning and zoning regulations are consistent with State law, the amendments substantially promote the goals of the General Plan by protecting public welfare and providing clear guidance for future land use decisions; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have been met.

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

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

Section 2. The City Council has reviewed and considered the City of Fontana General Plan EIR and Addendum, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The City Council finds that the Adde ndum and City of Fontana General Plan EIR contain a complete and accurate reporting of all of the environmental impacts associated with the Project. The City Council further finds that the Addendum has been completed in compliance with the State CEQA Guide lines and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

Section 3. Having considered the Addendum, the administrative record, the City of Fontana General Plan EIR and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the proposed project have been addressed within the City of Fontana General Plan EIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record that the project may result in any significant environmental impacts beyond those analyzed in the City of Fontana General EIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the project and reflects the independent judgment and analysis of the City Council.

Section 4. The City Council adopts the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting 44 Ordinance No. 1978

Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guide lines for Implementing CEQA and direct staff to file and post a Notice of Determination.

Section 5. After receiving the recommendation of the Planning Commission and considering all written and oral testimony presented at the public hearing, the City Council finds that MCA No. 25-0012 is necessary to ensure the City’s regulations remain current and responsive to the needs and desires of the community. The City Council further finds that the amendment is required to comply with the requirements of AB 98, as detailed in Exhibit A, which is attached hereto and incorporated herein by this reference, and that the modification is appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan. Based on these findings, the City Council hereby approves MCA No. 25-0012.

Section 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fa ct that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

Section 7. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of t hese records is the City Clerk.

Section 8. This Ordinance shall be effective thirty days (30) following its adoption.

Section 9. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

APPROVED AND ADOPTED this 13th day of January, 2026.

45 Ordinance No. 1978

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on the 9th day of December, 2025 and was finally passed and adopted not less than five days thereafter on the 13th day of January, 2026, 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

46 Ordinance No. 1978

“EXHIBIT A”

AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 17
(*Additions shown in underline, deletions shown in strikeout)

Chapter 17 – TRUCK ROUTES

Sec. 17-428. Street segments that are part of city commercial truck route system.

Alder Avenue Foothill Boulevard to Valley Boulevard
Arrow Boulevard Ilex Almeria Avenue to Maple Citrus Avenue Baseline Avenue Interstate 15 to Maple Avenue
Beech Avenue Foothill Boulevard to Whittram Avenue
Beech Avenue Slover Avenue to Jurupa Avenue
Cherry Avenue Interstate 15 State Route 210 to Jurupa Avenue 150 feet south of Owen Street
Cherry Avenue 50 feet north of Andel Drive to Jurupa Avenue Citrus Avenue Baseline Avenue State Route 210 to Jurupa Avenue Etiwanda Avenue ¼ mile south of Whittram Avenue Interstate 10 to Philadelphia Avenue
Foothill Boulevard East Avenue to Maple Avenue
Interstate 10 Etiwanda Avenue to Alder Avenue
Interstate 15 Baseline Avenue to Sierra Avenue
1-15 East Frontage
Road
Cherry Avenue to Beech Avenue
Jurupa Avenue Etiwanda Avenue to Sierra Avenue
Marlay Avenue Etiwanda Avenue to Mulberry Avenue
Mulberry Avenue Slover Avenue to Philadelphia Avenue
47 Ordinance No. 1978

Philadelphia
Avenue
Etiwanda Avenue to Mulberry Avenue
Riverside Avenue Sierra Avenue to 1650 feet southeast of Sierra Avenue State Route 30 Interstate 15 to Palmetto Avenue
San Bernardino
Avenue
Etiwanda Avenue to Citrus Avenue
San Bernardino
Avenue
Alder Avenue to Locust Avenue
Santa Ana Avenue Mulberry Avenue to Citrus Avenue
Sierra Avenue Interstate 15 to Foothill Boulevard State Route 210 Sierra Avenue Valley Boulevard Interstate 10 to Jurupa Avenue Sierra Lakes
Parkway
Sierra Avenue to 525 feet east of Mango Avenue
Slover Avenue Etiwanda Avenue to 660 feet west of Alder Avenue South Highland
Avenue
Sierra Avenue to Palmetto Avenue
South Highland
Avenue
West of Sierra Avenue (temporary - Route 30
construction)
Summit Avenue Interstate 15 to Beech Avenue
Valley Boulevard Interstate 10 Banana Avenue to Alder Avenue Citrus Avenue

48 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0728 Agenda Date: 1/13/2026
Agenda #: E. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1979 (Second Reading), Amending Fontana Municipal Code Section 2-39 to Increase the Salary for Members of the City Council and Mayor.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1979 (Second Reading), Amending Fontana Municipal Code Section 2-39 to Increase the Salary for Members of the City Council and Mayor.
..End
COUCIL GOALS:
· Increase citizen involvement by Developing future leaders. · Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.

DISCUSSION:

Ordinance No. 1979 was introduced by a vote of 3-2 at the December 9, 2025, Regular City Council Meeting.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item will result in a net increase in annual salary expenses of $7,574.40 once fully effective in December 2026. There is no fiscal impact for 2025-26 and necessary budget adjustments will be included in the 2026-27 Supplemental Budget.

MOTION:

Approve staff recommendation.

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49

ORDINANCE NO. 1979

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA AMENDING SECTION S 2-39 OF THE FONTANA

MUNICIPAL CODE, REGARDING THE SALARY FOR MEMBERS OF
THE CITY COUNCIL AND MAYOR.

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

WHEREAS, Article XI, section 7 of the California Constitution grants the City broad discretionary power to “make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws”; and

WHEREAS, Section 36516 of the Government Code provides the method by which salaries for members of a city council of a city are established and increased; and

WHEREAS, Section 36516(a)(4) of the Government Code provides that a city council of a city may, by ordinance, authorize an increase in salary to members of the city council, so long as such increase does not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of salary; and

WHEREAS, the salary for the members of the City Council of the City pursuant to Ordinance No. 1884 adopted February 8, 2022, is currently set at $2,106.00 per month, with an additional $2,094 per month for the City’s directly elected Mayor in accordance with Government Code § 36516.1; and

WHEREAS, the salary for the members of the City Council was set in 2022; and

WHEREAS, the City Council wishes to enact a new ordinance superseding Ordinance No. 1884 and increasing the monthly salary of the members of the City Council and Mayor within the limitations of Government Code Section 36516(a)(4); and

WHEREAS, in order to encourage qualified persons to become members of the City Council and to assure that members of the City Council are compensated comparably to council members of ot her cities, it is in the best interests of the City to increase the salary of the members of the City Council; and

WHEREAS, a duly noticed public meeting was held at which time this ordinance was considered and at which time all persons wishing to be hear d were afforded an opportunity to do so; and

WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

50 Ordinance No. 1979

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

Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.

Section 2 . Amendment. Section 2 -39 of Article II of Chapter 2 of the Fontana Municipal Code is hereby amended in its entirety to read as follows:

Sec. 2-39. - Salaries—Generally.

As allowed in Government Code § 36516, each member of the council shall receive as salary the sum of $2,211 per month and in addition to this sum the mayor shall receive an additional $2,198 per month in accordance with Government Code § 36516.1, which shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city.”

Section 3. CEQA. The City Council determines that this code ame ndment is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) sections 15060(c)(3) and 15061(b)(3). Pursuant to State CEQA Guidelines section 15060 (c)(3) and Section 3.01(f) of the City of Fontana 2018 Local Guidelines for Implementing the California Environmental Quality Act, the proposed regulations do not constitute a project under CEQA and have no potential to result in a direct or reasonably foreseeable indirect physical change in the environment.

Section 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.

Section 5 . Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The people of the City of Fontana hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 6. Effective Date. This Ordinance shall be e ffective thirty days following its adoption. The increased salaries for the Mayor and members of the City Council shall be provided immediately following the seating of one or more members of City Council at the next municipal election following the effective date of this Ordinance.

51 Ordinance No. 1979

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

APPROVED AND ADOPTED this 13th day of January 2026.

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 9th day of December 2025, and was finally passed and adopted not less than five days thereafter on the 13th day of January 2026, 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

52 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0731 Agenda Date: 1/13/2026
Agenda #: F. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption Ordinance No. 1980 (Second Reading), Adding Article IX of Chapter 23 of the Fontana Municipal Code Regarding Prevention of Pollutants into Storm Drains.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1980 (Second Reading), Adding Article IX of Chapter 23 of the Fontana Municipal Code Regarding Prevention of Pollutants into Storm Drains.
..End
COUCIL GOALS:
· To promote the City’s existing infrastructure.
· To operate in a business-like manner.
· To preserve the local environment for generations to come.

DISCUSSION:

Ordinance No. 1980 was introduced by a vote of 5-0 at the December 9, 2025, Regular City Council Meeting.

FISCAL IMPACT:

Revisions to Article IX of Chapter 23 of the Fontana Municipal Code regarding prevention of pollutants into storm drains will allow the City to impose the stormwater-related fees and penalties adopted in Resolution 25-0415: Adopting Updated and New User Fees for City Services.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 1/8/2026Page 1 of 1
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53 ORDINANCE NO. 1980

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, ADDING ARTICLE IX OF CHAPTER 23 OF THE

FONTANA MUNICIPAL CODE REGARDING PREVENTION OF
POLLUTANTS INTO STORM DRAINS.

WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City of Fontana (“City”) to make and enforce within its limits all ordinances and regulations not in conflict with general laws; and
WHEREAS, the City owns and operates a municipal separate storm sewer system (MS4) that collects and transports stormwater flows through the City; WHEREAS, the City’s ownership and operation of the MS4 is regulated under various laws and permits, including but not limited to the Federal Water Pollution Control Act (“CWA”), the Porter -Cologne Water Quality Control Act, and Santa Ana Regional Water Quality Control Board Order No. R8-2010-0036, NPDES No. CAS618036; WHEREAS, the Fontana Municipal Code (“FMC”) addresses requirements for uses of the city’s storm drain system in Article IX of Chapter 23; and WHEREAS, the City Council now desires to amend FMC Chapter 23, Article IX, to include requirements on new development and significant redevelopment and other prohibitions and limitations required by the regulations cited above; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Findings. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct.

Section 2. CEQA. The City Council further finds that, under Public Resources Code section 21065, adoption of this Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) and, alternatively, adoption of the Ordinance is exempt from CEQA under CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) section 15061(b)(3), under the general rule that CEQA applies only to projects that have the potential for causing significant effect on the environment. Where is can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Section 3. Chapter 23, Article IX . Article IX in Chapter 23 of the Fontana Municipal Code is hereby deleted and replaced, as set forth in Exhibit “A” attached hereto and incorporated herein.

54 Ordinance No. 1980

Section 4. Location and Custodian of Records . The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Fontana City Hall, 8353 Sierra Avenue, Fontana, California 92335. The City Clerk is the custodian of the record of proceedings.

Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fontana hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact t hat any or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional.

Section 6. Effective Date. This Ordinance shall take effect and be in full force 30 days from and after its passage. The City Clerk shall certify to t he adoption of this Ordinance and cause the same to be posted in at least three public places within the City, and published once in San Bernardino County Register, a newspaper of general circulation in the City, within 15 days after its passage.

APPROVED AND ADOPTED this 13th day of January 2026.

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 9th day of December 2025, and was finally passed and adopted not less than five days thereafter on the 13th day of January 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
City Clerk of the City of Fontana

_______________________________
Mayor of the City of Fontana
55 Ordinance No. 1980

ATTEST:

_______________________________
City Clerk
56 EXHIBIT A
57 Ordinance No. 1980

ARTICLE IX. - PREVENTING DISCHARGE OF POLLUTANTS INTO STORM DRAINS DIVISION 1 - GENERALLY
Sec. 23-507. - Purpose.

This article sets forth uniform requirements for all uses of the City's MS4.

The purpose of this article is to protect and enhance the water quality of watercourses, water bodies, ground water and wetlands in a manner consistent with federal, state and local laws and regulations, and to implement the requirements of the City's NPDES permit.
(Ord. No. 1442, § 2, 3-2-04
Sec. 23- 508. – Definitions.

