ARTIST SHOWCASE: A. 5:30 P.M. Artist Showcase Grover W. Taylor Council Chamber and Foyer: Work of Artist Stuart Fingerhut.

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1 Next: Ord. No Res. No CITY OF FONTANA AGENDA REGULAR CITY COUNCIL MEETING August 22, 2017 Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA :00 PM Information in shaded boxes also pertains to meetings directly following the Council Meeting. Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 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, the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA is wheel chair accessible and a portable microphone is available. 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 in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA Traduccion en Espanol disponible a peticion. Favor de notificar al Departamento "City Clerk". Para mayor informacion, favor de marcar el numero ARTIST SHOWCASE: A. 5:30 P.M. Artist Showcase Grover W. Taylor Council Chamber and Foyer: Work of Artist Stuart Fingerhut. CALL TO ORDER/ROLL CALL: A. 7:00 P.M. Call the Meeting to Order INVOCATION/PLEDGE OF ALLEGIANCE: Invocation /Pledge of Allegiance SPECIAL PRESENTATIONS: A. Artist Recognition Page 1 of 248

2 Mayor Warren and City Council to recognize Stuart Fingerhut as the artist in the Artist Showcase (Community Services Coordinator Ana Casillas to present). B. Fontana Days Run Sponsors Mayor Warren and City Council to recognize Sponsors of the 2017 Annual Fontana Days Run (Community Services Coordinator Bianca Morales to present to Contributing Sponsors: Thompson Building Materials, Crystal Geyser, Fontana Water Company, Manheim Southern California, and U.S. Army). C. Police Department May 2017 Employee of the Month Mayor Warren and City Council to recognize Officer Bradley Carlson as the Police Department's May 2017 Employee of the Month (Chief Ramsey to present). PUBLIC COMMUNICATIONS: This is an opportunity for citizens to speak to the City Council for up to 5 minutes on items not on the Agenda, but within the City Council's jurisdiction. 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. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. A. Public Communications CONSENT CALENDAR: All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion. Does any member of the public wish to address the City Council regarding any item on the Consent Calendar before the vote is taken? A. Approval of Minutes Approve the Minutes of the July 10, 2017 Adjourned Regular City Council Meeting and the August 8, 2017 Regular City Council Meeting. B. Adoption of Proposed Resolution Ratifying the Fontana Fire Protection District s Fire Code Adopt Resolution No , ratifying and accepting the Fontana Fire Protection District s ( District ) Ordinance No. FFD-003, which amends and adopts the 2016 Edition of the California Fire Code, known as the California Code of Regulations, Title 24, Part 9, based on the 2015 Edition of the International Fire Code. C. Award of Contract for Providing Fuel for City-Owned Vehicles and Equipment Approve and authorize the Purchasing Office award of contract to Nuckles Oil Company DBA Merit Oil Company for fuel for City-owned vehicles and equipment based upon a "piggyback" on San Bernardino County's Gasoline and Diesel Fuel Contract. The term of the contract will be for two years with three one-year extensions Page 2 of 248

3 at the City's sole discretion. D. Resolution Ratifying Memorandum of Understanding for the Teamsters Local 1932 Yard Bargaining Unit and the Associated Salary Table Adopt Resolution No , of the City Council of the City of Fontana, ratifying the Memorandum of Understanding between the City and the Teamsters Local 1932 Yard Bargaining Unit, and the associated Salary Table. Approve Consent Calendar Items as recommended by staff. PUBLIC HEARINGS: To speak on Public Hearing Items, fill out a card at the microphone stand indicating favor or opposition and give it to the City Clerk. Each person will be allowed 5 minutes to address the Council. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing. All Public Hearings will be conducted following this format: (a) hearing opened (e) oral - favor (b) written communication (f) oral - opposition (c) council/staff comments (g) hearing closed (d) applicant comments (applicant not limited to 5 minutes) A. Third Amendment to the Citrus Heights North Development Agreement (Agreement No ) 1. Determine that the proposed Ordinance and the proposed Agreement have been determined not to have a significant effect on the environment pursuant to the California Environmental Quality Act (CEQA) 15061(b)(3) (Review of Exemption) and qualifies for an Exemption; and, 2. Waive further reading of and introduce Ordinance No., an Ordinance of the City of Fontana approving the Third Amendment to the Citrus Heights North Development Agreement between the City of Fontana and SC Fontana Development Company, LLC; and that the reading of the title constitutes the first reading thereof. B. Council Election Districts Ordinance That the Mayor and City Council; 1. Conduct a Public Hearing; 2. Waive further reading and introduce Ordinance No. of the City Council of the City of Fontana, California, adding a new Section 2-42 to Article II, Chapter 2 of the Fontana Municipal Code to change the City s Electoral System from at-large to bydistrict elections with respect to electing City Council members and maintaining an Page 3 of 248

4 elective Mayor, establishing District boundaries, scheduling elections within the Districts, and that the reading of the title constitutes the first reading thereof; and 3. Find that pursuant to Section of the Guidelines for the Implementation of the California Environmental Quality Act ( CEQA ), further review under CEQA is not required because this ordinance establishing district-based elections consists of a change in the organization or reorganization of a local governmental agency where the change does not change the geographical area in which previously existing powers are exercised. Therefore, a Notice of Exemption will be filed with the County Clerk of the County of San Bernardino. ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports CITY MANAGER COMMUNICATIONS: A. City Manager Communications ADJOURNMENT: A. To the Global City Teams Challenge Expo from August 28-29, 2017, in Washington D.C.; and to the next Regular City Council Meeting which will be held on Tuesday, September 12, 2017, with a Workshop at 5:30 p.m. in the City Hall Executive Conference Room and the Regular Meeting at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 4 of 248

5 Adjourned City Council Meeting Minutes July 10, 2017 MINUTES OF THE CITY COUNCIL OF THE CITY OF FONTANA ADJOURNED CITY COUNCIL MEETING July 10, 2017 CALL TO ORDER/ROLL CALL: A. Call the Meeting to Order at 5:00 p.m. A Joint Fontana Adjourned Regular City Council and Planning Commission Meeting was held on Monday, July 10, 2017, in the Fontana City Hall Executive Conference Room at 8353 Sierra Avenue, Fontana, California. The meeting was called to order by Mayor Warren at 5:00 p.m. with Mayor Pro Tem Sandoval, Council Members Roberts, Tahan and Armendarez present. Also present were Planning Commissioners Larry Meyer, Daniel Quiroga, Idilio Sanchez and Cathline Fort. B. Public Communications Phil Cothran asked about the width of drive isles. C. Joint City Council and Planning Commission Workshop Senior Planner Paul Gonzales presented a report on Accessory Dwelling Units (ADU's). Discussion ensued regarding the three basic Accessory Dwelling Units: 1. Convert existing living space 2. Garage conversion to living space 3. Detached accessory dwelling unit Senior Planner Gonzales stated that a new State law requires cities to permit accessory dwelling units, but the city can adopt a local ordinance regarding accessory dwelling units as long as State guidelines are followed. Discussion ensued regarding parking requirements for accessory dwelling units. Planning Manager Orlando Hernandez asked for input from the council on a proposed new ordinance. Mayor Warren stated she would like staff to survey other cities on their requirments. Senior Planner Gonzales provided a report on Detached Condo Parking Analysis. Page 1 of 2 Page 5 of 248

6 Discussion ensued on the proposed 3.5 parking spaces per dwelling unit, onsite parking layout for detached condos and the amount of off street parking spaces per unit. D. City Council Comments Planning Commissioner Sanchez asked about setbacks and if state law will override Home Owner Association (HOA) rules. City Attorney Ballinger stated that state law does not say that it overrides Home Owner Association rules. Planning Commissioner Quiroga commented on allowing concrete slabs for parking. Planning Commissioner Meyer commented that driveways still need to meet the minimum standards. Planning Commissioner Fort spoke about paved parking surfaces and what is considered an Accessory Dwelling Unit. Council Member Armendarez spoke on setback requirements for Accessory Dwelling Units. Council Member Roberts spoke on how the new law will affect new construction. Council Member Tahan commented on using the existing ordinance. Mayor Warren spoke on how this new law will impact sewer fees for Accessory Dwelling Units. ADJOURNMENT: The Adjourned City Council Meeting adjourned at 6:00 p.m. to the next Regular City Council Meeting on Tuesday, July 11, 2017, with a Workshop at 5:30 p.m. in the City Hall Executive Conference Room, and the Regular Meeting at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Karen Porlas Deputy City Clerk THE FOREGOING MINUTES WERE APPROVED BY THE CITY COUNCIL ON THE 22nd DAY OF AUGUST, 2017 Tonia Lewis City Clerk Adjourned City Council Meeting Minutes July 10, 2017 Page 2 of 2 Page 6 of 248

7 Regular City Council Meeting Minutes August 8, 2017 MINUTES OF THE CITY COUNCIL OF THE CITY OF FONTANA REGULAR CITY COUNCIL MEETING August 8, 2017 WORKSHOP: A. 5:30 P.M. WORKSHOP A Fontana City Council Workshop was held on Tuesday, August 8, 2017 in the Fontana City Hall Executive Conference Room, 8353 Sierra Avenue, Fontana, California. Mayor Warren called the Workshop to order at 5:30 p.m. with Mayor Pro Tem Sandoval, Council Members Roberts and Tahan present. Council Member Armendarez arrived at 5:43 p.m. Police Chief Robert Ramsey, Alex Popof and Alexander Popof with Visual Labs, presented a report on Body Worn Cameras. Discussion ensued regarding Body Worn Cameras. The City Council Regular Meeting Agenda was reviewed and City Manager Comments were heard. The City Council Workshop adjourned at 5:52 p.m. CLOSED SESSION: A. 6:00 P.M. CLOSED SESSION A Closed Session was held at 6:00 p.m. in the City Hall Executive Conference Room with Mayor Warren, Mayor Pro Tem Sandoval, Council Members Roberts, Tahan and Armendarez present. PUBLIC COMMUNICATION: There were no Public Communications received on the following Closed Session Items: CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section : (one (1) potential case) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION (d) (1) Case: Carrie Caronna, et al v. City of Fontana, et al Page 1 of 6 Page 7 of 248

8 Superior Court of the State of California, San Bernardino, Court Case No: CIVDS CONFERENCE WITH LABOR NEGOTIATORS: Agency designated representatives: Kenneth R. Hunt, City Manager and Annette Henckel, Director of Human Resources and Risk Management Employee organization: Teamsters Local 1932 Yard Unit CALL TO ORDER/ROLL CALL: A. 7:00 P.M. Call the Meeting to Order The Regular Meeting of the Fontana City Council was held on Tuesday, August 8, 2017, in the Grover W. Taylor Council Chambers at 8353 Sierra Avenue, Fontana, California. Mayor Warren called the meeting to order at 7:02 p.m. ROLL CALL: Present: Mayor Warren, Mayor Pro Tem Sandoval, Council Members Roberts, Tahan and Armendarez. Absent: None. INNVOCATION/PLEDGE OF ALLEGIANCE: Following the Invocation by Council Member Roberts, the Pledge of Allegiance was led by Council Member Tahan. CLOSED SESSION ANNOUNCEMENT: City Attorney Jeff Ballinger reported that there was no reportable action on the Closed Session Items. PROCLAMATIONS: A. Sickle Cell Trait Prevention Month Mayor Warren and the City Council proclaimed the Month of August as Sickle Cell Trait Prevention Month. Farron D. Dozier accepted the proclamation. SPECIAL PRESENTATIONS: A. Fontana All Stars Championship Mayor Warren and the City Council recognized the Fontana All Stars Team on their 2017 Division Championship. The Fontana All Stars Team was present to be recognized. B. Retirement Recognition for Lieutenant Gary Aulis Mayor Warren and the City Council recognized Police Lieutenant Gary Aulis on his Regular City Council Meeting Minutes August 8, 2017 Page 2 of 6 Page 8 of 248

9 retirement. Chief Ramsey presented the recognition. Lieutenant Aulis was present to accept the recognition. PUBLIC COMMUNICATIONS: A. Public Communications Maha Rizvi on behalf of Assembly Member Elouise Gomez Reyes, announced a free citizenship information session and workshop event on Saturday, August 26, 2017, 9:00 a.m. to 12:00 p.m. at the Colton High School Gym. Omar Pamplona on behalf of Congressman Pete Aguilar announced the following events: Veterans Resource Fair, August 18, 2017, 10:00 a.m. to 1:00 p.m. at Frank A. Gonzalez Community Center, Colton, and Job Fair on August 25, 2017, 10:00 a.m. to 1:00 p.m. at San Bernardino Boys and Girls Club. Farron Dozier announced a Sickle Cell Disease Prevention Event on October 14, 2017, at Citrus College. Alex Fuentes spoke on coordinating a support group for Fontana s Blue Star Mothers; a Military Banner Program for Fontana s active duty service members; and a backpack event. Mr. Fuentes invited Fontana residents and organizations to the Post 911 National Day of Service Event on Saturday, September 9, 2017, 10:00 a.m. to 2:00 p.m. at the Fontana Community Senior Center Amos Young congratulated the City Council on receiving the Department of Justice Grant for the body cameras and thanked the Mayor and Council for leading the Fontana community. Diana Martin spoke on being approved for co-sponsorship for the Family Matters Community Picnic on August 19, 2017, from 10:00 a.m. to 4:00 p.m. at Jack Bulik Park Pavilion. Makayla Turner, Youth Executive Board Member from Begin from Within, spoke on conflict resolution. Fran Givens spoke on the sidewalk being installed at the railroad track at Sierra Avenue and Juniper Avenue and the street closures during construction. Ms. Givens asked people not to abandon their animals. CONSENT CALENDAR: ACTION: Motion was made by Mayor Pro Tem Sandoval, seconded by Council Member Tahan, and passed unanimously by a vote of 5-0 to approve Consent Calendar Items "CC-A" through "CC-E". (AYES: Warren, Sandoval, Roberts, Tahan, and Armendarez: NOES: None) as follows: A. Approval of Minutes Approve the Minutes of the July 25, 2017 Regular City Council Meeting. Regular City Council Meeting Minutes August 8, 2017 Page 3 of 6 Page 9 of 248

10 B. Approve a Bond Reduction for Tract No.'s , and within the Promenade Specific Plan Approve a reduction of the faithful performance/labor and materials bonds posted by D.R. Horton for Tract No.'s , and C. Award of Contract for Electric Vehicle Charging Stations Award bid and authorize the City Manager to execute a contract with EV Connect, Inc. for the purchase and installation of Electric Vehicle Charging Stations for SCE Charge Ready Program (SP-85-PW-17). D. Replacement of Securities for Tract Map No.'s and Accept replacement of securities for Tract No.'s and and authorize the City Manager to enter into a Subdivision Agreement with Pulte Home Company, LLC for construction required public infrastructure improvements. E. Subordination of Jr. Lien Tax Allocation Bonds A d o p t Resolution No confirming the subordination of the Fontana Redevelopment Agency Junior Lien Tax Allocation Bonds (North Fontana Redevelopment Project) to the Successor Agency to the Fontana Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A and Series 2017B (Federally Taxable). ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports City Treasurer Koehler-Brooks congratulated Lieutenant Gary Aulis on his retirement. City Treasurer Koehler-Brooks welcomed Boy Scout Troop 515 to the Council Meeting. City Clerk Lewis spoke on the Junior Fontana Leadership Intervention Program and the "Giving Back" event to be held on August 23, 2017, 11:00 a.m. to 11:00 p.m. at Chili s Restaurant. Council Member Armendariz stated that he is excited about the Police Department body worn cameras. Council Member Tahan thanked the Police Department and the Police Officers Association for working so hard on the body worn cameras. Council Member Tahan spoke on the snack bar vandalism. Council Member Tahan spoke on coyote sightings and asked for the status on what is being done to deal with the coyotes. Regular City Council Meeting Minutes August 8, 2017 Page 4 of 6 Page 10 of 248

11 City Manager Hunt stated he will follow up on the coyote issue. Council Member Tahan spoke on recent tragedies in Fontana and reminded everyone to be safe. Council Member John Roberts spoke on the snack bar vandalisms in the area. Council Member Roberts congratulated Lieutenant Gary Aulis on his retirement. Council Member Roberts commended the Public Works Department for all of their hard work. Mayor Pro Tem Jesse Sandoval thanked the Public Works and Community Services Departments for all the work they do in the community with the parks and seniors. Mayor Pro Tem Sandoval offered his expertise to Public Works staff to help secure the snack bars to avoid future break-ins. Mayor Pro Tem Sandoval spoke on being related to one of the victims in the tragedy on the I-10 Freeway; Mayor Pro Tem Sandoval offered his condolences to the family. Mayor Acquanetta Warren spoke on a great job everyone did on the body worn cameras and also thanked the City of San Bernardino for partnering with the City of Fontana to obtain the grant for body worn cameras. Mayor Warren stated that the new Community Services brochure has been mailed out to the community. Mayor Warren reminded everyone that students are returning to school and to be careful while driving. Mayor Warren spoke on the vandalism at the snack bars and asked everyone to report anything they may see. Mayor Warren spoke on the recent tragedies in the area and offered her condolences. CITY MANAGER COMMUNICATIONS: A. City Manager Communications City Manager Kenneth Hunt spoke on the Police Department body worn cameras and noted that they will provide safety and accountability, and thanked Captain Stover for all the work she did on the project. City Manager Hunt thanked his Executive Secretary Tanya Ruiz for her commitment and for helping him get his job done. ADJOURNMENT: Regular City Council Meeting Minutes August 8, 2017 Page 5 of 6 Page 11 of 248

12 A moment of silence was held for Maria Rodriguez, Isaac Briseno, Ailyn Miguel, Jose Prieto, and Brent Woodham. The City Council meeting adjourned in memory of Maria Rodriguez, Isaac Briseno, Ailyn Miguel, Jose Prieto, and Brent Woodham at 8:18 p.m. to the Regular City Council Meeting on Tuesday, August 22, 2017, with an Artist Showcase at 5:30 p.m. Council Chambers and Foyer, and the Regular Meeting at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Ysela Aguirre Recording Secretary THE FOREGOING MINUTES WERE APPROVED BY THE CITY COUNCIL ON THE 22nd DAY OF AUGUST 2017 Tonia Lewis City Clerk Regular City Council Meeting Minutes August 8, 2017 Page 6 of 6 Page 12 of 248

13 ACTION REPORT August 22, 2017 FROM: Fontana Fire Protection District SUBJECT: Adoption of Proposed Resolution Ratifying the Fontana Fire Protection District s Fire Code RECOMMENDATION: Adopt Resolution No , ratifying and accepting the Fontana Fire Protection District s ( District ) Ordinance No. FFD-003, which amends and adopts the 2016 Edition of the California Fire Code, known as the California Code of Regulations, Title 24, Part 9, based on the 2015 Edition of the International Fire Code. COUNCIL GOALS: * To create a team by communicating Goals and Objectives to all sectors of the community. * To operate in a businesslike manner by becoming more service oriented. DISCUSSION: The District has adopted the 2016 Edition of the Fire Code, known as the California Code of Regulations, Title 24, Part 9, along with the appendices and amendments thereto. Pursuant to California Health & Safety Code section (c), the District s Fire Code Ordinance cannot take effect until the jurisdiction where the ordinance will apply ratifies the ordinance. Thus, the City must ratify the District s Fire Code Ordinance prior to it taking effect. The City Attorney has reviewed the District s Fire Code Ordinance, and comments from the City Attorney have been received and incorporated into the proposed resolution. FISCAL IMPACT: None. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: Page 13 of 248

14 APPROVED BY: ATTACHMENTS: Description: Resolution No Ratifying the FPPD Fire Code District Fire Code Ordinance - Exhibit A Type: Backup Material Ordinance ITEM: CC-B Page 14 of 248

15 Resolution No. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RATIFYING THE FIRE CODE ADOPTED BY THE FONTANA FIRE PROTECTION DISTRICT WHEREAS, the Fontana Fire Protection District ( District ) is authorized pursuant to Health and Safety Code section to adopt building standards relating to fire safety that are more stringent than the building standards adopted by the State Fire Marshall and contained in the California Building Standards Code; and WHEREAS, the City of Fontana ( City ) has elected to be included within the District; and WHEREAS, on August 8, 2017, the District held a public hearing and adopted Ordinance No. FFD-003 ( District Fire Code Ordinance ) adopting and amending the 2016 California Fire Code and appendices thereto; and WHEREAS, the District has transmitted the District Fire Code Ordinance to the City for ratification, pursuant to Health & Safety Code section ; and WHEREAS, Section provides that the District Fire Code Ordinance will only take effect upon the City s ratification of the District Fire Code Ordinance; and WHEREAS, the City Council of the City of Fontana ( City Council ) has examined the District Fire Code Ordinance and finds that it provides consistency in the application and enforcement of building and housing standards with an emphasis on local needs, and with the goal of protecting lives and property from fire damage; and WHEREAS, the City Council desires to ratify the District Fire Code Ordinance; and WHEREAS, the City Council wishes to delegate the enforcement of the District Fire Code Ordinance to the District s Chief, or his or her authorized representative. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein \ Page 1 of 2 Page 15 of 248

16 Resolution No. Section 2. Ratification. The City Council hereby ratifies the District Fire Code Ordinance. The Ordinance shall be effective within portions of the District s service area that outside the jurisdictional boundaries of the City but within unincorporated County areas where the City s sphere of influence extends. A true and correct copy of the District Fire Code Ordinance is attached as Exhibit A and incorporated by this reference. Section 3. Enforcement. Pursuant to Health and Safety Code section (h)(1), the City Council directs that the District Fire Code Ordinance shall be enforced within portions of the District s service area that are outside the jurisdictional boundaries of the City but within unincorporated County areas where the City s sphere of influence extends. The Fontana Fire Protection District shall enforce the Fontana Fire Protection District s Code within the City s corporate limits. Section 4. Filing. The City Clerk is hereby directed to file a certified copy of this Resolution and the District Fire Code Ordinance with the California Department of Housing and Community Development. Section 5. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 22 nd day of August, READ AND APPROVED AS TO LEGAL FORM: City Attorney I, Tonia Lewis, City Clerk of the City of Fontana, California, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting thereof, held on the 22 nd day of August, 2017, by the following vote to wit: AYES: NOES: ABSENT: Tonia Lewis, City Clerk Acquanetta Warren, Mayor ATTEST Tonia Lewis, City Clerk \ Page 2 of 2 Page 16 of 248

17 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 ORDINANCE NO. FFD 003 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE FONTANA FIRE PROTECTION DISTRICT, CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING BY REFERENCE THE 2016 EDITION OF THE CALIFORNIA FIRE CODE (INCORPORATING THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE) ALONG WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS. WHEREAS, Health and Safety Code section authorizes the Fontana Fire Protection District ( District ) to adopt a fire prevention code; and WHEREAS, Health & Safety Code section requires that the District, before making any changes or modifications pursuant to Section , make express findings that such changes or modifications are needed due to local climatic, geological, or topographical conditions; and WHEREAS, the District Board does herewith find that the District service area has certain climatic, geological, and topographical features, identified below, that can have a deleterious effect on emergency services such as fire protection and emergency medical services and the modifications and changes herein are reasonably necessary because of such local climatic, geological and topographical conditions; and WHEREAS, the District desires to adopt various amendments to the Fire Code to mitigate, to the extent possible, said deleterious effects; and WHEREAS, the District held a public hearing on August 8, 2017 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Fire Code as amended herein; and WHEREAS, the District published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on July 21, 2017 and July 28, 2017; and WHEREAS, any and all other legal prerequisites relating to the adoption of this ordinance have occurred. THE BOARD OF DIRECTORS OF THE FONTANA FIRE PROTECTION DISTRICT DOES ORDAIN AS FOLLOWS: Section 1. This ordinance is hereby enacted as the Fontana Fire Protection District Fire Code, to read: FONTANA FIRE PROTECTION DISTRICT FIRE CODE Sections: Page 1 of 70 Page 17 of 248

18 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Findings of the California Fire Code. 2. Adoption of the California Fire Code, 2016 edition. 3. Amendments to the California Fire Code. 4. Referenced Codes and Standards. 5. Conflicting Provisions. 6. Validity and Severability. 7. No Liability or Warranty. 8. Authority - General. 9. Authority at Fires and Other Emergencies. 10. Authority to Inspect, Issue Notices and Administrative Citations or Abate a Public Nuisance. 11. Closure of Public and Private Lands. 12. Interference Unlawful. 13. Official Records. 14. Permits Required. 15. Fees. 16. Applications and Permits Abandonment, Period of Validity, Expiration and Extensions. 17. Permits not Transferable. 18. Permit Revocation. 19. Operation or Construction Without a Permit or With an Expired or Revoked Permit. 20. Issuance of Stop Work Orders. 21. Failure to Comply with a Stop Work Order. 22. Service of Notices and Orders. 23. Tampering with Notices, Orders or Seals Unlawful. 24. Overcrowding Unlawful. 25. Obstructed Egress Unlawful. 26. Open Fires. 27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors. 28. Prohibited Storage of Flammable and Combustible Liquids. 29. Prohibited Bulk Storage of Liquefied Petroleum Gases. 30. Prohibited Storage of Flammable Cryogenic Fluids. 31. Transport Vehicles and Trailers Storing Hazardous Materials. 32. Joint Emergency and Fire Apparatus Access Roads. 33. Violations - General. 34. Continuing Violations. 35. Acts Including Causing, Aiding and Abetting. 36. Enforcement Purpose and Remedies. 37. Enforcement Remedies and Penalties are Cumulative and Discretionary; Not Exclusive. 38. Criminal Actions. 39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest. 40. Civil Actions. 41. Administrative Citations and Penalties General. Page 2 of 70 Page 18 of 248

