Agenda packet — Ontario City Council, January 18, 2022 (part 1 of 8)

CITY OF ONTARIO
Regular Council Meeting | JANUARY 18, 2022
Online Meeting
www.ontarioca.gov/Agendas/CityCouncil
MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA DORST-PORADA AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to [email protected]. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record. To comment by telephone call 909-395-2900 on the day of the meeting.

Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up.

In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.

All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

ORDER OF BUSINESS
The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at 5:00 p.m., Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

CALL TO ORDER (OPEN SESSION)
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 1. A RESOLUTION AUTHORIZING REMOTE TELECONFERENCE/VIRTUAL MEETINGS PURSUANT TO ASSEMBLY BILL 361
ATTACHMENT: 20220118 Virtual Meetings Under AB 361^RESO^RM ATTACHMENT: 20220118 Closed Session

ROLL CALL
Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon

ADMINISTRATIVE REPORT/DISCUSSION/ACTION
That if the City Council desires to meet virtually without posting the agenda at each location from where each Councilmember attends, that the City Council make findings authorizing remote teleconference/virtual meetings of the City Council pursuant to Assembly Bill 361 (“AB 361”) based on the ongoing COVID-19 pandemic.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

AUTHORIZING REMOTE TELECONFERENCE MEETINGS PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL 361.

CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Members of the public who wish to provide a comment to Closed Session may do so by calling 909-395-2900 at 4:45 p.m. or by emailing [email protected] no later than 4:00 p.m. on the day of the meeting.

CLOSED SESSION
GC 54957.6, LABOR NEGOTIATIONS: City Negotiator: City Manager or his designees; Bargaining Units: AFSCME Local 3061, Teamsters Local 1932, Association of Management Employees, Confidential Group, Part-time Employees, Department Heads, Executives, Ontario Professional Firefighters Association Local 1430; Ontario Fire Management Group, Ontario Police Officers Association, and the Ontario Police Management Group.

PLEDGE OF ALLEGIANCE
Council Member Bowman
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 ATTACHMENT: 20220118.National Blood Donor Month^01 Proclamation

REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS 6:30 p.m.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

All members of the public who wish to provide a general comment or address a specific agenda item may do so by calling 909-395-2900 starting at 6:00 p.m. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record.

AGENDA REVIEW/ANNOUNCEMENTS
The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered.

SPECIAL CEREMONIES

A PROCLAMATION RECOGNIZING JANUARY AS NATIONAL BLOOD DONOR MONTH That the City Council proclaim the month of January 2022 as National Blood Donor Month and support the efforts of blood centers and community organizations efforts to encourage blood donations.

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 a separate vote.

Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.

CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3 2. APPROVAL OF MINUTES
ATTACHMENT: 20211207 Minutes (Not official until approved).pdf ATTACHMENT: 20211221 Minutes (Not official until approved).pdf

3. BILLS & PAYROLL

4. DESIGNATION OF VOTING DELEGATES FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF

GOVERNMENTS (SCAG) ANNUAL GENERAL ASSEMBLY MEETING

5. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN BERNARDINO

COUNTY TAX ROLLS
ATTACHMENT: 20220118 Comm Imp Special Assessments for County Tax Rolls^02^RESO^RM
ATTACHMENT: 20220118 Comm Imp Special Assessments for County Tax Rolls^03 EXH A
ATTACHMENT: 20220118 Comm Imp Special Assessments for County Tax Rolls^04 EXH B
ATTACHMENT: 20220118 Comm Imp Special Assessments for County Tax Rolls^05 EXH C

6. APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ONTARIO AND CASEWORTHY, INC.

Minutes for the regular meetings of the City Council and Housing Authority of December 7, 2021 and December 21, 2021, approving the same as on file in the Records Management Department.

Bills December 3, 2021 through December 23, 2021 and Payroll November 20, 2021 through December 18, 2021 when audited by the Finance Committee.

That the City Council appoint Council Member Debra Dorst-Porada as the City Delegate Representative and Mayor Paul Leon as the alternate.

That the City Council adopt a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations, and placing assessments on the San Bernardino County Tax Rolls.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

ADOPTING A REPORT REQUESTING THE PLACEMENT OF SPECIAL ASSESSMENTS

ON PROPERTY TAX BILLS FOR CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.

That the City Council approve Amendment No. 2 to the Professional Services Agreement (“Agreement”) between CaseWorthy, Inc. of Salt Lake City, Utah, and the City of Ontario for additional work to develop a database system for the Continuum of Care Disaster Response, CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 7. AB 1600 DEVELOPMENT IMPACT FEE (DIF) ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021 (UNAUDITED)
ATTACHMENT: 20220118 AB1600 Report (unaudited)^01 EXH A

8. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-004) BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO HOLDINGS, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO. PMTT21-011), AN 11.05-ACRE PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF ARCHIBALD AND CHINO AVENUES, WITHIN THE NEIGHBORHOOD 7 LAND USE DISTRICT

OF THE COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0218-111-34
ATTACHMENT: 20220118 File No. PDA21-004 LHC Ontario Holdings LLC^01 EXH A & B ATTACHMENT: 20220118 File No. PDA21-004 LHC Ontario Holdings LLC 03^ORD^RM ATTACHMENT: 20220118 File No. PDA21-004 LHC Ontario Holdings LLC^04 AGMT

9. PROFESSIONAL SERVICES AGREEMENT WITH KOFF & ASSOCIATES FOR A CLASSIFICATION

AND COMPENSATION STUDY FOR THE ONTARIO MUNICIPAL UTILITIES COMPANY AND

THE INTEGRATED WASTE DEPARTMENT
adding the amount of $35,640, for a total contract amount of $211,033.

That the City Council accept the City of Ontario’s AB 1600 Development Impact Fee (DIF) Annual Report for Fiscal Year ended June 30, 2021 (unaudited).

That the City Council consider and adopt an ordinance approving the Development Agreement (File No. PDA21-004) between the City of Ontario and LHC Ontario Holdings, LLC., to establish the terms and conditions for development of Tentative Tract Map 18916 (File No. PMTT21- 011), an 11.05-acre property located near the southwest corner of Archibald and Chino Avenues, within the Neighborhood 7 land use district of the Countryside Specific Plan.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-004, A DEVELOPMENT AGREEMENT, BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO HOLDINGS, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO. PMTT21-011), AN 11.05 ACRE PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF ARCHIBALD AND CHINO AVENUES, WITHIN THE NEIGHBORHOOD 7

LAND USE DISTRICT OF THE COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0218-111-34.

That the City Council approve and authorize the City Manager to award the Professional Services Agreement (on file with the Records Management Department) to Koff & Associates, a division of Gallagher Benefit Services Inc., of Berkeley, California, for the Classification and Compensation Study for the Ontario Municipal Utility Company (OMUC) and the Integrated Waste Department in the amount of $123,420, plus 15% ($18,513) contingency for a total authorized expenditure not to exceed $141,933.

CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 10. AN ORDINANCE LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA)
ATTACHMENT: 20220118 CFD No. 56 Parkside La Avenida 01^ORD^RM

11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 31 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA.

ATTACHMENT: 20220118 Amending Sidewalk Vending^01 ORD^RM

12. A CONTRACTUAL SERVICES AGREEMENT, STATEMENT OF WORK, AND LICENSE

AGREEMENT FOR UPGRADING THE CITYVIEW CODE ENFORCEMENT SYSTEM

13. THE PURCHASE AND RENEWAL OF THE EXISTING WORK ORDER AND ASSET MANAGEMENT

SYSTEM FOR PUBLIC WORKS AND ONTARIO MUNICIPAL UTILITIES COMPANY

14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4-19.06 OF THE CITY OF ONTARIO MUNICIPAL, RELATING TO TOW

SERVICES AND REGULATIONS
That the City Council consider and adopt an ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 56 (Parkside/La Avenida).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

LEVYING SPECIAL TAXES WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENDIA).

That the City Council consider and adopt an ordinance to amend Chapter 31 to title 5 of Volume 1 to the Ontario Municipal Code relating to sidewalk vending.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 31 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL

CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA.

That the City Council approve and authorize the City Manager (or his designee) to negotiate and execute a Contractual Services Agreement, Statement of Work, and License Agreement (on file in the Records Management Department) in the amount of $129,092.00 with N. Harris Computer Corporation, to upgrade the City View Code Enforcement system and maintain the software for a three-year term.

That the City Council authorize the City Manager to execute a three (3) year agreement (on file in the Records Management Department) with Azteca Systems, LLC, of Sandy, Utah, to renew and extend the use of the Cityworks work order and asset management system used by Public Works and Ontario Municipal Utilities Company (OMUC) in the amount of $317,341, including an amount of $104,040 for the first year and $106,120 and $107,181 for the optional second and third years.

CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 ATTACHMENT: 20220118 Towing Modifications EXHIBIT A
ATTACHMENT: 20220118 Tow Ordinance Update to OMC Sec. 4-19.06 ORD^RM

15. A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A ZONE CHANGE (FILE NO. PZC21-001) AMENDING THE ZONING DESIGNATION ON 2.77 ACRES OF LAND FROM IL (LIGHT INDUSTRIAL) TO IG (GENERAL INDUSTRIAL), LOCATED AT 1948 SOUTH BON VIEW AVENUE; APN:1050-441-05.

ATTACHMENT: 20220118 File No. PZC21-001^02 PC Backup
ATTACHMENT: 20220118 File No. PZC21-001^03^RESO-ADDENDUM^RM ATTACHMENT: 20220118 File No. PZC21-001^04^RESO^ATTACHMENT-ADDENDUM That the City Council adopt an ordinance amending Chapter 19 of Title 4 of Volume I to the Ontario Municipal Code, relating to tow services and regulations.

AN ORDINANCE OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4-

19.06 OF THE CITY OF ONTARIO MUNICIPAL CODE RELATED TO TOWING REGULATIONS AND THE ROTATIONAL TOW PROGRAM.

PUBLIC HEARINGS
Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, 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 Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department.

That the City Council consider the following:

A. A Resolution approving the use of an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140); and B. The introduction and waiving of further reading of an ordinance approving a Zone Change (File No. PZC21-001) amending the zoning designation on 2.77 acres of land located at 1948 South Bon View Avenue, from IL (Light Industrial) to IG (General Industrial).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

APPROVING AN ADDENDUM TO THE ONTARIO PLAN ENVIRONMENTAL IMPACT REPORT (SCH # 2008101140), PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NOS. PZC21- 001, PDEV21-030, AND PHP21-015.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC21-001, A ZONE CHANGE ON 2.77 ACRES OF LAND FROM IL (LIGHT INDUSTRIAL) TO IG (GENERAL INDUSTRIAL), LOCATED AT 1948 SOUTH BON VIEW AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1050- 441-05.

CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 ATTACHMENT: 20220118 File No. PZC21-001^05^ORD^RM

16. AUTHORIZE THE PURCHASE OF FIBER OPTIC MATERIALS AND EQUIPMENT AS PART OF THE

EXPANSION OF THE CITY'S BROADBAND/FIBER OPTIC NETWORK

17. AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT FOR WATER MAIN

REPLACEMENT PROJECT
ATTACHMENT: 20220118 UT1060 Replacements Agenda Map^01 EXH A

18. A CONSTRUCTION CONTRACT AND A PROFESSIONAL SERVICES AGREEMENT FOR WELL NOS. 37 & 39 ION EXCHANGE TREATMENT FACILITY PROJECT
ATTACHMENT: 20220118 UT1029 37-39 IX Plant^01 EXH A

19. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS PARK FACILITIES) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000.00 AND RELATED

MATTERS

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
Award Bid number 1480 for the purchase and delivery of fiber optics cable, material, and equipment in the amount of $1,201,741 plus applicable taxes and shipping to Procom Supply, LLC of Denver, Colorado.

That the City Council approve and authorize the City Manager to execute Amendment No. 7 to the on-call Design Services Agreement (on file in the Records Management Department) with Kleinfelder, Inc. of Ontario, California in the amount of $835,929, plus a 15% contingency of $125,389 for a total amount of $961,318 and extend the term of the Agreement by one (1) year, the first extension of the original Agreement.

That the City Council take the following actions:

A. Approve the plans and specifications and award Contract No. UT 1029 (on file in the Records Management Department) to Pacific Hydrotech Corporation of Perris, California, for the construction of Well Nos. 37 & 39 Ion Exchange Treatment Facility Project, in the amount of $10,080,500 plus a 15% contingency of $1,512,075, for a total amount of $11,592,575; and authorize the City Manager to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.

B. Approve and authorize the City Manager to execute a Professional Services Agreement (on file in the Records Management Department) with GHD, Inc. of Irvine, California, for construction management services in the amount of $915,279 plus a 15% contingency of $137,292 for a total amount of $1,052,571.

That the City Council consider and adopt a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 41 (Canvas Park Facilities) Special Tax Bonds, Series CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 ATTACHMENT: 20210118 CFD 41 Canvas Park Facilities^01 RESO^RM 2022.

A. Authorize the issuance of special tax bonds for public improvements required to facilitate the development of the Canvas Park Facilities project and the Ontario Ranch development;
B. Approve the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement; C. Authorize a negotiated sale of the special tax bonds to Stifel, Nicolaus & Company, Incorporated (the "Underwriter") in accordance with the terms of the Bond Purchase Agreement; and
D. Authorize the execution of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, the First Amendment to Acquisition and Funding Agreement, a deemed final certification in connection with the Preliminary Official Statement, a final Official Statement and other documents in connection with the issuance of the bonds by the City Manager or the other specified authorized officers.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS PARK FACILITIES) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000.00,

AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A BOND

PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT AND A FIRST

AMENDMENT TO ACQUISITION AND FUNDING AGREEMENT, AUTHORIZING THE

DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH AND

AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.