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, source control, any on-sight or off-site treatment control measures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Biochemical oxygen demand or BOD is the measurement of the dissolved oxygen used by microorganisms in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees Celsius, usually expressed as a concentration (e.g. mg/L).

Building Official means the Building Official of the City of Fontana or the Building Official’s designee.

Chemical oxygen demand or COD is an indicative measure of the amount of oxygen that can be consumed by reactions in a measured solution.

City Engineer means that person designated as the City Engineer of the City of Fontana or the City Engineer’s designee.

City’s NPDES permit means that permit issued to the City as co-permittee by the Regional Water Quality Control Board, Santa Ana region, pursuant to the Federal Clean Water Act and California’s Porter-Cologne Water Quality Control Act, as that permit currently exists or may hereafter be amended.

Construction activity includes, but is not limited to: clearing, grading, demolition, excavation, construction of new structures, any new development, significant redevelopment, other project for which a building, grading or other local permit or approval is required, and reconstruction of existing facilities involving removal and replacement that results in soil disturbance. The term construction activity includes, but is not limited to, all projects that require a construction activity storm water permit. 58 Ordinance No. 1980

Construction discharger means any person who contributes to, causes or permits any materials associated with construction activities to be discharged into the storm drain system.

Discharger means any person who causes or contributes a discharge into the storm drain system.

Illegal discharge means any discharge into the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations, including, without limitation, any discharge that causes, has the potential of causing or contributes to a violation of the City's NPDES permit. The term illegal discharge includes all non- storm water discharges except discharges made pursuant to an NPDES permit, discharges that fall within the discharge exceptions identified in section 23-511 of this chapter or discharges authorized by the executive officer of the Regional Water Quality Control Board, Santa Ana region.

Illicit connection means any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm water drainage system or any connection to the storm drain system that is not authorized by a NPDES permit or in writing by the City Engineer.

Industrial activity means any activity associated with an industrial development. The term industrial activity includes, but is not limited to, those activities for which an industrial activity storm water permit is required.

Industrial discharger means any person who contributes to, causes or permits any materials associated with industrial activities to be discharged into the storm drain system. Households and private residences shall not be considered industrial dischargers.

Local Implementation Plan or LIP means a requirement by the MS4 Permit and describes how the City of Fontana will implement the requirements of the MS4 permit within its own jurisdiction. Low Impact Development or LID means systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, use, or any combination thereof of storm water in order to protect water quality and associated aquatic habitat.

Maximum Extent Practicable or MEP means management practices, control techniques, and system design and engineering methods for the control of pollutants taking into account considerations of synergistic, additive, and competing factors, including, but not limited to pollutant removal effectiveness, regulatory compliance, gravity of the problem, public acceptance, social benefits, cost and technological feasibility.

Memorandum of Agreement or MOA means that formal business document signed between the owner(s) and the City of Fontana outlining the responsibilities and roles of each party relating to Water Quality Management Plan and Storm Water BMP 59 Ordinance No. 1980

Transfer, Access and Maintenance that has been approved by and is available from the City’s Engineering Department.

Municipal Separate Storm Sewer System or MS4 or storm drain system means the City’s separate storm sewer system. The MS4 is a system of conveyances (including, but not limited to roads with drainage systems, municipals streets, catch basins, curbs, gutter, ditches, natural drainage features or channels, modified natural channels, man- made channels, or storm drains) designated or used for collecting or conveying storm water. This definition of storm drain system shall not be construed as affecting in any way the City's ownership, use or control of property for municipal liability purposes.

National pollutant discharge elimination system permit or NPDES permit means those permits issued by the State Water Resources Control Board or the Regional Water Quality Control Board, Santa Ana Region pursuant to the Federal Clean Water Act, including but not limited to the CGP and the IGP.

New development means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

Notice of Intent or NOI means an application for coverage under the general storm water permits.

Non-storm water means any liquid, water or other agent which contains pollutants.

Non-storm water consists of all discharges to and from a storm water conveyance system that do not originate from precipitation events (i.e., all discharges from storm water). Non-storm water includes illegal discharges, non-prohibited discharges, and NPDES permitted discharges.

Operating Procedures means Standard Operations Procedures with references to applicable Statewide NPDES General Permits.

Person means an individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalents per liter of solution.

Pollutant means any agent that may cause, contribute to or increase the degradation of the water quality of the waters of the United States, including but not limited to dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, 60 Ordinance No. 1980

cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Public Works Director means that person designated as the Director of the City of Fontana Public Works Department or their designee.

Significant redevelopment means the addition or creation of 5,000 or more square feet of impervious surface on an already developed site. This includes, but is not limited to, additional buildings and/or structures, extension of an existing footprint of a building and construction of parking lots.

Statewide Construction General Permit or CGP mean that permit issues by the State Water Resources Control Board for the construction activities, specifically the general permit for discharges of storm water associated with construction activity, as that permit currently exists or my hereafter be amended.

Statewide Industrial General Permit or IGP means that permit issued by the state water resources control board for industrial activities, specifically the industrial storm water general permit, as that permit currently exists or may hereafter be amended.

Storm water means urban runoff and snowmelt runoff consisting only of those discharges which originate from precipitation events. Storm water is that portion of precipitation that flows across a surface to the storm drain system or receiving waters.

Total suspended solids or TSS means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

Water Quality Management Plan or WQMP means a plan required of new development/redevelopment projects specified in this chapter, outlining appropriate non-structural and structural BMPs, including storm water infiltration and treatment devices, that will be implemented and installed to prevent pollutants from being discharged into the City’s municipal separate storm sewer system, during and after construction.

Waters of the United States means those waters that are more particularly described in 40 CFR section 120.2.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-509. – Authority; duties of Public Works Director.

The Public Works Director shall have the power and duty to administer, implement and enforce the provisions of this article and all rules and regulations concerning the storm drain system. The Public Works Director shall monitor the maintenance and operation of the BMPs and insure that necessary repairs are made thereto. (Ord. No. 1442, § 2, 3-2-04)
Sec. 23- 510. - Prohibited discharges.

No person shall:
61 (1) Cause, allow, contribute to or facilitate an illegal discharge into the MS4. (2) Establish, use or maintain any illicit connection, as more fully described in section 23-512.
(3) Cause, permit or authorize any agent, employee or independent contractor to cause, allow, contribute to or facilitate an illegal discharge or establish, use or maintain any illicit connection to the MS4.
(4) Throw, deposit, abandon, maintain, or dispose of any refuse, rubbish, garbage, or other pollutants or wastes that may cause water quality concerns in or upon any street, alley, sidewalk, storm drain, catch basin, or other drainage structure, or upon any public or private piece of property, unless permitted by waste discharge requirements or waiver by the Regional Water Quality Control Board, Santa Ana region.
(5) Discharge or cause to be discharged into any fountain, lake, stream or any other body of water in the City any refuse, rubbish, garbage or other pollutant. (6) Cause, allow, contribute to or facilitate a violation of the City's NPDES permit, including, but not limited to, discharges into the MS4 causing, threatening to cause, or contributing to a condition of pollution, contamination, or nuisance as that term is defined in section 13050 of the California Water Code. (7) Fail or refuse to implement any BMPs when directed to do so by the Public Works Director.
(8) In addition to the prohibitions in subsections (1) through (7) above, discharge any of the following into the MS4:
(A) Sewage;
(B) Wash water resulting from hosing or cleaning, of gas stations, auto repair garages and other types of automobile service station;
(C) Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery or facility, including motor vehicles, concrete mixing equipment, portable toilet servicing, or similar activities. (D) Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet or upholstery cleaning, pool cleaning and other such mobile commercial or industrial activities;
(E) Water from cleaning of municipal, industrial, and commercial sites, including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas and similar activities; (F) Runoff from material storage areas or uncovered receptacles that contain chemicals, fuels, grease, oil or other hazardous materials or substances that pose a threat to human health or the environment due to their toxicity, corrosiveness, ignitability, explosive nature or chemical reactivity; (G) Discharges of runoff from washing toxic materials from paved or unpaved areas;
62 (H) Discharges of pool fountain water containing chlorine, biocides or other chemicals; pool filter backwash containing debris or chlorine; (I) Pet waste, yard waste, litter, debris, sediment or similar wastes; (J) Restaurant or food processing facility wastes such as grease, floor mat and trash bin wash water, food waste or similar wastes.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-511. - Discharge exceptions.

The following discharges shall be conditionally exempt from the definition of illegal discharge, unless the Regional Water Quality Control Board, State Water Resources Control Board, Public Works Director determines the discharge causes or contributes to violations of water quality standards set by the Regional Water Quality Control Board, Santa Ana region or State Water Resources Control Board or the discharge significantly contributes to the pollution of waters of the United States:
(1) Discharges composed entirely of storm water.
(2) Discharges covered under a separate NPDES permit or written clearances issued by the State Water Resources Control Board or the Regional Water Quality Control Board, Santa Ana region.
(3) Discharges from potable water line flushing or other potable water sources.

Line flushing may only occur when proper BMPs are implemented to ensure pollutants of concern do not enter the storm drain.
(4) Discharges associated with air conditioning condensate. (5) Discharges associated with landscape irrigation, lawn garden watering, and other irrigation waters as long as the landscaping and irrigation complies with Chapter 28 Article IV.
(6) Discharges from passive foundation drains, only if the source water drained from the foundation is storm water or uncontaminated ground water. (7) Discharges from passive footing drains, if the water is uncontained. (8) Discharges of water from crawl space pumps, if the water is uncontaminated. (9) Discharges of de-chlorinated water from swimming pools, except that cleaning wastewater and filter backwash shall not be discharged into the MS4. (10) Discharges from non-commercial vehicle washing, such as residential car washing (excluding engine degreasing) and car washing for fundraisers by a bona-fide 501 non-profit organization.
(11) Discharges from diverted stream flows.
(12) Discharges associated with rising ground waters and natural springs, if the groundwater is uncontaminated.
(13) Discharges associated with uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater. 63 (14) Discharges associated with flows from riparian habitats and wetlands. (15) Discharges associated with emergency fire fighting flows. Flows necessary for the protection of life and property do not require BMPs. However, appropriate BMPs to reduce the discharge of pollutants must be implemented to the maximum extent practicable when they do not interfere with health and safety issues.

If the City or any other federal, state or county governmental entity determines that any of the discharges listed above cause or contribute to violations of water quality standards or are significant contributors of pollutants to waters of the United States or water of the State, the City may adopt regulations prohibiting such discharges from entering the storm drain system, authorize the discharge category and ensure that source control BMPs and treatment control are implemented to reduce or eliminate pollutants from the discharge, or require coverage under a separate permit for discharge into the MS4 authorized by the Regional Water Quality Control Board, Santa Ana region or State Water Resources Control Board.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23- 512. - Illicit connections to the storm drain system.

No person shall establish, use or maintain any illicit connection to the storm drain system. This prohibition shall apply retroactively regardless of whether the connection to the storm drain system was permissible under the law or practices applicable at the time of the connection.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-513. - Alterations to the storm drain system.

No person shall, without prior written approval of the Public Works Director:
(1) Construct or modify or cause to be constructed or modified any structure, facility, or items which may interfere with the normal operations of the storm drain system.
(2) Alter the capacity, fall, or structural integrity of a storm drain, storm channel, or any portion of the storm drain system.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23- 514. - Prevention of illegal discharges; BMPs.

All users of the storm drain system shall implement such BMPs as are necessary to prevent illegal discharges.

All industrial and construction discharges shall establish operating procedures to protect against discharges of pollutants into the storm drain system. The operating procedures shall be available to the Public Works Director if the Public Works Director finds it is necessary.
64 (Ord. No. 1442, § 2, 3-2-04)
Sec. 23-515. - Compliance with best management practices (BMPs).

Any person undertaking any activity or operation in the City that could potentially cause or contribute to storm water pollution or a discharge of non-storm water to the City’s MS4 shall comply with all applicable best management practices (BMPs) as listed in the current version of the California Storm Water Quality Association’s Best Management Practices Handbooks for the relevant activity or the current county storm water program’s “Report of Waste Discharge,” to reduce pollutants in storm water runoff and reduce non-storm water discharges to the City’s MS4 to the maximum extent practicable or to the extent required by law.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-516. - Containing spills.