19 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Administrative Citations and Penalties Dangerous Fireworks and Unlawful Use of Safe & Sane Fireworks. 43. Administrative Citations and Penalties Egregious Violations. 44. Administrative Citations and Penalties False and Negligent Fire Alarm Program. 45. Appeal of Administrative Citations. 46. Recording of a Notice of Pendency. 47. Filing Notice of Action. 48. Public Nuisance Abatement of Fire Hazards. 49. Board of Appeals Code Application and Interpretations. 50. Cost Recovery. 51. Treble Damages. 1. Findings of the California Fire Code. The Board of Directors of the Fontana Fire Protection District ( District ) is informed and finds that it is reasonably necessary to adopt the 2016 edition of the California Fire Code ( Code, ) also known as Part 9 of Title 24 of the California Code of Regulations, based on the 2015 International Fire Code, and to amend certain portions to meet particular local conditions existing in the District. The District further finds that some changes and modifications of an administrative or procedural nature, or that are concerning subjects not covered by the Code, are reasonably necessary to safeguard life and property within the District. The District hereby makes the following climatic, geological, and topographical findings, where applicable, to support the proposed amendments to the 2016 California Fire Code made in this Ordinance: (a) The District is subject to relatively low amounts of precipitation, very low humidity levels, and extremely high temperatures. These climatic conditions are conducive to the spread of fire. For example, during July, August and September, temperatures often exceed 100 degrees Fahrenheit. During the same months humidity is usually less than 40%, and humidity measurements less than 10% are not uncommon. These conditions contribute to an increased likelihood of fire. Moreover, minor fires have a greater tendency of spreading rapidly due to such conditions. (Finding applicable to amendments to California Fire Code Sections 305.1, , 308.1, , , ,, , , 311.1, , , 501.3, 503.2, , 503.3, 503.4, , , 505.1, , 507.1, 507.3, , , 509.3, , 608.1, 903.2, , 910.4, 2810 and Appendix B, Section B105.2.) (b) The District is subject to extremely strong winds, commonly referred to as "Santa Ana Winds, which reach speeds in excess of 90 miles per hour. Extensive damage often occurs during such winds including fallen trees; blowing sand and debris; downed utility poles, utility service lines, and structural damage to buildings. These adverse conditions can cause: (1) rapid ignition and growth of Page 3 of 70 Page 19 of 248

20 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 fires, (2) impairment of emergency apparatus access, (3) delays in response times of emergency apparatus, and (4) delays in the extinguishment of fires. These windstorms commonly last from three to seven days. (Finding applicable to amendments to California Fire Code Sections 305.1, , 308.1, , , , , 311.1, , , 503.1, 503.2, , 503.3, 503.4, , , 505.1, , 507.1, 507.3, , , 509.3, , 903.2, 910.4, 2810 and Appendix B, Section B105.2.) (c) The District's neighboring foothills create a unique fire hazard. The hillsides within the District, south of Jurupa Avenue and north of the Interstate 15 Freeway, create a potential for extremely volatile and rapidly developing wildfires due to the presence of highly flammable grassy vegetation, the region's dry climate and frequent hot, dry Santa Ana winds. Fire units are often sent to assist in extinguishing fast moving, wind driven fires within the District and other neighboring foothills which can destroy or damage many structures. As such, these units are then unavailable for fire suppression in other areas of the District. (Finding applicable to amendments to California Fire Code Sections 305.1, , 308.1, , , , , 311.1, , , 503.2, , 503.3, 503.4, , , 505.1, , 507.1, 507.3, , , 508.2, 509.3, , 903.2, 910.4, 2810 and Appendix B, Section B105.2.) (d) The location of the District within the inland valley area is traversed by two major rail lines, three Interstate freeways, and large natural gas distribution lines and electrical transmission lines, resulting in: (1) limited access or truncated access roads, (2) dead end water distribution mains for fire protection, (3) increased fire department response times, and (4) A greater risk of release of hazardous materials. In addition, development has occurred in the District and continues to occur in the District, and such development has resulted in severe traffic congestion during peak business hours, weekends and holidays, thus decreasing response time, particularly on the following streets and highways: Sierra Avenue, Valley Boulevard, Cherry Avenue, Foothill Boulevard, Base Line Road, South Highland Avenue, Citrus Avenue, Slover Avenue, Jurupa Avenue, Arrow Route, San Bernardino Avenue, I-15 Freeway and I-10 Freeway. Such traffic and circulation congestion is an artificially created, obstructive topographical condition creating a situation which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fireextinguishing systems and other protection measures to protect occupants and property from fire hazard. Automatic fire protection systems are the single greatest means of reducing the severity of structural fires and that fire loss in unsprinklered buildings is four times greater than fire loss in sprinklered buildings. Numerous fires have occurred within the District in residential structures (houses, apartments, hotels and motels) over the past several years Page 4 of 70 Page 20 of 248

21 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 that have automatic fire protection systems, and in all of these fires, the automatic fire protection systems have successfully controlled and/or suppressed the fire before the emergency response personnel have been able to arrive at the structure. (Finding applicable to amendments to California Fire Code Sections 503.2, , , , 505.1, 508.2, and Appendix B, Section B105.2.) (e) The District is located in Southern California, in an extremely active seismic region, with high levels of historic earthquake shaking in the recent past (earthquakes measuring larger than a magnitude 5 on the Richter Scale) and can be expected to experience significant strong ground shaking within the foreseeable future. The seismotectonic setting of the District is dominated by the Sierra Madre-Cucamonga fault, which traverses the northern portion of the District, and the District's close proximity to the San Andreas fault (7 miles to the east,) the San Jacinto fault (3 miles to the east) and the Whittier-Elsinore Fault (19 miles to the southwest.) In the event of a severe earthquake, these faults present the potential for catastrophic damage, including fires, damage to roadways, water supply interruptions, failure of communications systems, hazardous materials releases and other impairments of emergency apparatus. (This information is according to maps used by Cal Tech, Pasadena and provided by the U.S. Geological Survey). Existing and planned developments are at risk from structural damage from earthquake faults. Improved standards are necessary to ensure that maximum safety is provided to persons and property. (Finding applicable to amendments to California Fire Code Sections , 503.2, , , , 505.1, and Appendix B, Section B105.2.) (f) Additional amendments and deletions to the California Fire Code are administrative or procedural in nature and reasonable and necessary to safeguard life and property within the District. (Finding applicable to amendments to California Fire Code Chapter 1 and Sections A, 202, 304.4, 403.1, Table 405.2, 503.1, 503.2, 503.4, 503.6, , 608.1, , , , Appendix B, Section B105.2, and Appendix C, Sections C103.1 and C105.1.) 2. Adoption of the California Fire Code, 2016 edition. (a) ADOPTION OF THE CALIFORNIA FIRE CODE. The Board of Directors of the Fontana Fire Protection District hereby adopts the 2016 California Fire Code ( CFC or California Fire Code ), including Chapter 1, along with certain amendments, additions, deletions and exceptions, including penalties, to the California Fire Code, 2016 edition and Appendices attached thereto. The CFC on file in the office of the Secretary of the Board and marked and designated as the California Fire Code as adopted and Page 5 of 70 Page 21 of 248

22 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 amended by the State Building Standards Commission, providing regulations consistent with nationally recognized standard practices to safeguard life, health, property, and public welfare from the hazards of fire and explosion is adopted by reference and made part of this Ordinance, subject to those amendments set forth in this Ordinance. One copy of the CFC has been certified as a true copy and filed with the office of the Secretary of the Board. (b) ADOPTION OF THE INTERNATIONAL FIRE CODE. The Board of Directors of the Fontana Fire Protection District hereby adopts Chapters 4, 8, 11, 25 and 26 in their entirety, as well as specific sections referenced below, of the 2015 edition of the International Fire Code (hereafter also to be known as IFC ), as compiled and published by the International Code Council, and incorporated herein. (c) ADOPTION OF THE SAN BERNARDINO COUNTY FIRE DEPARTMENT FIRE PREVENTION STANDARDS. The Board of Directors of the Fontana Fire Protection District hereby adopts the San Bernardino County Fire Department Fire Prevention Standards (hereafter also to be known as Fire Prevention Standards, ) for informational purposes in clarifying and interpreting provisions of the California Fire Code, its amendments, and referenced Standards. (d) The provisions of the CFC, IFC, subsequent amendments, California Fire Code Appendices and the San Bernardino County Fire Department Fire Prevention Standards shall be collectively known as the Fontana Fire Protection District Code and shall be applicable in all areas of the District. 3. Amendments to the California Fire Code. The 2016 California Fire Code, also known as Part 9 of Title 24 of the California Code of Regulations, is hereby amended as follows: (a) Section of the California Fire Code is amended, to read: Fire investigations. The fire code official shall investigate the cause, origin and circumstances of any fire, explosion or other hazardous conditions. Information that could be related to trade secrets or processes shall not made part of the public record, except as directed by a court of law. (b) Section of the California Fire Code is amended, to read: Information on the permit. The fire code official shall issue all permits required by this code on an approved form furnished for that purpose. The permit shall contain, the name of the permittee, a general description of the operation or occupancy, its location, the conditions of the permit, the period of validity or expiration date and any other information required by the fire code official. Issued permits shall bear the signature of the fire code official or other approved legal authorization. Page 6 of 70 Page 22 of 248

23 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (c) Section of the California Fire Code is amended, to read: Retention of Operational and Construction Permit Documents. One set of construction documents shall be retained by the fire code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. One set of approved construction permit documents shall be returned to the applicant. Documents, including issued permits, conditions, applicable job cards and approved plans, shall be kept on the site of the permitted activity, operation, building, work or premises at all times during which the activity, operation or work authorized thereby is in progress and shall be readily available for inspection. (d) Section is added to the California Fire Code, to read: Automobile Wrecking Yards. An operational permit is required to operate an automobile wrecking yard in accordance with section of this Code. (e) Section is added to the California Fire Code, to read: Battery Systems. An operational permit is required for a stationary storage battery system having an electrolyte capacity of more than 50 gallons as regulated by Chapter 6 of the California Fire Code. (f) Section is of the California Fire Code amended, to read: Carnivals, Fairs, Block Parties and other Outdoor Assemblage. An operational permit is required to conduct a carnival, fair, block party, race, concert, parade or other similar outdoor assemblage whether, public or private, when 1. The event will have an anticipated attendance of 200 or more persons per day, or 2. In the opinion of the Fire Code Official, a permit and specific conditions are required due to the nature or location of the activity. (g) Sections and of the International Fire Code is added to the California Fire Code. (h) Section of the International Fire Code is added to the California Fire Code and amended, to read: Dry Cleaning Plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exception: Dry cleaning plants using only Class IV solvents. (i) Section of the California Fire Code is amended, to read: Page 7 of 70 Page 23 of 248

24 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Explosives. An operational permit is required for the manufacture, storage, handling, sale, use or public display of any quantity of explosives, or explosive materials. Exceptions: 1. Small arms ammunition of.75 caliber or less 2. Cartridges for propellant-actuated power devices 3. Cartridges for industrial guns pounds or less of smokeless powder 5. 5 pounds or less of black sporting powder providing such smokeless or black sporting powder is for the hand loading of small arms or small arms ammunition of.75 caliber or less and that it is for personal use and not for resale. (j) Section is added to the California Fire Code, to read: Fireworks or Pyrotechnics Display. An operational permit is required to conduct a fireworks or pyrotechnics display before a public audience in accordance with Chapter 56 and California Code of Regulations, Title 19. (k) Section is added to the California Fire Code, to read: Fixed Hood and Duct Extinguishing Systems. An operational permit is required to utilize commercial cooking appliances, as defined in Section 602, with a Type I hood and an automatic fire extinguishing system as required by section (l) Sections , , , and of the International Fire Code are added to the California Fire Code. (m) Section of the International Fire Code is added to the California Fire Code and amended, to read: Liquefied Petroleum Gases. An operational permit is required for the storage or use of Liquefied Petroleum Gasses. Exceptions: 1. A permit is not required for two or less 20-pound (nominal 5-gallon) containers. Page 8 of 70 Page 24 of 248

25 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD A permit is not required for individual containers with a 500-gallon (1893 L) water capacity or less serving Group R-3 occupancies as the primary means of fuel for heating or cooking. (n) Sections , , , and of the International Fire Code are added to the California Fire Code. (o) Section A is added to the California Fire Code to read: A Marijuana facilities. An operational permit is required for the operation of a commercial marijuana growing or processing facility. (p) Section of the International Fire Code is added to the California Fire Code and amended, to read: Open Fires. An operational permit is required for the kindling or maintaining of an open fire on any public street, alley, road, or other public or private ground pursuant to Section 21. (q) Section of the International Fire Code is added to the California Fire Code and amended, to read: Open Flames and Torches. An operational permit is required to use a torch or open-flame device in a wildfire risk area. (r) Section of the International Fire Code is added to the California Fire Code and amended, to read: Open Flames in Assemblies and Indoor Uses. An operational permit is required to use open flames for entertainment or decorative purposes in connection with indoor or outdoor assemblies, dining or drinking establishments and other indoor commercial uses. Exception: Candles and small-open flame decorative devices in accordance with Section 308. (s) Fire Code. (t) Section of the International Fire Code is added to the California Section is added to the California Fire Code, to read: Pallet Yards. An operational permit is required to store, manufacture, refurbish or otherwise handle combustible pallets in excess of 200 pallets at a pallet yard facility. (u) Fire Code. Section of the International Fire Code is added to the California Page 9 of 70 Page 25 of 248

26 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (v) Sections through of the International Fire Code are added to the California Fire Code. (w) Section is added to the California Fire Code, to read: Rockets. An operational permit is required to sell or launch model rocket motors, experimental unlimited rocket motors and experimental/high powered rocket motors. Such sales and launching shall be in accordance with Section 22. (x) Fire Code. (y) Section of the International Fire Code is added to the California Section is added to the California Fire Code, to read: Seasonal Sales Lots. An operational permit is required to operate an outdoor display and sales area of seasonal items including, but not limited to, fireworks, pumpkins or Christmas trees. (z) Sections and of the International Fire Code are added to the California Fire Code. (aa) Sections , , , , and of the International Fire Code is added to the California Fire Code. (bb) Section of the California Fire Code is amended, to read: Wood, Manure and Organic Product Storage. An operational permit is required to store or process wood chips, hogged material, lumber, plywood, manure, compost or other combustible organic products in excess of 200 cubic feet (6 m3). (cc) Section is of the California Fire Code amended, to read: Additional Permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the fire code official prior to engaging in the following activities, operations, practices, or functions: 1. Production facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap up parties. 2. Motion picture and still photography production. To use any facility or location for the purpose of documentary, educational, or commercial motion picture, television, or still photography production of any type. A permit is required regardless if pyrotechnic special effects, open flame, use of flammable or combustible liquids and gases, welding, stunts involving vehicles or aircraft, or the parking of motor vehicles will occur or not. Page 10 of 70 Page 26 of 248

27 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Live audiences. To install seating arrangements for live audiences in approved production facilities, production studios, and sound stages. See Chapter 48. (dd) Section is added to the California Fire Code, to read: Dust Collection Systems. A construction permit is required for the installation or modification of dust collection system required pursuant to Chapter 22 and the standards listed in Table (ee) Section is added to the California Fire Code, to read: High-Piled Storage. A construction permit is required for the installation or modification of a high-piled storage area in excess of 500 square feet. (ff) Section is added to the California Fire Code, to read: Marinas. A construction permit is required to construct a marina with facilities for mooring or servicing of 5 or more vessels, or with a marine motor fueldispensing facility as regulated by Chapter 36. (gg) Section of the California Fire Code is amended, to read: Solar photovoltaic power systems. A construction permit is required to install or modify solar photovoltaic power systems. Exception: A permit is not required for a one- or two-family dwelling. (hh) Section is added to the California Fire Code, to read: Refrigeration Systems. A construction permit is required to install or modify a mechanical refrigeration unit or system regulated by Chapter 6. (ii) Section is added to the California Fire Code, to read: Smoke Control Systems. A construction permit is required to install or modify a Smoke Control System required by the California Fire Code or California Building Code. (jj) Section is added to the California Fire Code, to read: Solar Power Generating Stations. A construction permit is required to construct or modify a solar power generation station or system. (kk) Section of the International Fire Code is added to the California Fire Code, to read: Page 11 of 70 Page 27 of 248

28 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Standpipe Systems. A construction permit is required for the installation, modification or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. (ll) Section of the International Fire Code is added to the California Fire Code, to read: Temporary membrane structures and tents. A construction permit is required to erect an air supported temporary membrane structure or tent having an area in excess of 400 square feet (31 m2). Exceptions: 1. Tents used exclusively for recreational camping purpose. 2. Funeral tents and curtains, or extensions attached thereto, when used for funeral services 3. Tents and awnings open on all sides, which comply with all of the following: 3.1 Individual tents shall have a maximum size of 700 square feet (65 m2). 3.2 The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (65 m 2 ) shall not be greater than 700 square feet total. 3.3 A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be maintained. (mm) Chapter 2, Section 202 of the California Fire Code is amended, by adding or amending the following definitions: ALL WEATHER DRIVING SURFACE. Any surface, as determined by a qualified engineer licensed by the State of California, to adequately support the imposed load of a fire apparatus and meets the intent of this Code. APPROVED. As deemed acceptable by the Fire Code Official. BARBECUE GRILL. (Also known as a barbeque or BBQ). A portable or fixed device, constructed of steel, concrete, clay, or other non-combustible material, for the primary purpose of cooking food over a liquefied petroleum-, natural gas-, wood- or charcoalfueled fire. A barbecue may also include an outdoor bread-baking or pizza oven. Page 12 of 70 Page 28 of 248

29 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 BARBECUE PIT. A trench or depression in the ground in which wood or other clean solid fuel is burned to produce a bed of hot coals for the sole purpose of cooking. A barbecue pit having a fuel area greater than 3 feet in width or 2 feet in height shall be considered a bonfire. BONFIRE. An outdoor open fire burning clean materials other than rubbish, where the fuel being burned is not contained in an incinerator, outdoor, fireplace, portable outdoor fireplace or barbecue grill, has a total fuel area greater than 3 feet in width, length or diameter or 2 feet in height, and is used for pleasure, religious, ceremonial, cooking, warmth or other, similar purposes. DEPARTMENT. The Fontana Fire Protection District. DISTRICT. The Fontana Fire Protection District. DRIVEWAY. A privately owned, vehicular access road having a minimum unobstructed width of 12 feet (3658 mm) that serves no more than two Group R, Division 3 or Group U occupancies. FIRE CHIEF. The chief officer of the Fontana Fire Protection District, or a duly authorized representative. FIRE CODE OFFICIAL. The Fire Chief of the Fontana Fire Protection District or a duly authorized representative charged with the administration and enforcement of this code. OPEN BURNING PROJECT. The burning of waste vegetative materials, tree trimmings, agricultural burning, burning of Russian Thistle (tumbleweeds) and other similar burning not otherwise classified as an Open Outdoor Fire, bonfire or recreational fire pursuant to the Mojave, and South Coast Air Quality Management Districts Rule 444. OPEN FIRE. Any outdoor fire including a Barbecue Pit, Bonfire, Open Burning Project, Portable Outdoor Fireplace, Recreational Fire, Residential Burning and burning of items or structures for the purposes of destruction of contraband or for training by law enforcement or fire department personnel. PERSON. Individuals, businesses, general partnerships, limited partnerships, joint ventures, corporations, trust, concern, organization, state and local government entities, heirs, executors, administrators, receivers, or assigns, agents of the aforesaid, and every other legal entity or association having legal obligations subject to the provisions of this code. PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid-fuel burning fireplace constructed of steel, concrete, clay or other non-combustible materials and specifically designed for the containment of fire. A portable outdoor fireplace may have an open design or may have a small hearth opening with a short chimney or opening in the top. Page 13 of 70 Page 29 of 248

30 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 A portable outdoor fireplace having a fuel area greater than 3 feet in width or 2 feet in height shall be considered a bonfire. RECREATIONAL FIRE. An outdoor open fire burning clean materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit, and has a total fuel area equal to or less than 3 feet in width, length or diameter and 2 feet in height for pleasure, religious, ceremonial, cooking, warmth or other, similar purposes. Recreational fires also include any campfire or fire ring. RESIDENTIAL BURNING. The burning of trash, waste materials, tree and yard trimmings or similar for disposal. For the purposes of this code, Residential Burning shall also include the burning of similar items at commercial properties and on vacant properties. SELF-CONTAINED RESIDENTIAL AUTOMATIC SPRINKLER SYSTEM. An approved fire sprinkler system, that conforms to Section , or of this code, NFPA standards 13, 13 R, or 13 D, or California Residential Code Section R313 and Fire Prevention Standards, and is supplied by a water source independent from a municipal water distribution system. If the system is mechanically assisted by booster pumps, it shall be independent from the dwelling s power supply. SKY LANTERNS. Also known as Kongming Lantern, Chinese Lantern, Wish Lantern or similar. A small hot air balloon used for entertainment, lighting or ceremonial purposes, made of paper or similar lightweight material, with an opening at the bottom where a small fire is suspended. Devices that are anchored to the ground or released into the air without manual control fall under this definition. WILDFIRE RISK AREA. Any area located within the Fire Safety Overlay areas identified in the City of Fontana Development Code, and any land otherwise designated by the District, as a Wildland Urban Interface, Very High Fire Hazard Severity Zone, High Fire Hazard Area, No Fireworks Safety Zone or any other land that is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or any other areas so designated by the fire code official. (nn) Sections 303, 305, 306, , 309, 310, , 313, 317 and 318 of Chapter 3 of the International Fire Code are added to Chapter 3 of the California Fire Code. (oo) Section is added to the California Fire Code, to read as follows: Automobile wrecking yards. Automobile wrecking yards and associated combustible materials storage shall be in accordance with Fire Prevention Standards. Page 14 of 70 Page 30 of 248

31 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 Automobile wrecking yards shall require an operational permit in accordance with section 105 of this code. (pp) Section of the California Fire Code is amended, to read: Clearance from Ignition Sources. Clearance between ignition sources such as luminaries, heaters, flame-producing devices and combustible materials shall be a minimum of 18 inches or as required by other applicable codes. (qq) Section is of the California Fire Code amended, to read: Open-flame Warning Devices. Open-flame warning devices shall not be used along an excavation, road or any other place where the dislodgment of such device may permit the device to roll, fall or slide onto any area or land containing combustible materials. Exception: This section shall not apply to public safety personnel acting in the performance of their duties. (rr) Section is added to the California Fire Code, to read: Spark Arrestors. Each chimney used in conjunction with a fireplace, portable outdoor fireplace, or other heating appliance in which solid fuel is burned, shall be maintained with an approved spark arrester. The spark arrester shall have heat and corrosion resistance equivalent to.12-gauge wire, 19-gauge galvanized wire or 24- gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than one-half inch (13 mm) maximum and shall not block the passage of spheres having a diameter of less than three-eighths inch (10 mm). The screen shall be mounted in or over all outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and shall be visible from the ground. All spark arrestors shall be accessible and removable for cleaning. (ss) Section of the California Fire Code is amended, to read: General. Notwithstanding any other provision of this code, open flames, fire and burning on all premises shall be in accordance with Sections through and 19 CCR Sections 325(a) and (b). (tt) Section of the California Fire Code is amended, to read: Torches for removing paint or weeds, for melting asphalt or for welding or cutting. Torches and other flame-producing devices shall not be used to remove paint from any structure or weeds from any premises. Notwithstanding any other provision of this code, persons utilizing a torch or other flame-producing device for melting asphalt or for welding or cutting shall provide a minimum of one portable fire extinguisher complying with Section 906 and with a minimum of a 4-A rating, or two portable fire extinguishers, each with a minimum of a 2-A rating, or a water hose Page 15 of 70 Page 31 of 248