STAFF MATTERS

CITY MANAGER OCHOA

COUNCIL MATTERS

MAYOR LEON

MAYOR PRO TEM WAPNER

COUNCIL MEMBER BOWMAN

COUNCIL MEMBER DORST-PORADA

COUNCIL MEMBER VALENCIA

ADJOURNMENT
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 Department: Records Management
Prepared By: Claudia Y Isbell
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

ADMINISTRATIVE

REPORT/DISCUSSION/ACTION
RECOMMENDATION: That if the City Council desires to meet virtually without posting the agenda at each location from where each Councilmember attends, that the City Council make findings authorizing remote teleconference/virtual meetings of the City Council pursuant to Assembly Bill 361 (“AB 361”) based on the ongoing COVID-19 pandemic.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT: There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: EXECUTIVE SUMMARY: That if the City Council desires to meet virtually without posting the agenda at each location from where each Councilmember attends, that the City Council make findings authorizing remote teleconference/virtual meetings of the City Council pursuant to Assembly Bill 361 based on the ongoing COVID-19 pandemic. Specifically, that the City Council determine that the COVID-19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to have teleconference meetings and one of the two following secondary findings be made: that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, or, that as result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees. It is recommended that both secondary findings be made. If these initial findings are made, and going forward the City Council desires to meet without the requirement of posting the agenda at each location and allowing members of the public to attend from any of the posted locations, the City Council must make these findings every thirty (30) days.

BACKGROUND & ANALYSIS:

The Brown Act generally allows for teleconference or virtual meetings, provided that the physical locations of the legislative body’s members joining by teleconference are posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic without posting the 10 agenda at each teleconference location and allowing the public access to each location.

Since March of 2020 and the issuance of Governor Newsom’s Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council and other City legislative bodies, though not continuously, have held some virtual meetings without having to post the location of the legislative body members attending virtually. In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30, 2021. Legislative bodies under the Brown Act includes committees of the City.

On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect.

Specific Findings Required under AB 361
Under AB 361, the City Council can hold meetings without a public meeting space and without providing notice of the body’s teleconference locations, if the City Council makes the determination that there is a Governor-proclaimed state of emergency which the City Council considers in their determination, and one of two secondary criteria listed below exists:

State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; or
The City Council determines that requiring a meeting in person would present an imminent risk to the health and safety of attendees.

COVID-19 continues to present an imminent threat to the health and safety of City Council members, and City staff, and the Governor’s declaration of a COVID-19 emergency still exists.

Although vaccines are now widely available, many people in the State and County are still not fully vaccinated and remain susceptible to infection. The disease can still spread rapidly through personto-person contact and those in close proximity. Further, more contagious variants of the disease are now present in the State and County, the most predominant of which is the Omicron variant.

Because AB 361 is unclear if the City’s committees must make these findings as well, the City Council as the governing legislative body of the City, will make these findings on behalf of City committees that are required to comply with the Brown Act.

Re-Authorization is Required Every 30 Days
Consistent with the provisions of Government Code Section 54953(e), the findings listed above must be made every 30 days “after teleconferencing for the first time” under AB 361. Thus, if the City Council desires to meet remotely without having to post the location of each teleconference location, the City Council must find that the COVID-19 emergency still exists and that one of the two following findings can be made: that state or local officials have imposed or recommended 11 measures to promote social distancing in connection with COVID-19, or, that a result of the COVID19 emergency, meeting in person would present imminent risks to the health or safety of attendees. The City Council may extend the authorization for an additional thirty (30) days via another resolution or staff report on a consent calendar that makes the above specific findings in support of continuing virtual meetings.

Lastly, it is important to note that AB 361 is optional. If the City Council wishes, it may choose to meet fully in person and open to the public, or meet remotely with notices of the agenda posted at each location and access to the public at each noticed location. The authorization under AB 361 is intended to provide the option to utilize the AB 361 procedures in lieu of the Brown Act’s standard teleconferencing requirements. A consent calendar item will be placed on each agenda to reauthorize remote meetings if that is the City Council’s direction.

Consequences of not Following Recommended Action
As noted above, AB 361 is optional. If the City Council wishes, it may choose to meet fully in person, or meet remotely with notices of the agenda posted at each location and access to the public at each noticed location. However, to hold remote teleconference/virtual meetings, the City Council must make specific findings required by AB 361 as they are enumerated in this staff report to allow meetings to continue without the requirement of posting the agenda at each location and allowing members of the public to attend from any of the posted locations.

CONCLUSION: Staff and the City Attorney recommend the City Council authorize the City Council and the City’s committees to meet remotely pursuant to the Ralph M. Brown Act and Assembly Bill 361.
12 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, AUTHORIZING REMOTE TELECONFERENCE
MEETINGS PURSUANT TO THE RALPH M. BROWN ACT AND
ASSEMBLY BILL 361.

WHEREAS, the City of Ontario (“City”) is committed to preserving and nurturing public access and participation in meetings of the City; and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code § 54950 – 54963); and WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor issued a number of executive orders aimed at containing the COVID-19 virus; and
WHEREAS, among other things, these orders waived certain requirements of the Brown Act to allow legislative bodies to meet virtually; and WHEREAS, specifically, in March of 2020, Governor Newsom issued Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing and in June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30, 2021; and WHEREAS, pursuant to the Governor’s executive orders, the City has held virtual meetings during the pandemic in the interest of protecting the health and safety of the public, City staff and City Council; and
WHEREAS, on September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending.

Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect.

WHEREAS, under AB 361, the City Council can hold meetings without a public meeting space and without providing notice of the body’s teleconference locations, if the City Council makes the determination that there is a Governor-proclaimed state of emergency which the City Council considers in their determination, and one of two following secondary criteria is made: state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; or the City Council determines that requiring a meeting in person would present an imminent risk to the health and safety of attendees.

WHEREAS, such conditions now exist in the City, specifically, a state of emergency has been proclaimed related to COVID-19. And COVID-19 continues to present an imminent threat to the health and safety of City Council members and City staff. Although vaccines are now widely available, many people in the State and County 13 are still not fully vaccinated and remain susceptible to infection. The disease can still spread rapidly through person-to-person contact and those in close proximity. Further, more contagious variants of the disease are now present in the State and County, the most predominant of which is the Omicron variant; and
WHEREAS, the City has an interest in encouraging public participation in open and public meetings while protecting the health, safety and welfare of those who participate.

NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF ONTARIO DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. Remote Teleconference Meetings: Consistent with the provisions of Government Code Section 54953(e), the City Council finds and determines that (1) a state of emergency related to COVID-19 is currently in effect; (2) local officials in San Bernardino County have imposed or recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees.

Based on such facts, findings and determinations, the City and any of its legislative bodies are hereby authorized to conduct remote teleconference meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act, and City Staff are directed to take all actions necessary to carry out the intent and purpose of this Resolution.

SECTION 3. Effective Date of Resolution. This Resolution shall take effect immediately, and shall be effective for thirty (30) days or until this Resolution is extended by a majority vote of the City Council in accordance with Section 4 of this Resolution.

SECTION 4. Extension by Motion. The City Council may extend the application of this Resolution by motion and majority vote by up to 30 days at a time, provided that it makes all necessary findings consistent with and pursuant to the requirements of Section 54953(e)(3).

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 18th day of January 2022. _____________________________________
PAUL S. LEON, MAYOR
14 ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY
15 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2022- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held January 18, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2022- duly passed and adopted by the Ontario City Council at their regular meeting held January 18, 2022. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
16

Page 1 of 1 ends

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) January 18, 2022
ROLL CALL: Wapner _, Bowman _, Dorst-Porada _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Wapner _, Bowman _, Dorst-Porada _,Valencia _, Mayor / Chairman Leon _.  GC 54957.6, LABOR NEGOTIATIONS: City Negotiator: City Manager or his designees; Bargaining Units: AFSCME Local 3061, Teamsters Local 1932, Association of Management Employees, Confidential Group, Part-time Employees, Department Heads, Executives, Ontario Professional Firefighters Association Local 1430; Ontario Fire Management Group, Ontario Police Officers Association, and the Ontario Police Management Group.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
17 Department: Management Services
Prepared By: Brandi Belmontes
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No:

SUBJECT: A PROCLAMATION RECOGNIZING JANUARY AS NATIONAL BLOOD DONOR MONTH

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

SPECIAL CEREMONIES
RECOMMENDATION: That the City Council proclaim the month of January 2022 as National Blood Donor Month and support the efforts of blood centers and community organizations efforts to encourage blood donations.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT: There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: On December 31, 1969, the President of the United States signed a proclamation designating January as National Blood Donor Month to honor voluntary blood donors and encourage more people to give blood. Blood donation plays an essential role in ensuring Southern California's hospitals and medical centers have a readily and available blood supply to treat all residents and visitors, making a sufficient supply a public health priority both locally and nationally.
18 PROCLAMATION
WHEREAS, blood donation plays an essential role in ensuring Southern California’s hospitals and medical centers have a readily available blood supply to treat all residents and visitors, making a sufficient supply a public health priority both locally and nationally; and WHEREAS, less than 3% of the U.S. population donate blood, although it is necessary to note that 38% of Americans are actually eligible to donate; and
WHEREAS, a single donation of whole blood has the potential to help save lives up to three patients, underscoring the importance of constantly replenishing our blood supply through donations and community awareness; and
WHEREAS, donating blood is particularly important during the winter months, when obstacles such as weather, winter illness, and busy holiday schedules may contribute to fewer blood donations; and WHEREAS, this year in particular, as folks across our state and throughout the world continue the work to fight the COVID-19 pandemic, we recognize the role of blood donation in supporting our healthcare delivery system; and
WHEREAS, more than 50 years ago, on December 31, 1969, the President of the United States signed a proclamation designating January as National Blood Donor Month to honor voluntary blood donors and encourage more people to give blood at a time when more blood is needed; and WHEREAS, throughout the nation blood collection organizations, such as LifeStream Blood Bank, continue to experience a shortage of donors during the COVID-19 pandemic resulting in critically low levels of blood supplies while demand levels reflect that 1 in every 7 hospital patients will need blood and every 2 seconds someone needs blood
NOW, THEREFORE BE IT RESOLVED, that I, Paul S. Leon, Mayor of the City of Ontario, along with the entire City Council, proclaim the month of January 2022 as National Blood Donor Month
AND BE IT FURTHER RESOLVED, that on this occasion the City Council thanks all blood donors and encourages the community to support local blood drives and blood donation efforts of LifeStream Blood Banks and other collection organizations this month and throughout the new year.

GIVEN UNDER THE CORPORATE SEAL

OF THE CITY OF ONTARIO, CALIFORNIA
this 18th day of January, 2022.
___________________________________
PAUL S. LEON
Mayor
19 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
DECEMBER 7, 2021
(Not official until approved)

JOINT MEETINGS
Regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, December 7, 2021 at the Ontario City Hall, 303 East B Street Ontario, California.

CALL TO ORDER
Mayor Leon called the Joint City Council and Ontario Housing Authority meetings to order at 6:00 p.m.

ROLL CALL
PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair Alan D. Wapner
Council/Authority Members: Ruben Valencia
ABSENT: Council/Authority Members: Jim W. Bowman and
Debra Dorst-Porada
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk/Secretary Sheila Mautz.

CLOSED SESSION PUBLIC COMMENT
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion, as listed on the agenda, and the City Council recessed to Closed Session at 6:01 p.m. for discussion of the following:

CLOSED SESSION
• GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION: Ramirez v. City of Ontario, et al., Superior Court of California, County of San Bernardino, Case No. CIVDS 1935898
• GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION: Brown v. City of Ontario, et al. U.S. District Court – Central District of California Case No: 5:20-cv-00476-DMG (SHKx)
20 Ontario City Council/Ontario Housing
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CALL TO ORDER – OPEN SESSION
Mayro Leon called the City Council and Ontario Housing Authority meetings to order at 6:30 p.m.

REPORT ON CLOSED SESSION
There was no reportable action.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.

INVOCATION
The Invocation was led by Pastor David Gaunt with Sunrise Church.

PUBLIC COMMENTS
One emailed comment from Superintendent/President Dr. Henry Shannon regarding Chaffey College updates was entered into the record.

Mayor Leon called on the first speaker.

Miranda Rodarte, requested support in solving Jesus Sanchez’s case.

Maria Romualdo, requested support in solving Jesus Sanchez’s case.

Jose Sanchez, requested support in solving Jesus Sanchez’s case.

Alejandro Sanchez, requested support in solving Jesus Sanchez’s case.

Cassandra Sanchez, requested support in solving Jesus Sanchez’s case.

Rafael Leon, requested support in solving Jesus Sanchez’s case.

Margarita Leon, requested support in solving Jesus Sanchez’s case.

Ramiro Hurtado, thanked Council for approving the street sweeping item and hopes that it is implemented very soon.

Jessica Lopez, requested support in solving Jesus Sanchez’s case.

Francia Padilla, requested support in solving Jesus Sanchez’s case.

Natalie Quintera, not present.

Stephanie Martinez, requested support in solving Jesus Sanchez’s case.

Nya Palmer, not present.

Jesse Fonseca, not present.
21 Ontario City Council/Ontario Housing
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AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa had no announcements.

CONSENT CALENDAR
MOTION: Moved by Mayor pro Tem Wapner, seconded by Council Member Valencia and carried by 3-0-2 vote, to approve the Consent Calendar as presented, with Council Members Bowman and Dorst-Porada absent.