The Public Works Director shall establish regulations to control and contain spills of hazardous or toxic substances which could pollute the storm drain system if not contained. Each industrial discharger shall install a spill containment system to conform to the requirements established by the Public Works Director. No person shall operate a spill containment system that allows incompatible liquids to mix and create hazardous or toxic substances. Spill containment systems shall consist of a system of dikes, walls, barriers, berms, secondary vessels, or other devices designed to contain spillage of the liquid contents of containers. Spill containment systems shall be constructed of impermeable and non-reactive materials to the liquids contained. Spill containment systems shall conform to local regulations and policies as to percent containment and container size and type.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-517. - Notification of accidental discharge.

Any person who causes, participates in or has knowledge of a spill of any type of material that may lead to an illegal discharge shall report the spill to the Public Works Director by phone, email or facsimile within twenty-four (24) hours of the spill.

Within five (5) working days following a spill which results in an illegal discharge, the person responsible for the spill shall submit a written report to the Public Works Director. The report shall describe in detail the type and volume of the material spilled, the cause of the spill, clean-up actions taken, and measures to be taken to prevent future accidental spills.

All industrial, commercial, and construction discharges shall post a notice at their place of business advising their employees to contact the City and applicable federal and state offices in the event of an accidental spill of any type of material that may lead to an illegal discharge.
(Ord. No. 1442, § 2, 3-2-04)
65 Sec. 23-518. - Regulation of construction and industrial dischargers. (a) Construction dischargers, including discharges from new development and significant redevelopment. Any person causing or responsible for a construction activity, including a new development or significant redevelopment project, shall do all of the following:
(1) Comply with the CGP and file with the appropriate agency a notice of intent to be covered by that permit, if applicable. This includes development and implementation of a storm water pollution prevention plan (SWPPP) and Erosion and Sediment Control Plan (ESCP).
(2) Provide the Building Official with a copy of the waste discharge identification number issued as evidence of coverage under the Statewide Construction General Permit, if applicable.
(3) Apply for, obtain and comply with all building, grading and other local permits required for the construction activity.
(4) Implement any BMPs necessary to prevent illegal discharges, any BMPs that are conditions of any building, grading or other local permit and any BMPs imposed by the Building Official.
(5) Document and maintain records on the effectiveness of such BMPs implemented to reduce the discharge of pollutants.
(6) Prepare and implement a City approved WQMP or equivalent as required by the City in accordance with this article.
(7) Refrain from violating or causing a violation of the City's NPDES permit. (8) Penalties. Construction dischargers who fail to comply with the provisions of their NPDES permit or this Chapter including, but not limited to, those provisions prohibiting unauthorized discharges; requiring installation and maintenance of BMPs; and/or having, maintaining, and complying with the SWPPP and ESCP may be subject to additional penalties that shall be adopted by resolution and subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.
(b) Industrial and commercial dischargers. Any person causing or responsible for commercial and industrial discharge shall do all of the following:
(1) Comply with the IGP and file with the appropriate agency a notice of intent to be covered by that permit, if the discharger operates facilities described in 40 CFR 122.26(b)(14)(i)-(xi). This includes development and implementation of a storm water pollution prevention plan.
(2) Provide the Public Works Director with a copy of the waste discharge identification number issued as evidence of coverage under the industrial activity storm water permit, if applicable.
(3) Apply for, obtain and comply with all building, grading and other local permits required for the industrial development.
66 (4) Implement any BMPs necessary to prevent illegal discharges, any BMPs that are conditions of any building, grading or other local permit and any BMPs imposed by the Building Official.
(5) Document and maintain records on the effectiveness of such BMPs implemented to reduce the discharge of pollutants
(6) Prepare or implement a WQMP or equivalent as required by the City in accordance with this article.
(7) Refrain from violating or causing a violation of the City's NPDES permit. (8) Penalties. Industrial uses who fail to comply with the provisions of their NPDES permit or this Chapter including, but not limited to, those provisions prohibiting unauthorized discharges and illicit connections, operating without an NPDES Permit, and/or complying with the SB 205 Business Licenses Stormwater Discharge Compliance Form may be subject to additional penalties that shall be adopted by resolution and subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.

(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-519. - Compliance with federal, state, and local regulations.

No person may engage in construction or industrial activities within the City which create non-storm water discharges regulated by the EPA, the State Water Resources Control Board and/or the Regional Water Quality Control Board, Santa Ana region and/or this article, unless that person conducts his or her activities pursuant to the rules and regulations set forth in Title 40, Parts 122, 123 and 124 of the Code of Federal Regulations.

(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-520. - Evidence of compliance.

No person shall engage in any construction or industrial activity, unless such person obtains all permits required by federal, state, county or City regulations and provides evidence to the Public Works Director that he or she has taken measures to control illegal discharges and has obtained all necessary permits. (Ord. No. 1442, § 2, 3-2-04)
Sec. 23-521. - Falsifying information.

No person shall:
(1) Knowingly make any false statement or representations to the Public Works Director.
67 (2) File any false record report, plan, or other document with the City to avoid compliance with this chapter.
(3) Any person who falsifies, tampers with or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter and shall be guilty of a misdemeanor.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-522. - Damage to monitoring equipment and storm drain system.

No person shall break, damage, deface, destroy or tamper with monitoring equipment used to ensure compliance with this article. No person shall damage or interfere with the storm drain system. Any person who damages the storm drain system or monitoring equipment shall be liable to the City for all damages, including fines and penalties, and administrative costs related thereto.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-523. - Removal of potential pollutants.

The Public Works Director may order a property or business owner to remove any materials, pollutants or substances on his or her property or business which may lead to an illegal discharge or otherwise cause water quality concerns.

Sec. 23-524. Reserved.

Sec. 23-525. Reserved.

Sec. 23-526. Reserved.

Sec. 23-527. Reserved.

Sec. 23-528. Reserved.

Sec. 23-529. Reserved.

Sec. 23-530. Reserved.

Sec. 23-531. Reserved.

Sec. 23-532. Reserved.

Sec. 23-533. Reserved.

Sec. 23-534. Reserved.

Sec. 23-535. Reserved.

Sec. 23-536. Reserved.
68 (Ord. No. 1442, § 2, 3-2-04)
DIVISION 2 – NEW DEVELOPMENT AND SIGNIFICANT REDEVELOPMENT Sec. 23-537. – Water Quality Management Plan; compliance and implementation.

The City Engineer shall have the authority to require the preparation and implementation of a WQMP for any development, redevelopment, utility, or road improvement project within the City limits.
(a) Prior to application submittal for plans examination, grading per mit, building permit, or entitlement, a WQMP shall be prepared and submitted to the authorized City representative for all priority projects subject to this requirement under the applicable MS4 permit. The WQMP submittal requirement applies to construction projects covered by the Construction General Permit as well as construction projects with land disturbance of less than one acre. Qualifying development/redevelopment projects include:
(1) All significant redevelopment projects - defined as the addition or replacement of 5,000 or more square feet of impervious surface on an already developed site subject to the discretionary approval of the City.

Significant redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previously existing developed site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria discussed in Section 4 of the of the San Bernardino County Stormwater Program Technical Guidance Document for Water Quality Management Plans, effective September 19, 2013, (WQMP Technical Guidance Document) and any amendments to that WQMP Technical Guidance Document shall apply only to the addition or replacement, and not to the entire developed site. Where redevelopment results in an increase of 50 percent or more of the impervious surfaces of a previously existing developed site, the numeric sizing criteria discussed in Section 4 of the current version of the WQMP Technical Guidance Document shall apply to the entire developed site. (2) All new development projects that create 10,000 square feet or more of impervious surface (collectively over the entire development project site), including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multifamily attached subdivisions or townhomes, condominiums, apartments, etc.), mixed- use, and public projects. New development projects include projects on public and private land that fall under the planning and building authority of the permitting jurisdiction.
69 (3) New development or significant redevelopment of automotive repair shops (with SIC Codes 5013, 5014, 5541, 7532-7534, 7536-7539) where the project creates, adds and/or replaces 5,000 square feet or more of impervious surface.
(4) New development or significant redevelopment of eating places (with SIC Code 5812) where the land area of project is 5,000 square feet or more.
(5) All hillside developments of 5,000 square feet or more that are located on areas with known erosive soil conditions or where the natural slope is 25 percent or more.
(6) Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 feet) or discharging directly into Environmentally Sensitive Areas or water bodies listed on the Clean Water Act, section 303(d) list of impaired waters.
(7) Parking lots of 5,000 square feet or more of impervious surfaces exposed to storm water. The term “parking lot” is defined as land area or facility for the temporary parking or storage of motor vehicles. (8) New development or significant redevelopment of retail gasoline outlets that are either 5,000 square feet or more or have a projected average daily traffic of 100 or more vehicles per day.
(9) Non-priority/non-category projects may be required by the City to implement applicable site design LID and LIP requirements. (b) Preliminary project -specific WQMPs shall be submitted as early as possible during the environmental review or planning phase (land use entitlement).

The final project -specific must be consistent with the preliminary project - specific WQMP. The City may require additional information and submittals for final approval.
(c) The WQMP shall be prepared in conformance with the WQMP Technical Guidance Document, or its successor, and template documents and other related guidance documents.
(d) The WQMP shall incorporate and implement site design, source control and/or treatment control BMPs to minimize runoff, increase onsite infiltration, and improve water quality as necessary to meet current MS4 Permit requirements. The WQMP must prioritize the use o f LID treatment control measures and explain why LID treatment control measures cannot be used in order to propose another BMPs. The WQMP shall identify all BMPs that will be incorporated into the project to control post -construction storm water and non -storm water quality and quantity and shall be revised as necessary during the life of the project.
70 (1) The owner(s) shall demonstrate that the proposed structural BMPs will infiltrate, and/or adequately treat, the projected storm water and urban runoff for the development project using the design standards for structural BMPs as specified in the applicable MS4 permit. (2) All WQMPs shall include a maintenance schedule for all source control and treatment control BMPs, the owner(s) signed statement of responsibility for continued BMP maintenance, and a plan for continued maintenance responsibilities which must include signing a MOA as described in Sec 23-539.
(e) No Certificate of Occupancy shall be issued for a
development/redevelopment project without ensuring that all treatment control BMPs have been constructed as specified in the approved WQMP and will be maintained in compliance with the requirements of the m unicipal NPDES permit.
(f) Owner(s) shall submit and have approved an application to amend an approved WQMP prior to altering any BMP design, size, material, manufacturer, or specification. If a BMP is altered without approval, owner(s) shall restore the BMPs back to the original specifications in the approved WQMP. Altering a BMP without prior approval may result in enforcement actions.
(g) The City may, at its discretion, require updates and amendments to a previously approved WQMP when conditions warr ant, up to and including:
change or alteration in use of property, change or alteration of pollutant loads, inadequate pollutant removal BMPs, or any other circumstance where it can be established that current site conditions do not comply with the provisions of this chapter.
(h) Establishment of a Regulatory Fee. The City Council may establish a regulatory fee by Resolution and may from time to time adjust the fee by Resolution to recover the reasonable cost of permit issuance, administration, inspections , sampling, metering, and monitoring by the City Engineer. Such fee shall cover, but not exceed, the full cost of permit issuance, administration, inspections, sampling, metering, and monitoring and shall be allocated in a manner that bears a fair and reas onable relationship to the activities of the fee payers that are relative to the need for the WQMP.
(i) Compliance with the conditions and requirements of a WQMP shall not exempt any person from the requirement to independently comply with each provision of this article.

71 Sec. 23-538. – Installation of Structural source control and treatment control BMPs In general, treatment control measures must be located within the new development or significant development project except as specified by the City’s NPDES Permit. If the City approves treatment control measures outside the new development or significant redevelopment project, ownership of the treatment control measures will follow ownership of the new development or significant redevelopment project as described in 23-540.

Sec. 23-539. - Memorandum of agreement (MOA).