32 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 connected to a working water source. The person conducting the burning or asphalt melting shall remain at the location for a minimum of one hour after the torch or flameproducing device is utilized. (uu) Section of the California Fire Code is amended, to read: Open-Flame Cooking Devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or decks, or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings where provisions are made to prevent the fire from spreading to any combustible materials. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system. 3. LP-gas cooking devices having an LP-gas container with a water capacity not greater than 2 ½ pounds. Containers shall not be manifolded together to increase capacity. 4. Cooking devices heated solely using a catalytic heating element with no flame production. For purposes of this section, the term combustible construction shall meet the definition contained in Section 202 of the California Building Code. (vv) Section of the California Fire Code is amended, to read: Locations Near Combustibles. Notwithstanding Sections and et seq., open flames such as candles, lanterns, kerosene heaters, and gas-fired shall not be located on or near decorative materials or similar combustible materials. (ww) Section of the California Fire Code is added, to read: Sky Lanterns Prohibited. The release or failure to prevent the release of Sky Lanterns into the air without an effective means of control is prohibited. Exception: Sky Lanterns used for scientific or research purposes when reasonable precautions are made to prevent loss of control or the ignition of surrounding combustibles. Persons releasing Sky Lanterns used for scientific or research purposes shall first submit a plan outlining the scientific or research purpose and shall obtain a permit and specific conditions from the Fire Code Official. Page 16 of 70 Page 32 of 248

33 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (xx) Sections 309, of the International Fire Code is added to the California Fire Code. (yy) Section of the California Fire Code is added, to read: General. Temporarily unoccupied buildings, structures, premises, or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with this section and the California Building Code General. Temporarily unoccupied buildings, structures, premises, or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with this section, the California Building Code and the San Bernardino County Code Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the California Building Code and the International Property Maintenance Code as adopted by the local Building Department Tenant spaces. Storage and lease plans required by this Code shall be revised and updated to reflect temporary or partial vacancies Safeguarding vacant premises. Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected in accordance with Sections through Security. Exterior and interior openings accessible to other tenants or unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals. The Fire Code Official is authorized to placard, post signs, erect barrier tape or take similar measures as necessary to secure public safety Fire protection. Fire alarm, sprinkler and standpipe systems shall be maintained in an operable condition at all times. Exceptions: 1. Where the premises have been cleared of all combustible materials and debris and, in the opinion of the Fire Code Official, the type of construction, fire separation distance and security of the premises do not create a fire hazard. 2. Where approved by the Fire Chief, buildings that will not be heated and where fire protection systems will be exposed to freezing temperatures, fire alarm and sprinkler systems are permitted to be placed out of service and standpipes are permitted to be maintained as dry systems (without an automatic water Page 17 of 70 Page 33 of 248

34 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 supply), provided the building has no contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons Fire separation. Fire-resistance-rated partitions, fire barriers and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained. Openings, joints and penetrations in fire-resistance-rated assemblies shall be protected in accordance with Chapter Removal of combustibles. Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove therefrom all accumulations of combustible materials, flammable or combustible waste or rubbish and shall securely lock or otherwise secure doors, windows and other openings to prevent entry by unauthorized persons. The premises shall be maintained clear of waste or hazardous materials. Exceptions: 1. Buildings or portions of buildings undergoing additions, alterations, repairs or change of occupancy in accordance with the California Building Code, where waste is controlled and removed as required by Section Seasonally occupied buildings Removal of hazardous materials. Persons owning or having charge or control of a vacant building containing hazardous materials regulated by Chapter 50 shall comply with the facility closure requirements of Section (zz) Section is added to the California Fire Code, to read: Incidental outside storage of pallets. The incidental outside storage of 200 or fewer pallets shall comply with the provisions of Section of this code. Storage of more than 200 pallets at pallet manufacturing, storage or refurbishing yards shall comply with Fire Prevention Standards. (aaa) Section is added to the California Fire Code, to read: Outside storage of firewood. The outside storage of firewood shall comply with the provisions of Section 315 of this code and Fire Prevention Standards. (bbb) Section is added to the California Fire Code, to read: Storage of motor vehicles and trailers. Outside storage of automobiles, trucks, recreational vehicles, trailers and other similar vehicles on a temporary or permanent basis shall meet the requirements of the Fire Prevention Standards. Exceptions: 1. Parking of vehicles at wholesale or retail sales lots. Page 18 of 70 Page 34 of 248

35 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Parking lots for public or private use where vehicles are parked or stored on the premises without being moved for a period not exceeding 30 days. (ccc) Sections of the International Fire Code are added to the California Fire Code, and amended to read: Special requirements for public safety. Special requirements for public safety shall be in accordance with Sections through Fire watch personnel. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall provide one or more fire watch personnel, as required and approved. Fire watch personnel shall comply with Sections and and San Bernardino County Fire Protection District Fire Prevention Standards Duty times. Fire watch personnel shall remain on duty while places requiring a fire watch are open to the public, or when an activity requiring a fire watch is being conducted Duties. On-duty fire watch personnel shall have the following responsibilities: 1. Keep diligent watch for fires, obstructions to means of egress and other hazards. 2. Take prompt measures for remediation of hazards and extinguishment of fires that occur. 3. Take prompt measures to assist in the evacuation of the public from the structures. (ddd) Sections of the International Fire Code is added to the California Fire Code, and amended, to read: Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections through Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet ( mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: 1. The fire code official is authorized to increase the dimension of 150 feet ( mm) where any of the following conditions occur: Page 19 of 70 Page 35 of 248

36 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Unless required by another section of this Code, the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section , or Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided There are not more than two Group R-3 or Group U occupancies. 2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (eee) Section of the International Fire Code is added to the California Fire Code, and amended, to read: Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections through In addition, all fire apparatus access roadways shall meet Fire Prevention Standards. (fff) Section of the International Fire Code is added to the California Fire Code and amended, to read: Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 26 feet (7925 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet, 6 inches (4420 mm.) Roadways that provide fire apparatus access to buildings having occupied floors that are greater than two stories above such adjacent roadways shall have an unobstructed width of 30 feet (9144 mm.) Exceptions: 1. One-way access roads may have an unobstructed width of not less than 20 feet. 2. Driveways of one- and two-family dwellings shall be a minimum of 12 feet in width. 3. Required access road dimensions may be modified when, due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the Fire Code Official determines that the conditions cannot be met. Page 20 of 70 Page 36 of 248

37 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (ggg) Section of the International Fire Code is added to the California Fire Code. (hhh) Section of the International Fire Code is added to the California Fire Code and amended, to read: Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced in order to provide an all weather driving surface capable of supporting an imposed load of at least 75,000 pounds. Where road grades do not exceed eight percent (8%), and where serving only one- or two-family dwellings or accessory Group U occupancies, the fire code official may approve roads constructed with approved native materials or gravel compacted to eighty five percent (85%) compaction. (iii) Sections of the International Fire Code are added to the California Fire Code. (jjj) Section of the California Fire Code is amended, to read: Grade. The grade of a fire apparatus access road or driveway shall be a maximum of twelve percent (12%). Exceptions: 1. The grade of a fire apparatus access road or driveway may be increased to fourteen percent (14%) for a distance not to exceed 500 feet with the approval of the Fire Code Official based upon specific circumstances. 2. Where more restrictive local City of Fontana requirements apply. (kkk) Section of the International Fire Code is added to the California Fire Code. (lll) Code. Section of the International Fire Code is added to the California Fire (mmm) Section of the California Fire Code is amended, to read: Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section shall be maintained at all times. Any condition that serves as an impediment to fire access, or any vehicle or other obstruction to fire access may be removed at the orders of the Department or other governing agency in cooperation with the Department, with the expense of such removal to be paid by the owner of the roadway, or of said vehicle or obstruction. Page 21 of 70 Page 37 of 248

38 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (nnn) Section is added to the California Fire Code, to read: Traffic Calming Devices. Traffic calming devices shall be prohibited unless approved by the Fire Code Official in accordance with the Fontana Fire Protection District Fire Prevention Standards. (ooo) Sections of the International Fire Code are added to the California Fire Code. (ppp) Section of the California Fire Code is amended, to read: Security Gates. The installation of security gates across a fire apparatus access road shall be approved by the Fire Code Official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and the Fontana Fire Protection District Fire Prevention Standards. (qqq) Section is added to the California Fire Code, to read: Foam Cornices. Buildings with cornices or other trim at the edge of a roof or parapet wall made of expanded foam plastic or other similar materials shall be installed in accordance with Fire Prevention Standards in order to allow a reliable surface on which a ladder can be used to access the roof. (rrr) Section of the California Fire Code is amended, to read: Address numbers. Newly constructed and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a prominent position that is plainly legible and visible from the street or road fronting the property. If there is more than one building on a lot and only one number is assigned, the number shall be posted on the principal building or the building nearest the street. These numbers shall contrast with the background to which they are attached. Address numbers shall be Arabic numerals or alphabet letters. Such address numbers shall be electrically illuminated by an internal or external source during the hours of darkness. (sss) Sections of the California Fire Code are added, to read: Single family residential dwelling units. All new residential dwelling units, other than multifamily dwelling units, shall, in addition to the requirements of Sec of the California Fire Code, be posted with address numbers that are: Page 22 of 70 Page 38 of 248

39 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Internally electrically illuminated so as to be visible during the hours of darkness; and 2. Where building setbacks exceed 100 feet (30.5 m) from the street or would otherwise be obstructed, numbers shall be displayed on an independent structure, such as a post, at the property entrance. These additional numbers are not required to be illuminated, but shall be reflective and meet the requirements of this section Multifamily, commercial, and industrial buildings less than 100,000 square feet. All new multifamily, commercial, industrial, and other non-residential use buildings less than 100,000 square feet (9290 m2) in area shall, in addition to the requirements of Sec of the California Fire Code, be posted with address numbers that are: 1. Not less than eight inches (204 mm) in height, with a minimum stroke width of 1 inch (25.5 mm); and 2. Where building setbacks exceed 200 feet (61 m) from the street, or the numbers on the building would not be visible or would otherwise be obstructed, additional numbers shall be displayed on an independent structure, at the property entrance. These additional numbers shall not be less than six inches (153 mm) in height, with a minimum stroke width of 0.75 inches (19 mm) and shall otherwise meet the requirements of this section Multifamily, commercial, and industrial buildings 100,000 square feet or larger. All new multifamily, commercial, industrial, and other non-residential use buildings 100,000 square feet (9290 m2) or larger in area shall, in addition to the requirements of section 505 and all other local requirements, be posted with address numbers that are: 1. Not less than twelve inches (306 mm) in height, with a minimum stroke width of 1.5 inch (38 mm); and 2. Where building setbacks exceed 200 feet (61 m) from the street, or the numbers on the building would not be visible or would otherwise be obstructed, additional numbers shall be displayed on an independent structure, at the property entrance. These additional numbers shall not be less than six inches (153 mm) in height, with a minimum stroke width of 0.75 inches (19 mm) and shall otherwise meet the requirements of this section Illuminated directory. All new multiple dwelling unit complexes of 5 or more units shall be provided with an illuminated directory at each entry, clearly visible and within the setback area. The directory shall at a minimum consist of a diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. Page 23 of 70 Page 39 of 248

40 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Individual units. All individual residential units or tenant lease spaces in a new multifamily, commercial, or industrial building shall be posted with identification numbers, not less than 3 inches (76 mm) in height, that are electrically illuminated and easily visible to approaching vehicular and/or pedestrian traffic Rear addressing. Any business which affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers on the rear of the building. (ttt) Section of the California Fire Code is amended, to read: Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. In areas without a water purveyor capable of supplying the required water supply, National Fire Protection Association standard 1142 (current edition) shall be used to establish on-site water storage capacities, when allowed by the fire code official. Exceptions: 1. For single one- and two-family dwellings and attached garages, and accessory Group U occupancies, not part of a parcel map, tentative tract or other similar planned development, where an adequate water supply cannot be provided by a water purveyor or well, the following alternatives may, when approved by the fire code official, be considered in lieu of an adequate water supply: a) The structure shall be located a minimum 50 foot setback of 50 feet from all property lines, or b) Provide other approved alternate means and methods as approved by the Fire Code Official. (uuu) Section is added to the California Fire Code, to read: Temporary Water Supply. When approved by the fire code official, a temporary water supply may be provided for buildings under construction, prior to such buildings being occupied. Temporary water supplies shall be in accordance with San Bernardino County Fire Protection District Fire Prevention Standards. (vvv) Section of the California Fire Code is amended, to read: Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method below or Appendix B. Exceptions: Page 24 of 70 Page 40 of 248

41 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD For single one- and two-family dwellings and attached garages, and accessory Group U occupancies, not part of a parcel map, tentative tract or other similar planned development, where an adequate water supply cannot be provided by a water purveyor or well, the following alternatives may, when approved by the fire code official, be considered in lieu of an adequate water supply: a) The structure shall be located a minimum 50 foot setback of 50 feet from all property lines, or b) Provide other approved alternate means and methods as approved by the Fire Code Official. (www) Section of the California Fire Code is amended, to read: Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91.5 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. Exceptions: 1. For Group R-3 and attached Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section , or , the distance requirement shall not be more than 600 feet (183 m). 2. Single one- and two-family dwellings and attached garages, not part of a parcel map, tentative tract or other similar planned development, equipped with an approved automatic residential fire sprinkler system or an approved self-contained residential automatic sprinkler system, shall not be required to provide an on-site hydrant when allowed by the Fire Code Official. (xxx) Section of the California Fire Code is added, to read: Redundant water supplies. New on-site fire hydrant water systems that serve buildings greater than 100,000 square feet (9,290 m2) in floor area shall have two separate remote connections to the public water system designed and constructed in accordance with NFPA and Fire Prevention Standards and approved by the fire code official. (yyy) Section is added to read the California Fire Code, to read: Fire Control Room. A fire control room for fire department operations shall be provided in all newly constructed Group S-1 and S-2 distribution warehouses greater than 300,000 square feet (27,870 m2) in floor area. The location and accessibility of the Page 25 of 70 Page 41 of 248

42 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 fire control room shall be approved by the fire code official. The fire control room shall be separated from the remainder of the building by walls and ceilings not less than onehour fire partitions and shall have at least one exterior access door of not less than 3-0 (918 mm) in width by 6-8 (2040 mm) in height. The room shall be a minimum of 96 square feet (9m 2 ) with a minimum dimension of 8 feet (2438 mm) and shall contain the following as a minimum: 1. The fire alarm control unit and associated equipment, including an annunciator panel displaying status of sprinkler control valves and waterflow detectors. 2. Main controls and indicators for mechanical smoke exhaust systems. 3. A printed graphic exhibit(s) showing the building floor plan, automatic sprinkler systems, fire alarm systems, smoke exhaust systems, fire department access doors, and any other equipment as required by the fire code official. 4. Other firefighting equipment and system controls as required by the fire code official. (zzz) Section is added to read the California Fire Code, to read: Access to equipment in multi-unit buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main controls and control appurtenances, such as risers, fire alarm control panels, and valves for such systems, shall be located in an attached or included room or an approved weather resistant enclosure with at least one exterior access door of not less than 3-0 (918 mm) in width by 6-8 (2040 mm) in height. (aaaa) Chapter 6 of the California Fire Code is amended, as follows: (bbbb) Section of the California Fire Code is amended, to read: Fuel Oil. The grade of fuel oil used in a burner shall be that for which the burner is approved as stipulated by the burner manufacturer. Oil containing gasoline or other materials, and used or crankcase oil shall not be used. (cccc) Section of the California Fire Code is amended, to read: Scope. Stationary storage battery systems having an electrolyte capacity of more than 50 gallons (189 L) for flooded lead-acid, nickel cadmium (Ni-Cd), and valveregulated lead-acid (VRLA), or 1,000 pounds (454 kg) for lithium-ion and lithium metal polymer, used for facility standby power, emergency power, uninterrupted power supplies, and powering industrial trucks and equipment shall comply with this section and Table Page 26 of 70 Page 42 of 248

43 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (dddd) Section of the California Fire Code is amended, to read: Non-required fire protection systems. Any fire protection not required by this code or the California Building Code shall be allowed to be furnished provided such installed system meets the requirements of this Code, the California Building Code, and the Fire Prevention Standards. (eeee) Section of the California Fire Code is added, to read: Partially Protected Structures. Notwithstanding any other provisions of this code or specific exemptions, no building or structure shall be partially furnished with a new fire protection system. Exception: Existing structures or buildings currently not protected when the only fire protection system being installed is part of a Type I commercial cooking hood and duct system, other than an automatic sprinkler system, or any other system required by Table (ffff) Section of the California Fire Code, is added, to read: Theft deterrents. The fire code official is authorized to require installation methods, mechanisms, or other technology that will serve to deter theft or tampering with fire protection appliances. (gggg) Section of the California Fire Code is amended, to read: Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections through Notwithstanding the requirements of Sections through an automatic fire-sprinkler system shall be installed and maintained in all new construction as follows: 1. All buildings, structures, additions to existing structures, or parts thereof, hereafter constructed, erected or moved onto a property, regardless of the existence of separation walls as prescribed in the California Building Code. 2. When there is a change of use or occupancy of a building or structure which exceeds 5,000 square feet (465 m 2 ) in gross floor area and which would place the building or structure in a different division of the same group of occupancy or in a different group of occupancies. Exceptions: 1. Subject to the approval and concurrence of the fire chief and the building official, sprinklers may be omitted where they are considered undesirable because of the Page 27 of 70 Page 43 of 248

44 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 nature of the contents of a building or structure. Alternative fire extinguishing systems, as determined by the chief may be required. Sprinklers shall not be omitted from any building, structure or room merely because it is damp, contains electrical equipment, is constructed out of noncombustible materials, or is constructed out of fire-resistive construction. 2. Buildings and other structures of 200 square feet (18.6 m 2 ) or less in gross floor area. 3. Additions to existing buildings or structures of less than 5,000 square feet in gross floor area, when the total gross floor area of the addition(s) over a period of five years does not exceed 50 percent of the total gross floor area of the existing building or structure. If the addition is required to be fire sprinklered, the automatic fire sprinkler system shall be installed throughout the entire existing building or structure as well as the addition. 4. If the change of use or occupancy of a building or structure places the proposed new use in a less hazardous occupancy group, based on life or fire risk, than the existing use. 5. Structures that have an open roof or that are open on three or more sides, such as, but not limited to, patio covers, gazebos, carports, awnings, canopies, or equipment enclosures. 6. Public restrooms, snack bars and storage buildings located within city parks, excluding community centers. (hhhh) Section of the California Fire Code is added, to read: High-piled combustible storage. Smoke and heat removal required by Table for buildings and portions thereof containing high-piled combustible storage shall be installed in accordance with Section in unsprinklered buildings. In buildings and portions thereof containing high-piled combustible storage equipped throughout with an automatic sprinkler system in accordance with Section , a mechanical smoke and heat removal system shall be installed in accordance with Section In occupied portions of a building equipped throughout with an automatic sprinkler system in accordance with Section where the upper surface of the story is not a roof assembly, a mechanical smoke removal system in accordance with Section shall be installed. (iiii) Section of the California Fire Code is amended, to read: Mechanical smoke exhaust. Engineered mechanical smoke exhaust systems conforming to the requirements of Section of this code shall be provided in all newly constructed Group S-1 and S-2 distribution warehouses greater than 300,000 square feet (27,870 m2) in floor area, and shall be an acceptable alternative to smoke and heat vents in all other occupancies. (jjjj) Chapter 28 of the California Fire Code is amended, as follows: Page 28 of 70 Page 44 of 248

45 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (kkkk) Section 2810 is added to the California Fire Code, to read: SECTION 2810 STORAGE OF COMBUSTIBLE IDLE PALLETS General. Incidental storage of more than 200 combustible idle pallets and any storage of pallets at pallet manufacturing, storage and refurbishing yards shall be in accordance with Fire Prevention Standards. An operational permit shall be obtained in accordance with Section (llll) Appendix B of the California Fire Code is amended as follows: B105.2 Buildings other than one and two family dwellings. The minimum fireflow and flow duration for buildings other than one- and two- family dwellings shall be as specified in table B Exception. A reduction in required fire-flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section or A reduction in required fire flow of up to 75 percent is allowed for isolated buildings of Group U occupancy, agricultural uses, or other low hazard uses when approved by the fire code official. The resulting fire flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B105.1 (mmmm) amended, to read: Section C103.1 of Appendix C of the California Fire Code is C103.1 Fire hydrants available. The number of fire hydrants available to a complex or subdivision shall not be less than that determined by spacing requirements specified in Section C105.1 when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted. read: (nnnn) Section C103.3 of Appendix C of the California Fire Code is amended, to C103.3 Maximum Spacing. The maximum spacing between fire hydrants shall be allowed to be 1000 feet (305m) with the approval of the Fire Code Official where protecting only incidental hazards and not structures. Fire hydrants shall comply with the San Bernardino County Fire Protection District Fire Prevention Standards. Spacing of fire hydrants along public streets shall also be guided by other County or City public works standards. read: (oooo) Section C105.1 of Appendix C of the California Fire Code is amended, to Page 29 of 70 Page 45 of 248

46 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 C105.1 Hydrant Spacing. The average spacing between fire hydrants shall not exceed that specified by the Fire Prevention Standards, specifically, 300 feet (91m) apart in industrial, commercial and multifamily development, and 600 feet (183m) apart in all single family development. Spacing of fire hydrants along public streets shall also be guided by other County or City public works standards. Exception: The fire code official is authorized to accept a deficiency of up to 10 percent where existing fire hydrants provide all or a portion of the required fire hydrant service. (pppp) Table C105.1 of Appendix C of the California Fire Code is deleted. (qqqq) Section C103.2 of Appendix C of the California Fire Code is deleted. 4. Referenced Codes and Standards. The codes and standards referenced in this Code shall be those that are listed in California Fire Code Chapter 80, and the Fire Prevention Standards. Such codes, standards and interpretations shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between this code and the referenced standards, the fire code official shall determine which requirements meet the intent of this code. 5. Conflicting Provisions. Where there is a conflict between a general requirement and a specific requirement, the fire code official shall determine which requirement meets the intent of this code. Provisions of the California Code of Regulations that are included in this code specifically or by reference shall prevail except where this code contains a more restrictive requirement. 6. Validity and Severability. This Code shall not be in conflict with state or federal law. If any section, subsection, sentence, clause or phrase of this Code or the application thereof is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this Code are severable. 7. No Liability or Warranty. The District, or any political subdivision or district that contracts with the District, and their employees or agents shall not be held liable for any act or omission to act done in good faith reliance upon state law, or the ordinance, codes, standards, interpretations, policies or procedures of the District. The District, or any political subdivision or district that contracts with the District, and their employees or agents shall not be held liable for Page 30 of 70 Page 46 of 248

47 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 the negligence of, nor as the guarantor of proper performance by, any person or entity holding any license, permit, certificate, registration, privilege or other entitlement from the District. 8. Authority - General The fire code official shall implement, administer, and enforce the provisions of this code and shall have the authority to render interpretations of the code, and the standards of the National Fire Protection Association. The fire code official shall also have the authority to adopt policies, procedures, rules and regulations in order to clarify the application of this code. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent of this code. Violations of any interpretation, policy, procedure, rule or regulation shall be considered a violation of the provisions of this code. 9. Authority at Fires or Other Emergencies. (a) The Fire Chief, Fire Code Official or any officer of the Fontana Fire Protection District in charge at the scene of a fire or other emergency involving the protection of life or property shall have the authority to direct operations as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks, or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such authority, the Fire Chief, Fire Code Official or officer is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove or cause to be removed, or keep away from the scene any person, vehicle, vessel or thing which could impede or interfere with the operations of the fire department. (b) The Fire Chief, Fire Code Official or officer of the District in charge at the scene of a fire or other emergency is authorized to place ropes, tape, flagging, barricades, guards or other obstructions across any street, alley, place, driveway or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful operations of the fire department to manage and control the situation and to allow the safe operation of fire, rescue and investigation apparatus. (c) The Fire Chief, Fire Code Official or officer of the District in charge at the scene of a fire or other emergency is authorized to disconnect or authorize disconnection of utility service to any building, structure, vehicle or system in order to safely execute emergency operations or to eliminate an immediate hazard. 10. Authority to Inspect, Issue Notices and Administrative Citations or Abate a Public Nuisance. (a) Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the fire code official has reasonable cause to believe that there exists in a building or premises any conditions or activity requiring a permit authorized Page 31 of 70 Page 47 of 248