1. APPROVAL OF MINUTES
The City Council Approved Minutes for the regular meetings of the City Council and Housing Authority on November 2, 2021 and approving same as on file in the Records Management Department.

2. BILLS/PAYROLL
The City Council Approved Bills for the period October 29, 2021, through November 18, 2021, in the amount of $37,634,511.29 and Payroll for the period October 24, 2021, through November 6, 2021, in the amount of $3,822,414.99 when audited by the Finance Committee.

3. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO.

PDA21-003) BETWEEN THE CITY OF ONTARIO AND CHINO AVENUE, LLC.,

TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 20281 (FILE NO. PMTT19-008), A 4.79 ACRE PROPERTY LOCATED AT 9510 EAST CHINO AVENUE, WITHIN THE
NEIGHBORHOOD 3A LAND USE DISTRICT OF THE COUNTRYSIDE
SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - (APN:
0218-111-56)
The City Council considered and adopted an ordinance approving a Development Agreement (File No. PDA21-003) between the City of Ontario and Chino Avenue, LLC., to establish the terms and conditions for development of Tentative Tract Map 20281 (File No. PMTT19-008), a 4.79-acre property located at 9510 East Chino Avenue, within the Neighborhood 3A land use district of the Countryside Specific Plan. First reading and introduction took place at a regular City Council meeting on November 15, 2021.

ORDINANCE NO. 3195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-003, A

DEVELOPMENT AGREEMENT, BETWEEN THE CITY OF ONTARIO AND
CHINO AVENUE, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 20281 (FILE NO. PMTT19- 22 Ontario City Council/Ontario Housing
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008), A 4.79 ACRE PROPERTY LOCATED AT 9510 EAST CHINO AVENUE, WITHIN THE NEIGHBORHOOD 3A LAND USE DISTRICT OF THE

COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0218-111-56.

4. PROFESSIONAL SERVICES AGREEMENT FOR CREATIVE AND DIGITAL

PRODUCTION SERVICES
The City Council approved a Professional Services Agreement in the amount of $150,000 with Public Advertising Agency of Temecula, California, to provide creative and digital production services for the City’s Economic Development Department for an initial three-year term; and authorized the option to extend the Agreement for up to two additional one-year terms, and authorized the City Manager to execute said Agreement and future amendments consistent with the approved budget.

5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20335, LOCATED AT 2862 SOUTH CAMPUS AVENUE
The City Council adopted a resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20335, located at 2862 South Campus Avenue.

RESOLUTION NO. 2021-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 20335, LOCATED AT 2862 SOUTH CAMPUS AVENUE.

6. PURCHASE AND INSTALLATION OF REPLACEMENT FIRE STATION

ALERTING SYSTEM
The City Council:

A. Authorized the City Manager to execute the sole source purchase with US Digital Designs of Tempe, Arizona, for a fire station alerting system in the amount of $575,000;
B. Authorized the City Manager to complete and execute the sole source Contract with Bergelectric of Encino, California, for installation of fire station alerting system in the amount of $225,275;
C. Authorized a 15% contingency of $33,791 to address any unforeseen issues that may arise during installation; and
D. Authorized the City Manager or his designee to execute all documents required for the completion of the project, including, but not limited to contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
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7. PROFESSIONAL SERVICES AGREEMENT FOR BROADBAND DESIGN,

ENGINEERING, PROJECT MANAGEMENT, AND INSPECTION SERVICES The City Council approved and authorized the City Manager to execute a threeyear Professional Services Agreement with Telcon Services, LLC, to provide design, engineering, project management, and inspection services for OntarioNet expansion in the amount of $1,200,000 plus a 15% contingency of $180,000 for a total authorized expenditure not to exceed $1,380,000; and authorized the City Manager to extend the agreements for up to two additional one-year periods at the City’s discretion.

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS FOR STREET

SWEEPING PURPOSES ON CERTAIN PORTIONS OF NORTH CORONA

AVENUE AND EAST FLORA STREET IN THE CITY OF ONTARIO
The City Council adopted a Resolution of the City Council of the City of Ontario, California, establishing parking restrictions for street sweeping purposes on certain portions of North Corona Avenue and East Flora Street in the City of Ontario.

RESOLUTION NO. 2021-176 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS

FOR STREET SWEEPING PURPOSES ON CERTAIN PORTIONS OF NORTH CORONA AVENUE AND EAST FLORA STREET IN THE CITY OF ONTARIO.

9. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
The City Council authorized the cooperative purchase and delivery of four (4) Ford Explorer vehicles in the amount of $154,500 for the Police Department, one (1) Ford F150 truck in the amount of $46,180 for the Fire Department, one (1) Chevrolet Colorado truck in the amount of $27,280 and one (1) Ford F550 Gate Valve truck in the amount of $177,565 for the Utilities Department, one (1) Ford F350 Utility Body in the amount of $72,750 and one (1) Ford F450 Stencil truck in the amount of $135,255 for the Parks and Maintenance Department, and one (1) Ford Expedition SUV in the amount of $47,655 for the Police Department from National Auto Fleet Group of Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 120716-NAF.

10. MAINTENANCE SERVICES AGREEMENT FOR WEED ABATEMENT

SERVICES
The City Council authorized the City Manager to execute a three-year Maintenance Services Agreement for Contract No.PM2122-1 with Brightview Landscape Services Inc. located in Upland, California for an annual cost of $110,988, with a 24 Ontario City Council/Ontario Housing
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5% contingency of $5,550, for a total amount not to exceed $349,644 over a threeyear term; authorize addition of future services; and authorize the City Manager to extend the agreement for up to two additional years at the City’s discretion, consistent with future budgets approved by the City Council.

11. A RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION TO

PARTICIPATE IN THE BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM (FISCAL YEAR 2021-22) FROM THE STATE OF

CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE)
The City Council adopted a resolution approving the submittal of an application for approximately $57,000 from the Beverage Container Recycling City/County Payment Program (Fiscal Year 2021-22), and authorized the City Manager or his designee to execute all necessary documents to participate in the program.

RESOLUTION NO. 2021-177 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE SUBMITTAL OF AN

APPLICATION TO PARTICIPATE IN THE BEVERAGE CONTAINER
RECYCLING CITY/COUNTY PAYMENT PROGRAM (FISCAL YEAR 2021-22)

FROM THE STATE OF CALIFORNIA DEPARTMENT OF RESOURCES
RECYCLING AND RECOVERY (CALRECYCLE).

12. ADOPT AN ORDINANCE AMENDING CHAPTER 8A OF TITLE 6 OF THE

ONTARIO MUNICIPAL CODE RELATED TO THE WATER CONSERVATION PLAN AND AN ORDINANCE AMENDING CHAPTER 8C OF TITLE 6 OF THE

ONTARIO MUNICIPAL CODE RELATED TO RECYCLED WATER
The City Council adopted changes to the Municipal Code pertaining to the City’s Water Conservation Plan and protection and regulation of the City’s recycled water system. First reading and introduction took place at a regular meeting of the City Council on November 15, 2021.

ORDINANCE NO. 3196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 8A, OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE CITY’S WATER
CONSERVATION PLAN.

ORDINANCE NO. 3197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 8C OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATING TO RECYCLED WATER USE.

13. UPDATED INVESTMENT POLICY (2021)
The City Council considered and approved an update to the City of Ontario's Investment Policy.
25 Ontario City Council/Ontario Housing
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PUBLIC HEARINGS

14. A PUBLIC HEARING TO CONSIDER FOUR MILLS ACT CONTRACTS (PRESERVATION AGREEMENTS) FOR FOUR DESIGNATED HISTORIC

PROPERTIES
The City Council considered and adopted resolutions approving and authorizing the City Manager to enter into Mills Act contracts (Preservation Agreements), for the following designated historic properties:

A. File No. PHP21-006, 1240 North Euclid Avenue (APN: 1047-531-07), Bryan and Monica Sinsabaugh
B. File No. PHP21-010, 1130 North Columbia Avenue (APN: 1047-543-03), Jonathan and Kelly Rushing
C. File No. PHP21-011, 1112 North Euclid Avenue (APN: 1047-542-04), Zhenwei and Wei Xu
D. File No. PHP21-012, 1108 North Euclid Avenue (APN: 1047-542-03), Luke and Jessica Bideaux
RESOLUTION NO. 2021-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP21-006, AND

AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC

PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH

BRYAN AND MONICA SINSABAUGH, FOR THE PROPERTY LOCATED AT 1240 NORTH EUCLID AVENUE (APN: 1047-531-07).

RESOLUTION NO. 2021-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP21-010, AND

AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC

PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH JONATHAN AND KELLY RUSHING, FOR THE PROPERTY LOCATED AT 1130 NORTH COLUMBIA AVENUE (APN: 1047-543-03).

RESOLUTION NO. 2021-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP21-011, AND

AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC

PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH ZHENWEI AND WEI XU, FOR THE PROPERTY LOCATED AT 1112 NORTH EUCLID AVENUE (APN: 1047-542-04).

RESOLUTION NO. 2021-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP21-012, AND

AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC

PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH LUKE AND JESSICA BIDEAUX, FOR THE PROPERTY LOCATED AT 1108 NORTH EUCLID AVENUE (APN: 1047-542-03).
26 Ontario City Council/Ontario Housing
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Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one, Mayor Leon closed the public hearing.

MOTION: Moved by Mayor pro Tem Wapner, seconded by Council Member Valencia and carried by 3-0-2 vote to adopt Resolution Nos. 2021-178, 2021-179, 2021-180, and 2021-181, with Council Members Bowman and Dorst-Porada absent.

STAFF MATTERS
City Manager Ochoa made no comments.

COUNCIL MATTERS
Mayor Leon spoke on the success of the first Holiday Parade and the Farmer’s Market.

He also reminded residents of the MyOntario app and encouraged residents to use it.

Mayor pro Tem Wapner extended his condolences to the family of Jesus Sanchez and stated that he hoped that the person responsible was caught. He thanked and expressed his respect to the Sanchez family coming out and sharing his story.

Mayor Leon expressed his condolences for the Sanchez family.

Council Member Valencia extended his deepest regret for the Sanchez family’s loss and added that he appreciated the family reaching out. He also spoke on the background process of an investigation.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies, in memory of Jesus Alfredo Sanchez at 7:37 p.m. and announced the next regular meeting to be held on Tuesday, December 21, 2021.

Respectfully submitted,
_______________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
27 Ontario City Council/Ontario Housing
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APPROVED:
________________________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
28 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
DECEMBER 21, 2021
(Not official until approved)

JOINT MEETINGS
Regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, December 21, 2021 at the Ontario City Hall, 303 East B Street Ontario, California.

CALL TO ORDER
Mayor Leon called the Joint City Council and Ontario Housing Authority meetings to order at 6:02 p.m.

ROLL CALL
PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair Alan D. Wapner,
Council/Authority Members: Jim W. Bowman, Debra Dorst-Porada and Ruben Valencia.

ABSENT: Council/Authority Members: None.

Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk/Secretary Sheila Mautz.

CLOSED SESSION
• GC 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1048-565-09; 207 North Euclid Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Mobay Investment LLC; Under negotiation: Price and terms of payment.
29 Ontario City Council/Ontario Housing
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• GC 54956.9(e)(5), CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION - A copy of the documented threat is available in the Records Management Department.

CALL TO ORDER – OPEN SESSION

ROLL CALL
PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair Alan D. Wapner
Council/Authority Members: Jim. W. Bowman, Debra Dorst-Porada, and Ruben Valencia
ABSENT: Council/Authority Members None.

Mayro Leon called the City Council and Ontario Housing Authority meetings to order at 6:34 p.m.

REPORT ON CLOSED SESSION
There was no other reportable action.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Wapner.

INVOCATION
The Invocation was led by Pastor Mike Urciuoli with Calvary Chapel Ontario.

PUBLIC COMMENTS
Assistant City Clerk Isbell announced three emailed comments from Loree Masonis regarding Item Nos. 18, 12 and 17 of the agenda. Emailed comments were distributed to Council and entered into the record.

Cassandra Sanchez, requested support in solving Jesus Sanchez’s case.

Maria Romauldo, requested support in solving Jesus Sanchez’s case.

Armando Rodriguez, with the Hispanic Chamber of Commerce, provided an update and announced upcoming events.

Margarite Leon, extended her appreciation for Council’s support in providing her family with support regarding her pending case and requested support in solving Jesus Sanchez’s case.
30 Ontario City Council/Ontario Housing
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Ruben Soria, thanked Council for the Ontario Leadership Academy and added that he hoped the program continues so that other people are informed.

Sussie Q, spoke regarding the importance of senior citizen programs.

Jesse Fonseca, spoke regarding Ontario International Airport Authority’s budget.

Celina Lopez, thanked those who help the underserved and spoke on the importance of community service.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa had no announcements.

CONSENT CALENDAR
MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried by unanimous vote 5-0, to approve the Consent Calendar as presented.

1. APPROVAL OF MINUTES
The City Council Approved Minutes for the regular meetings of the City Council, Housing Authority, and Ontario Public Financing Authority on November 16, 2021 and approving same as on file in the Records Management Department.

2. BILLS/PAYROLL
The City Council Approved Bills for the period November 19, 2021, through December 2, 2021, in the amount of $24,282,141.21 and Payroll for the period November 7, 2021, through November 20, 2021, in the amount of $4,707,745.22 when audited by the Finance Committee.

3. A RESOLUTION SUPPORTING OUR NEIGHBORHOOD VOICES INITIATIVE The City Council adopt a Resolution to Support Initiative 21-0016.