The owner(s) of any parcel subject to the development of a WQMP or any other residential tracts with structural source control or treatment control BMPs shall enter into a legally enforceable agreement with City, which, in consideration of project approval and/or connection to the storm drain system, the owner(s) agree to maintain post- construction source control, treatment control BMPs and other related features. A standard agreement form, or Memorandum of Agreement, has been approved by and is available from the City’s Engineering Department. The MOA shall be executed by the owner(s) and shall be recorded with the County of San Bernardino’s Assessor-Recorder- City Clerk.
(a) The MOA agreement shall require the owner(s) to maintain, repair, and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. The MOA agreement shall require the owner(s) to identify, fund, and continue to fund an available source of funding for the maintenance In addition, it shall gr ant to the City a right of entry in the event that the City Engineer if the City Engineer has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the BMP; however, in no case shall the right of entry, of itself, confer an obligation on the City to assume responsibility for the BMP.
(b) The MOA shall be binding on all current and subsequent owners of the site, portions of the site, and/or lots or parcels served by the BMP. Until such time that the transference of all property, sites, or lots served by the BMP is completed per section 23 -542, the owner(s) listed in the recorded MOA shall have primary responsibility for carrying out the provisions of the agreement. Owner(s) shall provide notice of the transfer, sale, or deed of all property, sites, or lots served by the BMP to the City’s Engineering Department.
(c) The MOA shall require the Owner(s) to comply with the recordkeeping requirements articulated in 23-543.

72 Sec. 23-540. - Ownership of parcels subject to BMP maintenance requirements.

Owner(s) of a parcel or parcels subject to a requirement for maintenance of structural BMP features, shall:
(1) Assume responsibility for maintenance and operation of any existing structural BMP feature to at least the MEP standard;
(2) Conduct BMP maintenance and inspections as required in the approved WQMP;
(3) Ensure that all structural BMP features are inspected at the frequency set forth in the approved WQMP, and retain proof of such inspections for a minimum of three years;
(4) Replace any degraded structural BMP feature with new control measures, or BMP features, meeting the then current standards of the City; and (5) Shall not be free of liability and shall not be precluded from maintenance, operation, repair, or replacement of BMPs should they not possess knowledge that structural BMP features exist.

Sec. 23-541. - Transfer of ownership of parcels subject to BMP maintenance requirements.

The transfer, sale, or deed of a parcel or parcels subject to a requirement for maintenance of structural BMP features, shall include conditions requiring a transferee, and a transferee’s successors and assigns, to:
(1) Assume responsibility for maintenance and operation of any existing structural BMP feature to at least the MEP standard;
(2) Conduct BMP maintenance and inspections as required in the approved WQMP;
(3) Ensure that all structural BMP features are inspected at the frequency set forth in the approved WQMP and/or MOA, and retain proof of such inspections for at least three years;
(4) Replace any degraded structural BMP feature with new control measures, or BMP features, meeting the then current standards of the City; (5) For conditions, covenants, and restrictions for properties which include structural BMP features that are to be maintained by a property or homeowner’s association, such conditions, covenants and restrictions shall provide for maintenance of the BMP features by the association; 73 (6) Any deed transferring title to said property shall include a reference to owner(s) agreement with the City under Section 23-539, which is applicable to owner(s) successors and assigns, and the BMP features that are to be maintained by the successor owner; and
(7) If property, on which structural BMP features are located, is to be dedicated to a governmental agency, the transferor shall remain responsible for the BMP features until the agency provides a signed assumption of responsibility and confirmation that structural BMP features meet agency design standards.

Sec. 23-542. – Records.
(a) Owner(s) shall maintain a copy of the approved WQMP readily accessible at each address associated with WQMP. Owner(s) shall maintain a copy of the approved WQMP readily accessible on themselves if Owner(s) maintains an office at an address different from the project WQMP.
(b) Owner(s) of each structural BMP shall keep records of inspections, maintenance, and repairs for a minimum of three years from the date of creation of the record and shall submit the same upon request of the Building Official, City Engineer or Public Works Director.

Secs. 23-543. – WQMP Fees and Penalties.
(a) If the Public Works Director has required a WQMP, the Public Works Director may also require a WQMP inspection fee.

(b) If the Public Works Director has required a WQMP and determines that the WQMP has not complied with, the Public Works Director may also require a WQMP non-compliance re-inspection fee.

(c) The Public Works Director may levy penalties for failure to comply with the provisions of this Division including, but not limited to, those provisions requiring WQMP structural equipment and BMP installation and maintenance.

(d) All penalties and fees in this section shall be adopted by resolution and subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.

Sec. 23-544. Reserved.

Sec. 23-545. Reserved.

Sec. 23-546. Reserved.

Sec. 23-547. Reserved.
74 Sec. 23-548. Reserved.

Sec. 23-549. Reserved.

DIVISION 3. – ENFORCEMENT
Sec. 23-550. - Inspection and repair; authority to enter. (a) The Public Works Director may inspect the premises of any person, business, discharger, or entity subject to the provisions of this article. The Public Works Director may:
(1) Conduct industrial and commercial inspections, sample waters and discharges, monitor construction activity, and other activities to determine compliance with the provisions of this article.
(2) Review records, reports, test results, or other information required to determine compliance with the provisions of this article and permits. (3) Inspect any wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. (4) Inspect the premises of any person, business, discharger, or entity for which a WQMP has been prepared to determine whether the BMPs associated with the project WQMP are being installed, implemented, maintained, and continue to function as designed. Owner(s) shall maintain on-site, at all times, the necessary tools and personnel to access each BMP. (5) Take any other action necessary to determine compliance with the provisions of this article.
(b) Inspections may be conducted as routine inspections, re-inspections, random inspections, inspections based upon complaints or other notice of possible violations, and joint inspections with other agencies inspecting under environmental or safety laws. Inspection fees may be assessed for routine inspections and re-inspections. The inspection fees shall be adopted by resolution and shall be subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.
(c) All dischargers shall allow the Public Works Director ready access at all reasonable times to all parts of their premises for the purpose of making inspections, sampling discharges, examining and copying of records, taking of photographs and video, and carrying out their duties as set forth in this article.

Where a discharger has security measures in force which would require proper identification and clearance before entry into the discharger's premises, the discharger shall make necessary arrangements with its staff so that, upon presentation of suitable identification, the Public Works Director will be permitted to enter, without delay, for the purpose of performing inspection and sampling. 75 No person shall obstruct, hamper, or interfere with the Public Works Director while carrying out his or her official duties. Unreasonable delays in allowing the Public Works Director access to the discharger’s premises shall be a violation of this article.
(d) If the Public Works Director has reasonable cause to believe that non-storm water discharge conditions on or emanating from certain premises are hazardous, unsafe, or dangerous and require immediate inspection to safeguard the public health or safety, the Public Works Director shall have the right to immediately enter and inspect the property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied and whether or not formal permission to inspect has been obtained. (e) The Public Works Director shall exercise their rights under this article in a manner consistent with the applicable law, and no inspections or other actions are authorized under this section if such action would violate the rights of the person which is the subject of the action.
(f) Such inspection may include the necessity to photograph or videotape any applicable chemicals, materials, wastes, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. (g) If the Public Works Director has reasonable cause to believe that an illicit discharge non-storm water discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard public health or safety, the Public Works Director shall have the right to immediately enter, inspect, and repair said property and may use any reasonable means required to effect such entry and make such inspection, regardless if said property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained. In the case that the City performs emergency repairs, the City may issue an invoice for costs. An invoice for costs is immediately due and payable to the City for the actual costs incurred by the City. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with Section 23-20, then the enforcing attorney may institute collection proceedings.

Sec. 23-551. – Enforcement; generally.
(a) The City may take any enforcement action or combination of enforcement actions provided in this article against any person who violates or threatens to violate any provision of this chapter. The remedies in this article are cumulative to any remedies provided in this Code or available under any applicable law and not exclusive.
(b) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), operates, or maintains or who fails to erect, construct, reconstruct, alter, repair, operate, or maintain any structure, 76 facility, improvement, BMP, practice, or condition in violation of this chapter; as well as any person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this chapter or fails to take appropriate action so that a violation of this chapter results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. For the purposes of this chapter, responsible persons/entities shall include but not be limited to:
(1) Any person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter or fails to take appropriate action so that a violation of this chapter results or persists. (2) The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for storm water BMPs pursuant to a private agreement or public document, or any person who has control over, or responsibility for, the use, development, or redevelopment of the property.
(3) Any owner, person, tenant or occupant of land on which the violation occurs, and who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter or fails to take appropriate action so that a violation of this chapter results or persists, regardless if the owner, person, tenant or occupant possessed knowledge of provision of this chapter, permit requirement, or approved WQMP, its implementation or maintenance requirements.
(c) Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this chapter or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this chapter is unlawful and shall constitute a violation of this chapter. (d) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.
(e) Recovery of costs. If any discharger fails to comply with any provision of this chapter, meet the requirements of any permit or WQMP and additional inspections are, therefore, required, such dischargers shall be liable for the cost of additional inspection and any improvements, repairs, modifications, or maintenance necessary. These costs may be recovered through additional inspection fees to cover permit inspection and administration expenses. (f) In addition to any other remedies provided by this Code or available to the City under applicable law, the City may enforce violations of this chapter through the administrative, civil or criminal procedures described herein. 77 (g) In any action to enforce this chapter, the burden is on the person who is the subject of such action to establish that a discharge was within the scope of a non-prohibited discharge.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-552. – Administrative Enforcement
(a) The Public Works Director in accordance with the provisions of Article XI of Chapter 2 of this Code is authorized to enforce violations of this chapter through the means set forth in Article I of Chapter 23 of this Code. (b) NOC. Whenever the Public Works Director finds that any person threatens to violate or has already violated any prohibition, limitation, or requirement contained in this chapter, any sewer, any NPDES permit, City permit, or the basin plan, the City may serve upon such person a written notice of correction stating the nature of the violation, the penalties for continued noncompliance, and the necessary actions that must be implemented to correct the situation. The NOC shall stipulate a time period by which the problem must be corrected. Issuance of an NOC may require a compliance monitoring fee that is subject to an inspection fees adopted by resolution that is subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees. Issuance of a NOC shall not be a bar against, or a prerequisite for, taking any other action against the person. Nothing in this section shall limit the authority of the Public Works Director to take any action, including emergency actions or any other enforcement action.
(c) NOV.
(1) When the Public Works Director finds that any person has failed to comply with a NOC or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES permit, City permit, or the basin plan, the City may serve upon such person a written notice of violation stating the nature of the violation and the penalties for noncompliance. At a minimum, the notice of violation shall require that the person submit to the Public Works Director within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. The time period for submittal shall not exceed more than thirty (30) days. Nothing in this section shall limit the authority of the Public Works Director to take any action, including emergency actions or any other enforcement action. (2) A person shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by the person.
78 (3) Pursuant to Government Code sections 53069.4 and 36900(b), the following violation assessments will apply to the issuance of a notice of violation by Public Works Director:
(A) A first notice of violation may be issued for a first violation of this chapter and may be punishable by a fine of $100.
(B) A second notice of violation shall be issued for a second violation of this chapter within one year and shall be punishable by a fine of $200. (C) A third notice of violation shall be issued for a third violation of this chapter within one year and shall be punishable by a fine of up to $500. (D) Notwithstanding subparagraphs (A) through (C), a violation that causes or threatens to cause harm to persons or the environment may be issued a fine for the first and any following violation of $500 per violation per day. (d) Administrative Compliance Meeting. The Public Works Director may require a IGP discharger to attend a non-compliance meeting with City staff which is intended to assist the discharger with correcting the IGP discharger’s non-compliance. If a non- compliance meeting is required, the City may charge the discharger a fee. (e) Administrative Orders
(1) Stop work order. The Public Works Director or City Engineer may issue an order identifying the provision(s) of this chapter or applicable permit or order that has been violated and directing any or all work or activities causing or contributing to the noted violation to immediately stop. A person ordered to stop any work or activity in accordance with this section must not restart the work or activity until the City has verified that corrective actions have been implemented and authorizes work or activities to resume. A stop work order shall require the discharger to pay a one thousand dollar ($1,000) penalty fee to the City for the issuance thereof.
(2) Administrative compliance order. The Public Works Director may issue an administrative compliance order to any discharger who fails to correct a violation of this chapter, any NPDES permit or the Basin Plan. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The administrative compliance order may include the following terms and requirements:
(A) Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge; (B) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact storm water;
79 (C) Installation of storm water treatment devices, containment structures, wash racks and addition and removal of storm water drains; (D) Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency.