48 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 by this code, or reasonably believes that there are any violations of this code which make a building, premises, condition or activity unsafe, dangerous or hazardous, the fire code official and those personnel designated by the fire code official are authorized to enter, at all reasonable times, upon any property, premises, enclosure, structure, vehicle or vessel within the District to determine whether the building, property, premises, enclosure, structure, vehicle, vessel, condition or activity is in compliance with this Code, or whether a violation of this Code has occurred or is occurring, and to make any inspection as may be necessary in the performance of their enforcement duties, to issue a Notice of Correction, Notice of Violation or to issue a Stop Work Order or citation. (b) The fire code official and those persons designated by the fire code official are authorized to take of photographs, samples, or other physical evidence, and make video and/or audio recordings. All such entries and inspections shall be done in a reasonable manner. If an owner, lawful occupant, or the respective agent, employee, or representative thereof, refuses permission to enter and/or to inspect, the District may seek an administrative inspection warrant pursuant to the procedures provided by California Code of Civil Procedure Sections through , as may be amended from time to time, or the successor provisions thereto. (c) The fire code official and those persons designated by the fire code official are authorized to investigate, detain, and issue criminal or administrative citations for any violation of this Code or of the provisions of any code or standard adopted and incorporated by reference by this Code. (d) Any violation of this Code, the California Fire Code, the Fire Prevention Standards or of the provisions of any code adopted and incorporated by reference by this Code may be deemed a fire hazard by the fire code official and acted upon pursuant to the public nuisance abatement provisions of the Fontana City Code or the San Bernardino County Code. 11. Closure of public and private lands. When it is determined by the Fire Code Official that conditions exist on public lands within a Wildfire Risk Area that present an immediate, exceptional, or continuing danger, the Fire Chief is authorized to close the affected areas and prohibit the entry of the general public. Prior to closure of private property, notification of the closure shall be made to any concerned property owners and consent obtained. Upon closing and prohibiting entry to public lands, signs shall be posted at the entry points of the affected areas indicating that the area is closed due to the existence of dangerous conditions and that entry is prohibited. Prior to closing and prohibiting entry to any State or Federally controlled lands, notification shall be made and consent obtained from the Director of Forestry and Fire Protection or U.S. Forest Service, as appropriate. Any public highway traversing such a closed area, shall, however, be excluded from the order of closure, and the closure to entry does not prohibit or curtail the entry or use of the lands by the owner of the lands or his agent, nor the entry by any federal, state or Page 32 of 70 Page 48 of 248

49 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 county or city officer upon the closed area in the performance of his official duties. All state, county and city law enforcement officers shall enforce the order of closure. 12. Interference Unlawful. (a) It shall be unlawful for any person or entity to deny access to, interfere with, prevent, restrict, obstruct, or hinder employees or agents of the Fontana Fire Protection District acting within the scope of their duty. (b) It shall be unlawful for any person to render a system or device inoperative during an emergency unless by direction of the Fire Chief, Fire Code Official or officer of the Fontana Fire Protection District in charge at the scene of a fire or other emergency. 13. Official Records. The fire code official shall keep official records as required by Sections through Such official records shall be retained for not less than five (5) years or for as long as the structure or activity to which such records relate remains in existence, or in accordance with local City or County records retention policies. 14. Permits Required. A permit is required to conduct any activity, business, construction, work or use of equipment or to install or modify systems or equipment requiring a permit pursuant to Section 105 of the California Fire Code. Permits shall be obtained from the fire code official. Permit fees shall be paid prior to the issuance of the permit. 15. Fees. (a) Reasonable fees, not to exceed the actual costs, for any permit, license, inspection, plan or technical review, related work or services required pursuant to this Code, the California Fire Code or the Fire Prevention Standards shall be paid pursuant to a fee schedule established by action of the Board of Directors, as may be amended from time to time. (b) Any person who conducts any activity, business, construction, work or use of equipment or to install or modify systems or equipment requiring a permit pursuant to Section 105 prior to obtaining said permits shall be subject to an additional fee, which shall be in addition to the required permit. 16. Applications and Permits Abandonment, Period of Validity, Expiration and Extensions. (a) An application for a permit for any proposed work or operation and its associated fee shall be deemed to have been abandoned if the applicant fails to submit any required documentation within one hundred eighty (180) days after the date of filing or Page 33 of 70 Page 49 of 248

50 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 the date an application or plans have been returned by the Department for correction, or the date the Department has requested additional information or documentation. The Fire Code Official is authorized to grant one or more extensions of time to submit such documentation or corrections for a period not to exceed ninety (90) days. All requests for extension shall be made, in writing, by the applicant prior to abandonment and shall provide justifiable cause to extend the application review period. (b) Permits issued under the provisions of this code shall remain in effect as follows: (1) Operational permits shall remain in effect for a period of time as specified in the permit, not to exceed one (1) year from issuance or until revoked. (2) Construction permits shall automatically expire and become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred within one hundred eighty (180) days of any previous inspection. (3) After a construction permit becomes invalid or expired and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be payable according to the approved fee schedule, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Permits which have been expired for one year or more shall be deemed invalid and will require a new application, payment of fees and submittal of plans and review. (4). Notwithstanding any other provision of law, construction permits that have expired and are renewed are subject to any new applicable codes as would be required for a new project. (c) A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The fire code official is authorized to grant, in writing, one or more extensions of the time period of a permit for periods of not more than one hundred eighty (180) days each. Such extensions shall be requested by the permittee in writing and justifiable cause shall be demonstrated. The fire code official shall have the right to refuse a permit extension if it is determined that the permittee has no justifiable cause. If a permit extension is refused, the provisions of this section shall apply upon expiration. 17. Permits not Transferable. Page 34 of 70 Page 50 of 248

51 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (a) For operational permits, any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. (b) Pursuant to Business and Professions Code , only a contractor, licensed by the State of California to perform the type of work proposed in the permit application, may apply for and be issued, a construction permit required pursuant to Section et seq. of the California Fire Code. Any change of contractor named to conduct the permitted work shall require that a new permit be issued. EXCEPTIONS: (1) Owner-Builders intending to occupy the single-family dwelling in which they obtain a permit to install a fire protection system if they have not constructed more than two such dwellings in the past year pursuant to Business and Professions Code Section (2) Public agencies and those public utilities exempted pursuant to Business and Professions Code Section 7040 et seq. 18. Permit Revocation. The fire code official is authorized to revoke a permit issued pursuant to Section 105 of the California Fire Code when it is found by inspection or otherwise that conditions including, but not limited to, any one of the following occurred: (a) The permit is used for a location or establishment other than that for which it was issued; (b) (c) The permit is used for a condition or activity other than that listed on the permit; Conditions and limitations set forth in the permit have been violated; (d) There have been false statements or misrepresentations as to the material facts in the application for permit or submitted plans or a condition of the permit; (e) The permit is used by a different person or firm than the name for which it was issued; or (f) The permittee failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this code within the time provided therein. (g) If a permit is revoked for any of the above reasons, the permit fee shall be abandoned. (h) If the permit was issued in error or in violation of any state or federal law, local ordinance, regulation, this Code or the Fire Prevention Standards, the permit may be Page 35 of 70 Page 51 of 248

52 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 revoked. However, if any permit is revoked for this reason the permit fee shall be returned to the applicant. 19. Operation or Construction Without a Permit or With an Expired or Revoked Permit. It shall be unlawful for any person to operate or allow the operation of any activity, business, construction, work or use of equipment or to install or modify systems or equipment requiring a permit pursuant to Section 105 of the California Fire Code when said permits have not been obtained or said permits have expired or have been revoked. 20. Issuance of Stop Work Orders. (a) The fire code official is authorized to issue an order requiring any activity, business, construction, work or use of equipment to immediately cease whenever it is found that such activity, business, construction, work or use of equipment is being performed in a manner in violation of this Code or in a dangerous or unsafe manner. Stop work orders may also be issued for any overcrowding beyond the approved capacity of a building. (b) A stop work order shall be issued in writing and shall be given to the permittee or his agent, or to the person conducting the activity, business, construction, work or use of equipment if no permit has been issued. The stop work order shall state the reason for the order and the conditions under which the stopped activity, business, construction, work or use of equipment may resume. (c) A device, tag or seal preventing the use of equipment in violation of this code or posing a hazard may be affixed to the equipment at the time a stop work order is issued. (d) The fire code official may immediately abate or cause to be abated any overcrowding situation, or remove or cause to be removed any obstructions in aisles, passageways or other means of egress, including the cutting or removing of locks, chains or other means of sealing or blocking exits. (e) Where an emergency or potential emergency exists, the fire code official shall not be required to give written notice prior to stopping the work, abating an overcrowding situation or removing an obstruction that would prevent immediate egress in the event of an emergency. (f) Upon issuance of a stop work order, the non-compliant, dangerous or unsafe activity, business, construction, work or use of equipment, overcrowding situation, or egress obstruction shall immediately cease or be abated. 21. Failure to Comply with a Stop Work Order. Page 36 of 70 Page 52 of 248

53 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 It shall be unlawful for any person to continue any activity, business, construction, work or use of equipment after being issued a stop work order, except such work as that person is directed to perform by the Fire Code Official to remove a violation or unsafe condition. 22. Service of Notices and Orders. Notices and Orders issued pursuant to this code shall be served in the following manner: (a) If a permittee or his agent, or the person conducting the activity, business, construction, work or use of equipment or other responsible party is present at the scene of the violation, the notice or order shall be issued by personal service. (b) If the responsible party is a business, and the business owner is on the premises, the notice or order shall be personally served to the business owner. If the business owner is not on the premises and the only responsible party that can be located is the manager or on-site supervisor, the notice or order may be issued in the name of the business and a copy given to the manager or on-site supervisor. A copy of the notice or order shall also be mailed to the business owner by certified mail, return receipt requested, and by first class mail. If a copy of the notice or order that is sent by certified mail is returned by the United States Postal Service unsigned or marked unclaimed and/or refused, then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. (c) If a responsible party cannot be located at the premises or the activity, business, construction, work or use of equipment is located at an unattended or abandoned site, then a copy of the notice or order shall be posted in a conspicuous place on or near the site or equipment, if practicable, and a copy mailed by certified mail, return receipt requested, and by first class mail, to each responsible party at their last known addresses as they appear on the last County equalized assessment role, or any other available public records related to title or ownership of the property or equipment that is the subject of the notice or order. If the copy of the notice or order sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked unclaimed and/or refused, then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. (d) The failure of any responsible party to receive a copy of the notice or order shall not affect the validity of the notice or order. 23. Tampering with Notices, Orders or Seals Unlawful. It shall be unlawful to mutilate, destroy or tamper with or remove without authorization any notice, order, tag, sign, or seal posted or affixed by the fire code official. Page 37 of 70 Page 53 of 248

54 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Overcrowding Unlawful. It shall be unlawful for any person to allow overcrowding or admittance of any person beyond the approved capacity of a building or portion thereof. 25. Obstructed Egress Unlawful. It shall be unlawful for any person to obstruct any aisle, passageway or other means of egress, or to lock, chain, bar or otherwise block any required means of egress. 26. Open Fires. (a) General. It shall be unlawful for any person to kindle, or maintain an open fire, or for a person to allow an open fire to be kindled or maintained on their property except in accordance with the provisions of this section and the Fire Prevention Standards. (b) Permit Required. When required pursuant to this section, a permit shall be obtained from the Fontana Fire Protection District prior to kindling any open fire. EXCEPTION: Barbecues used at one- and two-family dwellings unless otherwise regulated. (c) Prohibited Open Fires. It shall be unlawful to kindle, or maintain, or to allow to be kindled or maintained on their property any of the following open fires anywhere within the jurisdiction of the Fontana Fire Protection District: (1) Any open fire that is offensive or objectionable because of smoke emission, ember production, or when local atmospheric conditions or circumstances make such fires hazardous. (2) Any open fire in which any waste or manufactured material, including but not limited to petroleum products and petroleum wastes; construction and demolition debris; coated wire; putrescible wastes; tires; tar; tarpaper; nonnatural wood waste; processed or treated wood and wood products; metals; rubber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured products; equipment; instruments; utensils; appliances; furniture; cloth; rags; paper or paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead animal; manure; human or animal parts or wastes, including blood; and fecal- and food-contaminated material, hazardous materials or wastes, paints, asbestos, trees, or other similar combustible or flammable solid, liquid or gaseous waste are burned. (3) Any open fire in which wire is burned to remove insulation. Page 38 of 70 Page 54 of 248

55 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (4) Any open fire in which metals or motor vehicle bodies are burned to recover salvageable components. (5) Any open fire using a burn barrel as prohibited pursuant to 17 CCR Section 93113(c)(2). (6) Residential burning and Open Fires within the South Coast Air Quality Management District (SCAQMD) boundaries. EXCEPTIONS: (A) Open Burning Projects permitted by the fire code official where a fire hazard is declared by the Fire Code Official and such fire hazard cannot be abated by any other means. (B) Open Burning Projects within the SCAQMD boundaries conducted solely for the disposal of Russian Thistle or agricultural burning and under permit by the SCAQMD. (C) Open Fires conducted for fire prevention or suppression training, prescribed burns conducted by fire protection agencies, fireworks displays and pyrotechnic special effects under permit, and bomb, explosives, fireworks or contraband disposal or training by a law enforcement or fire protection agency. (D) (E) Recreational Fires conducted in accordance with this Section. Barbecues and Barbecue Pits (7) Any other open fire conducted in violation of this Code or the Fire Prevention Standards. (d) Special Burn Prohibitions. It shall be unlawful to kindle, or maintain any open fire, or allow any open fire to be kindled or maintained on their property under the following conditions: (1) An Open Burning Project or Residential Burning on any day other than a Permissive Burn Day as declared by the Air Quality Management District in which the burning will occur. (2) An Open Burning Project, Residential Burning, Bonfire, or Barbecue Pit on a property within any Wildfire Risk Area as defined in Section 202. EXCEPTIONS: (A) A Bonfire or Barbecue Pit may be kindled within a Wildfire Risk Area if within an Organized Camp or other location with the specific written Page 39 of 70 Page 55 of 248

56 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 approval of the fire code official and all requirements of this Section are adhered to. (B) Open Burning Projects permitted by the fire code official where a fire hazard is declared by the fire code official and such fire hazard cannot be abated by any other means. (3) When local sustained winds exceed ten (10) miles per hour. EXCEPTION: Covered barbecues, or Recreational Fires confined to a permanent fire ring and fueled solely by liquefied petroleum gas or natural gas, or Portable Outdoor Fireplaces fueled solely by liquefied petroleum gas or natural gas. (4) Within the boundaries of a State Responsibility Area, including private property, in violation of any requirements or burn restriction imposed by the California Department of Forestry & Fire Protection (CalFire) or the California Office of the State Fire Marshal. (5) Within the boundaries of the San Bernardino National Forest, including private property, in violation of any requirements or burn restriction imposed by the Forest. (6) Within the boundaries of the Bureau of Land Management (BLM) land, including private property, in violation of any requirements or burn restriction imposed by BLM. (7) When a Red Flag Warning or Fire Weather Watch is in effect for the location in which the fire is to be kindled. EXCEPTION: Covered barbecues, or Recreational Fires confined to a permanent fire ring and fueled solely by liquefied petroleum gas or natural gas, or Portable Outdoor Fireplaces fueled solely by liquefied petroleum gas or natural gas. (8) When the fire code official has determined that local atmospheric or other conditions present an increased risk of an escaping fire or other hazardous situation. (e) Authorization. (1) A permit to kindle a fire shall only be issued to the owner of the property upon which the fire is to be kindled. Page 40 of 70 Page 56 of 248

57 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 EXCEPTION: When written authorization from the property owner is provided, a permit may be issued to the person named in the authorization. (2) Prior to applying for a permit to conduct an Open Burning Project, written authorization or a permit from the Air Quality Management District (AQMD) for the area in which the burning will occur must be provided. When authorized by the AQMD, the Fire District may issue that permit. (f) Extinguishment Authority. The fire code official is authorized to order or cause the extinguishment of any fire that creates or adds to a hazardous condition, creates smoke emissions offensive to occupants of surrounding properties, is conducted without a permit when such a permit is required, or is conducted outside of the parameters set forth in this section or a permit, when required. This authority includes ordering the extinguishment of a fire within the fireplace of a private residence when such a fire meets the criteria above. (g) Specific Fire Requirements. All open fires shall also meet the following requirements: (1) Open Burning Projects. All Open Burning Projects shall meet the requirements of this section and the requirements of Rule 444 of the AQMD in which the Open Burning Project will occur. (A) Permits. A permit to kindle or maintain an Open Burning Project shall be obtained from the AQMD and the fire code official prior to kindling the fire. All conditions of the permit and the AQMD s Rule 444 shall be adhered to. (B) Burn Periods. Open Burning Projects shall only be commenced and shall be completed within the periods specified in Rule 444 of the AQMD in which the burn will occur, the periods specified in the municipal code of the city or town in which the burn will occur, or the periods specified in the Fire Prevention Standards, whichever is most restrictive. (C) Location. 1. Open Burning Projects shall not be located less than 50 feet from any structure or combustible materials. EXCEPTION: When burn piles do not exceed three (3) feet in width or two (2) feet in height, the minimum distance from a structure or other combustible materials may be reduced to twentyfive (25) feet. Page 41 of 70 Page 57 of 248

58 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Open Burning Projects may only take place at the location for which the permit is issued. (D) Open Burning Project Piles. (2) Bonfires. 1. Piles to be burned shall not exceed 6 feet in width or four (4) feet in height. 2. Piles to be burned shall be separated by a minimum of ten (10) feet. 3. Piles to be burned shall not be placed in a pit or depression. (A) Permits. A permit to kindle or maintain a Bonfire shall be obtained from the fire code official prior to kindling the fire. All conditions of the permit shall be adhered to. (B) Location. A bonfire shall not be kindled or maintained within fifty (50) feet from any structure or combustible materials. EXCEPTION: When a bonfire is confined to a barbecue pit and is used solely to produce coals for cooking, the minimum distance from a structure or other combustible materials may be reduced to thirty (30) feet. (3) Recreational Fires. (A) Permits. A permit to kindle a Recreational Fire shall be obtained from the fire code official pursuant to this section prior to kindling the fire. All conditions of the permit shall be adhered to. EXCEPTION: When a Recreational Fire, confined to a permanent fire ring, is fueled solely by liquefied petroleum gas or natural gas, a permit is not required. (B) Location. 1. A Recreational Fire shall not be kindled or maintained within 25 feet of a structure or combustible materials. EXCEPTION: When a Recreational Fire, confined to a permanent fire ring, is fueled solely by liquefied petroleum gas or natural gas, the minimum distance from a structure or other combustibles may be reduced to 15 feet Page 42 of 70 Page 58 of 248

59 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Recreational Fires located within a Wildfire Risk Area shall only be kindled within the property of an inhabited residence or a designated campsite. (4) Portable outdoor fireplaces. (A) Permits. A permit to kindle a fire in a Portable Outdoor Fireplace used within a Wildfire Risk Area shall be obtained from the fire code official prior to kindling the fire. All conditions of the permit shall be adhered to. EXCEPTION: When a Portable Outdoor Fireplace is fueled solely by liquefied petroleum gas or natural gas, a permit is not required. (B) Location. 1. A Portable Outdoor Fireplace used within a Wildfire Risk Area shall not be kindled or maintained within 15 feet of a structure or combustible materials. EXCEPTION: At one- and two-family dwellings only, a Portable Outdoor Fireplace may be located on a combustible patio or balcony if provisions are made to prevent to Portable Outdoor Fireplace from contacting any combustible materials. 2. Portable Outdoor Fireplaces shall not be located on any patio or balcony which is part of a multi-family dwelling such as an apartment, or attached townhomes or condominiums. (C) Spark Arrestors. All Outdoor Fireplaces, portable or fixed, shall have a spark arresting screen covering all openings and constructed in accordance with Section of the California Fire Code, as amended. (5) Barbecues and Barbecue Pits. A fire in a Barbecue Pit with total fuel area greater than 3 feet in width or 2 feet in height shall meet the requirements of a Bonfire pursuant to Section 26(G)(2). (A) Permits. 1. A permit to kindle a fire in a barbecue is not required. Page 43 of 70 Page 59 of 248

60 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD A permit to kindle a fire in a Barbecue Pit shall be obtained from the fire code official prior to kindling the fire. All conditions of the permit shall be adhered to. (B) Location. 1. Barbecues shall not be operated on combustible balconies or decks, or within 10 feet of combustible construction. EXCEPTIONS: A. One- and two-family dwellings where provisions are made to prevent the fire from spreading to any combustible materials. B. Where buildings, balconies and decks are protected by an automatic sprinkler system. C. LP-gas cooking devices having an LP-gas container with a water capacity not greater than 2 ½ pounds. Containers shall not be manifolded together to increase capacity. D. Cooking devices heated solely using a catalytic heating element with no flame production. 2. A Barbecue Pit shall not be kindled or maintained within 20 feet of a structure or combustible materials. (h) All Open Fires shall be constantly attended by a responsible adult, 18 years of age or older, until the fire is completely extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment such as dirt or sand with a shovel, water barrel, hose attached to a working water source, or water truck, shall be available for immediate utilization. (i) Ash and Ember Disposal. Ashes and embers from any open fire, barbecue or fireplace shall be placed only in a covered metal or other non-combustible container after being thoroughly cooled with water. At no time shall ashes or embers be deposited in the trash or on the ground, or placed on a combustible surface until it is confirmed that the ashes or embers are no longer hot to the touch. 27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors (a) It shall be unlawful for any person to manufacture, store, possess, handle, sell, use, launch or create a public display of any Explosive, Firework, Pyrotechnic, Rocket Page 44 of 70 Page 60 of 248

61 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 or Rocket Motors except in accordance with this California Fire Code Chapter 56, the Fire Prevention Standards and any provision of any code or standard adopted or incorporated by reference by this code. EXCEPTIONS: (1) The Armed Forces of the United States, Coast Guard or National Guard. (2) Explosives in forms prescribed by the official United States Pharmacopoeia. (3) The possession, storage and use of small arms ammunition when packaged in accordance with DOT packaging requirements. (4) The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities. (5) Items preempted by federal regulations. (b) The storage of explosives and blasting agents is prohibited in residential areas, principal business districts, closely-built commercial areas and heavily-populated areas, except as permitted by the San Bernardino County Sheriff s Department and the Fontana Fire Protection District in accordance with California Code of Regulations, Title 19, and the San Bernardino County Code. (c) The possession, storage, sale, handling and use of specific types of approved fireworks within the jurisdictional limits of the City of Fontana shall be in accordance with Article XIII of Chapter 15 of the Fontana City Code, provided such fireworks comply with California Code of Regulations, Title 19, and labeled Safe and Sane by the California State Fire Marshal. Unless otherwise permitted, the possession, storage, use, sale and handling of any fireworks is prohibited within the unincorporated area of the County of San Bernardino that lies within the District. (d) The fire code official and his designees are authorized to seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks, including but not limited to, Division 1.4G consumer fireworks, as classified pursuant to Title 49 Code of Federal Regulations, possessed, offered or exposed for sale, stored or held in violation of any state or local laws and ordinances. (e) The use of model and high-power rockets is prohibited within Wildfire Risk Areas as defined in California Fire Code Section 202 (as amended) except as permitted by the Fontana Fire Protection District. (f) Permits shall be required as set forth in California Fire Code Section (as amended) and regulated in accordance with this section. Permits shall be obtained Page 45 of 70 Page 61 of 248

62 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 from the Fontana Fire Protection District and the San Bernardino County Sheriff's Department in accordance with the San Bernardino County Code to: (1) manufacture, possess, store, sell, display or otherwise dispose of explosive materials at any location; (2) transport explosive materials; (3) use explosive materials; (4) operate a terminal for handling explosive materials; or (5) transport blasting caps or electric blasting caps on the same vehicle with explosives. (g) In addition to the requirements set forth in this chapter, the Sheriff's Department or the District may, for the safety and security of the public, set additional requirements for a permit application. The Sheriff's Department shall notify the District, as soon as practicable, when any application has been made for an explosives permit for a specific location and purpose. (h) The fire code official is authorized to limit the quantity of explosives, explosive materials, or fireworks permitted at a given location. No person, possessing a permit for storage of explosives at any place, shall keep or store an amount greater than authorized in such permit. Only the kind of explosive specified in such a permit shall be kept or stored. (i) Whenever a new explosive material storage or manufacturing site is established, including a temporary job site, the local law enforcement agency, fire department, and local emergency planning committee shall be notified by the person establishing the site forty-eight (48) hours in advance, not including Saturdays, Sundays and holidays, of the type, quantity and location of explosive materials at the site. (j) The fire code official is authorized to cause to be removed or disposed of by trained explosives personnel, at the expense of the owner, explosives or explosive materials offered or exposed for sale, stored, possessed or used in violation of this chapter. (k) Notwithstanding any other provisions of Federal and State law, the manufacture, storage, handling, sale, use or public display of any quantity of explosives, explosive materials, fireworks or pyrotechnics including pyrotechnic special effects, model rockets, high-power rockets and experimental rockets shall meet the requirements of this code and Fire Prevention Standards as well as the following requirements, whichever are most restrictive: (1) Explosives: Page 46 of 70 Page 62 of 248

63 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (A) California Health and Safety Code Division 11, Part 1 (B) 19 CCR, Division 1, Chapter 10, (D) NFPA 495. (2) Fireworks Manufacture, Transportation, Storage, and Sales: (A) California Health and Safety Code Division 11, Part 2 (B) 19 CCR, Division 1, Chapter 6, (C) NFPA (3) Fireworks Display: (A) California Health and Safety Code Division 11, Part 2 (B) 19 CCR, Division 1, Chapter 6, Article 5, (C) NFPA 1123 (4) Pyrotechnics: (A) California Health and Safety Code Division 11, Part 2 (B) 19 CCR, Division 1, Chapter 6, Article 15, (C) NFPA (5) Model Rockets: (A) 19 CCR, Division 1, Chapter 6, Article 17, (B) NFPA (6) Experimental Rockets/Unlimited: (A) 19 CCR, Division 1, Chapter 6, Article 16, (B) NFPA 1127 (7) Experimental High-Power Rockets: (A) 19 CCR, Division 1, Chapter 6, Article 18, Page 47 of 70 Page 63 of 248