RESOLUTION NO. 2021-182 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, EXPRESSING SUPPORT FOR THE “BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATIVE” TO

AMEND ARTICLE XI OF THE CONSTITUTION OF THE STATE OF CALIFORNIA

TO MAKE ZONING AND LAND USE COMMUNITY AFFAIRS, AND NOT OF STATE INTEREST.

4. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH 31 Ontario City Council/Ontario Housing
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PRIMA PARTNERS, LLC FOR STATE ADVOCACY SERVICES
The City Council approved an Amendment with Prima Partners LLC for $150,000.

5. APPROVAL FOR PROFESSIONAL SERVICES AGREEMENT WITH

TOWNSEND PUBLIC AFFAIRS FOR FEDERAL ADVOCACY SERVICES
The City Council approved a Professional Services Agreement with Townsend Public Affairs for one (1) year $100,000, and authorized the City Manager to execute the option to extend for up to two (2) years at his discretion, for a total amount not to exceed $300,000.

6. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

SIEMENS MOBILITY, INC
The City Council approved an amendment to the Maintenance Services Agreement with Siemens Mobility, Inc., of Riverside, California, to provide maintenance services for the City’s traffic signals and traffic signal system for FY21/22 in the amount of $760,000, for a revised total expenditure of $2,841,945; and authorize the City Manager to execute said amendments and future amendments within the authorization limits.

7. A RESOLUTION PERTAINING TO DECLARED PRIMA FACIE SPEED LIMITS

ON CERTAIN STREETS WITHIN THE CITY
The City Council adopted a Resolution rescinding Resolution 2018-166 and declaring prima facie speed limits on certain streets within the City.

RESOLUTION NO. 2021-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RESCINDING RESOLUTION 2018-166 AND

DECLARING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS WITHIN THE CITY.

8. THE CITY OF ONTARIO CONCEPTUAL "GREAT PARK" MASTER PLAN AND PRELIMINARY PARK DESIGN FOR PHASE 1
The City Council considered and approved the Conceptual "Great Park" Master Plan and the Preliminary Park Design for Phase 1.

RESOLUTION NO. 2021-184 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE CONCEPTUAL GREAT PARK MASTER PLAN AND THE PRELIMINARY PARK DESIGN FOR PHASE 1.

THE GREAT PARK ENCOMPASSES APPROXIMATELY 370 ACRES OF LAND, EXTENDING OVER 3-1/2 MILES IN AN EAST-WEST DIRECTION, FROM 32 Ontario City Council/Ontario Housing
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HAVEN AVENUE ON THE EAST TO CAMPUS AVENUE ON THE WEST, WITH A VARYING WIDTH RANGING FROM 280 FEET TO 1,600 FEET. THE PRELIMINARY PHASE 1 DESIGN ENCOMPASSES APPROXIMATELY 130

ACRES OF LAND BORDERED BY GRAND PARK STREET ON THE NORTH,

EUCALYPTUS AVENUE ON THE SOUTH, HAVEN AVENUE ON THE EAST, AND ARCHIBALD AVENUE ON THE WEST — PHASE 1 APNS: 0218-241-58, 0218-241-49, 0218-241-39, 0218-241-45, AND 0218-241-47.

9. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
The City Council authorized the cooperative purchase and delivery of one Ford F150 truck in the amount of $45,300 for the Police Department, one Ford F150 truck in the amount of $55,990 for the Fire Department, one Chevrolet Colorado truck in the amount of $27,330 for the Community Improvement Department, and one Ford Escape in the amount of $27,960 for the Community Improvement Department from National Auto Fleet Group of Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 120716- NAF.

10. PUBLIC WORKS CONSTRUCTION CONTRACT FOR CITYWIDE STORM

DRAIN REPAIRS
The City Council:

A. Authorized the City Manager to execute a Public Works Construction Contract with GRBCON, Inc. of Baldwin Park, California, for the citywide storm drain repairs project, in an amount not to exceed $681,901.

B. Authorized the City Manager, or his designee, to approve change orders and a 10% contingency of $68,190 to address any unforeseen issues that may arise during construction; and
C. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

11. CONSTRUCTION CONTRACT FOR THE REPLACEMENT AND

INSTALLATION OF FLOORING AT VARIOUS CITY FACILITIES
The City Council authorized the City Manager to execute a cooperative purchasing construction contract (Source well Contract #080819-SII) with Shaw Industries Inc. of Dallas, Texas, for the replacement and installation of new flooring at Ontario Police Department (Hallways, Media Rooms and Traffic Department) and Utility Customer Service Department (Cubicle Operations), in the amount of $404,494.08 33 Ontario City Council/Ontario Housing
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with a 10% contingency of $40,449.41 of the contract amount, for a total amount not to exceed $444,943.49.

12. A RESOLUTION AUTHORIZING THE SUBMITTAL OF A CLAIM TO THE SAN

BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR THE
GROVE AVENUE TRAIL CONNECTION PROJECT: D STREET TO G STREET The City Council adopted a Resolution approving the submittal of a claim for $233,387 from the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Grove Avenue Trail Connection Project and authorize the City Manager, or his designee, to execute all necessary documents to submit a reimbursement claim.

RESOLUTION NO. 2021-185 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A

CLAIM TO THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR THE GROVE AVENUE TRAIL CONNECTION PROJECT: D STREET TO G STREET.

13. UPDATE OF THE CITYWIDE RECORDS RETENTION SCHEDULE
The City Council adopted a Resolution approving revisions, updates and future updates to the Citywide Records Retention Schedule to comply with State Code, legislative actions and industry best practices.

RESOLUTION NO. 2021-186 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, MAKING REVISIONS AND UPDATING CITY RECORDS RETENTION SCHEDULES AND AMENDING RESOLUTION NOS. 2010-048, 2011-070, 2016-113 AND 2018-027.

14. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE

SETTLEMENT AGREEMENTS WITH MCKESSON CORPORATION,
CARDINAL HEALTH, INC., AMERISOURCE BERGEN CORPORATION,
JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHOMCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICA, INC.; AGREEING TO THE TERMS OF THE STATESUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY INTO THE STATESUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL The City Council adopted a Resolution authorizing the City Manager to:
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1. Opt into settlement agreement with opioid distributors, Amerisource Bergen, Cardinal Health, and McKesson, and direct the City Manager to execute any documents necessary to implement the action.

2. Opt into settlement agreement with opioid manufacturer, Janssen (owned by Johnson & Johnson), and directed the City Manager to execute any documents necessary to implement the action.

RESOLUTION NO. 2021-187 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

ENTER INTO THE SETTLEMENT AGREEMENTS WITH MCKESSON
CORPORATION, CARDINAL HEALTH, INC., AMERISOURCE BERGEN

CORPORATION, JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICA, INC.; AGREEING TO THE TERMS OF THE STATESUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY INTO THE STATESUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL.

PUBLIC HEARINGS

15. A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-004) BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO HOLDINGS, LLC., TO ESTABLISH THE TERMS AND
CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO. PMTT21-011), AN 11.05-ACRE PROPERTY LOCATED NEAR THE

SOUTHWEST CORNER OF ARCHIBALD AND CHINO AVENUES, WITHIN THE NEIGHBORHOOD 7 LAND USE DISTRICT OF THE COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0218-111-34 The City Council introduced and waived further reading of an ordinance approving the Development Agreement (File No. PDA21-004) between the City of Ontario and LHC Ontario Holdings, LLC., to establish the terms and conditions for development of Tentative Tract Map 18916 (File No. PMTT21-011), an 11.05-acre property located near the southwest corner of Archibald and Chino Avenues, within the Neighborhood 7 land use district of the Countryside Specific Plan.

ORDINANCE NO. 3198 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PDA21-004, A DEVELOPMENT AGREEMENT, BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO HOLDINGS, LLC., TO ESTABLISH THE TERMS

AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO. PMTT21-011), AN 11.05 ACRE PROPERTY LOCATED NEAR

THE SOUTHWEST CORNER OF ARCHIBALD AND CHINO AVENUES, WITHIN THE NEIGHBORHOOD 7 LAND USE DISTRICT OF THE COUNTRYSIDE 35 Ontario City Council/Ontario Housing
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SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN:
0218-111-34.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one, Mayor Leon closed the public hearing.

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote 5-0 to introduce Ordinance No. 3198.

16. A PUBLIC HEARING TO CONSIDER RESOLUTION REGARDING THE FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA); ADOPTION OF A RESOLUTION TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN ORDINANCE

LEVYING SPECIAL TAXES
The City Council:

A. Adopted a Resolution of formation of the City of Ontario Community Facilities District No. 56 (Parkside/La Avenida), authorizing the levy of special tax within the Community Facilities District; and establishing an appropriations limit for the Community Facilities District B. Adopted a Resolution deeming it necessary to incur bonded indebtedness within Community Facilities District No. 56 Parkside/La Avenida) C. Adopted a Resolution calling a special election for City of Ontario Community Facilities District No. 56 (Parkside/La Avenida); D. Adopted a Resolution declaring results of the special election and directing the recording of a Notice of Special Tax Lien;
E. Introduced and waived further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 56 (Parkside/La Avenida); and
F. Adopted a Resolution authorizing the execution and delivery of an acquisition and funding agreement with SC Ontario Development Company, LLC
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one, Mayor Leon closed the public hearing.

RESOLUTION NO. 2021-188 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF THE CITY OF ONTARIO 36 Ontario City Council/Ontario Housing
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COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA),

AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY

FACILITIES DISTRICT AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE COMMUNITY FACILITIES DISTRICT.

RESOLUTION NO. 2021-189 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DEEMING IT NECESSARY TO INCUR

BONDED INDEBTEDNESS WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA)
RESOLUTION NO. 2021-190 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CALLING A SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA).

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote 5-0 to adopt to adopt Resolution Nos. 2021- 188, 2021-189, and 2021-190.

City Clerk Mautz opened the ballots and announced there were 5 ballots in favor.

RESOLUTION NO. 2021-191 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF A SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote 5-0 to adopt Resolution No. 2021-191.

ORDINANCE NO. 3199 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING SPECIAL

TAXES WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA).

MOTION: Moved by Council Member Bowman, seconded by Council Member Valencia and carried by unanimous vote 5-0 to introduce Ordinance No. 3199.

RESOLUTION NO. 2021-192 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND

DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT WITH SC ONTARIO DEVELOPMENT COMPANY, LLC.

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote 5-0 to adopt to adopt Resolution No. 2021- 192.
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17. A PUBLIC HEARING TO CONSIDER AN URGENCY ORDINANCE APPROVING FILE NO. PDCA21-003, AMENDING CITY OF ONTARIO DEVELOPMENT CODE CHAPTER 5.0, DIVISION 5.03, ADDING SECTION 5.03.403 (SINGLEFAMILY TWO-UNIT PROJECTS), AND CHAPTER 6.0, DIVISION 6.08, ADDING SECTION 6.08.060 (URBAN LOT SPLITS), CONSISTENT WITH THE REQUIREMENTS OF CALIFORNIA SENATE BILL NO. 9 (GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7).

The City Council considered and adopted an Urgency Ordinance approving File No. PDCA21-003, amending Development Code Chapter 5.0, Division 5.03, adding Section 5.03.403 (Single-Family Two-Unit Projects), and Chapter 6.0, Division 6.08, adding Section 6.08.060 (Urban Lot Splits), Consistent with the requirements of California Senate Bill No. 9 (Government Code Sections 65852.21 and 66411.7).

ORDINANCE NO. 3200 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA21- 003, A DEVELOPMENT CODE AMENDMENT, AMENDING CHAPTER 5.0, DIVISION 5.03, ADDING SECTION 5.03.403 (SINGLE-FAMILY TWO-UNIT PROJECTS) AND CHAPTER 6.0, DIVISION 6.08, ADDING SECTION 6.08.060 (URBAN LOT SPLITS), AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one, Mayor Leon closed the public hearing.

MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried unanimous vote 5-0 to adopt Urgency Ordinance No. 3200.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

18. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 31 TO TITLE 5 OF VOLUME I TO THE

ONTARIO MUNICIPAL CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA; AND A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING THE ADOPTED FISCAL YEAR 2021-22 CITYWIDE FEE SCHEDULE WITH
RESPECT TO SIDEWALK VENDOR PERMIT FEE.
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The City Council:

A. Introduced an Ordinance to amend Chapter 31 to title 5 of Volume 1 to the Ontario Municipal Code relating to sidewalk vending; and B. Adopted a Resolution to Amend the adopted Fiscal Year 2021-22 Citywide Fee Schedule with respect to sidewalk vendor permit fee.

ORDINANCE NO. 3201 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 31 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA.

RESOLUTION NO. 2021-193 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AMENDING THE ADOPTED FISCAL YEAR 2021-22 CITYWIDE FEE SCHEDULE WITH RESPECT TO SIDEWALK VENDOR PERMIT FEE.

Council Member Dorst-Porada requested consistency in the way food vendors handle food.

MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Valencia and carried unanimous vote 5-0 to introduce Ordinance No. 3201 and adopt Resolution No. 2021-193.

19. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4-19.06 OF THE CITY OF ONTARIO

MUNICIPAL, RELATING TO TOW SERVICES AND REGULATIONS
The City Council considered and introduced an ordinance amending Chapter 19 of Title 4 of Volume I to the Ontario Municipal Code, relating to tow services and regulations.

ORDINANCE NO. 3202 (FIRST READING) AN ORDINANCE OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4-19.06 OF THE CITY OF

ONTARIO MUNICIPAL CODE RELATED TO TOWING REGULATIONS AND THE ROTATIONAL TOW PROGRAM.

MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried unanimous vote 5-0 to introduce Ordinance No. 3202.

STAFF MATTERS
City Manager Ochoa made no comments.
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COUNCIL MATTERS
Mayor Leon spoke about public comments.

Council Member Bowman made no comments.

Council Member Valencia spoke of his positive experience at the Ontario 5K Reindeer Run. He also spoke about the community’s support for those in need during the holidays.

Mayor pro Tem Wapner, spoke about the Ontario International Airport Authority’s budget.

Council Member Dorst-Porada urged the community to come forward with any information regarding the Jesus Sanchez case. She also spoke about the value of non-profits and their work in the community.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies, in memory of Margaret Hill at 7:25 p.m. and announced the next regular meeting to be held on Tuesday, January 18, 2022.

Respectfully submitted,
_______________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
________________________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
40 Department: Management Services
Prepared By: Brandi Belmontes
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

ASSOCIATION OF GOVERNMENTS (SCAG) ANNUAL GENERAL ASSEMBLY MEETING

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council appoint Council Member Debra Dorst-Porada as the City Delegate Representative and Mayor Paul Leon as the alternate.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: There is no direct fiscal impact by taking this action. However, representation and participation in SCAG's upcoming business meeting will help guide SCAG policy on matters which may have an impact on the City.

BACKGROUND & ANALYSIS: Southern California Association of Governments has scheduled its Annual General Assembly Meeting for May 5, 2022 in Palm Desert, California. At the meeting, the SCAG representative will consider and take action on resolutions that establish SCAG policy.

Consistent with SCAG's bylaws, a city's voting delegate and alternate must be designated by City Council Action.
41 Department: Community Improvement
Prepared By: Douglas J Sorel
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

BERNARDINO COUNTY TAX ROLLS

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations, and placing assessments on the San Bernardino County Tax Rolls.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: The levy of special assessments will result in the recovery of $24,584.48 in costs that the City has expended for inspection or abatement of property violations, as well as the collection of $4,120 associated with civil penalties and/or fines for continued violations, for a total of $28,704.48 related to 56 parcels. When received, these reimbursements will be deposited into the General Fund. The special assessment revenue is included in the Fiscal Year 2021-22 Adopted Budget.

BACKGROUND & ANALYSIS: The City has established revolving funds to cover the City costs for abatement of property and dangerous building violations as a result of Community Improvement activities. Additionally, the City has established administrative citations and fines for property maintenance violations and fees and penalties associated with the Systematic Health and Safety Inspection Program, Abandoned and Distressed Property Program, and Weed and Refuse Abatement Program. These costs, fines, fees, and penalties are recovered through placement of special tax assessments upon the properties. The placement of special assessments and collection of revenue is done under Ordinance 3046, Property Appearance (Title 5, Chapter 22 of the Ontario Municipal Code); Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings; and, Ordinance 2920 for civil penalties for continued violations of the Ontario Municipal Code and fines associated with administrative citations (Title 1, Chapters 2 and 5 of the Ontario Municipal Code).

The City and County currently have a contractual agreement regarding implementation of special assessments; however, a Resolution authorizing the placement of the specific assessments is 42 required.

During this assessment cycle, the Community Improvement Department has billed property owners for: the abatement of violations; the issuance of fines associated with administrative citation; the issuance of fees and penalties associated with the Systematic Health and Safety Inspection Program; the issuance of registration fees and civil penalties associated with the Abandoned and Distressed Property Program; the issuance of notice and re-inspection fees; and civil penalties for the Weed and Refuse Abatement Program on 111 parcels. Of these, there are remaining amounts due on 56 parcels. Attached are itemized accounts of: (1) costs associated with inspection or abatement as shown in Exhibit A of the Resolution; (2) civil penalties and/or fines for continued violations as shown in Exhibit B of the Resolution; and (3) total amounts per parcel as shown in Exhibit C of the Resolution. The expenditure list, with any necessary corrections and adjustments, will be submitted to the County prior to August 2022 for its 2022-2023 tax rolls. All affected property owners were given notice of the imposition of special assessments via certified mail as provided in Ontario Municipal Code Section 1-4.05(a) and have either not requested an appeal or have exhausted the appellate procedure in Ontario Municipal Code Section 1-4.05(b). 43 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, ADOPTING A REPORT REQUESTING THE PLACEMENT

OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR CIVIL

PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT
OF VIOLATIONS OF CITY CODES AND ORDINANCES.

WHEREAS, Ordinance No. 3046, Property Appearance (Title 5, Chapter 22, of the Ontario Municipal Code) and Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings provide for the abatement of property nuisances by repair, rehabilitation, demolition or removal; and
WHEREAS, under Resolution 94-112, Resolution ORA-499, and the Cooperation and Reimbursement Agreement entered into on the 15th day of November, 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one-time advance to the City of One Hundred Fifty Thousand Dollars ($150,000) to repair or abate dangerous buildings and properties throughout the City; and WHEREAS, under a first amendment to the Cooperation and Reimbursement Agreement entered into on the 16th day of July 1996, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made an additional advance to the City of One Hundred Thousand Dollars ($100,000) to continue to repair or abate dangerous buildings and properties throughout the City; and WHEREAS, under Resolution 94-113, Resolution ORA-500, and the Cooperation and Reimbursement Agreement entered into on the 15th day of November 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one-time advance to the City of Thirty Thousand Dollars ($30,000) to repair or abate dangerous buildings and properties in the 6th and Grove area; and WHEREAS, under Resolution 94-12, Resolution ORA-464, and the Cooperation and Reimbursement Agreement entered into on the 22nd day of February 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one-time advance to the City of One Hundred Fifty Thousand Dollars ($150,000) to repair or demolish dangerous buildings throughout the City; and WHEREAS, Ordinance No. 2894, Systematic Health and Safety Inspection Program (Title 8, Chapter 17, of the Ontario Municipal Code), provides for the collection of unpaid service fees, plus any penalties and accrued interest by Special Assessment; and WHEREAS, Ordinance No. 2920, provides for the assessment of civil penalties for continued violations of the Ontario Municipal Code (Title 1, Chapter 2 of the Ontario Municipal Code), and for fines associated with administrative citations to be collected by Special Assessment (Title 1, Chapter 5 of the Ontario Municipal Code), and establishes a uniform procedure before imposing such Special Assessments (Title 1, Chapter 4 of the Ontario Municipal Code); and
44 WHEREAS, the above said ordinances, resolutions and agreements provide for recovery of costs incurred in the abatement of violations by means of a Special Assessment placed on the tax rolls; and
WHEREAS, the City has incurred costs involved in the abatement of violations under the Ontario Municipal Code and Uniform Code for the Abatement of Dangerous Buildings, issuing Notices of Violation, and administering the Systematic Health and Safety Program and wishes to recover said costs; and
WHEREAS, the owners of all parcels listed in Exhibit A, B, and C were given notice of imposition of such Special Assessment as provided in Ontario Municipal Code Section 1-4.05(a), and either have not requested an appeal, or have exhausted the appellate procedure provided in Ontario Municipal Code Section 1-4.05(b); and WHEREAS, the City has an executed contract with the San Bernardino County Board of Supervisors for collection of said assessments; NOW, THEREFORE, BE IT RESOLVED that the City Council:

1. Confirmed the costs associated with inspection or abatement on the properties as set forth in the report in Exhibit A; and

2. Confirmed the civil penalties and/or fines for continued violations on the properties as set forth in the report in Exhibit B; and

3. Confirmed that Exhibit C contains the total amount assessed for both confirmed costs and confirmed civil penalties and/or fines for each of the properties; and

4. Found and determined that the report, and Exhibits contained therein are true and accurate; and

5. Adopts the above said report and finds that the costs of inspection or abatement on the properties listed are the costs set forth in Exhibit A, the civil penalties and/or fines for continued violations are the penalties and/or fines as set forth in Exhibit B, and the same are hereby charged and placed as special assessments upon the respective properties; and

6. Directs Exhibit C shall be sent to the Auditor-Controller of San Bernardino County and shall be collected on the County tax roll.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
45 PASSED, APPROVED, AND ADOPTED this 18th day of January 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
46 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2021- duly passed and adopted by the Ontario City Council at their regular meeting held January 18, 2022. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
47 City of Ontario
Community Improvement Department
2022/2023 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
0108-412-18 1722 N DEL NORTE AV, Ontario, CA 91764 3,474.00 0110-061-04 1323 E HOLT BL, Ontario, CA 91761 140.00
0210-352-42 2008 E YALE ST, Unit:A, Ontario, CA 91764 578.47 0216-311-03 0 S GROVE AV, Ontario, CA 91761 140.00
0216-491-50 1419 E RIVERSIDE DR, Ontario, CA 91761 2,150.18 0218-161-11 0 S MILL CK, Ontario, CA 91761 140.00
0218-241-36 0 E EDISON AV, Ontario, CA 91710 140.00
0218-241-48 9811 E EDISON AV, Ontario, CA 91710 140.00
0218-614-18 3131 E YOSEMITE DR, Ontario, CA 91762 1,727.00 0218-615-14 3214 E YOSEMITE DR, Ontario, CA 91762 91.00 0218-615-18 3164 E YOSEMITE DR, Ontario, CA 91762 91.00 0218-831-59 2901 E GREENBRIAR DR, Ontario, CA 91761 1,791.21 0238-014-10 4451 E ONTARIO MILLS PW, Building:3, Unit:F, Ontario, CA 91764 391.28 1008-441-09 1440 N HELEN AV, Ontario, CA 91762 91.00
1008-572-16 1410 W FOURTH ST, Ontario, CA 91762 91.00
1010-162-17 830 W J ST, Ontario, CA 91762 91.00
1010-482-05 839 W F ST, Ontario, CA 91762 91.00
1047-252-15 340 W CAROLINE CT, Ontario, CA 91762 1,184.21 1047-281-62 1511 N AMBER CT, Ontario, CA 91762 331.21
1047-311-53 525 W SIXTH ST, Ontario, CA 91762 887.00
1047-321-24 1350 N CHAFFEY CT, Ontario, CA 91762 340.98 1047-411-19 1311 N HOLMES CT, Ontario, CA 91764 91.00
1047-521-28 502 E FIFTH ST, Ontario, CA 91764 91.00
1048-022-34 1010 N SAN ANTONIO AV, Ontario, CA 91762 692.48 1048-032-35 626 W I ST, Ontario, CA 91762 66.09
1048-131-25 1045 N CUCAMONGA AV, Ontario, CA 91764 1,044.21 1048-392-09 621 E E ST, Ontario, CA 91764 91.00
1048-442-21 1083 E E ST, Ontario, CA 91764 91.00
1048-565-11 118 W B ST, Ontario, CA 91762 91.00
1048-566-07 303 N EUCLID AV, Building:1, Ontario, CA 91762 2,307.00 1049-101-34 767 E EMPORIA ST, Ontario, CA 91761 342.04
1049-212-10 611 S TAYLOR AV, Ontario, CA 91761 140.00
1049-212-12 601 S TAYLOR AV, Ontario, CA 91761 140.00
1049-246-08 514 S CHERRY AV, Ontario, CA 91761 387.00
1049-246-09 329 E SUNKIST ST, Ontario, CA 91761 116.70
1049-333-04 209 W CARLTON ST, Unit:A, Ontario, CA 91762 917.92 1050-181-03 1175 E FRANCIS ST, Building:1, Ontario, CA 91761 1,465.83 1050-282-03 1712 S PALM AV, Ontario, CA 91762 816.95
1050-291-07 431 W MAPLE ST, Ontario, CA 91762 91.00
1051-171-41 2424 S GROVE AV, Ontario, CA 91761 140.00
1051-551-35 961 E DEERFIELD ST, Ontario, CA 91761 940.72 1083-071-19 0 S ARCHIBALD AV, Ontario, CA 91761 140.00
1083-071-20 0 S ARCHIBALD AV, Ontario, CA 91761 140.00

Page 1 ends

City of Ontario
Community Improvement Department
2022/2023 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
1083-071-25 2575 S ARCHIBALD AV, Ontario, CA 91761 140.00 24,584.48

Page 2 ends

City of Ontario
Community Improvement Department
2022/2023 Tax Roll Year Special Assessments
Exhibit B - Civil Penalties and/or Fines for Continued Violations Parcel Number Address Amount Due
0210-041-58 1434 N SAN DIEGO PL, Ontario, CA 91764 420.00 0210-292-29 1687 E HAWTHORNE ST, Ontario, CA 91764 340.00 0218-042-15 2782 E DEVONSHIRE LN, Ontario, CA 91762 120.00 0218-614-18 3131 E YOSEMITE DR, Ontario, CA 91762 20.00 0218-615-21 3134 E YOSEMITE DR, Ontario, CA 91762 170.00 0218-831-59 2901 E GREENBRIAR DR, Ontario, CA 91761 20.00 1010-103-06 1027 N GARDENIA AV, Ontario, CA 91762 120.00 1010-191-30 1025 W I ST, Ontario, CA 91762 120.00
1010-452-25 515 N AZALEA AV, Ontario, CA 91762 120.00
1047-252-15 340 W CAROLINE CT, Ontario, CA 91762 490.00 1047-281-62 1511 N AMBER CT, Ontario, CA 91762 20.00
1047-311-53 525 W SIXTH ST, Ontario, CA 91762 20.00
1047-411-19 1311 N HOLMES CT, Ontario, CA 91764 120.00
1047-594-42 1213 N SAN ANTONIO AV, Ontario, CA 91762 560.00 1048-481-07 935 E HOLT BL, Ontario, CA 91761 240.00
1048-525-16 661 E HOLT BL, Ontario, CA 91761 120.00
1048-566-07 303 N EUCLID AV, Building:1, Ontario, CA 91762 860.00 1049-451-21 718 E MAITLAND ST, Ontario, CA 91761 120.00 1051-011-65 2229 S CYPRESS AV, Ontario, CA 91762 120.00 4,120.00