The Public Works Director may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if in his judgement, the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the City's storm drainage system. An administrative compliance order shall require the discharger to pay a one thousand dollar ($1,000) penalty fee to the City for the issuance thereof. (3) Cease and desist order. The Public Works Director may issue a cease and desist order to direct the owner or occupant of any property and/or any other person responsible for a violation of this chapter to:
(A) Immediately discontinue any illicit connection or prohibited discharge to the MS4;
(B) Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; (C) Immediately discontinue any other violation of this chapter; (D) Immediately clean up all areas affected by the violation; and/or (E) Cease and desist with any or all continued work on a project (i.e., a stop work order) until such time as appropriate BMPs are implemented, the prohibited discharge is eliminated, or other appropriate actions are taken to ensure compliance with this chapter.

No cease and desist order is to be stayed, tolled or otherwise put on hold as a result of any administrative or other legal challenge to its terms. A cease and desist order is only to be stayed, tolled or put on hold where required as a result of the administrative review process or by a court of competent jurisdiction. A cease and desist order shall require the discharger to pay a one thousand dollar ($1,000) penalty fee to the City for the issuance thereof. (f) Permit revocation or denial. The Public Works Director may suspend, revoke, or deny a permit, license, or other approval for a development project or deny future permits on the project in accordance with the hearing procedures set forth in Section 23-559. (g) Invoice for costs. The Public Works Director may deliver to the owner or occupant of any property, any permittee and/or any other person who becomes subject to an administrative order, an invoice for costs. An invoice for costs is immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any 80 notice or order, including any costs incurred by the City to prevent, contain and/or clean up any potential or actual discharges to the MS4. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with Section 23-20, then the enforcing attorney may institute collection proceedings.

Sec. 23-553. – Inspection Fees.
(a) Inspection Fees. Industrial users and construction dischargers shall pay the applicable annual inspection fees and if necessary, the non-compliance re-inspection fees. The inspection fees shall be adopted by resolution and may be subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.

(b) Business License Inspection Fees. Business license inspection fees shall be collected on an annual basis for those businesses requiring regular compliance inspections. Affected businesses shall include industrial businesses subject to the IGP and other industrial and commercial sites/sources that the City determines may contribute a significant pollutant load to the MS4. The inspection fees shall be adopted by resolution and shall be subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.

Sec. 23-554 – Compensation for Damages
Any person who damages monitoring equipment, has the potential to affect or affects human health or the environment; discharges pollutants into the City's storm drainage system which causes or has the potential to cause increased maintenance of the system, non-routine inspection or sampling of the system, system blockages or other damage or interference to the MS4; or causes any other damages, including the imposition of fines or penalties on the City by Federal, State or local regulatory agencies, shall be liable to the City, as applicable, for all damages and additional costs, including fines and penalties. An administrative fee, which shall be fixed by the City Manager based on the City's current overhead cost allocation percentage, shall be added to these charges and shall be payable to the City within thirty (30) calendar days of invoicing.

Sec. 23-555. - Public nuisance.
(a) Any violation of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the Public Works Director or City Attorney may commence 81 an action or actions for the abatement thereof, in accordance with the procedures described in Chapter 18 of this Code.
(b) Notwithstanding anything in this chapter to the contrary, the City may take all action necessary to inspect, investigate, assess, remedy or otherwise abate any discharge of a pollutant on or into any public property, including all publicly owned portions of the MS4. (c) The cost of such abatement shall be borne by the owner of the property where the public nuisance occurs. The costs thereof may become a lien upon and against the property, if the costs are not paid and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner, the property may be sold in satisfaction thereof in a like manner provided by law.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-556. - Notices.

Unless otherwise specifically provided, all notices required under this chapter shall be given in writing and served by messenger or by first class, certified or registered mail. Notice shall be deemed received as follows, depending upon the method of transmittal:
(1) By messenger, as of the date delivered; or
(2) By United States mail, first class, certified or registered, as of 72 hours after deposit in the United States mail, or
(3) By electronic mail (e-mail), as of the date delivered. (Ord. No. 1442, § 2, 3-2-04)
Sec. 23-557. - Civil penalties.

In addition to any other remedies provided by this Code or available to the City under applicable law, the City, through its City Attorney, may enforce violations of this chapter by filing a complaint in a superior court seeking any applicable civil remedies, including, without limitation, declaratory or injunctive relief.

In any such action commenced by the City Attorney, the City shall be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees and expert expenses.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action. The City may institute further legal action to collect such penalties in the 82 event that the violator of this chapter fails or refuses to pay said penalty within thirty (30) days from the date that it has been assessed.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-558. - Criminal prosecution.

Any person violating any of the provisions of this chapter or failing to comply with any mandatory requirement from the City shall be guilty of a misdemeanor and shall be subject to a fine not to exceed One Thousand Dollars ($1,000), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offence for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and shall be punished accordingly.
(Ord. No. 1442, § 2, 3-2-04)

Sec 23-559. – Reserved Administrative Hearings and Appeals. (a) Any person who violates any provision of this chapter, or any permit or order issued hereunder, or any person subject to an order, waiver, permit condition, permit modification, disapproval of a permit application, or any other decision made by the Public Works Director, may request — or the Public Works Director may order — an administrative hearing. An administrative hearing officer not directly involved in the enforcement of this chapter shall preside over the hearing, at which each party shall have the right to present evidence.
(1) The person requesting an administrative hearing may request a stay of the challenged decision or action during the pendency of the administrative hearing.

The Public Works Director may grant such a request if the Public finds that granting the stay does not threaten public health or safety, including damage to the sewer or storm water systems.
(2) Notwithstanding subsection (1), the imposition of fines or penalties shall be automatically stayed during pendency of the administrative hearing, unless the Public Works Director or administrative hearing officer determines that such a stay would threaten public health or safety.
(b) The city shall serve written notice on the person subject to the hearing. The notice shall specify the time and place of the hearing, the challenged action or violation, and the proposed enforcement action, if any. For administrative hearings regarding proposed enforcement actions under this chapter, the notice shall direct the person subject to the enforcement action to show cause before the hearing officer why the proposed enforcement action should not be taken. The notice of hearing shall be served 83 personally or by registered or certified mail, return receipt requested, at least ten (10) days and no more than sixty (60) days before the hearing. Service may be made on any agent or officer of the person.
(c) Such a hearing shall not be a bar to, or a prerequisite for, taking any other authorized action against the person.
(d) Administrative hearing decisions issued pursuant to this chapter may be appealed to the City Manager. The City Manager may amend, modify, confirm, or reject any such decision, provided that the purpose and intent of this chapter are not violated.

The City Manager’s determination shall constitute the final administrative decision of the city.
(1) The person requesting an appeal may request a stay of the administrative hearing decision during the pendency of the appeal. The City Manager may grant such a request if the City Manager finds that granting the stay does not threaten public health or safety, including potential damage to the sewer or storm water systems.
(2) Notwithstanding subsection (1), the imposition of fines or penalties shall be automatically stayed during the appeal period, unless the Public Works Director, administrative hearing officer, or City Manager determines that such a stay would threaten public health or safety.
84 85
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0733 Agenda Date: 1/13/2026
Agenda #: G. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption Ordinance No. 1981 (Second Reading), Amending Fontana Municipal Code Sections 15- 820 (Permits Required) and 15-821 (Review Of Permit Application; Decision) to Comply with New State Law and Help Protect the City’s Community by Effectively Regulating the Sale of Food, Goods, and Merchandise that Create a Health and Safety Danger.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1981 (Second Reading), Amending Fontana Municipal Code Sections 15-820 (Permits Required) and 15-821 (Review of Permit Application; Decision) to Comply with New State Law and Help Protect the City’sCommunity by Effectively Regulating the Sale of Food, Goods, and Merchandise that Create a Health and Safety Danger.
..End
COUCIL GOALS:
· To comply with State law and help protect the City’scommunity by effectively regulating the sale of food, goods, and merchandise that have a significant potential for creating a health and safety danger to the public.

DISCUSSION:

Ordinance No. 1981 was introduced by a vote of 5-0 at the December 9, 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 1/8/2026Page 1 of 1
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86 ORDINANCE NO. 1981

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING FONTANA
MUNICIPAL CODE SECTIONS 15-820 (PERMITS REQUIRED) AND 15- 821 (REVIEW OF PERMIT APPLICATION; DECISION ) TO COMPLY WITH NEW STATE LAW AND HELP PROTECT THE CITY’S

COMMUNITY BY EFFECTIVELY REGULATING THE SALE OF FOOD,

GOODS, AND MERCHANDISE THAT CREATE A HEALTH AND SAFETY
DANGER
WHEREAS, California Constitution, article XI, section 7, authorizes the City of Fontana (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws.

WHEREAS, Government Code section 51038 authorizes the City to r egulate sidewalk vending to help protect public health and safety.

WHEREAS, Senate Bill number 635, effective January 1, 2026, changes the law regarding regulation of sidewalk vending.

WHEREAS, the City has previously adopted Fontana Municipal Code (“FMC”) chapter 15, article XVII (Sidewalk Vending) to regulate sidewalk vending within the City.

WHEREAS, the City now desires to amend FMC section s 15-820 (Permits Required) and 15-821 (Review of Permit Application; Decision) to comply with State law and help protect the City’s community by effectively regulating the sale of food, goods, and merchandise that have a significant potential to create health and safety danger.

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

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. FMC section 15-820 (Permits Required) is hereby amended, and is to read in its entirety as follows:
15-820 Permits Required
(a) All sidewalk vendors shall obtain a sidewalk vending permit from the city's business license department prior to engaging in any sidewalk vending activities. All of the following information shall be required:
(1) Name, current mailing address, and phone number of the vendor, any person(s) who will be in charge of any sidewalk vending and/or be responsible for the person(s) working at the sidewalk vending location, and any person(s) that will be employed as roaming sidewalk vendors. 87 Ordinance No. 1981

(2) A de scription of the merchandise/goods to be offered for sale or exchange.
(3) The days and hours of operation.
(4) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(5) A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor, which notes that the city is a location or sub -location, which permit shall be maintained for the duration of the vendor's permit. (6) If the vend or is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (7) If preparing or selling food, a copy of the county health department health permit issued to the vendor and, if applicable, to the transport vehicle.
(8) For stationary sidewalk vendors, a site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act, which site plan shall be appro ved by the planning division in consultation with the engineering department.
(9) For stationary sidewalk vendors, a public liability policy, including products liability insurance, issued by an insurance company approved by the city with limits of $1,000,000. 00 each person, $2,000,000.00 each occurrence for personal and $1,000,000.00 each occurrence for property damage, or equivalent cash, certified check or cashier's check, in favor of the city, to insure the city against any and all liability of every nature whatsoever connected directly or indirectly with the applicant's activities. All insurance companies affording coverage shall be required to add the city as an additional insured under their insurance policy. A copy of the policy endorsement shall be provided to the city. A certificate of insurance, providing evidence of coverage in compliance with this article shall be supplied to the city prior to issuance of the permit. (10) If the sidewalk vendor will be selling food, a statement as to whether the food will be prepared on site, whether such food will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element.
(11) An acknowledgment that the sidewalk ve ndor will comply with all other generally applicable local, state and federal laws. 88 Ordinance No. 1981

(12) A certification that, to the applicant's knowledge and belief, the information contained in the application is true.
(13) An agreement by the vendor to defend, indemnify, release, and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever that may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, any costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action or proceeding whether incurred by the permittee, city and/or the parties initiating or bringing such proceeding. (14) An acknowledgment by the vendor that the use of public property is at the vendor's own risk, that the city does not undertake any steps to ensure public property is safe or conducive to sidewalk vending activities, and the sidewalk vendor uses public property at his/her own risk.
(15) An acknowledgement by the vendor that the vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by this chapter.
(16) Proof of payment of the applicable business license tax (17) Any other relevant information required by the director permitted by State law.
(b) At the time the application or renewal application is filed, the applicant shall pay a nonrefundable permit processing fee, which fee may be established and amended from time to time by resolution or motion of the city council.