64 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (B) NFPA 1127 (8) Manufacture of Rocket Motors: (A) 19 CCR, Division 1, Chapter 6, (B) NFPA 1125 (l) Prior to conducting a public fireworks display, a permit shall be applied for as specified in section from the Fontana Fire Protection District, permit fees shall be paid, and plans for the display, inspections of the display site and demonstrations of the display operations shall be approved. A plan establishing procedures to follow and actions to be taken in the event that a shell fails to ignite in, or discharge from, a mortar or fails to function over the fallout area or other malfunctions shall be provided to the fire code official. 28. Prohibited Storage of Flammable and Combustible Liquids. The storage of flammable and combustible liquids in outside above-ground unprotected tanks and below-grade vaulted tanks is prohibited in all commercial occupancy areas, developed residential areas, and other areas where the fire code official determines that the installation of flammable and combustible liquid above-ground storage tanks or below-grade vaulted tanks will create a hazard to occupants and property owners in the area. Deviation from these requirements may be allowed only upon specific documented findings by the fire code official. 29. Prohibited Bulk Storage of Liquefied Petroleum Gases. The aggregate capacity of any one installation for the bulk storage of liquefied petroleum gases shall not exceed two thousand (2,000) water gallons in residential areas. In non-residential areas, when, in the opinion of the fire code official, the location of bulk storage of liquefied petroleum gases would create a threat to the occupants and property owners, the aggregate storage capacity of liquefied petroleum gas shall also be limited to two thousand (2,000) water gallons. The fire code official shall be guided by the appropriate City or County Development Code when permitting the storage of liquefied petroleum gas in excess of two thousand (2,000) water gallons at any one installation. 30. Prohibited Storage of Flammable Cryogenic Fluids. Pursuant to Section of the California Fire Code, flammable cryogenic fluids shall not be stored, dispensed or used unless a written plan, submitted by a Fire Protection Engineer, licensed by the State of California, detailing engineering controls for preventing fires and explosions is approved by the Fire Code Official. Page 48 of 70 Page 64 of 248

65 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Transport vehicles and trailers storing hazardous materials. (a) Any transport vehicle with a trailer, such as a tank, vessel, or other container, attached and used for the purposes of storing and transporting hazardous materials or hazardous waste as defined by this code, upon being at a facility or property for more than thirty (30) days, or when such trailer has been detached from its mode of transportation, or when the driver of such a vehicle is not carrying active shipping papers as regulated by the California Department of Transportation (DOT) enroute to another destination, shall comply with the provisions of this section. (b) General. Transport vehicles and trailers that contain less than or equal to the maximum allowable quantities as set forth in Section 5003 of the California Fire Code for each specific material shall comply with the requirements of Chapter 50 of the California Fire Code, as well as any other applicable regulations as part of a facility. Transport vehicles and trailers that contain more than the maximum allowable quantities as set forth in Section 5003 for each specific material shall comply with the requirements of Chapter 50 of the California Fire Code of this Code, as well as any other applicable regulations relevant to a facility. The use, dispensing and handling of any hazardous materials from transport vehicle trailers shall be prohibited unless approved in writing by the Fire Code Official. (c) Submittals. Transport vehicles and associated trailers shall comply with the requirements of Section for Hazardous Materials Management Plan (HMMP) and Section for Hazardous Materials Inventory Statement (HMIS) as part of a regulated facility. These documents shall be submitted to the Hazardous Materials Division of the San Bernardino County Fire Department. (d) Prohibited Areas. Transport vehicles or detached trailers storing hazardous materials shall not be left stationary at any time within 500 feet (152m) of a residential area, apartment or hotel complex, educational facility, hospital or care facility. Transport vehicles and trailers shall not be left unattended at any other place that would, in the opinion of the Fire Code Official, pose an extreme life safety hazard. 32. Joint emergency and fire apparatus access roads. Emergency and fire apparatus access roads passing through multiple parcels shall comply with the following requirements: (a) Each owner of real property through which a joint emergency access road passes shall record an easement, running with the land, with the deed of each affected property allowing joint access to and from other properties and for emergency access. (b) Each owner of property upon which the easement shall pass shall provide a notarized covenant agreeing to provide an emergency access road through each property and to maintain that access road in accordance with the statutes, regulations Page 49 of 70 Page 65 of 248

66 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 and standards applicable at the time the easement was recorded for full term of ownership of the property. (c) Each owner of property through which the easement shall pass shall provide a notarized waiver with the deed releasing the Fontana Fire Protection District, its successors and the City of Fontana of any liability for any inability to provide fire suppression or emergency medical aid due to lack of access and shall further stipulate that the Fontana Fire Protection District, its successors and the City of Fontana shall not be party to any criminal, civil or administrative action relating to the maintenance of the easement unless the action is brought forth by the District, its successors, or the City. 33. Violations General. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any requirement of this Code, the California Fire Code, the Fire Prevention Standards, or of the provisions of any code adopted and incorporated by reference by this Code. 34. Continuing Violations. Each and every day, and any portion of which, any violation of this Code, the California Fire Code, the Fire Prevention Standards or of the provisions of any code adopted and incorporated by reference by this Code is committed, continued, or permitted shall be deemed a new and separate offense and shall be punishable or actionable as set forth in this Code. 35. Acts Including Causing, Aiding and Abetting. Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding or abetting such act or omission. 36. Enforcement Purpose and Remedies. The Board of Directors of the Fontana Fire Protection District has determined that the enforcement of the Ordinances of the District (also known as the Fontana Fire Protection District Code) throughout the District is an important public service and is vital to the protection of the public s health, safety, and quality of life. The Board of Directors has determined a need for alternative methods of code enforcement and that a comprehensive system is necessary. At the discretion of the Department, violations of this Code may be addressed through the institution of a criminal action, a civil action, or an administrative action (administrative citations and penalties) as set forth in this Code. 37. Enforcement Remedies and Penalties are Cumulative and Discretionary; Not Exclusive. Page 50 of 70 Page 66 of 248

67 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 All remedies and penalties provided for in this Code shall be cumulative and discretionary and not exclusive of other applicable provisions of this Code or other applicable State law. The conviction and punishment (whether by fine, imprisonment, or both) of any person hereunder pursuant to a criminal action, or the imposition of a monetary administrative penalty pursuant to an administrative citation, shall not relieve such person from the responsibility of correcting, removing, or abating the violation; nor prevent the enforced correction, removal, or abatement thereof by the District, its employees, agents, or representatives. The correction, removal, or abatement of a violation begun after the issuance of a criminal citation or the filing of a criminal complaint shall not be a defense to the infraction or misdemeanor so charged and, following a conviction or plea of nolo contendere, shall not be grounds for the dismissal of the action or the waiver, stay, or reduction of any fine established in this Code. Further, the procedures established in this Code for the use of administrative citations, and the procedures established in other titles and chapters of this Code for administrative abatement and summary abatement as means for addressing violations of this Code shall be in addition to criminal and civil or other legal or equitable remedies established by law which may be pursued to address violations of this Code. The use of this chapter shall be at the sole discretion of the District. In the exercise of such discretion in selecting an appropriate code enforcement remedy, the District shall not be required to institute available code enforcement remedies in any particular order, or to prefer the application of one remedy to another. 38. Criminal Actions. (a) Criminal penalties for violations. Any person violating this Code, the California Fire Code, the Fire Prevention Standards or of the provisions of any code adopted and incorporated by reference by this Code, unless as otherwise specified for certain sections or for sections within a certain chapter, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. (1) Misdemeanor violations. Upon conviction of a misdemeanor, or upon a plea of nolo contendere (commonly called no contest ), the penalty shall be a base fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), or by imprisonment in County jail for a period of not more than six (6) months, or by both such base fine and imprisonment. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine. (2) Infraction violations. Notwithstanding the foregoing, a misdemeanor violation may be cited, charged, and prosecuted as an infraction. Where so prosecuted, or where specified in a section or chapter of this Code that the violation of a certain section or sections shall be an infraction, then that shall be the type of offense and each such violation shall be punishable, except as otherwise provided herein, upon conviction or upon a plea of nolo contendere (commonly called no contest ), by a base fine not exceeding one hundred Page 51 of 70 Page 67 of 248

68 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 dollars ($100.00) for a first violation; (2) a base fine not exceeding five hundred dollars ($500.00) for a second violation of the same Code section within one year; and (3) a base fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same Code section within one year of the first violation. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine (Government Code 25132). (b) Criminal citations. (1) If any person is arrested by a District Investigator or any other peace officer authorized to enforce this Code for a violation of any provision of this Code, whether punishable as misdemeanor or as an infraction, and such person is not immediately taken before a magistrate, when authorized by and as more fully set forth in the Penal Code of California, the arresting officer shall prepare in duplicate a written notice to appear in Court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in Court. (2) The place specified in the notice to appear shall be the Court of a magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such Court to receive a deposit of bail. (3) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his or her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. (4) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail which in his or her judgment, in accordance with the provisions of Penal Code 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Penal Code 815a. The defendant may, prior to the date upon which he or she promised to appear in Court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his or her discretion order that no further proceeding shall be had in such case. (5) Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County Treasury for distribution pursuant to Penal Code Page 52 of 70 Page 68 of 248

69 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (6) No warrant shall issue on such charge for the arrest of a person who has given such promise to appear in Court, unless and until he or she has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. (7) When a person signs a written promise to appear at the time and place specified in the written promise to appear, and has not posted bail as provided in Penal Code 853.6, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his failure to appear as promised; or if such person promises to appear before an officer authorized to accept bail, other than the magistrate, and fails to do so on or before the date on which he or she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense. (8) Nothing herein contained shall be deemed or construed to require any arresting officer to issue a citation instead of taking the person arrested before a magistrate as otherwise provided by law. 39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest. (a) District Investigators designated by the Fire Chief are peace officers pursuant to California Penal Code Section (a), shall have full peace officer powers pursuant to that Section and shall investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. District Investigators are authorized to wear and carry authorized firearms, conduct investigative detentions, issue criminal citations, to make arrests pursuant to California Penal Code Section 836 for any violation of this Code, the Fire Prevention Standards or any referenced or state law, obtain and execute warrants and to seize and take charge of all physical evidence relating to the fire cause or other crime or circumstance being investigated. 40. Civil Actions. (a) Injunctive relief and abatement. At the request of any person authorized to enforce this Code, the District Counsel or County of San Bernardino District Attorney may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this Code, the California Fire Code, the Fire Prevention Standards or of the provisions of any code adopted and incorporated by reference by this Code or any permit issued pursuant to this Code, or any condition(s) of approval for such permit granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly and severally liable for the civil penalties and/or abatement costs. Page 53 of 70 Page 69 of 248

70 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (b) Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this Code, or any permit issued pursuant to this Code, the California Fire Code, the Fire Prevention Standards or any condition(s) of approval for such permit granted pursuant thereto, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation for each day or any portion thereof, that the violation continues to exist. In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the violation; the nature and persistence of such conduct; the length of time over which the conduct occurred or was repeated; the assets, liabilities, and net worth of the violator; whether the violator is a corporate entity or an individual; and any corrective action taken by the violator. (c) Attorney s fees. In any civil action, administrative proceeding (excluding administrative citations issued pursuant to 41, 42, 43 or 44), or special proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order, attorney s fees may be recovered by the prevailing party and shall not exceed the amount of reasonable attorney s fees incurred by the District in that action or proceeding. 41. Administrative Citations and Penalties - General. (a) Any violation of this Code, the California Fire Code, the Fire Prevention Standards or of the provisions of any code adopted and incorporated by reference by this Code is subject to enforcement through the issuance of an administrative citation and penalties in accordance with Government Code and this section. Administrative citations may be issued for any violation of this Code not occurring in the presence of the officer issuing the citation where the issuing officer determines through investigation that the responsible party committed, caused, allowed, or is otherwise responsible for the violation. The following procedures shall govern the imposition, enforcement, collection, administrative review, and judicial review of administrative citations and penalties. (b) Definitions. For the purposes of this Code, certain words are defined as follows: (1) Abatement costs shall mean any and all costs or expenses reasonably related to the abatement or removal of conditions which violate any provision of this Code or the correction of such violation, and shall include, but not be limited to, enforcement, investigation, collection, administrative costs, and attorney s fees. (2) Administrative costs shall mean all costs incurred by or on behalf of the District from the first discovery of the violation of this Code through the appeal process and until compliance is achieved, including but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, Page 54 of 70 Page 70 of 248

71 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 preparing investigation reports, sending notices, preparing for and attending any appeal hearing, telephone contacts, and correspondence. (3) Administrative citation shall mean a citation issued pursuant to this Code, stating that one or more violations of this code has occurred and stating the amount of the administrative penalty to be paid by the responsible party. (4) Ordinances of the Fontana Fire Protection District, and Fontana Fire Protection District Code, and this Code shall mean the Ordinances of the Fontana Fire Protection District, including all pertinent provisions of state codes as from time to time adopted and incorporated therein, enacted by the Board of Directors of the Fontana Fire Protection District, acting pursuant to authority granted under California Health and Safety Code 13861, 13869, and ; or other applicable law. (5) City shall mean the City of Fontana, a political subdivision of the State of California. (6) District shall mean the Fontana Fire Protection District. (7) Enforcement Officer shall mean any Fontana Fire Protection District employee, or agent of the District with the authority to enforce any provision of this Code, pursuant to Sections 32, 34 and 35 of this Code. (8) Person shall mean, without limitation, any government entity, natural person, firm, association, club, organization, corporation, partnership, business, business trust, company or other entity, which is recognized by law as the subject of rights or duties. (9) Responsible party, for the purpose of this Code at 34 Administrative Citations and Penalties, shall mean: (A) Each person, other than a minor, who commits or causes a violation of any provision of this Code to occur, exist, or continue; (B) Each person who is the parent or legal guardian of the minor person who commits or causes a violation of any provision of this Code to occur, exist, or continue; (C) Each person who has a legal or equitable ownership interest in any parcel of real property located within the Fontana Fire Protection District and who commits, causes, or otherwise allows the violation of any provision of this Code to occur, exist, or continue on such parcel; and (D) Each person who, although not an owner, nevertheless has a legal right or legal obligation to exercise possession and control over any parcel Page 55 of 70 Page 71 of 248

72 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 of real property located within the Fontana Fire Protection District, and who commits, causes, or otherwise allows the violation of any provision of this Code to occur, exist, or continue on such parcel; and (E) In addition to the business entity itself, each person who is an owner of that business entity in those cases in which the commission, occurrence, existence, or continuation of the violation of any provision of this Code is most reasonably attributable to that business entity and not to an employee of that business entity. (c) Content of Citation. The administrative citation shall be issued on a form approved by the Fontana Fire Protection District in consultation with District Counsel. The administrative citation form may be tailored to the specific needs of the issuing department as approved by the Fontana Fire Protection District; however, all administrative citations shall contain the following information: (1) The name and mailing address of the responsible party. (2) The administrative citation shall refer to the date(s) and location of the violation and the approximate time(s), if applicable, that the violation was observed. (3) The administrative citation shall identify each violation by the applicable section number of this Code and by either the section s title or a brief descriptive caption; or by reference to the applicable permit describing the condition violated. (4) The administrative citation shall describe the action(s) required to correct the violations. (5) The administrative citation shall require the responsible party to immediately correct the violation where appropriate or otherwise indicate a compliance deadline date and shall explain the consequences of failure to correct the violation. (6) The administrative citation shall state the amount of the penalty imposed for the violation. Multiple violations may be listed on the same citation form. In the event of multiple violations, the administrative citation shall list the penalty amount for each violation and the total amount of all of the penalties. (7) The administrative citation shall contain a notation box for the enforcement officer to indicate whether or not the citation is issued as a warning only and without penalty. The administrative citation shall also include a notation box that may be used by the enforcement officer to indicate that the penalty will be waived if the violation is corrected by the compliance deadline date indicated on the citation form. Page 56 of 70 Page 72 of 248

73 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (8) The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty within this time period. (9) The administrative citation shall identify all appeal rights and include instructions on how to appeal the citation. (10) The administrative citation shall contain the printed name and the signature of the enforcement officer issuing the citation and, where reasonably possible to obtain it, the signature of the responsible party (or managing employee if the responsible party is a business entity), if he or she can be located, as set forth in subsection (d) below. (d) Service of Citation. (1) If the responsible party is present at the scene of the violation, the enforcement officer shall attempt to obtain his/her signature on the administrative citation and shall deliver a copy of the administrative citation to him/her. (2) If the responsible party is a business, and the business owner is on the premises, the enforcement officer shall attempt to deliver the administrative citation to the business owner. If the enforcement officer is unable to serve the business owner on the premises and the enforcement officer can only locate the manager or on-site supervisor, the administrative citation may be issued in the name of the business and a copy given to the manager or on-site supervisor. A copy of the administrative citation shall also be mailed to the business owner by certified mail, return receipt requested, and by first class mail. If a copy of the administrative citation that is sent by certified mail is returned by the United States Postal Service unsigned or marked unclaimed and/or refused, then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. (3) If a responsible party cannot be located at the property, then a copy of the administrative citation shall be posted in a conspicuous place on or near that property, if practicable, and a copy mailed by certified mail, return receipt requested, and by first class mail, to all responsible parties at their last known addresses as they appear on the last County equalized assessment role, or any other available public records related to title or ownership of the property that is the subject of the administrative citation. If the copy of the administrative citation sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked unclaimed and/or refused, then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. (4) The failure of any responsible party to receive a copy of the administrative citation shall not affect the validity of the proceedings. Page 57 of 70 Page 73 of 248

74 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (e) Administrative Penalties - General. (1) Pursuant to California Government Code and 25132(c) and unless otherwise provided in this Code, the amount of penalty to be imposed for a violation of this code and assessed by means of an administrative citation shall be one hundred dollars ($100.00) for the first occurrence of a violation; five hundred dollars ($500.00) for the second occurrence of the same violation; and one thousand dollars ($1,000.00) for the third and each subsequent occurrence of the same violation. Notwithstanding this paragraph, the amount of penalty to be assessed by means of an administrative citation may be established by resolution of the Board of Directors of the Fontana Fire Protection District. (2) Administrative Penalties Multiple Violations. Notwithstanding the tables of administrative penalties for violations relating to Dangerous Fireworks, Safe and Sane Fireworks, False and Negligent Alarms and those violations defined as egregious violations, when multiple violations of this Code, the California Fire Code, and the Fire Department Fire Prevention Standards or any provision of a code or standards adopted or incorporated by reference by this Code occur concurrently and are addressed through the Administrative Citation process pursuant to this Section, the fire code official may, at his discretion, assess administrative penalties in the following manner: (A) The administrative penalty for the first and second violation occurring concurrently shall be the full penalty as defined by Section 34(e)(1). (B) The administrative penalties for the third and subsequent violations occurring concurrently may be reduced to twenty-five dollars ($25.00) per violation. (C) This alternative penalty system shall only apply to the first occurrence within a one (1) year period. (3) If the violation is not corrected within the time limits established in this section, then additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above. (A) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the Fontana Fire Protection District or any other enforcement agency authorized to issue administrative citations pursuant to Section 35, subsection (3). (B) The penalties assessed shall be payable to the District (or to the District s designated collection/processing agent), or to any enforcement agency authorized to issue administrative citations (or to such agency s Page 58 of 70 Page 74 of 248

75 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 designated collection/processing agent) within thirty (30) calendar days from the date the administrative citation is issued. (C) Except as provided below, any person who fails to pay to the District (or the District s designated collection/processing agent), or to any enforcement agency authorized to issue administrative citations (or such agency s designated collection/processing agent) any penalty imposed pursuant to the provisions of this Code on or before the date that the penalty is due shall also be liable for the payment of any applicable late payment charges as established by the Board of Directors. (D) The District may collect any past due administrative citation penalty or late payment charge by use of any available means, including without limitation, the recording of a notice of lien, describing the real property affected and the amount of the costs and administrative citation penalties claimed by the District with the Office of the County Recorder. The District may transmit notice of the award of abatement costs and administrative citation penalties, or notice of the judgment thereon arising from a collection or other legal action, to the Treasurer/Tax Collector who shall place the amount thereof on the assessment role as a special assessment to be paid with County taxes, unless sooner paid. The District may also recover its collection costs. A judgment or award of such costs, penalties or damages may also be enforced in any other manner provided by law. (E) The District may also recover its administrative costs incurred in defending the citation at the appeal hearing. (F) All administrative citation penalties collected pursuant to these provisions shall be deposited into specific funds maintained by or on behalf of the District exclusively for the purpose of funding the enforcement of this Code. 42. Administrative Citations and Penalties Dangerous Fireworks, and Unlawful Use of Safe & Sane Fireworks. Refer to Article XIII of Chapter 15 of the Fontana City Code. 43. Administrative Penalties Egregious Violations. (a) Any person who violates Section 21 relating to Stop Work Orders, Section 23 relating to tampering with notices, Section 24 relating to overcrowding, Section 25 relating to obstructed egress, Section 26 relating to unlawful open fires, and Section 27 relating to explosives and pyrotechnics or any other violation of this Code, the California Fire Code, the Fire Prevention Standards or of the provisions of any code adopted or incorporated by reference by this Code that is reasonably determined by the fire code official to present an immediate or potentially immediate threat to public safety, shall be Page 59 of 70 Page 75 of 248

76 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 subject to the imposition and payment of an increased administrative penalty as provided in the table below: Administrative Penalties for Egregious Violations Number of Occurrences in a 1-Year Period Amount of Administrative Penalty Late Charge Total Amount of Penalty Plus Late Charge First $ $25.00 $ Second $ $75.00 $ Three or More $1, $ $1, (b) For the purposes of this section, each instance of a violation may be considered a separate violation subject to a separate penalty. However, multiple violations cited during a single occurrence or inspection shall not each be considered a separate occurrence incurring a higher penalty amount. EXAMPLE: During an inspection two required exit doors are found to be chained and the dance hall is overcrowded. An administration citation may be issued for three (3) counts of egregious violations at two hundred fifty dollars ($250.00) each. An administrative citation for three (3) counts at seven hundred fifty dollars ($750.00) each shall not be issued. 44. Administrative Remedies and Penalties - False and Negligent Fire Alarm Program. (a) Any person who violates the Fontana Fire Protection District Fire Code pertaining to the False and Nuisance Fire Alarm Program may be subject to the following remedies: (1) An administrative penalty may be imposed against the owner of premises on or in which a Fire Alarm System is installed or permitted for the following reasons: (A) Upon the fourth or additional False or Nuisance Fire Alarm at a single premises. (B) If the owner fails to return a satisfactory Report of Service/Repair within fifteen (15) days after receiving the Fire Alarm Activation Report due to a Nuisance Fire Alarm. (C) If the person identified in the Registration as a responder and requested pursuant to the False and Nuisance Fire Alarms Program Standard fails to appear within one (1) hour after being notified to respond. Page 60 of 70 Page 76 of 248

77 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (2) An administrative penalty may be imposed against the Fire Alarm Business installing, repairing or providing monitoring or runner service for a Fire Alarm System for the following reasons: (A) If the fire code official determines that the fourth or additional False or Nuisance Fire Alarm was directly caused by an onsite employee or representative of the Fire Alarm Business. In this event, no False Fire Alarm shall be counted against the Owner. (B) If the fire code official determines that the person identified in the Registration as a responder and requested pursuant to the False and Nuisance Fire Alarms Program Standard is a runner provided for by the Fire Alarm Business and that person fails to appear within one (1) hour after being notified to respond. In this event, no False Fire Alarm shall be counted against the Owner. (3) In lieu of or in addition to the Administrative Penalties listed above, the Fire Code Official is authorized to order the owner of a premises to: (A) Silence an activated Fire Alarm System, have corrective action taken and thereafter reset it. (B) Disconnect or deactivate the Fire Alarm System until corrective actions can be taken. (C) Institute a Fire Watch due to repetitive Nuisance or False Fire Alarms or in the event a Fire Alarm System is silenced disconnected or deactivated, until corrective action is taken. (4) The Owner is responsible for paying all costs associated with establishing a Fire Watch. (5) The provisions of this Section shall not apply to any newly installed Fire Alarm System for a period of forty-five days (45) from the date of installation. (6) Notwithstanding the provisions of Sections 38(a)(1)(B), 38(a)(1)(c), and 38(a)(2)(B), no administrative citation shall be imposed for the first three (3) False or Nuisance Fire Alarms at the same premises during each calendar year, thereafter any further False or Nuisance Fire Alarms may result in the imposition of an administrative penalty pursuant to this Section against the owner or the Fire Alarm Business. (7) The activation of a Fire Alarm System shall not result in the imposition of an administrative penalty if the alarm is activated due to malicious causes beyond the control of the owner unless the fire code official has given written notice to the owner to provide reasonable safeguards against additional False Fire Alarms and the owner has failed to comply with that notice. Page 61 of 70 Page 77 of 248