Page 1 ends

City of Ontario
Community Improvement Department
2022/2023 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
0108-412-18 1722 N DEL NORTE AV, Ontario, CA 91764 3,474.00 0110-061-04 1323 E HOLT BL, Ontario, CA 91761 140.00
0210-041-58 1434 N SAN DIEGO PL, Ontario, CA 91764 420.00 0210-292-29 1687 E HAWTHORNE ST, Ontario, CA 91764 340.00 0210-352-42 2008 E YALE ST, Unit:A, Ontario, CA 91764 578.47 0216-311-03 0 S GROVE AV, Ontario, CA 91761 140.00
0216-491-50 1419 E RIVERSIDE DR, Ontario, CA 91761 2,150.18 0218-042-15 2782 E DEVONSHIRE LN, Ontario, CA 91762 120.00 0218-161-11 0 S MILL CK, Ontario, CA 91761 140.00
0218-241-36 0 E EDISON AV, Ontario, CA 91710 140.00
0218-241-48 9811 E EDISON AV, Ontario, CA 91710 140.00
0218-614-18 3131 E YOSEMITE DR, Ontario, CA 91762 1,747.00 0218-615-14 3214 E YOSEMITE DR, Ontario, CA 91762 91.00 0218-615-18 3164 E YOSEMITE DR, Ontario, CA 91762 91.00 0218-615-21 3134 E YOSEMITE DR, Ontario, CA 91762 170.00 0218-831-59 2901 E GREENBRIAR DR, Ontario, CA 91761 1,811.21 0238-014-10 4451 E ONTARIO MILLS PW, Building:3, Unit:F, Ontario, CA 91764 391.28 1008-441-09 1440 N HELEN AV, Ontario, CA 91762 91.00
1008-572-16 1410 W FOURTH ST, Ontario, CA 91762 91.00
1010-103-06 1027 N GARDENIA AV, Ontario, CA 91762 120.00 1010-162-17 830 W J ST, Ontario, CA 91762 91.00
1010-191-30 1025 W I ST, Ontario, CA 91762 120.00
1010-452-25 515 N AZALEA AV, Ontario, CA 91762 120.00
1010-482-05 839 W F ST, Ontario, CA 91762 91.00
1047-252-15 340 W CAROLINE CT, Ontario, CA 91762 1,674.21 1047-281-62 1511 N AMBER CT, Ontario, CA 91762 351.21
1047-311-53 525 W SIXTH ST, Ontario, CA 91762 907.00
1047-321-24 1350 N CHAFFEY CT, Ontario, CA 91762 340.98 1047-411-19 1311 N HOLMES CT, Ontario, CA 91764 211.00
1047-521-28 502 E FIFTH ST, Ontario, CA 91764 91.00
1047-594-42 1213 N SAN ANTONIO AV, Ontario, CA 91762 560.00 1048-022-34 1010 N SAN ANTONIO AV, Ontario, CA 91762 692.48 1048-032-35 626 W I ST, Ontario, CA 91762 66.09
1048-131-25 1045 N CUCAMONGA AV, Ontario, CA 91764 1,044.21 1048-392-09 621 E E ST, Ontario, CA 91764 91.00
1048-442-21 1083 E E ST, Ontario, CA 91764 91.00
1048-481-07 935 E HOLT BL, Ontario, CA 91761 240.00
1048-525-16 661 E HOLT BL, Ontario, CA 91761 120.00
1048-565-11 118 W B ST, Ontario, CA 91762 91.00
1048-566-07 303 N EUCLID AV, Building:1, Ontario, CA 91762 3,167.00 1049-101-34 767 E EMPORIA ST, Ontario, CA 91761 342.04
1049-212-10 611 S TAYLOR AV, Ontario, CA 91761 140.00
1049-212-12 601 S TAYLOR AV, Ontario, CA 91761 140.00
1049-246-08 514 S CHERRY AV, Ontario, CA 91761 387.00

Page 1 ends

City of Ontario
Community Improvement Department
2022/2023 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1049-246-09 329 E SUNKIST ST, Ontario, CA 91761 116.70
1049-333-04 209 W CARLTON ST, Unit:A, Ontario, CA 91762 917.92 1049-451-21 718 E MAITLAND ST, Ontario, CA 91761 120.00 1050-181-03 1175 E FRANCIS ST, Building:1, Ontario, CA 91761 1,465.83 1050-282-03 1712 S PALM AV, Ontario, CA 91762 816.95
1050-291-07 431 W MAPLE ST, Ontario, CA 91762 91.00
1051-011-65 2229 S CYPRESS AV, Ontario, CA 91762 120.00 1051-171-41 2424 S GROVE AV, Ontario, CA 91761 140.00
1051-551-35 961 E DEERFIELD ST, Ontario, CA 91761 940.72 1083-071-19 0 S ARCHIBALD AV, Ontario, CA 91761 140.00
1083-071-20 0 S ARCHIBALD AV, Ontario, CA 91761 140.00
1083-071-25 2575 S ARCHIBALD AV, Ontario, CA 91761 140.00 56 28,704.48

Page 2 ends

Department: Community Life & Culture
Prepared By: Lacey A Marchese
Staff Member Presenting:

Helen McAlary, Executive Director Community
Life and Culture
Approved By:

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve Amendment No. 2 to the Professional Services Agreement (“Agreement”) between CaseWorthy, Inc. of Salt Lake City, Utah, and the City of Ontario for additional work to develop a database system for the Continuum of Care Disaster Response, adding the amount of $35,640, for a total contract amount of $211,033.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The addition of $35,640 to this Agreement will increase the total contract amount to $211,033.

Funding for the Agreement was appropriated in the Department's budget as part of the Fiscal Year 2021-22 First Quarter Budget Update.

BACKGROUND & ANALYSIS: On December 1, 2019, the City of Ontario entered into a Professional Services Agreement with CaseWorthy, Inc. for the development of database systems for the Ontario Access Center and street outreach engagement for homeless services. These systems were developed and delivered to the City in July 2020. On May 4, 2021, the City approved Amendment No. 1 to this Agreement to develop a database system using the CaseWorthy platform to track contracts, expenditures, client demographics, and client qualifications related to the Tenant Based Rental Assistance (TBRA) Program. The City now desires to develop a database system that uses the CaseWorthy platform to track motel room usage, expenditures, client demographics and outcomes related to disaster response case management activities.

The original contract amount was $97,161 and included database development and licensing for three years for a total of 20 users. Contract Amendment No. 1 was for $78,232 and included database development and licensing for the remaining two years of the original contract for an additional 10 users. Amendment No. 1 brought the overall total contract amount to $175,393. The addition of $35,640 to this Agreement will increase the total contract amount to $211,033. 53 The City of Ontario has been fortunate to experience few catastrophic events, however the explosions on March 16, 2021 led to the displacement of over 80 households. To manage the information related to the households needing additional assistance, the Continuum of Care Staff relied on a series of spreadsheets. This practice would be inadequate should the City experience a massive casualty event that required the case management of many more households.

The disaster response database will not only improve the City’s capacity to more effectively respond to the long-term needs of residents after a crisis, with consistent assessments, and tracking of resources, it also supports the development of additional features used on a year-round basis, including the motel voucher program.

The database will be used by designated City staff, and the staff of Mercy House Living Centers (“Mercy House”) under the existing licensing agreement with CaseWorthy. The City of Ontario contracts with Mercy House to administer Access Center, and outreach and housing programs.

Mercy House staff currently use the CaseWorthy database to record outreach work and will be using the TBRA database that is nearing completion. The database development for disaster response is expected to begin February 1, 2022, and conclude within 6 months, by August 30, 2022.

Final contract approval will be contingent upon successful submittal and approval of all required supporting documents.
54 Department: Development Administration
Prepared By: Annie Wu
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Derrick E Womble
Approved By:

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council accept the City of Ontario’s AB 1600 Development Impact Fee (DIF) Annual Report for Fiscal Year ended June 30, 2021 (unaudited).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The Development Impact Fee (DIF) unaudited fund balance for Fiscal Year Ended June 30, 2021, is $167,465,802. This report is submitted to the City Council for informational purposes only, as it strictly reports on the DIF funds. City Council's acceptance of the AB 1600 DIF Annual Report for Fiscal Year Ended June 30, 2021 (unaudited), will not have a fiscal impact on the General Fund.

BACKGROUND & ANALYSIS: On July 1, 2003, the City Council adopted Ordinance Nos. 2779 and 2780 approving the collection of Development Impact Fees (DIF) to mitigate the impacts of future development. In accordance with the provisions of Ordinance Nos. 2779 and 2780, the City began collecting DIF on September 1, 2003; and the impact fees have been updated periodically by Resolutions of the City Council. The last update was authorized by the City Council on September 17, 2019, by Resolution No. 2019-135. This update, as well as the previous update, incorporates the results of the City's 2012 Water, Sewer, Storm Drain and Circulation Master Plan updates, along with the land use assumptions underlying the City's most recently updated General Plan (The Ontario Plan) adopted by the City Council in 2010.

California Government Code Sections §66001 and §66006 require making certain Development Impact Fee information available to the public. The City of Ontario addresses these reporting requirements through issuance of the AB 1600 DIF Annual Report along with the release of periodic updates to the City’s development impact fee calculation and nexus schedules. 55 As of the date of preparation of this report, the AB 1600 DIF Annual Report for Fiscal Year Ended June 30, 2021, represents the unaudited DIF financials. At the completion of the City's Annual Audit, any changes, if any, will be made available on the City's website at www.ontarioca.gov/Building/Fees.

The AB 1600 DIF Annual Report for Fiscal Year Ended June 30, 2021, consists of three schedules.

The first schedule reports each DIF category’s beginning and ending fund balances, its annual revenue and earnings, and its expenditures for the fiscal year. The second schedule provides a summary listing of DIF expenditure amounts by individual public improvement projects. The third provides the five-year findings with regards to unexpended funds, whether committed or uncommitted, from FY 2016-2017 through FY 2020-2021.

Currently, all unexpended funds are committed to future projects which are detailed in the September 2019 Master Facilities Plan. The most recently adopted update of the City’s DIF calculation and nexus schedules - Development Impact Fee Calculation and Nexus Report (September 2019) - contains the amount and purpose of each DIF, the public improvements the fees will fund and the reasonable relationship between the fees and the purposes for which they are being assessed.

The City of Ontario’s AB 1600 DIF Annual Report for Fiscal Year Ended June 30, 2021 (unaudited), as well as the September 2019 Development Impact Fee Calculation & Nexus Report, and the September 2019 Master Facilities Plan are available for review and reference at the City’s Records Management Department and on the City’s website, specifically at www.ontarioca.gov/Building/Fees.
56 City of Ontario, California
AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT
For Fiscal Year Ended June 30, 2021 (unaudited)
Prepared By:

Development Administration Department of
Community Development Agency
57 CITY OF ONTARIO
AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT
FOR FISCAL YEAR ENDED JUNE 30, 2021 (unaudited)

TABLE OF CONTENTS
AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT – INTRODUCTION………………………………………………………………………………………………………………………………….1 AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT………………………………………………….………..…………………………………………………………………………………………………….2 DEVELOPMENT IMPACT FEE PROJECTS/EXPENDITURES………………………………………………….………..……………………………………………………………………………………………….…3-4 FIVE-YEAR REVENUE TEST USING FIRST IN FIRST OUT METHOD………………………………………………….………..……………………..………………………………………………………………5-6 58 1

CITY OF ONTARIO
AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT – INTRODUCTION JUNE 30, 2021 (unaudited)
On July 1, 2003, the City Council adopted Ordinance Nos. 2779 and 2780 approving the collection of Development Impact Fees (DIF) in the City of Ontario to mitigate the impacts of future development. In accordance with the provisions of Ordinance Nos. 2779 and 2780, the City began collecting DIF on September 1, 2003. Pursuant to Ordinance 2779, the impact fees have been updated periodically since that time by resolutions of the City Council. The last Development Impact Fee update was authorized by the City Council on September 17, 2019 by Resolution No. 2019-135. This update, as well as the previous update, incorporates the results of the City’s 2012 Water, Sewer, Storm Drain and Circulation Master Plan updates, along with the land use assumptions underlying the City’s most recently updated The Ontario Plan, adopted by the City Council in 2010.

California Government Code sections §66001 and §66006 require making available to the public certain Development Impact Fee information. The City of Ontario addresses these reporting requirements through issuance of the AB 1600 Development Impact Fee Annual Report along with the release of periodic updates to the City’s development impact fee calculation and nexus schedules. The AB 1600 Development Impact Fee Annual Report for Fiscal Year Ended June 30, 2021 (unaudited) consists of three schedules. The first schedule reports each development impact fee category’s beginning and ending fund balances, its annual revenue and earnings, and its expenditures for the fiscal year. The second schedule provides a summary listing of development impact fee expenditure amounts by individual public improvement project, and the third provides the five-year findings with regards to unexpended funds, whether committed or uncommitted, from FY 2016-2017 through FY 2020-2021. Currently all unexpended funds are committed to future projects which are detailed in the September 2019 Master Facilities Plan. The most recently adopted update of the City’s development impact fee calculation and nexus schedules - Development Impact Fee Calculation and Nexus Report (September 2019) - contains the amount and purpose of each development impact fee, the public improvements the fees will fund, and the reasonable relationship between the fees and the purposes for which they are being assessed.