Section 3. FMC section 15-821 (Review of Permit Application; Decision) is hereby amended, and is to read in its entirety as follows:
15-821 Review of Permit Application; Decision
(a) Upon receipt of a properly completed and filed sidewalk vendor permit application and payment of the applicable permit processing fee, the director shall conduct a preliminary investigation to determine compliance with this article and shall make such determination within no more than 30 days following such receipt to approve or deny the application. The director 89 Ordinance No. 1981

shall provide the applicant with written notice of his or her decision to the address indicated in the application.
(b) The director may deny an application for a permit if he or she makes any of the following findings:
(1) The applicant has failed to pay the application permit fee. (2) The applicant has made one or more material misstatements in the application for a permit.
(3) The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this article.
(4) It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
(c) If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be iss ued. Notice shall be mailed to the applicant at the address shown on the application form. (d) If the director approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.
(e) Exemptions. A sidewalk vending permit shall not be required for the following activities:
(1) The sale of agriculture products on the site where the product is grown.
(2) Catering for private parties held exclusively on private pro perty and not open to the general public.
(3) Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
(f) Term of permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration 90 Ordinance No. 1981

date is noted on the permit. Renewal applications must be submitted 30 days prior to expiration of the permit.
(g) Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

Section 4. Compliance with California Environmental Qual ity Act. The Fontana City Council (“City Council”) finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, title 14, chapter 3 (“CEQA Guidelines”), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).

Section 5. Severability. If any section or provision of this Ordinance is for any reason he ld to be invalid , unconstitutional, illegal , or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of thi s Ordinance shall remain in full force and effect.

Section 6. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

APPROVED AND ADOPTED this 13th day of January 2026.

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 9th day of December 2025, and was finally passed and adopted not less than five days thereafter on the 13th day of January 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
91 Ordinance No. 1981

_______________________________
City Clerk of the City of Fontana

_______________________________
Mayor of the City of Fontana

ATTEST:

_______________________________
City Clerk

92 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 25-0676 Agenda Date: 1/13/2026
Agenda #: H. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Final Acceptance of McDermott Soccer Field Fencing & Installation Project (PW-24-139-CC) RECOMMENDATION:

Accept as complete the work performed by DASH Construction Company, Inc. for the McDermott Soccer Field Fencing & Installation Project (PW-24-139-CC).

COUNCIL GOALS:
· 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:

On April 9, 2024, the City Council awarded a construction contract to DASH Construction Company, Inc. for the McDermott Soccer Field Iron Fencing Removal and Installation Project (PW-24-139-CC) in the amount of $172,400.00 and authorized a 10% contingency amount of $17,240.00 for a total contract authorization of $189,640.00.

There was one contract change order on this project. The contract retainage amount of $8,620.00 was forfeited by the contractor due to excessive project completion delays due to their poor workmanship. DASH Construction Company, Inc. completed the project on November 6, 2025. All work has been completed to the satisfaction of the City for a final contract amount of $163,780.00.

The filing of the Notice of Completion with the County Recorder’s Office will be completed upon the approval of this item.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item. The final cost for this project was $163,780.00 and the funding was included in the FY 2023-2024 Operating Budget in Org# 39637202.8130
MOTION:

Approve Staff Recommendation
City of Fontana Printed on 1/8/2026Page 1 of 1
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93 CONTRACT CHANGE ORDER FORM
Rev. General Contract Change Order 12.23 sam

CONTRACT INFORMATION Date:

Bid/Contract Number: Change Order Number:

Project Description:

Contractor: PO/Contract Number:

Original Contract Price:

Original Time Completion in Working Days:

CHANGE INFORMATION
Prior Contract Price
Change Order Amount
New Contract Price
Prior Time of Completion Days
Adjusted/Extension Time in Days
New Completion Time in Days

ENGINEERING USE ONLY:

Estimate Of Cost This Change Order Totals To Date
Contract Unit Prices
Extra Work
Agreed Prices
Eliminated Items
Total
% Change

Docusign Envelope ID: 8B5BA200-34FE-4898-B415-F18B49B630AC McDermott Soccer Field Iron Fencing Removal and Installation Project DASH Construction Company, Inc.
45 0
$172,400.00
01 45
$172,400.00
$163,780.00
11/24/2025
22401243
PW-24-139-CC
($8,620.00)
45 94

CONTRACT CHANGE ORDER FORM
Rev. General Contract Change Order 12.23 sam

INITIATING PARTY (Party responsible for initiating the change order request) Change Initiated By Agency Changes Requested By Contractor

REASON(S) FOR THE CHANGE ORDER
Detailed Justification (Required):

Execution of this change order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to t he subject of the change order, whether known or unknown, Docusign Envelope ID: 8B5BA200-34FE-4898-B415-F18B49B630AC X
The contract retainage amount of $8.620.00 is being forfeited by the contractor due to excessive project completion delays due to their poor workmanship.

95 CONTRACT CHANGE ORDER FORM
Rev. General Contract Change Order 12.23 sam

including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.

Signature Page

Contractor: ___________________________________ Date: ____________

CITY OF FONTANA:

Project Manager: ______________________________ Date: ____________

Public Works Manager: __________________________ Date: ____________

Department Head: _____________________________ Date: ____________

Deputy City Manager: __________________________ Date: ____________ (Required if over $25,000)

City Manager: ________________________________ Date: ____________ (Required Over $50,000)

Review of Analysis:

Purchasing Office: ____________________________ Date: ____________

Finance Department: ___________________________ Date: ____________

Docusign Envelope ID: 8B5BA200-34FE-4898-B415-F18B49B630AC 11/24/2025
11/25/2025
11/25/2025
11/26/2025
11/26/2025
12/02/2025
96 1
Dan West
From: Ryan Rosebeary
Sent: Monday, August 25, 2025 4:15 PM
To: [email protected]
Cc: Sid Lambert; Dan West
Subject: McDermott Fencing
Thank you for meeƟng with us today. We appreciate your efforts to correct the work that was previously done incorrectly. With your new partnership with United Iron Works, we would like to move forward with them performing the necessary repairs. Before any work begins, we would like to schedule an on-site meeƟng with the staff who will be performing the repairs to review our expectaƟons. Following that, we would also like to receive a Ɵmeline for the compleƟon of the work. We are available on September 2nd at 8:00 a.m. to meet at McDermoƩ Soccer for the iniƟal walkthrough if that works for you. Also, it is clear that this project went well past the expected finish date; therefore, the City shall retain the final retainage of $8,620. Thank you for your Ɵme and we look forward to hearing from you.

Ryan Rosebeary
Parks and Landscape Supervisor • Public Works
City of Fontana • 16489 Orange Way • Fontana, CA 92335
[email protected] • Office: (909) 428-8811

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Docusign Envelope ID: 8B5BA200-34FE-4898-B415-F18B49B630AC 97 Certificate Of Completion
Envelope Id: 8B5BA200-34FE-4898-B415-F18B49B630AC Status: Completed Subject: Contract Change Order for Approval from Dan West Source Envelope:

Document Pages: 4 Signatures: 6 Envelope Originator:

Certificate Pages: 6 Initials: 0 Purchasing Office
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.122
Record Tracking
Status: Original
11/24/2025 | 02:35 PM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Dan West
[email protected]
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DocuSign.email
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11/24/2025 | 02:35 PM
Completed
Using IP Address: 192.146.186.122
Sent: 11/24/2025 | 02:35 PM
Viewed: 11/24/2025 | 02:35 PM
Signed: 11/24/2025 | 02:42 PM
Electronic Record and Signature Disclosure:

Accepted: 10/9/2024 | 03:28 PM
ID: 30ce6951-d964-4d85-bc8a-4fa2a9cda523
Ticha Loera
[email protected]
Pumpman LLC
Security Level: Email, Account Authentication
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Completed
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Sent: 11/24/2025 | 02:42 PM
Viewed: 11/24/2025 | 02:59 PM
Signed: 11/24/2025 | 03:01 PM
Electronic Record and Signature Disclosure:

Accepted: 11/24/2025 | 02:59 PM
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Dan West
[email protected]
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Sent: 11/24/2025 | 03:12 PM
Viewed: 11/24/2025 | 03:13 PM
Signed: 11/24/2025 | 03:13 PM
Electronic Record and Signature Disclosure:

Accepted: 11/24/2025 | 03:13 PM
ID: eb48e83d-6cc5-4253-84b0-ca8f68789c32
DASH Construction Company, Inc.
[email protected]
President
DASH CONSTRUCTIPN COMPANY INC.

Security Level: Email, Account Authentication
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2603:8000:2600:1233:d93:d952:94ac:bf48
Sent: 11/24/2025 | 03:13 PM
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Signed: 11/25/2025 | 01:59 PM
Electronic Record and Signature Disclosure:

Accepted: 11/24/2025 | 03:57 PM
ID: 8ae22bf1-0234-4a27-8ec6-fd4478148df8
98 Signer Events Signature Timestamp
Dan West
[email protected]
Security Level: Email, Account Authentication
(None)
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Using IP Address: 2600:387:15:3f10::1
Signed using mobile
Sent: 11/25/2025 | 01:59 PM
Viewed: 11/25/2025 | 08:26 PM
Signed: 11/25/2025 | 08:27 PM
Electronic Record and Signature Disclosure:

Accepted: 11/25/2025 | 08:26 PM
ID: c2c35922-a38f-4096-b440-6d3af191c811
Gia Kim
[email protected]
Public Works Director/City Engineer
City of Fontana
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Using IP Address: 192.146.186.123
Sent: 11/25/2025 | 08:27 PM
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Signed: 11/26/2025 | 09:21 AM
Electronic Record and Signature Disclosure:

Accepted: 11/26/2025 | 09:20 AM
ID: 080d6119-4cac-4f4a-b0e5-b97866382138
Sid Lambert
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 11/26/2025 | 09:21 AM
Viewed: 11/26/2025 | 10:20 AM
Signed: 11/26/2025 | 10:20 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Jessica Brown
[email protected]
Chief Financial Officer
Security Level: Email, Account Authentication
(None)
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Using IP Address:
2600:1012:b37f:fc1:1113:cb2:1443:c6c8
Signed using mobile
Sent: 11/26/2025 | 10:20 AM
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Signed: 12/2/2025 | 07:56 AM
Electronic Record and Signature Disclosure:

Accepted: 12/2/2025 | 07:55 AM
ID: 1c5a11a0-2913-488e-9ee5-ad115994cc6a
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Purchasing
[email protected]
Purchasing Office
Paragon Partners Consultants, Inc.

Security Level: Email, Account Authentication
(None)
Using IP Address: 192.146.186.96
Sent: 11/24/2025 | 03:01 PM
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Not Offered via Docusign
99 Carbon Copy Events Status Timestamp
Kathy Kasinger
[email protected]
Records Coordinator
Security Level: Email, Account Authentication
(None)
Sent: 12/2/2025 | 07:56 AM
Electronic Record and Signature Disclosure:

Accepted: 12/1/2025 | 01:11 PM
ID: d241f8ee-2a74-470c-9845-a9af8b91fcac
Laurie Miller
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 12/2/2025 | 07:56 AM
Electronic Record and Signature Disclosure:

Accepted: 4/3/2025 | 04:34 PM
ID: 4b1f8c38-592c-4aa8-b4b1-0ed5964022ac
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/24/2025 | 02:35 PM
Certified Delivered Security Checked 12/2/2025 | 07:55 AM Signing Complete Security Checked 12/2/2025 | 07:56 AM
Completed Security Checked 12/2/2025 | 07:56 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
100

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Electronic Record and Signature Disclosure created on: 2/2/2017 | 06:54 AM Parties agreed to: Dan West, Ticha Loera, Dan West, DASH Construction Company, Inc., Dan West, Gia Kim, Jessica Brown, Kathy Kasinger, Laurie Miller 101
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103
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 25-0688 Agenda Date: 1/13/2026
Agenda #: I. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Acceptance of Fontana’s Downtown Economic Development Grant RECOMMENDATION:

1. Authorize the City Manager or his designee to enter into a contract with the San Bernardino County Board of Supervisors to accept a contribution in the amount of $150,000 for the Downtown Economic Development and promotional events.