78 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (8) Administrative Penalties. (A) Any person who violates any provision of this section shall be subject to the imposition and payment of an administrative penalty as provided in the table below: Number of Occurrences in a 1-Year Period Administrative Penalties for False or Nuisance Fire Alarms Amount of Administrative Penalty Late Charge Four to Five 1 $ $10.00 $ Six to Seven $ $20.00 $ Eight or More $ $50.00 $ Total Amount of Penalty Plus Late Charge 1. This penalty shall also apply to any occurrence of Sections 38(a)(1)(B), 38(a)(1)(c), and 38(a)(2)(B). 45. Appeal of Administrative Citations (a) Notice of Appeal. Any person in whose name an administrative citation has been issued may appeal the administrative citation by filing a written notice of appeal with the District. If the District has designated a processing agent, then the responsible party shall file his/her written notice of appeal with the designated processing agent. The written notice of appeal must be filed within twenty (20) calendar days of the date the administrative citation was served in a manner set forth in subsection (d) of this Section. The written notice of appeal shall be filed together with an advance deposit, consisting of a cashier's check, for the full amount of the penalty stated on the administrative citation; unless the District has issued an advance deposit hardship waiver. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. (b) Advance Deposit Hardship Waiver. Any person intending to appeal an administrative citation and who is financially unable to make the advance deposit as required by this section may file a written request for an advance deposit hardship waiver with the District. A District-approved form shall be made for this purpose. The written request shall be filed with the District within 10 calendar days of the date the administrative citation was served. (c) Advance Deposit Hardship Waiver Evaluation Procedures. The advance deposit requirement shall be stayed pending a determination by the Fire Chief, or the Fire Chief s designee, that a waiver shall not be issued. The Fire Chief, or the Fire Chief s designee, may waive the advance deposit requirement and issue a waiver only if the person requesting the waiver submits to the Fire Chief s attention a sworn affidavit, Page 62 of 70 Page 78 of 248

79 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 together with any supporting documents or materials, reasonably demonstrating to the Fire Chief the person s actual financial ability to submit the deposit in advance of the appeal hearing. The filing of a written request for an advance deposit hardship waiver shall not extend the time limits for appealing an administrative citation. The Fire Chief, or the Fire Chief s designee, shall issue a written decision explaining the reason(s) for not issuing the waiver. The written decision of the Fire Chief, or the Fire Chief s designee, shall be final. In the event a waiver is not issued, the person intending to appeal must remit the advance deposit with a written notice of appeal as herein provided. (d) Contents of Notice of Appeal. The notice of appeal shall be submitted on District-approved forms and shall contain the following information: (1) A brief statement setting forth the appealing person s (hereinafter appellant ) interest in the proceedings; (2) A brief statement of the material facts which the appellant claims supports his/her contention that they did not commit, cause, or otherwise allow a violation of one or more provisions of this Code to occur, exist, or continue as alleged in the administrative citation at issue; or he/she is not a responsible party as defined at 35(b)(9) of this Code. (3) A mailing address at which the appellant agrees that notice of any additional proceeding, or an order relating to the imposition of an administrative citation penalty, shall be received and accepted by the appellant by First Class Mail. (4) The notice of appeal must be signed and dated by the appellant. (e) Administrative Hearing. The resolution of an appeal of an administrative citation issued under the authority of this Code shall be by an administrative hearing conducted according to the procedures set forth in this section. Upon the District s designated processing agent s receipt of a timely, written notice of appeal from the appellant, an administrative hearing shall be held as follows: (1) Hearing Date. The date of the hearing shall be set for a date that is no later than 60 days from the date the notice of appeal is received by the District s processing agent. (2) Notice of Hearing. Notice of the administrative hearing shall be given to the appellant at least 10 calendar days prior to the hearing. The notice may be delivered to the appellant or mailed by first class mail to the address listed in the notice of appeal. Neither personal service nor service by certified mail shall be required. (3) Hearing Officer. The administrative hearing shall be held before the Fire Chief/Fire Warden, or the Fire Chief/Fire Warden s designee. The Hearing Officer shall Page 63 of 70 Page 79 of 248

80 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 not be the enforcement officer who issued the administrative citation or his/her immediate supervisor. The Fire Chief/Fire Warden, through the District s contracting process, may contract with a qualified provider for administrative processing and collection services to provide hearing officers to conduct administrative hearings and process administrative citations, including the collection of payment of administrative citation penalties. (4) Conduct of the Hearing. (A) The Hearing Officer shall not be limited by the technical or formal rules of evidence. The District shall bear the burden of proof at the administrative hearing to establish the existence of a violation of this Code by a preponderance of the evidence. The Hearing Officer shall have the discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will cause an undue consumption of time. The enforcement officer establishing or confirming the occurrence or existence of a violation of this Code shall be deemed the complaining or reporting party. Personal or other identifying information regarding any other reporting party shall be deemed both irrelevant and subject to the federal and state constitutional rights of privacy; and, therefore, shall not be subject to review or disclosure. (B) If the appellant fails to appear at the administrative hearing, the Hearing Officer shall make his/her determination based on the information contained in the enforcement officer s case file and the appellant s notice of appeal. (C) Provided that proper notice of the administrative hearing has been served as required by this or other applicable chapters of this Code, an appellant who fails to appear at the administrative hearing shall be deemed to have waived each of the following: the right to such hearing, the adjudication of issues presented at the hearing, and any and all rights afforded to the appellant under this Code. The appellant shall also be deemed to have failed to exhaust his/her administrative remedies. (D) The only evidence that shall be permitted at the administrative hearing and considered by the administrative Hearing Officer in reaching a decision, is that evidence which is relevant to the proof or disproof of: 1. Ownership of the subject property, when applicable; 2. Whether a person noticed by the District as a responsible party is, in fact, a responsible party; 3. Whether a violation of this Code occurred and/or continues to occur on the date or dates specified in the administrative citation; Page 64 of 70 Page 80 of 248

81 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Whether the responsible party has committed, caused, maintained, or permitted a violation of this Code on the date or dates specified on the administrative citation. (f) Hearing Officer s Decision. (1) After considering all the testimony and evidence submitted at the hearing, the Hearing Officer shall promptly issue a written decision ( Administrative Citation Appeal Ruling ) to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. (2) If the Hearing Officer determines that the administrative citation should be upheld, then the amount of the penalties set forth in the citation shall not be reduced or waived for any reason. This subsection shall not apply to warning only administrative citations or to any administrative citation that indicates on its face that the penalty will be waived if the violation is corrected by the deadline compliance date and the violation is so corrected. (3) If the administrative citation has been upheld, the Hearing Officer may allow payment of the administrative penalty in installments, if an advance deposit hardship waiver has been issued to the appellant. (4) If the Hearing Officer overturns the administrative citation, then no penalty shall be assessed and any penalty otherwise deposited with the District or its designated processing/collection agent, shall be promptly refunded to the appellant. (5) The appellant shall be served with a copy of the hearing officer s written decision either at the conclusion of the hearing or sent by First Class Mail within a reasonable time. The Hearing Officer s written decision shall become final on the date of the hearing unless mailed; otherwise it shall become final on the date of mailing. (6) The Hearing Officer s written decision shall contain instructions for obtaining judicial review of the decision pursuant to California Government Code , as that section may be from time to time amended, or the successor provision thereto. (7) If the administrative citation is upheld, the Hearing Officer shall also award the District its enforcement costs and its costs in defense of the citation (including the actual time spent conducting the hearing). An itemized summary of these costs shall be presented to the Hearing Officer by the District within ten (10) days following the Hearing and mailed to appellant by 1st Class Mail to the address listed on the Notice of Appeal. (g) Judicial Review of Administrative Hearing Officer s Decision. Page 65 of 70 Page 81 of 248

82 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (1) Notice of Appeal. Within twenty (20) calendar days of the date of the delivery or mailing of the Hearing Officer s decision to the appellant, the appellant (hereafter contestant ) may contest that decision by filing an appeal to be heard by the Superior Court, and paying to the court clerk the filing fee set forth at Government Code , or the successor provision thereto. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. The contestant shall serve a copy of the notice of appeal in person or by first class mail upon the District. (2) Conduct of the Superior Court Appeal Hearing. The conduct of the appeal before the Superior Court is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officers at the direction of the presiding judge of the superior court. The appeal shall be heard de novo, except that the contents of the District s file in the case shall be received in evidence. A copy of the document or instrument of the District providing notice of the violation and imposition of the administrative penalty (i.e., the administrative citation) shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the District s file in the case be forwarded to the court, to be received within fifteen (15) calendar days of the request. (3) Judgment. The court shall retain the filing fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the District. Any deposit of the administrative penalty shall be refunded by the issuing department in accordance with the judgment of the court. If the administrative penalty has not been deposited and the decision of the court is against the contestant and in favor of the District, the District may proceed to collect the penalty pursuant to the procedures set forth in this Code, or in any other manner provided by law. 46. Recording of a Notice of Pendency (a) Whenever the District institutes a judicial action or proceeding to enforce this Code, a Notice of Pendency of the action or proceeding may be filed with the County Recorder s Office. The notice may be filed at the time of the commencement of the action or proceeding, and upon recordation of the notice as provided in this section, shall have the same effect as a notice recorded in compliance with 409 of the California Code of Civil Procedure. (b) The County Recorder shall record and index the Notice of Pendency of action or proceeding in the Grantor/Grantee Index. (c) Any Notice of Pendency of action or proceeding filed in compliance with this section may, upon motion of a party to the action or proceeding, be vacated upon an Page 66 of 70 Page 82 of 248

83 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 appropriate showing of need therefore by an order of a judge of the court in which the action or proceeding is pending. (d) A certified copy of the Order to Vacate Notice of Pendency may be recorded with the County Recorder s Office, and upon the recordation, the Notice of Pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing with the property described therein. (e) An Order to Vacate Notice of Pendency shall not be appealable, but the party aggrieved by the order may, within twenty (20) days after service of written notice of the order, or within additional time not exceeding twenty (20) days as the court may, within the original twenty (20) days allow, but in no event later than sixty (60) days after entry of the order, petition the proper reviewing court to review the order by Writ of Mandate. (f) No Order to Vacate Notice of Pendency shall be effective, nor shall it be recorded with the County Recorder s Office, until the time within which a petition for the filing of a Writ of Mandate has expired in compliance with this section. 47. Filing Notice of Action. Whenever an enforcement action is initiated and prior to filing a Notice of Pendency, the District may, pursuant to Government Code 27280, file with the County Recorder s Office a Notice of Action identifying the enforcement action taken for violation of this Code or other applicable law. 48. Public Nuisance Abatement for Fire Hazards. Any violation of this Code, the California Fire Code, the Fire Prevention Standards or of the provisions of any code adopted and incorporated by reference by this Code may be deemed a fire hazard by the fire code official and acted upon pursuant to the public nuisance abatement provisions of the Fontana City Code or the San Bernardino County Code. 49. Board of Appeals Code Application and Interpretations. (a) The Fire Protection District Board shall hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code (except for administrative citations issued pursuant to Sections 34, 35, 36, 37 and 38). (b) Limitations on Authority. An application for appeal shall be based on a claim that the intent of this code or the rules, standards and interpretations adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. Page 67 of 70 Page 83 of 248

84 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 (c) Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgment on matters pertaining to hazards of fire, explosion, hazardous conditions or fire protection systems and are not employees of the fire code official. (d) Appeals Hearings. Hearings shall be in accordance with this section. (e) Request for Hearing. Any person may appeal the Department s interpretation regarding the provisions of the California Fire Code within 15 days after the date such interpretation is rendered, or after enforcement begins. Unless an imminent hazard to life or property exists, enforcement involving an appealed interpretation may be suspended until a decision regarding the appeal has been reached. (f) Hearing Procedures. Within thirty (30) days of the acceptance of an application for an appeal, the District shall set the matter for hearing and shall give notice to the appellant, the applicant and to any other party who has requested in writing to be so notified. During the hearing, witnesses may be sworn in and examined and evidence produced, and parties may be represented by counsel. The appropriate appeals board shall keep a record of the proceedings of each hearing and shall issue written findings and a decision within fifteen (15) days of the conclusion of the hearing. A written copy of the decision shall be mailed to the parties by first class mail, at such addresses as they have provided. (g) Fees and Costs. The Department shall act as staff to the Appeals Board, and for that purpose may determine and set fees to charge an appellant to cover the cost of preparation of the record for appeal. A summary of costs shall be compiled and sent to the appellant after all the appeals proceedings have been completed. Any refund due the appellant shall be returned within sixty (60) days after the summary is sent. 50. Cost Recovery. Pursuant to California Health & Safety Code sections (b)(1), et seq., 13916(a), , 25514, 25515(a), 25540(a), 25541(a), California Government Code sections 53150, 53151, 53152, 53159(a) & (b), California Vehicle Code section , and all other provisions of law, all costs incurred by the Fontana Fire Protection District for the inspection and enforcement of any provision of this code, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates this code or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response pursuant to a schedule of fees adopted by the District. Any expense incurred by this District for such an emergency response shall constitute a debt of such person and shall be collectible by the District in the same manner as in the case of an obligation under contract, express or implied. Page 68 of 70 Page 84 of 248

85 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD Treble Damages. Upon a second or subsequent civil or criminal judgment for a violation of this Code within a two-year period the violator shall be liable to the District for treble the abatement costs. SECTION 2. ENVIRONMENTAL EXEMPTION. The Board hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment, since it adopts updated building and safety standards which the Board had previously adopted in substantial form. Thus, the adoption of the 2016 edition of the California Fire Code, based on the 2015 International Fire Code, and also known as the California Code Of Regulations, Title-24, Part 9, is exempt from further environmental review under Section 15061(b)(3) of the State CEQA Guidelines and Section 3.07 of the Local CEQA Guidelines (2006), projects with no possibility of significant effects upon the environment. Staff is directed to file a Notice of Exemption. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect after the City of Fontana and County of San Bernardino ratify this Ordinance, pursuant to Health and Safety Code section (c), and at least thirty (30) days after the date of its adoption by the District Board. SECTION 4. PUBLICATION AND CERTIFICATION. The Secretary of the Board of Directors shall certify to the adoption of this ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the Secretary of the Board, and within fifteen (15) days of its adoption shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the Secretary of the Board, in accordance with California Government Code Section APPROVED AND ADOPTED this 8th day of August, READ AND APPROVED AS TO LEGAL FORM: Jeff Ballinger, Attorney for Fontana Fire Protection District Page 69 of 70 Page 85 of 248

86 DocuSign Envelope ID: 42188D01-98BD-40EC-9A88-3D4CFCF42FD6 Regular City Council Meeting - August 22, 2017 Ordinance No. FFD 003 I, Tonia Lewis, Secretary of the Board of Directors of the Fontana Fire Protection District, do hereby certify that the foregoing ordinance is the actual ordinance adopted by the Fontana Fire Protection District Board of Directors and was introduced at a regular meeting of said District Board of Directors on the 25 th day of July, and was finally passed and adopted not less than five days thereafter on the 8 th day of August, by the following vote to wit: AYES: President Roberts, Vice President Sandoval and Commissioners Warren, Tahan, and Armendarez NOES: ABSENT: ABSTAIN: Tonia Lewis, Secretary of the Board John B. Roberts, Board President ATTEST: Tonia Lewis, Secretary of the District Page 70 of 70 Page 86 of 248

87 Certificate Of Completion Envelope Id: 42188D0198BD40EC9A883D4CFCF42FD6 Status: Completed Subject: Please sign Fire Protection District Ordinance FFD 003 Source Envelope: Document Pages: 70 Signatures: 4 Envelope Originator: Supplemental Document Pages: 0 Initials: 0 City Clerk Certificate Pages: 5 AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Payments: Sierra Avenue Fontana, CA clerks@fontana.org IP Address: Record Tracking Status: Original 8/9/ :59:52 AM Holder: City Clerk clerks@fontana.org Location: DocuSign Signer Events Signature Timestamp Jeff Ballinger jeff.ballinger@bbklaw.com Security Level: , Account Authentication (None) Using IP Address: Sent: 8/9/ :00:00 AM Viewed: 8/9/ :37:26 AM Signed: 8/9/ :37:42 AM Electronic Record and Signature Disclosure: Accepted: 2/6/2017 5:14:58 PM ID: 49bce3bd-df4d-4cff af6d478de62 John Roberts jroberts@fontana.org Security Level: , Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/9/ :41:58 AM ID: 8e0ed2da-ef30-4a68-b42c-70d7c222dee6 Toni Lewis tlewis@fontana.org City Clerk City of Fontana Security Level: , Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Using IP Address: Signed using mobile Using IP Address: Sent: 8/9/ :37:43 AM Viewed: 8/9/ :41:58 AM Signed: 8/9/ :48:20 AM Sent: 8/9/ :48:21 AM Viewed: 8/9/2017 3:25:18 PM Signed: 8/9/2017 3:28:02 PM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Page 87 of 248

88 Carbon Copy Events Status Timestamp Evelyne Ssenkoloto Regular City Council Meeting - August 22, 2017 Security Level: , Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 8/9/2017 3:28:04 PM Viewed: 8/14/2017 8:18:16 AM Kimberly Solorio ksolorio@fontana.org Security Level: , Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kathy Kasinger kkasinger@fontana.org Security Level: , Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 8/9/2017 3:28:04 PM Sent: 8/9/2017 3:28:04 PM Viewed: 8/10/2017 5:28:27 PM Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/9/2017 3:28:04 PM Certified Delivered Security Checked 8/9/2017 3:28:04 PM Signing Complete Security Checked 8/9/2017 3:28:04 PM Completed Security Checked 8/9/2017 3:28:04 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Page 88 of 248

89 Regular City Council Meeting - August 22, 2017 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Fontana (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Page 89 of 248

90 How to contact City of Fontana: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by send messages to: To advise City of Fontana of your new address To let us know of a change in your address where we should send notices and disclosures electronically to you, you must send an message to us at ctejeda@fontana.org and in the body of such request you must state: your previous address, your new address. We do not require any other information from you to change your address.. In addition, you must notify DocuSign, Inc to arrange for your new address to be reflected in your DocuSign account by following the process for changing in DocuSign. To request paper copies from City of Fontana To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an to ctejeda@fontana.org and in the body of such request you must state your address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Fontana To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an to ctejeda@fontana.org and in the body of such request you must state your , full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Access to a valid account Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an message at the address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Page 90 of 248

91 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Fontana as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Fontana during the course of my relationship with you. Page 91 of 248

92 ACTION REPORT August 22, 2017 FROM: Department of Public Works SUBJECT: Award of Contract for Providing Fuel for City-Owned Vehicles and Equipment RECOMMENDATION: Approve and authorize the Purchasing Office award of contract to Nuckles Oil Company DBA Merit Oil Company for fuel for City-owned vehicles and equipment based upon a "piggyback" on San Bernardino County's Gasoline and Diesel Fuel Contract. The term of the contract will be for two years with three one-year extensions at the City's sole discretion. COUNCIL GOALS: * To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents. DISCUSSION: The Public Works Department is responsible for maintaining fuel inventories for the City's two (2) fueling sites. The fuel is necessary for the operation of approximately 476 vehicles and pieces of equipment used by the various City departments. In the past, the City has "piggybacked" on San Bernardino County's fuel contract. The City has been able to receive better pricing based upon the economies of scale due to San Bernardino County's higher volume of fuel use compared with the City of Fontana. Staff is recommending award of contract to Nuckles Oil Company DBA Merit Oil Company based upon a "piggyback" on San Bernardino County's Gasoline and Diesel Fuel Contract (epro Contract Number ). The Purchasing Office has reviewed this process and concurs with the recommendation. FISCAL IMPACT: The Public Works Department has budgeted $1,160,000 in the 2017/18 Fiscal Year Budget for fuel and oil in the Fleet Operations Fund, specifically in Account No MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: Page 92 of 248

93 APPROVED BY: ATTACHMENTS: Description: San Bernardino County Fuel Contract Type: Backup Material ITEM: CC-C Page 93 of 248

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109 ACTION REPORT August 22, 2017 FROM: Department of Human Resources SUBJECT: Resolution Ratifying Memorandum of Understanding for the Teamsters Local 1932 Yard Bargaining Unit and the Associated Salary Table RECOMMENDATION: Adopt Resolution No , of the City Council of the City of Fontana, ratifying the Memorandum of Understanding between the City and the Teamsters Local 1932 Yard Bargaining Unit, and the associated Salary Table. COUNCIL GOALS: * To operate in a businesslike manner by ensuring that the public debate is based on accurate information. * To practice sound fiscal management by living within our means while investing in the future. * To preserve the local environment for generations to come and to create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities. DISCUSSION: The City has concluded labor negotiations with the Teamsters Local 1932 Yard Bargaining Unit. City staff and business agents of the Teamsters Local 1932 Yard Bargaining Unit have agreed on terms and conditions of employment outlined in the new Memorandum of Understanding (MOU). The City has also updated the Salary Table based upon the terms and conditions of the Bargaining Unit s new MOU. The term of the new MOU is three (3) years, and among the highlights of the new MOU are salary increases of 4% in Year 1, 2% in Year 2, 2% in Year 3, and an increase in longevity, bilingual, stand by, and Commercial Driver s License pay. Staff is recommending a formal ratification of the new MOU and the salary table that reflects the base salary increase contained in this agreement. FISCAL IMPACT: Costs associated with the Memorandum of Understanding will be prepared by the Budget Office and included with the First Quarter Budget Report. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: Page 109 of 248

110 APPROVED BY: ATTACHMENTS: Description: CC Resolution Ratifying Yard MOU and Salary Table 2017 Final Yard MOU for Council Yard Type: Resolution Agreement Backup Material ITEM: CC-D Page 110 of 248

111 Resolution No. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TEAMSTERS LOCAL 1932 YARD UNIT AND APPROVING THE UPDATED YARD UNIT SALARY TABLE. WHEREAS, the City Council of the City of Fontana has adopted a Memorandum of Understanding (MOU) and Salary Table which incorporate the terms, conditions and compensation levels for the Teamsters Local 1932 Yard Unit and WHEREAS, the current MOU has expired and the City and this labor group have agreed on new terms and compensation levels as outlined in the new MOU and Salary Table. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, to ratify the MOU for the Teamsters Local 1932 Yard Unit and approve the updated Salary Table. EFFECTIVE DATE: August 5, 2017 APPROVED AND ADOPTED this 22 nd day of August, READ AND APPROVED AS TO LEGAL FORM: City Attorney I, Tonia Lewis, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting thereof, held on the 11 th day of July 2017, by the following vote to wit: AYES: NOES: ABSENT: City Clerk of the City of Fontana Page 111 of 248

112 Resolution No. Mayor of the City of Fontana ATTEST: City Clerk Page 112 of 248

113 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FONTANA AND TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT COVERING THE PERIOD OF JULY 1, 2017 THROUGH JUNE 30, 2020 Page 113 of 248

114 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 TABLE OF CONTENTS ARTICLE 1: RECOGNITION... 1 ARTICLE 2: CITY PERSONNEL RULES... 1 ARTICLE 3: NO DISCRIMINATION... 1 ARTICLE 4: UNION MEMBERSHIP... 2 Section 1. Dues Deduction... 2 Section 2. Hold Harmless Clause... 2 Section 3. Employee's Right To Revoke Agency Shop... 3 ARTICLE 5: WAGES... 3 ARTICLE 6: WORKING HOURS AND WORK SCHEDULES... 3 ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE CASH OUT AND NEGATIVE LEAVE USAGE... 4 Section 1. Personal Leave Accrual... 4 Section 2. Leave Accrual Limits... 5 Section 3. Leave Cash Out... 5 Section 4. Negative Leave Usage... 5 ARTICLE 8: BILINGUAL DIFFERENTIAL... 5 ARTICLE 9: CERTIFICATE PAY... 5 ARTICLE 10: HEALTH BENEFITS... 6 Section 1. Cafeteria Plan... 6 Section 2. Health Insurance Benefits While on Leave... 6 ARTICLE 11: OVERTIME AND COMPENSATORY TIME... 6 Section 1. Overtime Section 2. Compensatory Time ARTICLE 12: HOLIDAYS... 7 Section 1. Holidays Observed... 7 Section 2. Holiday Occurring on a Weekend... 7 Section 3. Compensation for Working Holidays... 8 Section 4. Eligibility for Holiday Pay... 8 Section 5. Winter Holiday Closure... 8 Section 5.1. Hours Worked During the Winter Holiday Closure... 8 Page 114 of 248

115 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 ARTICLE 13: RETIREMENT BENEFITS... 9 Section 1. Participation... 9 Section Survivor's Benefit Section 3. PERS Military Buy-Back Section 4. Health Insurance for Retired Employees ARTICLE 14: COMMERCIAL DRIVER S LICENSE (CDL) PROGRAM Section Section 2. CDL Licensure Requirements Section 3. CDL Stipend ARTICLE 15: LONGEVITY PAY ARTICLE 16: CALL BACK PAY ARTICLE 17: REGULAR PART-TIME EMPLOYEES ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS ARTICLE 19: STANDBY DUTY Section 1. Assignment to Standby Section 2. Standby Compensation ARTICLE 20: LATERAL TRANSFER CONSIDERATION ARTICLE 21: LAYOFFS ARTICLE 22: MERIT INCREASES ARTICLE 23: UNIFORMS ALLOWANCE AND BOOT REIMBURSEMENT ARTICLE 24: ACCESS TO WORK LOCATIONS ARTICLE 25: LOCAL UNION ACTIVITIES ARTICLE 26: HEALTH AND SAFETY COMMITTEE ARTICLE 27: JOINT LABOR/MANAGEMENT COMMITTEES ARTICLE 28: WELLNESS ARTICLE 29: SEVERABILITY Page 115 of 248