As a reference, the September 2019 Development Impact Fee Calculation & Nexus Report, and the September 2019 Master Facilities Plan, are made available for review and reference at the City’s Records Management Department and on the City’s website (www.ontarioca.gov/Building/Fees).
59 Fund Development Impact Fee Purpose
Fund Balance
July 1, 2020 DIF Fees
Interest/
Gains/Losses
Other
Sources/(Uses) DIF Refunds Projects Expenditures
Fund Balance
June 30, 2021
007 Parkland Facilities Development $ 24,301,849 $ 14,248,310 $ 148,703 $ 24,000 1 $ 43,121 $ 5,368,994 $ 33,310,747 101 Law Enforcement Facilities 733,285 733,410 (18,507) - 427 - 1,447,762 106 Refuse Collection Equipment 5,884,982 915,777 22,312 - 733 136,914 6,685,423 107 General Government Facilities 5,327,012 618,254 19,308 - 641 - 5,963,933 108 Library Expansion Facilities 6,486,753 1,881,572 39,090 - 1,326 - 8,406,089 109 Public Meeting Facilities 6,830,124 2,086,376 36,878 - 1,448 - 8,951,931 110 Aquatics Center Facilities 611,923 139,895 3,145 - 97 - 754,867 112 NMC Open Space Agreement 6,272,195 511,734 21,387 - - - 6,805,316 170 OMC Regional Streets, Signals and Bridges 5,697,708 1,623,427 24,261 - 1,528 641,231 6,702,636 171 OMC Local Adjacent Streets, Signals and Bridges 7,886,857 1,082,008 17,220 - 1,019 5,544,150 3,440,916 172 OMC Regional Storm Drainage Facilities 1,630,508 87,689 4,205 - 178 - 1,722,224 173 OMC Local Adjacent Storm Drainage Facilities 13,566,613 1,676,911 5,593 - 473,322 3,015,406 11,760,390 174 OMC Regional Water Distribution Facilities 15,991,837 2,579,492 61,643 - 5,073 - 18,627,899 175 OMC Local Adjacent Water Distribution Facilities 1,599,327 1,388,022 21,611 - 2,732 - 3,006,228 176 OMC Regional Sewer Collection Facilities 2,846,248 120,797 6,357 - 144 - 2,973,258 177 OMC Local Adjacent Sewer Collection Facilities 4,727,889 1,080,239 39,141 1,007,495 2 1,301 105,675 6,747,788 178 OMC Fire Protection Facilities (1,861,120) 303,354 (20,529) - 331 35,291 (1,613,916) 180 NMC Regional Streets, Signals and Bridges 11,294,837 1,495,541 (75,881) - 819,277 8,859,996 3 3,035,225 181 NMC Local Adjacent Streets, Signals and Bridges 14,629,546 323,229 (24,984) - 3,234,021 - 11,693,770 182 NMC Regional Storm Drainage Facilities 4,067,998 820,176 44,004 - 218,772 - 4,713,406 183 NMC Local Adjacent Storm Drainage Facilities 15,281,985 1,674,468 14,291 - 1,996,499 - 14,974,244 184 NMC Regional Water Distribution Facilities 1,021,837 644,066 23,178 - 460,416 294,176 934,488 185 NMC Local Adjacent Water Distribution Facilities 21,097,311 1,648,850 22,966 - 1,818,282 531,678 20,419,167 186 NMC Regional Sewer Collection Facilities 1,089,094 289,544 (339) - 9,406 144,772 1,224,122 187 NMC Local Adjacent Sewer Collection Facilities 564,720 206,444 (10,772) - 354,634 103,222 302,536 188 NMC Regional Fiber Optic System (11,270,206) 119,843 (124,800) 375,000 4 237,030 287,458 (11,424,650) 189 NMC Local Adjacent Fiber Optic System (317,633) 1,019,792 41,787 250,000 4 127,051 647,304 219,591 190 NMC Fire Protection Facilities 4,556,921 87,087 (80,756) - 133,092 8,749,747 (4,319,587) $ 170,550,401 $ 39,406,308 $ 260,514 $ 1,656,495 $ 9,941,902 $ 34,466,014 $ 167,465,802 2 Transfer in monies to fund reimbursement for Sewer Capital Improvement Project SE1901. 3 Includes FY2020 project expenses.
4 Transfer in monies to fund build out of the fiber optic primary ring and The Ontario Ranch Community for City Project MS0205. 1 Rental of City Property.

CITY OF ONTARIO
AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT
PURSUANT TO GOVERNMENT CODE SECTION 66006
FOR FISCAL YEAR ENDED JUNE 30, 2021 (unaudited)
Revenues
2 60
City Project DIF Project Description
Annual
Expenditure
PA1904 PK-001 Ontario Ranch Great Park 5,229,011
PA1903 PK-001 Skate Park Development 139,984
Fund 007 Subtotal 5,368,994
N/A RC-003 Refuse Containers 136,914
Fund 106 Subtotal 136,914
ST0308 ST-094 S. Milliken Grade Separation 1,942
ST1711 ST-116 I-10 Vineyard Interchange 477,908
ST1712 ST-114 I-10 Euclid Interchange 161,381
Fund 170 Subtotal 641,231
ST1510 ST-036 Mountain & Holt Intersection Widening 2,061,983 ST1710 ST-129 Fourth Street Bridge Undercrossing 3,482,167 Fund 171 Subtotal 5,544,150
SM1701 SD-065 Bon View Avenue Storm Drain 2,790,743
ST1710 SD-063 Fourth St Bridge Undercrossing 224,663
Fund 173 Subtotal 3,015,406
SE1701 SW-022 Archibald Ave Sewer Diversion 105,676
Fund 177 Subtotal 105,676
PF1101 FS-016 Fire Training Center Expansion 35,291
Fund 178 Subtotal 35,291
ST0308 ST-094 S. Milliken Grade Separation 966
ST1411 ST-106 SR60 @ Archibald Interchange 1 1,501,990
ST1411 ST-106 SR60 @ Archibald Interchange 7,357,040
Fund 180 Subtotal 8,859,996
WA1907 WT-032 Groundwater Wellhead Treatment 70,735
WA2004 WT-009 Ontario Ranch Phase II WTRM 223,441
Fund 184 Subtotal 294,176
WA1903 WT-016 Haven Recycled Water & Pressure Reducing Station 531,678 Fund 185 Subtotal 531,678
SE1801 SW-001 Payment to IEUA for Eastern Trunk Sewer 2 144,772 Fund 186 Subtotal 144,772

CITY OF ONTARIO

DEVELOPMENT IMPACT FEE PROJECTS/EXPENDITURES
FISCAL YEAR ENDED JUNE 30, 2021 (unaudited)
3 61
City Project DIF Project Description
Annual
Expenditure

CITY OF ONTARIO

DEVELOPMENT IMPACT FEE PROJECTS/EXPENDITURES
FISCAL YEAR ENDED JUNE 30, 2021 (unaudited)
SE1801 SW-001 Payment to IEUA for Eastern Trunk Sewer 2 103,222 Fund 187 Subtotal 103,222
MS-0205 FO-005 High-Speed Telecomm System-NMC 287,458
Fund 188 Subtotal 287,458
MS-0205 FO-007 High-Speed Telecomm System-NMC 647,304
Fund 189 Subtotal 647,304
PF0506 FS-001 Fire Station 9 8,749,747
Fund 190 Subtotal 8,749,747
$ 34,466,014
Interceptor Sewer Extension, And RP-1 Outfall, Dated June 4, 2004. 1 FY2020 project expenses.
2 Pursuant to Cooperative Agreement For The Sewer Conveyance Facilities Of The Eastern Trunk Sewer, Kimball 4 62
Fund Balance Unexpended
Fund Development Impact Fee Purpose June 30, 2016 2017 2018 2019 2020 2021 Total Funds (Note 1) Note 007 Parkland Acquisition and Facilities Development $ (9,849,921) $ - $ - $ - $ 8,365,863 $ 5,368,994 $ 13,734,857 $ - 101 Law Enforcement Facilities, Vehicles and Equipment (1,606,355) - - - - - - - 106 Solid Waste Collection Equipment 2,301,083 99,561 98,890 - 93,130 136,914 428,495 1,872,588 2 107 General Facilities, Vehicles and Equipment 2,136,656 - - - - - - 2,136,656 3 108 Library Facilities and Collection 1,396,239 - - - - - - 1,396,239 4 109 Public Use Facilities 2,302,598 49,604 - - 1,299,998 - 1,349,602 952,996 5 110 Aquatics Centers 218,483 - - - - - - 218,483 6
112 NMC Open Space Land Acquisition 1,665,074 - - - - - - 1,665,074 7 170 OMC Regional Circulation (Streets, Bridges and Signals) System 7,353,110 1,108,947 439,591 475,531 730,998 641,231 3,396,298 3,956,811 8 171 OMC Local Adjacent Circulation (Streets, Bridges and Signals) System 9,923,950 317,169 3,508,146 317,253 282,242 5,544,150 9,968,960 - 172 OMC Regional Storm Drainage System 1,212,908 - - - - - - 1,212,908 9 173 OMC Local Adjacent Storm Drainage System 22,840,601 6,156,603 1,095,854 2,595,509 2,564,236 3,015,406 15,427,608 7,412,993 10 174 OMC Regional Water System 11,198,137 - - - - - - 11,198,137 11 175 OMC Local Adjacent Water System 1,151,970 - 345,321 247,427 - - 592,748 559,222 12 176 OMC Regional Sewer Collection System 2,034,538 - - - - - - 2,034,538 13 177 OMC Local Adjacent Sewer Collection System 3,570,420 126,166 5,708 - - 105,675 237,549 3,332,871 14 178 OMC Fire Facilities, Vehicles and Equipment (357,419) - 156,920 343,942 1,518,680 35,291 2,054,833 - 180 NMC Regional Circulation (Streets, Bridges and Signals) System 1,362,122 1,204,120 531,606 868,658 1,962,394 8,859,996 11,924,784 - 181 NMC Local Adjacent Circulation (Streets, Bridges and Signals) System 1,631,007 - - - - - - 1,631,007 15 182 NMC Regional Storm Drainage System 389,648 - - - - - - 389,648 16 183 NMC Local Adjacent Storm Drainage System 3,504,072 - - - - - - 3,504,072 17 184 NMC Regional Water System (12,657,651) - - - 9,878 294,176 304,054 - 18 185 NMC Local Adjacent Water System 13,907,929 - - - 484,614 531,678 1,016,292 12,891,637 19 186 NMC Regional Sewer Collection System 185,301 87,529 163,370 288,203 285,981 144,772 969,856 - 20 187 NMC Local Adjacent Sewer Collection System 223,348 25,201 43,141 220,119 345,779 103,222 737,462 - 21 188 NMC Regional Fiber Optic Communication System (2,939,455) - - 895,273 478,342 287,458 1,661,073 - 22 189 NMC Local Adjacent Fiber Optic Communication System 3,242,295 - - 1,745,459 1,260,891 647,304 3,653,654 - 23 190 NMC Fire Facilities, Vehicles and Equipment 8,080,471 - 41,086 1,111,713 3,036,764 8,749,747 12,939,310 - 24

CITY OF ONTARIO

FIVE-YEAR REVENUE TEST USING FIRST IN FIRST OUT METHOD
FISCAL YEAR ENDED JUNE 30, 2021 (unaudited)
Project Expenditures
5 63

CITY OF ONTARIO

FIVE-YEAR REVENUE TEST USING FIRST IN FIRST OUT METHOD
FISCAL YEAR ENDED JUNE 30, 2021 (unaudited)
Notes:

1. All unexpended funds indicate the amount being held beyond the five year limit as described by AB1600.

2. 3.

4. 5.

6. 7.

8. Calculation and Nexus Report on page 196 and detailed in the 2019 Master Facilities Plan on pages 61-191.

9. 10.

11. 12.

13. 14.

15. 16.

17. 18.

19. 20.
on page 210 and detailed in the 2019 Master Facilities Plan on pages 350-400.

21. 22.
and Nexus Report on page 212 and detailed in the 2019 Master Facilities Plan on pages 434-441.

23. 24.

The unexpended General Facilities, Vehicles and Equipment funds will be expended on the General Facilities projects detailed in the 2019 Master Facilities Plan on pages 412-416.

The unexpended Solid Waste Collection Equipment funds will be expended on the Solid Waste projects detailed in the 2019 Master Facilities Plan on pages 403-409. page 200 and detailed in the 2019 Master Facilities Plan on pages 308-345.

The unexpended Library Facilities and Collection funds will be expended on the Library projects detailed in the 2019 Master Facilities Plan on pages 419-420.

The unexpended Public Use Facilities funds will be expended on the Public Use Facilities projects detailed in the 2019 Master Facilities Plan on page 423.

The unexpended Aquatics Centers funds will be expended on the Aquatics Centers projects detailed in the 2019 Master Facilities Plan on page 426.

The NMC Open Space Land Acquisition Development Impact Fee amount is based on a lawsuit settlement. The unexpended funds will be expended on one of the seven scenarios that were contemplated to determine the amount needed to be collected to meet the settlement agreeement funding requirement. These scenerios are outlined in the 2019 Development Impact Fee Calcultion and Nexus Report on pages 170-171.