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City’s timely submittal and execution of the Board of Supervisors discretionary funding allocation.

COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Practice sound fiscal management by pursing grant opportunities. · Concentrate on Inter-governmental relations by pursuing financial participation from county, state, and federal governments.

DISCUSSION:

The San Bernardino County Board of Supervisors is contributing to the City’s effort of the downtown economic development plan, focusing primarily on cultural events and local artist cultivation at Stage Red as well as providing Second District Residents the opportunity to attend and participate in low- cost family-friendly and community centered events. Funds may be used towards:
· Economic development for small business located in and around the downtown area, including promotional events and incentive programs.
· Expanding access for low-income families to attend educational, culturally relevant, or other general programming or services in the downtown area.
· Promotional events at Stage Red that feature local artists and ongoing support for cultural arts promotion for Stage Red led by Issiah Avila.

The upcoming events would promote cultural events, small businesses, and have the dual benefit of promoting the redevelopment occurring in Downtown Fontana.

City of Fontana Printed on 1/8/2026Page 1 of 2
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File #: 25-0688 Agenda Date: 1/13/2026
Agenda #: I. Category: Consent Calendar
FISCAL IMPACT:

The fiscal impact associated with the approval of this item will result in increased revenues for Stage Red in the amount of $150,000 in ORG# 72030100. All necessary budget adjustments will be included in the next quarterly budget report.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 1/8/2026Page 2 of 2
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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Board of Supervisors

Department Contract Representative Penelope Chan
g
Telephone Number 909-387-4886
Contractor City of Fontana
Contractor Representative Phillip Burum
Deputy City Manager
Telephone Number 909-350-6727
Contract Term 01/13/2026 – 01/12/2028
Original Contract Amount Not-to-Exceed $150,000
Amendment Amount
Total Contract Amount Not-to-Exceed $150,000
Cost Center 1022001000

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contra ctual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens;

WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents;

WHEREAS, the County desires to provide funding to the City of Fontana (Contractor) to support the Downtown Economic Development Plan focusing on cultural program ming, artist development, small business activation, and expanded community outreach (Services);
WHEREAS, the County would like Contractor to provide these Services; WHEREAS, the County finds Contractor qualified to provide the Services; WHEREAS, providing funding to Contractor for the Services serves the public purpose of providing for the cultural, educational and social service needs of the Second District’s residents by hosting free or low-cost family- friendly and community-centered cultural events to ex pand access for low-income families in underserved neighborhoods, supporting cultural and educational events led by Grammy award-winning producer Iz Avila, promoting local artists, and generating economic activities for local small businesses; Contract Number

SAP Number

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WHEREAS, the County residents of Fontana and the surrounding communities of the Second District will be served by the Services; and
WHEREAS, the County desires that such Services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor for the Services.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used to support Contractor with costs related to providing free or low-cost, family-friendly and community-centered cultural events that expand access for low-income families in underserved neighborhoods. It will also support cultural and educational programming led by Grammy award-winning producer Iz Avila, as well as the promotion and support of local artists and small businesses.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of the Services for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documen tation regarding the scope of Services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

B.5 Contractor acknowledges and agrees that it will make a matching contribution of at least 25% of the cost of the Services that Contractor will provide under this Contract, which is estimated at $200,000. Contractor’s matching contribution will be a minimum of $50,000.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

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C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor sh all conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C.9 Compliance with County Policy
In performing the Services and while at any Count y facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contract or’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.
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C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Representative
The Second District Supervisor or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract or as otherwise delegated by the Board of Supervisors, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Cont ractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

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The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condi tion, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the 110

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County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County i mmediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

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C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for Services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29 RESERVED.

C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of Services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.33 Release of Information
No news releases, advertisements, public ann ouncements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’ s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for 112

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the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows C ounty’s reporting formats and procedures as specified by County.

C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for its convenience, with or without cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the Services described herein. Upon such termination, payment will be made to the Contractor for Services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue Services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, dat a, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the Services described in Section A or B under this Contract is rendered improbable, infeasible or impossible.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto 113

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agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and t he County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The in formation also includes the employment with or representation of Contractor. For purposes of th is provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County dep artment or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm , or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such i ndictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of Services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulat ory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

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For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknow ledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication. To the extent this Contract is federally funded, Contractor shall provide any information necessary to the County in order to comply with Federal Acquisition Regulation

52.227-15. To the extent applicable, the provisions of Federal Acquisition Regulation 52.227-14 Rights in Data - General shall apply.

C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.46 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (FAR 52.203-18).

In compliance with Federal Acquisition Regulation 52.203-18, Contractor shall not require employees or subcontractors of Contractor seeking to report waste, fraud, or abuse, to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. To the extent Contractor has required employees or subcontractors to sign internal confidentiality agreements or statements in the past, Contractor shall notify current employees and subcontractors that those prohibitions and restrictions are no longer in effect.

Contractor shall include this clause in all subcontracts.

C.47 Use of Biobased Products
Contractor certifies that to the extent biobased products are purchased using Contract funds, Contractor shall comply with Federal Acquisition Regulation 52.223-1.

C.48 Prohibition on Use of Certain Telecommunications and Video Surveillance Services or Equipment
In performing under this Contract, Contractor shall not utilize that certain telecommunication and video surveillance services or equipment specified in Federal Acquisition Regulation 52.204-25.

C.49 Service Contract Labor Standards
To the extent applicable, Contractor agrees to comply with and to provide any information necessary for the County to comply with Federal Acquisition Regulations 52.222-52, 52.222-53, and 22.1003-4.

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D. TERM OF CONTRACT
The Contract is effective as of January 13, 2026 and expires January 12, 2028 but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer, at the direction of the Second District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of Services; d. Are in the best interests of County and Contractor in performing the scope of Services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $150,000 and is subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s Services and expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any b illing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for Services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 26-NNN – PO 4100NNNNNN).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance.

Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.

F.3 Contractor shall accept all payments from Coun ty via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

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F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the Services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for Services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract sha ll not supplant any federal, state or any governmental funds intended for Services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for whic h reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation Services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of Services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. 117

Revised 1/10/23 Page 13 of 17
All general or auto liability insurance coverage pr ovided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of Services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor co mmences performance of Services hereunder until the completion of such Services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
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Revised 1/10/23 Page 14 of 17

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, t he Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing Services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non-employee passengers in performance of contract Services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

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G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of Services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to Services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Cont ractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either se rved personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Fontana
8353 Sierra Ave.

Fontana, CA 92335
Attn: Phillip Burum, Deputy City Manager

Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated 120

Revised 1/10/23 Page 16 of 17
by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), whic h signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. 121

Revised 1/10/23 Page 17 of 17
IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Julie Surber, Principal Assistant County
Counsel

Date Date Date

SAN BERNARDINO COUNTY CITY OF FONTANA
(Print or type name of corporation, company, contractor, etc.)

By

Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name

Matthew C. Ballantyne
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address

8353 Sierra Ave.

Fontana, CA 92335
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 25-0697 Agenda Date: 1/13/2026
Agenda #: J. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Final Acceptance of Stage Red Theater Outdoor Deck Construction Project (PW-25-125-SB) RECOMMENDATION:

Accept as complete the work performed by Oppenheimer National for the Stage Red Theater Outdoor Deck Construction Project (PW-25-125-SB).

COUNCIL GOALS:
· 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.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

On May 5, 2025, the City Council awarded a construction contract to Oppenheimer National for the Stage Red Theater Outdoor Deck Construction Project (PW-25-125-SB) in the amount of $244,400.00 and authorized a 10% contingency of $24,440.00 for a total contract authorization of $268,840.00.

There were five (5) contract change orders on this project. Change order #1 was for the placement of temporary steps by the fire marshal for fire exit egress after the original steps were removed during the demolition portion of the work. Change order #2 was for design revisions and additional work on the west ADA access ramp needed for regulatory compliance. Change order #3 was for the addition of a drain line adjacent to the west ADA access ramp. Change order #4 was for the additional placement and re-placement of the temporary fire exit steps during the project. Change order #5 was for the addition of an extension to the existing roof drain line outlet to alleviate the buildup of water between the building and the new deck. The combined total of these change orders was $26,139.98 which exceeded the 10% contingency in the amount of $1,699.98. Available funding in Org# 37300002-601-A-8329 was used to cover this extra expense.

Oppenheimer National finished the project on December 5th, 2025, and all work has been accepted as complete by the City for a final contract amount of $270,539.98.

The final retention payment will be released thirty-five (35) days after the filing of the Notice of City of Fontana Printed on 1/8/2026Page 1 of 2
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File #: 25-0697 Agenda Date: 1/13/2026
Agenda #: J. Category: Consent Calendar
Completion with the County Recorder’s Office.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item. Funding in the amount of $268,840.00 was included in the FY 2024-2025 budget in the amounts of $134,500.00 in ORG# 37300002-601-A-8329 and $134,340.00 in ORG# 37600035-601-A-8329. Additional funding in the amount of $1,699.98 was appropriated from available fund balance in ORG# 37300002-601-A-8329 to cover the final contract amount of $270,539.98.

MOTION:

Approve Staff Recommendation
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0708 Agenda Date: 1/13/2026
Agenda #: K. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Approve Amendment No. 1 to a Professional Services Agreement for the Design Services of 8470 Nuevo Avenue Renovation Project (DE-25-179-SP)
RECOMMENDATION:

1. Approve and authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement with Steiner Studio of 8470 Nuevo Avenue Renovation Project in the amount of $74,500.00 for a total contract amount of $292,800.00.

2. Approve and Authorize the City Manager, or City Manager’s designee, to execute any future amendments and documents necessary for the Design and Engineering Services of 8470 Nuevo Avenue Renovation Project.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion. · 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.

DISCUSSION:

The 8470 Nuevo Avenue Renovation Project will include the renovation of the existing building, formerly operating as a worship hall, into a full-service Restaurant/Bakery space. Proposed improvements to the building include new infrastructure for the electrical, plumbing, and HVAC systems. The purpose of this Project is to renovate the existing building for a future Restaurant/Bakery tenant to utilize the space with their own appliances and final furnishings.

On September 9, 2025 City Council approved the Professional Services Agreement Steiner Studio in the amount of $218,300.00 for the Design Services of 8470 Nuevo Avenue Renovation Project (DE- 25-179-SP). The original scope of work only included the roof renovation plans, MEP plans, drywall and framing, construction documents, and construction support of the Restaurant and Bakery consisting of approximately 8,128 sf of space.

The proposed amendment No. 1 will add the architectural, kitchen, MEP, and structural scope to include the 3000sf of the adjacent space. The agreed amount of amendment No. 1 is $74,500.00 increasing the total Professional Services Agreement and all subsequent amendments to date for a City of Fontana Printed on 1/8/2026Page 1 of 2
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File #: 26-0708 Agenda Date: 1/13/2026
Agenda #: K. Category: Consent Calendar
total of $292,800.00.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $74,500 and all necessary budget adjustments will be included in the next quarterly FY 2025-2026 budget report in project string 37600081-601-A-8329, Fund 601 - Capital Reinvestment.

MOTION:

Approve staff recommendation.

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8470 NUEVO AVENUE RENOVATION PROJECT
0SCALE 1:6001200600

PROJECT LOCATION
N
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16498.00150\32127016.1
AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT
DE-25-179-SP

BETWEEN

THE CITY OF FONTANA

AND

STEINER STUDIOS

1. Parties and Date.

This Amendment No. 1 to the Professional Services Agreement DE -25-179-SP is made and entered into as of this 13th day of January, 2026, by and between the City of Fontana (“City”) and Steiner Studios, a corporation with its principal place of business at 17800 Mitchell North, Irvine, California 92614 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Consultant. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement DE-25-179-SP” dated September 15, 2025 (“Agreement”) for the purpose of retaining the services of Consultant to provide Architecture and Interior Design Services for the 8470 Nuevo Avenue Renovation Project.