116 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FONTANA AND TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT This Memorandum of Understanding ("Agreement") is entered into by the City of Fontana (hereinafter referred to as the "City") and the Teamsters Local 1932 (hereinafter referred to as the "Union"). The terms and conditions of this Agreement shall be applicable to all classifications set forth in Appendix A commencing on July 1, 2017 and ending June 30, It is important to note that any monetary changes listed in this contract will be effective the beginning of the pay period containing August 8, 2017, unless stated otherwise. ARTICLE 1: RECOGNITION For purposes of meeting and conferring on wages, hours and working conditions and general representation of its members, formal recognition is hereby granted to the Union. ARTICLE 2: CITY PERSONNEL RULES It is understood and agreed that there exists within the City, certain personnel rules, policies, practices and benefits, generally contained in the "City of Fontana Personnel Rules and Regulations," and "Employer-Employee Rules and Regulations" as amended by City resolutions and Memoranda of Understanding. Those rules, policies, and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by this Agreement, unless and until modified by mutual agreement of the parties and enacted by the City Council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies. In the case of change, other than by agreement, the Union shall be consulted as soon as possible on the change. The City shall distribute a copy and any future updates of the MOU and Personnel Rules and Regulations as follows: Yard Representative (maximum of 2) 1 electronic copy Union Business Agent 1 copy (electronic and printed form) The Union agrees to print and distribute all copies of the MOU and the Personnel Rules and Regulations, as approved by the City Council, for each current and subsequent new member at their expense. (July 2016) ARTICLE 3: NO DISCRIMINATION Neither the City nor the Union shall unlawfully discriminate, retaliate, or otherwise suffer Page 1 Page 116 of 248

117 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 violation of the California Fair Employment Act, Title VII of the Civil Rights Act, or any other applicable anti-discrimination law, in any way against any City employee, Union member, or applicant. Likewise, neither the City nor Union shall discriminate or retaliate against any employee or member for any lawful act relating to their employment or Union membership. Section 1. Dues Deduction ARTICLE 4: UNION MEMBERSHIP The Union shall have the sole and exclusive right to have membership dues deducted for employees covered by this Agreement by the City, upon appropriate written authorization from such employee. Remittance shall be made by the City to the Union within fifteen (15) working days of the deduction of such sums. Except as set forth below, employees, as a condition of employment shall, within thirty (30) days, either join the Union, or pay to the Union a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the Union for the duration of the Agreement. Any employee who is a member of a bona fide religion, body or sect which has historically held conscientious objection to joining or financially supporting public employee organizations shall not be required to join or financially support the Union as a condition of employment. Such employee shall pay an amount of money equivalent to regular Union dues to a non-religious, non-labor charitable fund, chosen by the employee, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Proof of such payment shall be made on a monthly basis to the City as a condition of continued exemption from the requirement of financial support to the Union. The City shall deduct, upon receipt of a duly executed form, properly signed by a member of the bargaining unit, either dues to the Union or service fees for nonmembers, as appropriate. The Union shall advise the City, in writing, of the dues amount to be deducted for each member. Any change in dues will be submitted to the City, in writing, thirty (30) days prior to the effective date of such change. The City shall, as soon as possible, notify the Union General Manager if any member of the bargaining unit revokes a dues/fees authorization. Employees will be allowed to have insurance premiums deducted from their pay check to cover insurances offered by the Teamster Local Said Payment will be in a lump sum payable to the Union and the Union will be responsible for payment to the carriers and administration of the programs Section 2. Hold Harmless Clause In consideration of the above noted services, the Union agrees to release, indemnify Page 2 Page 117 of 248

118 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 and discharge the City from any liability or expenses, including, but not limited to, attorney's fees and reasonable costs, whatsoever as a result of any action taken pursuant to the provisions of this Article. Section 3. Employee's Right to Revoke Agency Shop Nothing herein shall be construed to modify employees' rights to revoke the Agency Shop provision of this MOU pursuant to the procedures set forth in Government Code Section (b). ARTICLE 5: WAGES Effective the beginning of the pay period containing August 8, 2017, each employee/classification in the Yard group shall receive a 4% base salary increase. Effective the beginning of the pay period containing July 1, 2018, each employee/classification in the Yard group shall receive a 2% base salary increase. Effective the beginning of the pay period containing July 1, 2019, each employee/classification in the Yard group shall receive a 2% base salary increase. ARTICLE 6: WORKING HOURS AND WORK SCHEDULES It is not the City's intent to eliminate the 4/10 work schedule for Yard employees. The City agrees to meet and confer with employees in the Yard bargaining unit should it propose to change or modify the 4/10 work schedule. The City Manager or designee(s) may change the work hours and/or days within the 4/10 work schedule for Yard bargaining unit members upon fourteen (14) calendar days notice to the affected employee. The Department Head or designee(s) will meet and discuss with any affected employees any proposed change of starting and ending times prior to the notice being issued. Changes in work schedules are intended to be of a permanent nature or for an extended period of time. Notwithstanding the above, employees hired prior to 2005 cannot be assigned to work more than eight (8) weekends in any calendar year, except in emergency situations. All new employees, or employees called back from the re-employment list, may be subject to a work schedule which includes weekend work without limitation. Page 3 Page 118 of 248

119 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE CASH OUT AND NEGATIVE LEAVE USAGE Section 1. Personal Leave Accrual The personal leave accrual rate shall be as follows: Years of Service Hours Assigned Pay Period Accumulation 0 but less than 2 Years 168 hours 6.46 hours 2 Years but less than 4 Years 176 hours 6.77 hours 4 Years but less than 6 Years 184 hours 7.08 hours 6 Years but less than 8 Years 192 hours 7.39 hours 8 Years but less than 10 Years 216 hours 8.31 hours 10 Years but less than 12 Years 224 hours 8.62 hours 12 Years but less than 14 Years 232 hours 8.92 hours 14 Years but less than 16 Years 248 hours 9.54 hours 16 Years but less than 18 Years 256 hours 9.85 hours 18 Years but less than 20 Years 264 hours hours 20 Years but less than 21 Years 272 hours hours 21 Years but less than 22 Years 276 hours hours 22 Years but less than 23 Years 280 hours hours 23 Years but less than 24 Years 284 hours hours 24 Years but less than 25 Years 288 hours hours 25 Years but less than 26 Years 292 hours hours 26 Years but less than 27 Years 296 hours hours 27 Years but less than 28 Years 300 hours hours 28 Years but less than 29 Years 304 hours hours 29 Years but less than 30 Years 308 hours hours 30 Years hours hours Effective July 1, 2018, the personal leave accrual rates shall be as follows: Years of Service Hours Assigned Pay Period Accumulation 0 but less than 2 Years 180 hours 6.92 hours 2 Years but less than 4 Years 190 hours 7.31 hours 4 Years but less than 6 Years 200 hours 7.69 hours 6 Years but less than 8 Years 210 hours 8.08 hours 8 Years but less than 10 Years 220 hours 8.46 hours 10 Years but less than 12 Years 232 hours 8.92 hours 12 Years but less than 14 Years 244 hours 9.38 hours 14 Years but less than 16 Years 256 hours 9.85 hours 16 Years but less than 18 Years 274 hours hours 18 Years but less than 20 Years 292 hours hours 20 + Years 312 hours hours Page 4 Page 119 of 248

120 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 Section 2. Leave Accrual Limits The number of personal leave hours which can be carried over from year to year, will be limited to a maximum of two and one half (2.5) years personal leave accrual. Employees will cease to accrue personal leave time until they have reduced their personal leave below their ceiling. The City Manager, at his discretion, reserves the right to payout an employee's accrued personal leave time which is in excess of the two year ceiling and/or the 80 hour maximum, when such payment has been determined to be in the best interest of the City. Section 3. Leave Cash Out The maximum amount of leave time (personal leave compensatory time or a combination of both) which can be cashed out under the City's "leave plans" is eighty (80) hours. Employee s leave time (as mentioned above) may not be reduced to less than eighty (80) hours as a result of participation in the annual leave cash out. (July 2017) The City Manager will annually determine if the City Council s goal of a 15% general fund fiscal reserve and a 10% infrastructure reserve, as identified in the City Budget, has been achieved. If the above goals have been determined to have been met, the maximum amount of leave time (personal leave, compensatory time or a combination of both), will be increased to one hundred and twenty (120) hours, provided additional general funds are available. (Effective July 2011) Section 4. Negative Leave Usage Except as set forth below, employees may only use time already accrued. The City Manager may, upon written request, approve exceptions to this provision under extraordinary circumstances where the employee provides a written deduction authorization allowing the City to withhold any monies owed from this negative leave usage from the employee's final paycheck ARTICLE 8: BILINGUAL DIFFERENTIAL Effective the beginning of the pay period containing August 8, 2017, the City shall pay one hundred dollars ($100.00) per pay period for those employees who are assigned by the Department Head to assist with providing translation to and from a foreign language and other related services. Eligible employees will be required to pass a test which shall be administered by a qualified agency or individual. ARTICLE 9: CERTIFICATE PAY The maximum incentive an employee may earn is 2.5% of base salary regardless of the number of certificates earned/acquired. Page 5 Page 120 of 248

121 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 Mechanics possessing an Automotive Service Excellence (ASE) Certification through the National Institute shall be eligible for Certificate Pay at the rate of 2.5% of base salary payable on a biweekly basis. To be eligible for this benefit, certifications must be related to the employee s current job classification/job performance and must be approved, in advance, by the Department Director. Certificate Pay shall cease if employee s certification expires and is not renewed or if the employee changes job classification and the certificate is no longer job related. Section 1. Cafeteria Plan ARTICLE 10: HEALTH BENEFITS Effective January 1, 2007, for employees paying out-of-pocket, the City will contribute to the City s Cafeteria Plan an amount equal to the cost of the Anthem Blue Cross HMO family rate with $15.00 co-pay and the high dental family rate. The City s contribution shall not exceed the actual expenditures for the aforementioned coverage. The amount that employees may receive under the City s Cafeteria cash back option shall be limited to $ per month. Section 2. Health Insurance Benefits While on Leave Employees who are eligible for disability insurance pay will receive health benefits for ninety (90) days. Thereafter, the employee must pay for health benefits. Section 1. Overtime. ARTICLE 11: OVERTIME AND COMPENSATORY TIME Overtime shall be calculated at the rate of time and one-half for all time actually worked in excess of forty (40) hours in a workweek. There shall be no "pyramiding" of overtime (e.g., if an employee receives a minimum two hours call back pay at the overtime rate, and those hours worked also result in their working in excess of forty (40) hours in a work week, double overtime will not be paid.) Absence due to floating holidays, compensatory time off and unscheduled personal leave shall not be regarded as time worked in calculating eligibility for overtime with the following exceptions: (1) leave time and/or floating holiday time required to be used for regularly scheduled work days during the City s Winter Closure and (2) official and observed legal holidays (e.g., nonfloating holiday time) during the calendar year and (3) Pre-approved/Pre-scheduled personal leave time and Jury Duty will considered actual time worked. No overtime will be recognized except with the prior approval of the Department Head or designee. Section 2. Compensatory Time. An employee may not have accrued to their account at the end of any fiscal year more Page 6 Page 121 of 248

122 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 than one hundred (100) compensatory time off hours. The cash value of any hours in excess of one hundred (100) credited to the employee's compensatory time account on June 30 of each year, shall be paid at the salary rate in effect on June 30, and will be paid out in conjunction with the City's Leave Payout program. Section 1. Holidays Observed ARTICLE 12: HOLIDAYS The following days shall be observed by the City as paid holidays: New Year's Day Labor Day Martin Luther King s Birthday Veteran s Day (eff: 2014) President s Day Thanksgiving Memorial Day Day After Thanksgiving Independence Day Christmas Eve Christmas Day In addition to these Holidays employees shall receive (3) Floating Holidays. The holidays shall have the same hour equivalent as the employee s regular work schedule for that day (8, 9, 10 hours) in order that the affected employees no longer have to supplement observed holidays off with paid personal leave. However, the value of the day after Thanksgiving shall be 8 hours, unless an employee would normally work more than eight hours on that Friday (July 2013). Floating Holidays. The employee s holiday leave account shall receive 20 hours (for employees on 4/10 work schedule) or 18 hours (for employees on 9/80 work schedule) or 16 hours (for employees on 5/8 work schedule) on January 1, and will receive 10 hours or 9 hours or 8 hours credit (depending on work schedule) on November 1. Effective July 1, 2000, floating holidays must be used within the fiscal year earned, and may not be carried over from year to year. Floating holiday time not used by June 30, of each year will be forfeited by the employee. Section 2. Holiday Occurring on a Weekend Holidays that fall on an employee's Friday off, will be observed on the prior Thursday, as will holidays occurring on Saturdays. Holidays occurring on Sunday will be observed on the following Monday. Holidays that otherwise fall on an employee's normal day off will be converted to a Floater. For those employees who have an alternate schedule outside of the Monday through Thursday schedule, in which Independence Day (July 4 th ) and Veteran s Day (November 11 th ) falls on their normally scheduled work day, the holiday shall be observed on the actual date. (July 2017) Unless specifically approved by the Department Head in writing, employees will be off on the holiday as stated. Page 7 Page 122 of 248

123 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 Section 3. Compensation for Working Holidays Employees who, because of their job duties, must work on a non-floating holiday will be paid for the actual hours worked, and at the employee's discretion, shall also receive an equivalent amount of compensatory time off or straight time payment in lieu of any holiday compensation set forth in Sections 1 or 2 above. Section 4. Eligibility for Holiday Pay In order to be eligible for a paid holiday, employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the holiday and the Tuesday following the holiday. Section 5. Winter Holiday Closure The City and the Union mutually agree to the closure of the City for business during the winter holiday period as follows: 2017: December 24, 2017 through January 1, : December 24, 2018 through January 1, : December 24, 2019 through January 1, 2020 In conjunction with City paid holiday time (Christmas Eve and Christmas Day), employees will be required to utilize their leave time (i.e., personal leave, compensatory time, floating holidays) to equal the remainder of their regular work schedule. Employees who have exhausted their leave time will be placed in a Leave Without Pay status for the closure period. However, if all of an employee's leave time has been exhausted due to a catastrophic event, and leave without pay would result in an undue hardship, the City agrees to review such situations on an individual basis, and where possible, provide alternatives which may help mitigate their situation. Employees requesting such consideration, must submit their request in writing to the Human Resources Director prior to December 15th of each year. Section 5.1. Hours Worked During the Winter Holiday Closure (As agreed upon in Side Letter dated 02/02/2015) a) Article 11 of this MOU generally prohibits the application of any overtime rate unless the employee actually worked in excess of forty (40) hours in a workweek. b) Article XI of this MOU excepts from this general rule that paid leave time used during the Winter Holiday Closure shall be used in the calculation of hours for Page 8 Page 123 of 248

124 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 the purpose of determining overtime entitlement c) Article XII Section 5 of this MOU requires employees to utilize their personal paid leave time to cover any time during their regular shift not actually worked on those days during the Winter Holidays Closure that are not already paid holidays d) Article XII Section 5 of this MOU does not require that the City to apply a full shift of paid leave for each non-holiday day in the Winter Holiday Closure, thereby converting any time actually worked into overtime. The City can and will utilize a partial day of paid leave when an employee actually works a particular day during the Winter Holiday Closure. Likewise, if an employee works a full day, no paid leave would be used. Paid leave is only used to cover the remainder, or unworked, part of that shift. e) If an employee is called in on an emergency basis during the Winter Holiday Closure, such time would not result in the reduction of use of that employee s paid leave time on the day in question. Thus, the employee would use a full shift of paid leave as if no actual hours had been worked, and such emergency hours would be counted as additional time toward the overtime calculation. f) The term emergency, as referenced above, shall be defined in this context as work required to assess or address a non-scheduled incident requiring immediate attention at the risk of financial or catastrophic loss to the City. Emergency shall also be defined to include assessment by standby personnel regarding whether an incident qualifies as an emergency. g) Standby personnel shall have discretion to designate his or her own work as emergency work, as defined above. Standby personnel shall also have discretion to designate the work of one (1) other employee, as needed, as emergency work related to an individual incident. Standby personnel shall be required, however, to obtain supervisor approval to designate additional employee time as emergency work. (July 2017) Section 1. Participation ARTICLE 13: RETIREMENT BENEFITS The City participates in the CA Public Employees Retirement System (CALPERS). Tier I Employees hired prior to July 1, 2011 will have the 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee's "final compensation" will highest one-year salary. Effective the first full pay period in July 2011 employees in this group (pre ) will Page 9 Page 124 of 248

125 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 pay three (3%) percent of the Employees portion of the CALPERS retirement system. The City shall pay the remaining employee contribution (5%); provided, however said payments shall not exceed the full employee portion of 8%. These payments are not salary increases but are the City's payment of employees' retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code. For the purposes of any future comparisons of the level of compensation of employees covered by this Agreement with comparable employees in other jurisdictions, these payments shall be taken into account along with measuring base salaries. These payments shall be credited to the employees' accounts with PERS. Tier II Employees hired on or after July 1, 2011 will have the 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee's "final compensation" will be based on the highest consecutive 36 month average for determining retirement benefits. Employees in this group (post ) will pay the full employee portion of the CALPERS retirement system. Tier III Employees hired on or after January 1, 2013, as is mandated by the Public Employee s Pension Reform Act of 2013 (PEPRA), all new miscellaneous members, will have a retirement formula based on 62 Plan Full Formula for Miscellaneous Members and upon retirement an employee s final compensation will be based on the highest consecutive 36 month average. An employee in Tier III will pay 50% of Normal Costs. The amount is approved by CalPERS each year and is subject to change. Section Survivor's Benefit The City provides the Level 4 of the Level 1959 Survivor's Benefit for all employees enrolled in the PERS. The cost to employees for this benefit will be $2.00 per month. Section 3. PERS Military Buy-Back The agreement between the City and PERS shall allow for the buy-back of time served by the employee in the Military as defined under PERS Regulation, Section 21024, Statutes of Section 4. Health Insurance for Retired Employees All employees hired prior to July 1, 1990, who retire (i.e., begin to draw from their PERS retirement accounts), and have a minimum of ten (10) years of City service shall be eligible for retiree health benefits. The City s contributions towards retiree medical employee and spouse shall not exceed the actual costs for the employee or employee and spouse, based on the City Kaiser rate. Employees who retire (i.e. begin to draw from their PERS retirement account) after 20 years of City service, shall be entitled to Page 10 Page 125 of 248

126 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 receive City paid retiree dental insurance for the employee or for the employee and spouse. Employees who are ineligible for City paid retiree health insurance may elect, upon retirement, to continue medical and dental coverage at their own expense (including a reasonable administrative fee, not to exceed the statutory maximum for continuation coverage set forth under applicable law) through the City's medical and dental plans. The City will reimburse the cost of the standard "Part B" Medicare premium, which is $134 in 2017, for those employees who elect such coverage. This amount is subject to change based on adjustments by the Federal government. (July 2017) This cost is automatically withdrawn from those employees' Social Security checks. Employees must supply the City with proof of payment of said coverage, and will be reimbursed on a quarterly basis. No retroactive reimbursements will be given. Section 1. ARTICLE 14: COMMERCIAL DRIVER S LICENSE (CDL) PROGRAM All positions within the Yard Unit are required to have a CDL. All employees that do not have the required CDL with appropriate endorsement(s) for the classification they currently hold (as of August 8, 2017) will be grandfathered into the CDL program. However, if an employee wishes to promote or laterally transfer, they will be required to comply with the CDL licensure requirements below. Current employees are strongly encouraged to participate in the City s training program to obtain a driver s license class and other endorsements that may be needed for future promotional purposes. The City will pay for the CDL medical exam for all employees that hold CDLs if they are seen by the City s contracted medical provider. If an employee is unable to maintain the medical certification portion of their CDL, the City will engage in the interactive process. Section 2. CDL Licensure Requirements a. The following positions require an appropriate CDL with the appropriate endorsement(s). However, newly hired, promotional, or lateral transfer employees that possess a valid Driver s License but not the appropriate CDL at time of application will be given six (6) months from time of appointment to obtain the appropriate CDL with appropriate endorsement(s): Aquatics Maintenance Worker Equipment Mechanic I Equipment Mechanic II Maintenance Services Worker I Maintenance Services Worker II Mechanics Assistant Parks Maintenance Technician Page 11 Page 126 of 248

127 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 Pump Maintenance Assistant Pump Maintenance Technician Welder b. The following positions require a CDL with appropriate endorsement(s). Newly hired, promotional, or lateral transfer employees are required to possess the appropriate license and endorsement(s) at time of application: Chief Equipment Mechanic Equipment Operator I Equipment Operator II Equipment Operator III Maintenance Services Crew Chief Parks Technical Crew Chief Senior Facilities Maintenance Technician Senior Maintenance Services Worker Tree Trimming Specialist The City will update the above lists annually as new classifications are established for this Unit. Section 3. CDL Stipend Effective the beginning of the pay period containing August 8, 2017, employees holding a valid Class B California Driver s License shall receive a CDL stipend of $75 per month, and employees holding a valid Class A California Driver s License shall receive a CDL stipend of $100 per month. Effective the beginning of the pay period containing July 1, 2018, employees holding a valid Class B California Driver s License shall receive a CDL stipend of $100 per month, and employees holding a valid Class A California Driver s License shall receive a CDL stipend of $125 per month. Effective the beginning of the pay period containing July 1, 2019, employees holding a valid Class B California Driver s License shall receive a CDL stipend of $125 per month, and employees holding a valid Class A California Driver s License shall receive a CDL stipend of $150 per month. (July 2017) ARTICLE 15: LONGEVITY PAY Effective July 1, 2006, all (City Hall/Yard) employees will be eligible to receive an annual longevity payment. Completed years of service will be calculated on a calendar year (January 1 through December 31). This payment will be included as reportable income to PERS. The payment will be issued on or before December 15 th of each year and will be based on completed City of Fontana service in the following amounts: Page 12 Page 127 of 248

128 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, years or more of continuous service $ years or more of continuous service $1, years or more of continuous service $1, years or more of continuous service $2, years or more of continuous service $2, (July 2016) Effective July 1, 2018, annual longevity payments will increase to the following: 10 years or more of continuous service $ 1, years or more of continuous service $2, years or more of continuous service $2, years or more of continuous service $3, ARTICLE 16: CALL BACK PAY The City will pay for a minimum of two (2) hours wages for each time an employee is called back to work after his regular shift is completed and he has left his assigned work site. ARTICLE 17: REGULAR PART-TIME EMPLOYEES The Union will represent those regular classified twelve (12) month part-time employees ("classified" refers to those classifications formally adopted by City Council and incorporated into the City's classification plan) who share a community of interest with the existing Yard bargaining unit (hereinafter "Regular Part-time Employees"). Such employees shall also be eligible for benefits and other terms and conditions of employment as set forth in this MOU, except as provided herein. The parties expressly agree that Regular Part-time employees do not include: (a) seasonal or temporary employees; or (b) employees who are either supervisory, management or confidential. Regular/Classified Part-Time (RCP) Employees shall be eligible for personal leave on a pro rata basis (assuming eighty (80) hours per pay period equals one hundred percent (100%) and shall be paid for City designated holidays only if the holidays occur on days which they are regularly scheduled to work. The value of the holiday will be based on employee s normal scheduled hours for that day. RCP Employees shall not be eligible for longevity pay, or certificate bonuses. Part-time employment shall not count towards length of service for seniority or layoff purposes. Effective July 2014 RCP employees will be included in the annual service award program. RCP employees are eligible for the Public Agency Retirement System (PARS) or upon reaching 1,000 hours in a fiscal year the California Public Employees Retirement System (CALPERS). Employees will pay applicable employee portions. Regular Part-time Employees shall be eligible to participate in a Cafeteria Plan Page 13 Page 128 of 248