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to add the scope of services, and the not-to-exceed compensation amount.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 1 of the Agreement is hereby added to the scope of services attached hereto as Exhibit “A.”

3.2 Amendment. Section 2 of the Agree ment is hereby amended in its entirely to read as follows:

b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $292,800.00. This amount i s to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. 128

16498.00150\32127016.1
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.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[Signatures on Next Page]

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16498.00150\32127016.1
SIGNATURE PAGE FOR AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT DE-25-179-SP

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager

STEINER STUDIOS

By:

Amy Steiner
Principal

Attest:

By:

Germaine McClellan Key
City Clerk

By:

Phillip Burum
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager

130
s
teinerstudio 17800 Mitchell North || Irvine, CA 92614 || studio: 714.299.5957 fax: 657.224.9739 D
ate: December 8, 2025
C
lient:

City of Fontana
Phillip Burum
Deputy City Manager • Development Services
[email protected] • Office: (909) 350-6727
Re
: Addendum # 1
Additional Services proposal corresponding to the Professional Design Services for the future Restaurant/Bakery Tenant at 8470 Nuevo Avenue, Fontana, CA 92335 C
ONTRACT NUMBER DE-25-179-SP
A. A

DDITIONAL DESIGN SERVICES
The following service was not part of the original scope of this project, but will be completed for the project.

A
dditional scope to include Tenant plans at the adjacent space which is 3000sf for a Rotisserie Chicken concept by the same tenant.

B. C

OMPENSATION
The design services fee will be as follows:

A
rchitectural $ 22,000.00
Trimark KEC $ 9,300.00
Electrical/Mech/Plumbing $ 31,000.00
Structural $ 12,200.00
To tal $ 74,500.00
S
teiner Studio City of Fontana, CLIENT
A
my Steiner Bagley By:

Principal Architect Title:

Date:

EXHIBIT "A"
131
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0716 Agenda Date: 1/13/2026
Agenda #: L. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Right of Entry to Construct and Maintenance Agreement with the Property Owner at 7893 Sierra Avenue, Fontana CA 92335
RECOMMENDATION:

Approve and authorize the City Manager to execute the Right of Entry to Construct and Maintenance Agreement with the property owner at 7893 Sierra Avenue, Fontana CA 92335.

COUNCIL GOALS:
· To improve public safety by minimizing impacts from disasters through emergency and disaster preparedness.
· 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 utilizing Measure-I Funds wisely.

DISCUSSION:

On June 18, 2024, the City of Fontana Public Works & Engineering Department completed the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue. Following project completion and during the first rainy season, the City received reports of localized flooding at the properties located at 7891 Sierra Avenue and 7901 Sierra Avenue. The property owners indicated that the flooding was primarily caused by the street widening improvements and requested offsite drainage enhancements.

While it has not been conclusively determined that the flooding was directly caused by the street improvements, staff identified an opportunity to implement both onsite and offsite improvements to help reduce potential flooding impacts during future heavy storm events. The proposed improvements include construction of an onsite drainage channel with a steel grate and a high curb along the property line within the 7891 Sierra Avenue property. The project also includes construction of curb behind the sidewalk at the frontage of the 7901 Sierra Avenue property, as well as reconstruction of the under-sidewalk drain.

The proposed drainage channel located within the 7891 Sierra Avenue property will require ongoing maintenance by the property owner upon completion. The City will continue to maintain all drainage facilities located within the public right-of-way. The agreement defines the maintenance responsibilities for each party.

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File #: 26-0716 Agenda Date: 1/13/2026
Agenda #: L. Category: Consent Calendar
In addition to establishing maintenance responsibilities, the agreement also grants the City and its contractor the right of entry onto the property to construct the proposed improvements. Construction is anticipated to begin in late January 2026.

FISCAL IMPACT:

There is no additional fiscal impact associated with the approval of this item. Maintenance responsibility of the drainage facilities within the private property belongs to the owner of the property.

Appropriate funding for the maintenance work of the facilities within the public right-of-way is included in the FY 2025-26 Budget under the Public Works & Engineering Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0721 Agenda Date: 1/13/2026
Agenda #: M. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Joint Use Agreement with Southern California Edison Company on Locust Avenue and Armstrong Avenue
RECOMMENDATION:

Approve and authorize the City Manager to execute the Joint Use Agreement with Southern California Edison Company on Locust Avenue and Armstrong Avenue.

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

DISCUSSION:

On March 26, 2019, the City Council approved Ordinance Nos. 1800, 1801, and 1802 approving Specific Plan Amendment No. 11-003 along with certification of the Final Environmental Impact Report (FEIR) (State Clearing House No. 2012071058) for the West Valley Logistic Specific Plan Project and included approvals for General Plan Amendment No. 11-026 and Zone Change No. 11- 016 to redesignate the land use designation of the site to Light Industrial; Development Agreement No. 11-002; and Tentative Parcel Map No. 19156 (TPM No. 13-005) to subdivide the site into nine (9) parcels for the development of the Specific Plan that anticipated the development of seven (7) industrial commerce center buildings.

On August 16, 2022, the Planning Commission approved Master Case No. 21-072, Revision to Tentative Parcel Map No. 19156 (TPM No. 13-005 R1), and Design Review No. 21-027 and adopted Resolution No. PC 2022-034. Resolution No. PC 2022-034 included Conditions of Approval for Tentative Parcel Map No. 19156. To adhere to the conditions of approval, the developer has dedicated public right-of-way to the City for the widening of Locust Avenue and Armstrong Avenue to the width required by the General Plan and will relocate the electrical facilities to be outside the roadway at no cost to the City.

As part of the widening and road dedication process, privately owned Southern California Edison Company (SCE) easements for electrical facilities adjacent to Locust Avenue and Armstrong Avenue became part of the public right-of-way. As a result, SCE requested that the City of Fontana enter into a Joint Use Agreement to maintain their existing prior rights for the electrical facilities in their new location. If the City desires in the future to widen Locust Avenue or Armstrong Avenue further, the City will agree to reimburse SCE for any costs incurred for the relocation of the electrical facilities within the joint use area only as specified in the Joint Use Agreement (Serial No. 73777A, T&LM File No.

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File #: 26-0721 Agenda Date: 1/13/2026
Agenda #: M. Category: Consent Calendar
JUA 204435285).

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

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RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

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

ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
T&LM File No.: JUA 204435285 Serial No.: 73777A
Affects SCE Doc No.’s:13646, 13647, 13648 & 440852 Work Order: 802483980

JOINT USE AGREEMENT

THIS AGREEMENT, made and entered into this _____ day of __________________, 20___, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, as Successor in interest to The Pacific Light & Power Corporation, a corporation, hereinafter called "Company", and the CITY OF FONTANA, a municipal corporation of the State of California, hereinafter called "City",

W I T N E S S E T H:

THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights:

That certain Grant of Easement dated May 7, 1913, by W.C. McCally for the Estate of Walter A. Choat, and those certain Grants of Easements recorded March 22, 1917, as Instrument No. 14, in Book 609, Page 111 and recorded March 22, 1917, as Instrument No. 13, in Book 609, Page 110, both of Deeds and by Grant of Easement recorded May 24, 1993, as Instrument No. 220542 of Official Records, hereinafter referred to as "Company's Easements"; and

WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Armstrong Avenue and Locust Avenue in said City, County of San Bernardino, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company's easement; and

WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction;

NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:

The location of Company's easement insofar as it now lies within the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location", and shown and designated as "area in Joint Use Agreement" on said print marked "Exhibit A".

Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a 142

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Fontana
Serial No.: 73777A
T&LM FILE No.: JUA204435285

-2-
street or highway over, along and upon Company's easement, both in the old location and in the new location within said highway right of way, upon and subject to the terms and conditions herein contained.

City acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement to use, in common with the public's use of said s treet or highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said new location where such work will obstruct traffic.

In all cases, Company shall exercise due care for the protection of the traveling public.

In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plan s by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements.

City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation.

City shall not reimburse Company for any loss caused by Company's own fault or negligence.

Company agrees to save harmless and indemnify City, its successors and assigns and its and their officers, agents and employees (collectively, City’s Related Parties”), from and against all claims, demands, loss, damage, actions, causes of action, expense and/or liability (excepting consequential damages) (collectively, “Claims”), actually incurred by City and/or City’s Related Parties and which are directly caused by Company’s exercise of the rights granted pursuant to this Agreement, except to the extent that such Claims (i) arise prior to the Effective Date of this Agreement (this “Agreement”), or (ii) are attributable to the degree of the negligence or willful misconduct, error or omission of City or City’s Related Parties.

Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company 143

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Fontana
Serial No.: 73777A
T &LM FILE No.: JUA204435285

-3-
or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense.

Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere with the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger.

This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

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

CITY OF CITY OF FONTANA,
a municipal corporation

By:

Name:

Title:

Attest:

Name:

Title:

144

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Fontana
Serial No.: 73777A
T &LM FILE No.: JUA204435285

-4-
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/t heir 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 _______________________________

145

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Fontana
Serial No.: 73777A
T &LM FILE No.: JUA204435285

-5-
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/t heir 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 _______________________________

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/t heir 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 _______________________________
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0723 Agenda Date: 1/13/2026
Agenda #: N. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Sewer Rate Study and Proposition 218
RECOMMENDATION:

1. Award a contract and authorize the City Manager to execute the Professional Services Agreement for the Sewer Rate Study and Proposition 218 Process (DE-26-77-SP) with Raftelis Financial Consultants, Inc in the amount of $104,640.

2. Approve and authorize the City Manager to execute any future amendments for the Sewer Rate Study and Proposition 218 Process agreement (DE-26-77-SP).

COUNCIL GOALS:
· To practice sound fiscal management by producing timely and accurate financial information. · To practice sound fiscal management by living within our means while investing in the future. · To practice sound fiscal management by fully funding liabilities and reserves. · To practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

The City operates and maintains the sewer system that transports all sewage collection through the Inland Empire Utilities Agency (IEUA) or the City of Rialto for treatment, depending upon the location of the property service. IEUA and Rialto impose charges for providing sewage treatment services, and the City in turn passes those costs onto the property owners served by IEUA or Rialto. On May 2021, the City Council approved the passthrough of any increases in IEUA charges or Rialto charges, and it expires on June 30, 2026.

Staff solicited a consultant to study the current sewer rate and perform the Proposition 218 process.

The purpose of the study is to ensure that the City’s sewer rates are legally compliant, financially sustainable, and equitably allocated among customers. Proposition 218 requires the City to demonstrate that sewer rates do not exceed the cost of providing service and that charges are proportional to the benefits received by each customer class. The rate study evaluates operating and maintenance costs, capital improvement needs, debt obligations, and reserve requirements to establish a clear and defensible cost-of-service basis for proposed rates. Completing this analysis and the associated Proposition 218 process is necessary for the City to lawfully adjust sewer rates and maintain sufficient funding to operate, maintain, and reinvest in the wastewater collection system.

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File #: 26-0723 Agenda Date: 1/13/2026
Agenda #: N. Category: Consent Calendar
On November 5, 2025, the City issued a Request for Proposal (RFP) for the study. On December 4, 2025, proposals were received from three (3) firms interested in providing services for the project.

The proposals were evaluated based on the firm and staff qualifications, project approach, scope of work, and proposed schedule, in accordance with City policies and procedures. The proposals ranged from $38,820 to $104,640.

Based on the evaluations, staff recommends approval of the Professional Services Agreement with Raftelis Financial Consultants, Inc due to their experience, available project staffing, schedule, and detailed approach to the project.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $104,640 for the full term of the Professional Services Agreement. Budget for the project is included in the Fiscal Year 2025-2026 budget in account 70130112.8115 under the Public Works & Engineering Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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Firms Total Score Ranking
Raftelis Financial 78% 1
Willdan 62% 2
Bartle Wells 61% 3

PROJECT
Evaluation
153
City of Fontana
Sewer Rate Study (DE-26-77-SP), bidding on 12/04/2025 2:00 PM (PST)