129 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 designated by the City, and shall receive a contribution equal to fifty percent (50%) of the benefit provided to Regular Full-Time Employees. The benefits for this plan shall include medical insurance, dental insurance, life insurance, and long-term disability insurance. Employees who do not utilize the full dollar amount of the City's contribution in selecting benefits in the plan, shall receive the unused portion as cash back. To the extent that the parties have failed to list any other benefits contained in the MOU or the City's Personnel Rules and Regulations, it is their intent that such benefits and conditions would apply to Regular Part-time Employees on a pro-rata basis where such benefits are conditioned upon, or in any way related to hours worked or length of service. ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS Subject to the following conditions, an employee who is required, on the basis of an acting appointment, to serve in a class with a higher salary range than that of the class in which the employee is normally assigned shall receive the entrance salary rate of the higher salary range or the rate of five percent (5%) higher than the employee normally receives, whichever is greater. a) Such pay will be for all hours worked in an acting appointment which are in excess of 80 hours in any floating six-month period. b) The employee must perform most of the primary duties and higher responsibilities of the higher class. c) Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of a newly budgeted position, where the needs of the City require that the position be filled. d) The Department Head, with concurrence of the Human Resources Director, must approve all such appointments based upon a finding that the criteria set forth in this paragraph has been met. e) Acting appointments shall not exceed six (6) months. Section 1. Assignment to Standby ARTICLE 19: STANDBY DUTY Standby assignments and requirements for employees assigned to standby duty will be determined by the Department Head or designee(s). Page 14 Page 129 of 248

130 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 Section 2. Standby Compensation Effective the beginning of the pay period containing August 8, 2017, an employee assigned to standby duty will be compensated at a rate of $ per week, and will be entitled to overtime as provided for herein. In accordance with Article XVI, Call Back Pay, the City will pay for a minimum of two (2) hours wages for each time an employee is called back to work after his regular shift is completed and he has left his assigned work site. ARTICLE 20: LATERAL TRANSFER CONSIDERATION Initial consideration for all vacant positions within the Yard represented classifications, will be given to Lateral Transfer requests. If there are multiple qualified candidates the following factors will be considered by management in making the selection: relative experience, past performance and seniority. Employees with attendance or disciplinary issues within the last twelve (12) months may be excluded. If it is determined that there is not a suitable Lateral Transfer, based on the factors listed, the recruitment may become a promotional or an open recruitment. (July 2016) ARTICLE 21: LAYOFFS The City agrees to notify the Union representatives at least thirty (30) calendar days prior to the imposition of furlough days for Yard bargaining unit members. ARTICLE 22: MERIT INCREASES Merit increases will be 5% increments beginning with Step 1 and ending with Step 5. ARTICLE 23: UNIFORMS ALLOWANCE AND BOOT REIMBURSEMENT Uniforms and the cleaning costs of the uniforms will be provided by the City for Public Works Department employees. Employees may wear clean, non-tattered jeans as a substitute for uniform pants. In addition, the City will provide a uniform short which may be worn by Public Works employees if not inappropriate for the job. Upon the occurrence of the first injury attributable to wearing short pants (vs. long pants) the City and the Yard bargaining unit agree to meet and confer on the issue of continuing the shorts option. Boot Reimbursement: The City will provide up to a $200 reimbursement, once a calendar year, for the purchase of steel toed, minimum 6 inch shaft work boots meeting OSHA standards, upon proof of purchase. (July 2017) This reimbursement is for the annual purchase of the required safety footwear and may be monitored by the City to confirm compliance. Page 15 Page 130 of 248

131 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 ARTICLE 24: ACCESS TO WORK LOCATIONS The parties recognize and agree that in order to maintain good employee relations, it is sometimes necessary for Business Agents of the Union confer with City employees during working hours. Therefore, Union Business Agents will be granted access to work locations during regular working hours to investigate and process grievances or appeals when so necessary. Union Business Agents shall be granted access upon obtaining authorization from the appointing authority or designated management representative prior to entering a work location and after advising of the general nature of the business. However, the appointing authority or designated management representative may deny access or terminate access to work locations if in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The appointing authority shall not unreasonably withhold timely access to work locations. The appointing authority shall insure that there is at all times someone designated who shall have full authority to approve access. If a request is denied, the appointing authority or designated management representative shall establish a mutually agreeable time for access to the employee. Union Business Agents granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal. The appointing authority or designated management representative may mutually establish with the Union Business Agents reasonable limits as to the number of visits authorized with the same employee on the same issue, and reasonable limits as to the number of employees who may participate in a visit when several employees are affected by a specific issue. The City shall not unduly interfere with the Union's access to work locations. ARTICLE 25: LOCAL UNION ACTIVITIES The City will provide the Yard Unit one hundred (100) hours per Fiscal Year for steward meetings, trainings, new member orientations, and executive board meetings. Requests must be made to the employee s immediate supervisor a minimum of five (5) days in advance. (July 2016) ARTICLE 26: HEALTH AND SAFETY COMMITTEE A joint labor/management committee shall be established with equal Union and City representatives to discuss safety and health issues on a monthly or quarterly basis or as otherwise determined by the committee. The committee shall be comprised of an equal number of representatives from the Yard, and City Hall units. Page 16 Page 131 of 248

132 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 ARTICLE 27: JOINT LABOR/MANAGEMENT COMMITTEES During the term of this MOU, a joint labor/management committee will be established, comprised of four (4) Union Stewards, one (1) Business Agent, and Department management. The purpose of this committee will be to discuss concerns including training, cross-training, use of Part-Time employees, workload, etc. These meetings will be scheduled depending on necessity, anticipated to be quarterly. A joint labor/management committee shall also meet and confer on the City s proposed changes to the Employer-Employee Relations Resolution, as well as proposed legally required updates to the City of Fontana s Personnel Rules & Regulations. ARTICLE 28: WELLNESS The City shall allow all employees represented by the Union use of the Miller and North Fontana Fitness Centers (Only) at no cost to the employee. Use of the centers is at each employee s own risk, and subject to the rules and regulations and hours of operation determined by the Community Services Department. Employees MUST show City issued ID to obtain access. Violation of any safety rule or regulations shall constitute valid grounds for revocation of the privilege of Fitness Center usage, not subject to grievance. ARTICLE 29: SEVERABILITY Should any legal action be filed and upheld challenging the enforceability or validity of any economic provision of this Agreement, or if any provisions of this Agreement shall be held by a court of competent jurisdiction to be in conflict with any law of the United States or California, the City or the Union may, at its option, require the parties to meet and confer on a new Memorandum of Understanding. Page 17 Page 132 of 248

133 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 Ratified by City Council: Tentative Agreement on August 8, 2017, Closed Session Official Ratification on August 22, 2017, Consent Calendar CITY OF FONTANA TEAMSTERS LOCAL 1932 YARD UNIT Page 18 Page 133 of 248

134 TEAMSTERS LOCAL 1932, YARD BARGAINING UNIT JULY 1, 2017 JUNE 30, 2020 Appendix A Class Code Job Class Title 4190 Aquatic Maintenance Worker 5240 Chief Equipment Mechanic 4360 Equipment Mechanic I 4630 Equipment Mechanic II 4540 Equipment Operator I 4660 Equipment Operator II 5090 Equipment Operator III 4780 Maintenance Services Crew Chief 3600 Maintenance Services Worker I 4180 Maintenance Services Worker II 4280 Mechanics Assistant 4670 Parks Maintenance Technician 5250 Parks Technical Crew Chief 1520 Pump Maintenance Assistant 4650 Pump Maintenance Technician 4640 Senior Facilities Maintenance Technician 4450 Senior Maintenance Services Worker 4620 Tree Trimming Specialist 3005 Welder *The City will update the above list annually as new classifications are established for this Unit. Page 134 of 248

135 Regular City Council Meeting - August 22, CITY 2017OF FONTANA YARD BARGAINING UNIT HOURLY/MONTHLY/ANNUAL/PAY SCHEDULE 7YD - 4% increase effective 08/05/2017 TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Aquatics Maintenance Worker 25 Chief Equipment Mechanic 78 Equipment Mechanic I Hourly 3, , , , , Monthly 44, , , , , Annual , , , , , , , , , , , , , , , , , , , , Equipment Mechanic II Senior Facilities Maintenance Tech , , , , , , , , , , Equipment Operator I , , , , , , , , , , Equipment Operator II Welder , , , , , , , , , , Equipment Operator III , , , , , , , , , , Maintenance Service Worker I Mechanics Assistant Maintenance Services Worker II Maintenance Services Crew Chief Parks Technical Crew Chief Pump Maintenance Technician , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Parks Maintenance Technician , , , , , , , , , , Page 1 Page 135 of 248

136 Regular City Council Meeting - August 22, CITY 2017OF FONTANA YARD BARGAINING UNIT HOURLY/MONTHLY/ANNUAL/PAY SCHEDULE 7YD - 4% increase effective 08/05/2017 TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Pump Maintenance Assistant Senior Maintenance Service Worker Hourly 3, , , , , Monthly 47, , , , , Annual Tree Trimmer Specialist , , , , , , , , , , Page 2 Page 136 of 248

137 ACTION REPORT August 22, 2017 FROM: Department of Community Development SUBJECT: Third Amendment to the Citrus Heights North Development Agreement (Agreement No ) RECOMMENDATION: 1. Determine that the proposed Ordinance and the proposed Agreement have been determined not to have a significant effect on the environment pursuant to the California Environmental Quality Act (CEQA) 15061(b)(3) (Review of Exemption) and qualifies for an Exemption; and, 2. Waive further reading of and introduce Ordinance No., an Ordinance of the City of Fontana approving the Third Amendment to the Citrus Heights North Development Agreement between the City of Fontana and SC Fontana Development Company, LLC; and that the reading of the title constitutes the first reading thereof. COUNCIL GOALS: * To create a team by ensuring commissions work within clear guidelines to achieve Council goals. DISCUSSION: Background: On June 20, 2017, the Planning Commission adopted Resolution PC No recommending approval to the City Council of Agreement No The applicant's request is for the City Council to approve the Third Amendment to the Citrus Heights North Development Agreement extending the time frame six (6) additional years from September 2017 to September the Planning Commission adopted the Resolution by a vote of 4-0. Location: The Citrus Heights North Specific Plan is located in North Fontana in an R-PC (Residential-Planned Community) area. The site is generally bounded by Summit Avenue on the south, Lytle Creek Road on the west, and Citrus Avenue on the east. The Citrus Heights North Specific Plan includes the development of 1,154 total units (606 Single-Family Residential and 548 Multi-Family Residential). The site is traversed by two utility easements, neither of which are part of the project. The first corridor is a 450-foot northeast-southwest corridor with power transmission towers, used by Southern California Edison (SCE), Southern California Gas (SCG), and the Metropolitan Water District (MWD). The second corridor is a 300-foot east-west corridor used by MWD. Surrounding land uses include vacant residentially zoned land to the north, east, and west of the project site and the previously approved Page 137 of 248

138 Citrus Heights South Specific Plan, and Summit High School to the south. Development Agreement: Development Agreements are discretionary actions allowed by State law with several basic functions. This agreement vests the right of the applicant to develop the property per the Citrus Heights North Specific Plan and limits the City s ability to amend the Specific Plan without consent of the applicant. Also, the agreement freezes the City s development impact fees for the life of the agreement. The original development agreement was approved on August 17, 2004 and recorded September 17, 2004 and it was set to expire on September 17, 2009 (Attachment No. 1). The agreement allowed for an automatic extension of five (5) years. The applicant processed the first amendment to the agreement and extended the expiration of the agreement to September 17, 2014 as permitted by the agreement (Attachment No. 2). A second amendment was approved by the City Council on February 10, 2015, that extended the agreement an additional three (3) years extending the expiration date to September 17, 2017 (Attachment No. 3). Since the specific plan is not fully developed and due to the recent economic recession and downturn in the real estate market, the applicant, SC Fontana Development Company LLC, is requesting an extension of the Agreement for six (6) additional years. As of July 2017, only 520 residential building permits had been issued by the City out of the 1154 allowed by the specific plan. The updated agreement has been reviewed by staff and the City Attorney s office and is submitted for City Council's consideration (Attachment No. 4). FISCAL IMPACT: None MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY: APPROVED BY: Page 138 of 248

139 ATTACHMENTS: Description: Ordinance Attachment No. 1 - Original DA Attachment No. 2 - First Amendment Attachment No. 3 - Second Amendment Attachment No. 4 - Exhibit A Third Amendment Type: Backup Material Backup Material Backup Material Backup Material Backup Material ITEM: PH-A Page 139 of 248

140 ORDINANCE NO. AN ORDINANCE OF THE CITY OF FONTANA, CALIFORNIA, APPROVING THIRD AMENDMENT TO THE CITRUS HEIGHTS NORTH DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FONTANA, AND SC FONTANA DEVELOPMENT COMPANY LLC. WHEREAS, the City Council ("City Council") of the City of Fontana ("City") is authorized by California Government Code sections et seq. and section of the City's Development Code ("Development Code") to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, City is authorized to amend the agreement pursuant to Section 2.5 of the Agreement and Section of the Government Code; and WHEREAS, as of July 1, 2017, only 520 building permits for DU's in the Project of the 1154 DU s permitted by the agreement had been issued by the City due to the severe economic recession and downturn in the San Bernardino County real estate market that impacted the project for a number of years. WHEREAS, the best interests of the citizens of the City of Fontana and the public health, safety and welfare will be served by extending the current Term of the agreement for an additional six (6) years; and WHEREAS, the City has determined that there exists no uncured default by developer under the agreement as set forth in Section 2.3(ii) of the agreement. WHEREAS, City has found that the third amendment to the Citrus Heights North Development Agreement attached hereto as Exhibit A and incorporated herein by reference ("Development Agreement") is consistent with City's General Plan and it has been reviewed and evaluated in accordance with section of the City Development Code; and WHEREAS, City has determined that by extending the Development Agreement: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will 1 Page 140 of 248

141 benefit from increased employment, commercial and recreational opportunities created by the Project for residents of the City; and WHEREAS, on August 22, 2017, the City Council introduced this Ordinance through a first reading of this Ordinance; and WHEREAS, the City has determined that this Third Amendment will not result in any significant effects on the environment not previously analyzed in the Project s EIR (SCH # ) and is not a Project as defined in Pubic Resources Code Section of the California Environmental Quality Act ( CEQA ), and has determined that all requirements of CEQA have been met with respect to this Amendment. THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS: Section 1. Pursuant to California Government Code sections et seq., the City Council hereby approves the Third Amendment to the Citrus Heights North Development Agreement, a copy of which is on file with the City Clerk and incorporated by reference herein, entitled "Development Agreement between SC Fontana Development Company LLC., and the City of Fontana". Section 2. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the Development Agreement will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City. Section 3. The City Council hereby incorporates by reference the Recitals set forth herein and adopts those recitals as its own as though fully set forth in this Ordinance. Pursuant to California Government Code section (b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property at the intensity and density allowed under the General Plan and with the restrictions and standards set forth in the City's Municipal Code and the Development Agreement. Section 4. The City Clerk shall cause to be recorded with the San Bernardino County Recorder a copy of the executed Development Agreement at the time and in the manner provided for in the DA. Section 5. The proposed Ordinance and the proposed Agreement have been determined not to have a significant effect on the environment pursuant to the California Environmental Quality Act (CEQA) 15061(b)(3) (Review of Exemption) and qualify for an Exemption. This proposal will extend the Citrus Heights North Development Agreement for an additional six (6) years from September 2017 to September Page 141 of 248

142 The agreement does not permit specific development or indicate the placement of physical buildings. Section 6. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shall be published at least once in the Herald News, a newspaper of general circulation in the City of Fontana. Thereafter this Ordinance shall be in full force and effect. APPROVED and ADOPTED this 22nd day of August READ AND APPROVED AS TO LEGAL FORM: City Attorney 3 Page 142 of 248

143 I, Tonia Lewis, 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 22nd day of August, 2017, and was finally passed and adopted not less than five days thereafter on the 12th day of September, 2017 by the following vote to wit: AYES: NOES: ABSENT: City Clerk of the City of Fontana Mayor of the City of Fontana ATTEST: City Clerk 4 Page 143 of 248

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215 ORDINANCE NO AN ORDINANCE OF THE CITY OF FONTANA, CALIFORNIA, APPROVING SECOND AMENDMENT TO THE CITRUS HEIGHTS NORTH DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FONTANA, AND SC FONTANA DEVELOPMENT COMPANY LLC. WHEREAS, the City Council (" City Council") of the City of Fontana (" City") is authorized by California Government Code sections et seq. and section of the City' s Development Code (" Development Code") to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, City is authorized to amend the agreement pursuant to Section 2. 5 of the Agreement and Section of the Government Code; and WHEREAS, as of July 1, 2014, only 520 building permits for DU' s in the Project of the 1127 DU' s permitted by the agreement had been issued by the City due to the severe economic recession and downturn in the San Bernardino County real estate market that impacted the project for a number of years. WHEREAS, the best interests of the citizens of the City of Fontana and the public health, safety and welfare will be served by extending the current Term of the agreement for an additional three ( 3) years; and WHEREAS, the City has determined that there exists no uncured default by developer under the agreement as set forth in Section 2. 3( ii) of the agreement. WHEREAS, City has found that the second amendment to the Citrus Heights North Development Agreement attached hereto as Exhibit A and incorporated herein by reference (" Development Agreement") is consistent with City's General Plan and it has been reviewed and evaluated in accordance with section of the City Development Code; and Page 1 of 4 Page 215 of 248

216 Ordinance No the Development WHEREAS, the City has determined that by extending Agreement: ( i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and ( ii) City will benefit from increased employment, commercial and recreational opportunities created by the Project for residents of the City; and WHEREAS, on January 27, 2015, the City Council introduced this Ordinance through a first reading of this Ordinance; and WHEREAS, the City has determined that this Second Amendment will not result in any significant effects on the environment not previously analyzed in the Project's EIR SCH # ) and is not a " Project" as defined in Pubic Resources Code Section Act ("CEQA"), and has determined that all of the California Environmental Quality requirements of CEQA have been met with respect to this Amendment. FOLLOWS: THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS Section 1. Pursuant to California Government Code sections et seq., the City Council hereby approves the Second Amendment to the Citrus Heights North Development Agreement, a copy of which is on file with the City Clerk and incorporated by reference herein. Section 2. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the Development Agreement will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City. Section 3. The City Council hereby incorporates by reference the Recitals set forth herein and adopts those recitals as its own as though fully set forth in this Ordinance. Pursuant to California Government Code section ( b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property at the intensity and density allowed under the General Plan and with the restrictions and standards set forth in the City's Municipal Code and the Development Agreement. Section 4. The City Clerk shall cause to be recorded with the San Bernardino County Recorder a copy of the executed Development Agreement at the time and in the manner provided for in the DA. Section 5. The environmental effects associated with the amendment to the Development Agreement have been previously analyzed in the Project's EIR (SCH Page 2 of 4 Page 216 of 248

217 Ordinance No ) and is not a " Project" as defined in Pubic Resources Code Section of the California Environmental Quality Act ("CEQA"), and has determined that all requirements of CEQA have been met with respect to this Amendment. Section 6. This Ordinance shall take effect thirty ( 30) days after the date of its adoption, and prior to the expiration of the fifteen ( 15) days from the passage thereof, the Ordinance or a summary of the Ordinance shall be published at least once in the Herald News, a newspaper of general circulation in the City of Fontana. Thereafter this Ordinance shall be in full force and effect. APPROVED and ADOPTED this 10th day of February, READ AND APPROVED AS TO LEGAL FORM: City Aorfiey I, Tonia Lewis, 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 27th day of January, 2015, and was finally passed and adopted not less than five days thereafter on the 10th day of February, 2015 by the following vote to wit: AYES: Mayor Warren, Mayor Pro Tern Tahan, Council Members Roberts, Salazar- Wibert and Sandoval NOES: ABSENT: ABSTAIN: City Cler if the City of Fontana I Mayor of th N ity of Fontana Page 3 of 4 Page 217 of 248

218 Ordinance No ATTEST: City Clerk 0.4.<,C) Page 4 of 4 Page 218 of 248

219 EXHIBIT " A" DEVELOPMENT AGREEMENT to be attached] Exhibit A Page 219 of 248

220 Recorded at request of Clerk, City Council City of Fontana When recorded return to City of Fontana 8353 Sierra Avenue Fontana, CA Attention: City Clerk Exempt from Filing Fees Gov. Code section 6103 SECOND AMENDMENT TO CITRUS HEIGHTS NORTH DEVELOPMENT AGREEMENT A STATUTORY DEVELOPMENT AGREEMENT between CITY OF FONTANA a California municipal corporation and SC FONTANA DEVELOPMENT COMPANY, LLC a Delaware limited liability company Attachment No. 3 Page 220 of 248

221 SECOND AMENDMENT TO CITRUS HEIGHTS NORTH DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO CITRUS HEIGHTS NORTH DEVELOPMENT AGREEMENT ( hereinafter" Second Amendment") is entered into effective on the date set forth below as the " Effective Date" and amends ( i) that certain Citrus Heights North Development Agreement made by and between the City of Fontana ( hereinafter " CITY"), and SC Fontana Development Corporation, a California corporation (" SC Fontana"), and Citrus Heights North Holding Company, LLC, a Delaware limited liability company (" Citrus") and recorded as Document No on October 21, 2004 in the Official Records of San Bernardino County ( the " Official Records"), and ( ii) that certain First Amendment to Citrus Heights North Development Agreement made by and between the City, SC Fontana and Citrus and recorded as Document No on November 5, 2009 in the Official Records ( collectively the Agreement"). This Amendment concerns only that portion of the Property described in the Agreement which is owned by the undersigned, SC Fontana Development Company, LLC, a Delaware limited liability company (" SCFDC") and described in Exhibit " A" attached hereto (the SCFDC Property"). The Agreement has terminated in accordance with Section of the Agreement with regards to all of the remaining Property covered by the Agreement since that Property has been developed and sold or transferred to a member of the public or other ultimate user. SCFDC acquired fee title to all of the SCFDC Property from SC Fontana, its affiliate and original sole member, on May 5, 2010, by recordation of that certain Grant Deed recorded as Document No in the Official Records ( the " SCFDC Deed"). SCFDC succeeded to all right, title and interest of SC Fontana as the " OWNER" and " Developer" of the SCFDC Property under the Agreement from and after May 5, As used herein, any references in this Second Amendment or in the Agreement to the " DEVELOPER, or OWNER, or DEVELOPER/ OWNER" shall mean SCFDC as to the SCFDC Property. CITY and SCFDC hereby agree to amend the Agreement as set forth herein. All capitalized terms used herein shall have the same meanings given those terms in the Agreement unless otherwise defined herein. RECITALS WHEREAS, CITY is authorized to amend the Agreement pursuant to Section 2. 5 of the Agreement and Section of the Government Code; and WHEREAS, as of July 1, 2014, only 520 building permits for DU' s in the Project of the 1127 DU' s permitted by the Agreement had been issued by the CITY due to the severe economic recession and downturn in the San Bernardino County real estate market that impacted the Project for a number of years. WHEREAS, the best interests of the citizens of the City of Fontana and the public health, safety and welfare will be served by extending the current Term of the Agreement for an additional three ( 3) years; and WHEREAS, the CITY has determined that there exists no uncured default by DEVELOPER under the Agreement as set forth in Section 2. 3( ii) of the Agreement. WHERAS, the City has determined that this Second Amendment will not result in any significant effects on the environment not previously analyzed in the Project's EIR ( SCH ) and is not a " Project" as defined in Pubic Resources Code Section of the 1 Page 221 of 248

222 California Environmental Quality Act (" CEQA"), and has determined that all requirements of CEQA have been met with respect to this Amendment. NOW, THEREFORE, CITY and DEVELOPER/ OWNER agree to amend the Agreement with regards to the SCFDC Property as follows: 1. Amendment of Term. Section 2. 3, Term, is amended by extending the Term for three ( 3) years from September 17, 2014 to, and including, September 17, 2017, whereupon it shall terminate automatically unless further extended by amendment to this Agreement approved by the City Council in accordance with Section 2. 5 of this Agreement. 2. Assignment/Assumption. SCFDC does hereby acknowledge and agree and reaffirm that, effective May 5, 2010 (the "Assignment and Assumption Date"), it did acquire by the SCFDC Deed all right, title and interest in the SCFDC Property from SC Fontana by its contribution of the SCFDC Property to SCFDC as the sole member of SCFDC upon the formation of SCFDC, which contribution included an assignment of all of SC Fontana' s rights, title and interests, to, in and under the Agreement solely with respect to the SCFDC Property. SCFDC does hereby acknowledge and agree and reaffirm that, effective as of the Assignment and Assumption Date, it did assume all of SC Fontana' s rights, title and interests to, in and under the Agreement as well as all responsibilities, liabilities, duties and obligations under the Agreement, including, without limitation, those that relate to the construction of improvements on the SCFDC Property. SC Fontana is, from and after the Assignment and Assumption Date, released from all obligations under the Agreement in accordance with Section of the Agreement. By its execution of this Second Amendment, the City hereby agrees that this paragraph satisfies the requirement of Section for an express assumption by SCFDC of all of the duties and obligations of SC Fontana under the Agreement and for the full and complete release of SC Fontana from the Agreement. 3. Integration. This Second Amendment reflects the complete understanding of the parties with respect to the subject matter hereof. Except as expressly modified by this Second Amendment, the provisions of the Agreement shall govern the conduct of the parties. To the extent this Second Amendment conflicts with the Agreement, this Second Amendment supersedes such previous document. ratify all other provisions of the Agreement. In all other respects, the parties hereto re- affirm and 2 Page 222 of 248