The unexpended OMC Regional Circulation (Streets, Bridges and Signals) System funds will be expended on the General City Street Regional Circulation projects identified in the 2019 Development Impact Fee The unexpended OMC Regional Storm Drainage System funds will be expended on the General City Regional Storm Drainage projects identified in the 2019 Development Impact Fee Calculation and Nexus Report on page 198 and detailed in the 2019 Master Facilities Plan on pages 199-303.

The unexpended OMC Local Storm Drainage System funds will be expended on the General City Local Storm Drainage projects detailed in the 2019 Master Facilities Plan on pages 199-303.

The unexpended OMC Regional Water System funds will be expended on the General City Regional Water projects identified in the 2019 Development Impact Fee Calculation and Nexus Report on The unexpended NMC Local Adjacent Water System funds will be expended on the Ontario Ranch Local Adjacent Water projects detailed in the 2019 Master Facilities Plan on pages 308-345.

The unexpended OMC Local Adjacent Water System funds will be expended on the General City Local Adjacent Water projects detailed in the 2019 Master Facilities Plan on pages 308-345.

The unexpended OMC Regional Sewer Collection System funds will be expended on the General City Regional Sewer projects identified in the 2019 Development Impact Fee Calculation and Nexus Report on page 202 and detailed in the 2019 Master Facilities Plan on pages 350-400.

The unexpended OMC Local Sewer Collection System funds will be expended on the General City Local Sewer projects identified detailed in the 2019 Master Facilities Plan on pages 350-400.

The unexpended NMC Local Adjacent Circulation (Streets, Bridges and Signals) System funds will be expended on the Local Adjacent Ontario Ranch Street projects detailed in the 2019 Master Facilities Plan on pages 61-191.

The unexpended NMC Regional Storm Drainage System funds will be expended on the Ontario Ranch Regional Storm Drainage projects identified in the 2019 Development Impact Fee Calculation and Nexus Report on page 206 and detailed in the 2019 Master Facilities Plan on pages 199-303.

The unexpended NMC Local Adjacent Storm Drainage Systemfunds will be expended on the Local Adjacent Ontario Ranch Storm Drainage projects detailed in the 2019 Master Facilities Plan on pages 199-303.

The unexpended NMC Regional Water System funds will be expended on the Ontario Ranch Regional Water projects identified in the 2019 Development Impact Fee Calculation and Nexus Report on page 208 and detailed in the 2019 Master Facilities Plan on pages 308-345.

The unexpended NMC Regional Sewer Collection System funds will be expended on the Ontario Ranch Regional Sewer projects identified in the 2019 Development Impact Fee Calculation and Nexus Report The unexpended NMC Local Sewer Collection System funds will be expended on the Ontario Ranch Local Sewer projects detailed in the 2019 Master Facilities Plan on pages 350-400.

The unexpended NMC Regional Fiber Optic Communication System funds will be expended on the Ontario Ranch Regional Fiber Optic projects identified in the 2019 Development Impact Fee Calculation The unexpended NMC Local Fiber Optic Communication System funds will be expended on the Ontario Ranch Local Fiber Optic projects detailed in the 2019 Master Facilities Plan on pages 434-441.

The unexpended NMC Fire Facilities, Vehicles and Equipment funds will be expended on the Fire projects detailed in the 2019 Master Facilities Plan on pages 27-52. 6 64
Department: Development Administration
Prepared By: Derrick E Womble
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT: AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21- 004) BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO HOLDINGS, LLC., TO

ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO. PMTT21-011), AN 11.05-ACRE PROPERTY

LOCATED NEAR THE SOUTHWEST CORNER OF ARCHIBALD AND CHINO AVENUES, WITHIN THE NEIGHBORHOOD 7 LAND USE DISTRICT OF THE COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0218-111- 34 CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council consider and adopt an ordinance approving the Development Agreement (File No. PDA21-004) between the City of Ontario and LHC Ontario Holdings, LLC., to establish the terms and conditions for development of Tentative Tract Map 18916 (File No. PMTT21-011), an 11.05-acre property located near the southwest corner of Archibald and Chino Avenues, within the Neighborhood 7 land use district of the Countryside Specific Plan.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The proposed Development Agreement (File No. PDA21-004) will not have a direct impact on the City's general fund. The Development Agreement will provide funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Countryside Specific Plan development, thereby mitigating the increased costs associated with such services. In addition, the City will receive public service funding fees plus development impact, compliance processing, licensing, and permitting fees. No General Fund revenue will be used to support the Ontario Ranch development.
65 BACKGROUND & ANALYSIS: On December 21, 2021, the City Council introduced and waived further reading of an ordinance approving the Development Agreement. On April 18, 2006, the City Council certified the Environmental Impact Report (State Clearing Housing No. 2004071001) and related Countryside Specific Plan, File No. PSP04-001, (the “Specific Plan”). The Specific Plan addresses the potential development of up to 825 single-family detached residential units with connectivity to surrounding commercial and recreational facilities through a network of pedestrian sidewalks, bicycle trails, and landscaped paseos.

The Ontario Ranch financial commitments required for construction of properties within a specific plan are substantial. Therefore, in order to adequately forecast these costs and gain assurance that the project may proceed under the existing policies, rules, and regulations, LHC Ontario Holdings, LLC., (“Owner’) has requested that the City enter into negotiations to create a Development Agreement (“Agreement”).

In accordance with California Government Code Section 65865, which in part states that “[a]ny city… may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property…” and California Government Code Section 65865.52, which in part states that “a Development Agreement shall specify the duration of the Agreement, the permitted uses of the property… and may include conditions, terms, restrictions…,” the City of Ontario adopted Resolution No. 2002-100 setting forth the procedures and requirements for consideration of Development Agreements. Furthermore, the Financing and Construction Agreement with the NMC Builders, LLC (“NMC Builders”), requires those developments wishing to use the infrastructure it created to enter into Development Agreements with the City of Ontario. Pursuant to these procedures and requirements, Staff entered into negotiations with the Owner to create a Development Agreement for consideration by the Planning Commission and City Council.

The proposed Agreement (File No. PDA21-004) is based on the model Development Agreement that was developed in coordination with the City Attorney and legal counsel for NMC Builders. This model Development Agreement is consistent with the provisions of the Construction Agreement.

The terms of the agreement between NMC Builders’ members requires that members of the LLC enter into Development Agreements that are consistent with the provisions of the Construction Agreement.

The Agreement proposes to include 11.05 acres of land within the Neighborhood 7 land use district of the Countryside Specific Plan, as shown on the attached Exhibit A. The Agreement grants the Owner a vested right to develop Tentative Tract Map 18916 (the “Map”), provided the Owner complies with the terms and conditions of the Agreement, Specific Plan, and EIR. The Map (see attached Exhibit B) is located near the southwest corner of Archibald and Chino Avenues and proposes to subdivide approximately 11.05 acres of land into 36 numbered lots and two lettered common lots.

The term of the Agreement is for 10 years, with a 5-year option to renew. The main points of the Agreement address funding for all new City expenses created by the project, which includes:

Development Impact Fees (“DIF”) for construction of public improvements (i.e. streets and bridges, sewer, water, storm drain and fiber); Public Service Funding to ensure adequate provisions of 66 public services (police, fire and other public services); and the creation of a Community Facilities District (“CFD”) for the maintenance of public facilities.

In considering the Agreement at their meeting on November 23, 2021, the Planning Commission found that the Agreement was consistent with State law, The Ontario Plan, and the City's Development Agreement policies. As a result, the Planning Commission adopted Resolution No.

PC21-081, recommending City Council approval of the Agreement with a 5-0 vote.

HOUSING ELEMENT COMPLIANCE: The project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan. The project site is one of the properties listed in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix, and the proposed project is consistent with the number of dwelling units (36 for the project site, 819 specified in the Housing Element) and density (7.7 du/ac gross for the project site; 5-9 du/ac specified in the Housing Element).

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE : The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan (“ALUCP”), establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. The proposed project is located within the Airport Influence Area of Ontario International Airport and was evaluated and found to be consistent with the policies and criteria of the ALUCP. Any special conditions of approval associated with uses in close proximity to the airport are included in the conditions of approval provided with the attached Resolution.

ENVIRONMENTAL REVIEW: The environmental impacts of this project were previously reviewed in conjunction with the Countryside Specific Plan (File No. PSP04-001), for which an Environmental Impact Report (State Clearinghouse No. 2004071001) was certified by the City Council on April 18, 2006. This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference.
67 Exhibit A—COUNTRYSIDE SPECIFIC PLAN LAND USE PLAN

PROJECT SITE
68 Planning Commission Staff Report
File No.: PDA21-003
October 26, 2021

Page 2 of 2 ends

Exhibit B—TENTATIVE TRACT MAP NO. 18916
69 ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-004, A DEVELOPMENT

AGREEMENT, BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO
HOLDINGS, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO.

PMTT21-011), AN 11.05 ACRE PROPERTY LOCATED NEAR THE

SOUTHWEST CORNER OF ARCHIBALD AND CHINO AVENUES,
WITHIN THE NEIGHBORHOOD 7 LAND USE DISTRICT OF THE

COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0218-111-34.

WHEREAS, LHC Ontario Holdings, LLC. ("Applicant") has filed an Application for the approval of a Development Agreement, File No. PDA21-004, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 11.05 acres of land generally located near the southwest corner of Archibald and Chino Avenues, within the Neighborhood 7 land use district of the Countryside Specific Plan; and
WHEREAS, the Applicant has submitted Tentative Tract Map 18916 (File No.

PMTT21-011) to subdivide approximately 11.05 acres of land into 36 numbered lots and two lettered lots to facilitate future residential development; and WHEREAS, the environmental impacts of this project were previously reviewed in conjunction with File No. PSP04-001, the Countryside Specific Plan for which an Environmental Impact Report — State Clearinghouse No. 2004071001 — (hereinafter referred to as "Certified EIR") was adopted by the City Council on April 18, 2006, and this Application introduces no new significant environmental impacts; and WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport (ONT), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the ONT Airport Land Use Compatibility Plan (ALUCP), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
70 WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed;
WHEREAS, on November 23, 2021, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC21-081 recommending the City Council approve the Application; and
WHEREAS, on December 21, 2021, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:

SECTION 1. Environmental Determination and Findings. As the decisionmaking body for the Project, the City Council has reviewed and considered the information contained in the previous Certified EIR and supporting documentation. Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the City Council finds as follows:
(1) The environmental impacts of this project were previously reviewed in conjunction with File No. PSP04-001, the Countryside Specific Plan for which a Certified EIR was adopted by the City Council on April 18, 2006; and (2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and (3) The previous Certified EIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
(4) The previous Certified EIR reflects the independent judgment of the City Council; and
(5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the previous Certified EIR, and all mitigation measures previously adopted with the Certified EIR, are incorporated herein by this reference.

SECTION 2. Subsequent or Supplemental Environmental Review Not Required. Based on the information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental Certified EIR is not required for the Project, as the Project:
71 (1) Does not constitute substantial changes to the Certified EIR that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the Certified EIR was prepared, that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified/adopted, that shows any of the following:
(a) The project will have one or more significant effects not discussed in the Certified EIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or (d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3. Ontario International Airport Land Use Compatibility Plan (“ALUCP”) Compliance. The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan (“ALUCP”), establishing the Airport Influence Area for Ontario International Airport (“ONT”), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ALUCP compatibility factors, including [1] Safety Criteria (ALUCP Table 2-2) and Safety Zones (ALUCP Map 2-2), [2] Noise Criteria (ALUCP Table 2-3) and Noise Impact Zones (ALUCP Map 2-3), [3] Airspace protection Zones (ALUCP Map 2-4), and [4] Overflight Notification Zones (ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ALUCP. 72 SECTION 4. Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Project, the Planning Commission finds that based on the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan. The project site is one of the properties listed in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix, and the proposed project is consistent with the number of dwelling units (36 for the project site, 819 specified in the Housing Element) and density (7.7 du/ac gross for the project site; 5-9 du/ac specified in the Housing Element).

SECTION 5. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the City Council hereby concludes as follows:
a. The Development Agreement applies to approximately 11.05 acres of land located at the southwest corner of Archibald and Chino Avenues, within the Neighborhood 7 land use district of the Countryside Specific Plan; and b. The Development Agreement establishes parameters for the development of the Neighborhood 7 land use district of the Countryside Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the ability to quantify the fees; and establish the terms and conditions that apply to those projects. These terms and conditions are consistent with The Ontario Plan Policy Plan (General Plan), design guidelines and development standards for the Countryside Specific Plan; and c. The Development Agreement grants the Owner a vested right to develop Tentative Tract Map 18916 (File No. PMTT21-011) as long as the Owner, complies with the terms and conditions of the Specific Plan and EIR. Tentative Tract Map 18916 is located near the southwest corner of Archibald and Chino Avenues and proposes to subdivide 11.05 acres of land into 36 numbered lots and two lettered lots to facilitate future residential development; and
d. The Development Agreement has been prepared in conformance with the goals and policies of The Ontario Plan Policy Plan (General Plan); and e. The Development Agreement does not conflict with the Land Use Policies of The Ontario Plan Policy Plan (General Plan) and will provide for development, within the district, in a manner consistent with the Policy Plan and with related development; and
f. This Development Agreement will promote the goals and objectives of the Land Use Element of the Policy Plan; and
g. This Development Agreement will not be materially injurious or detrimental to the adjacent properties and will have a significant impact on the environment or the surrounding properties. The environmental impacts of this project 73 were previously reviewed in conjunction with the Countryside Specific Plan (File No.

PSP04-001), for which an Environmental Impact Report (SCH No. 2004071001) was adopted by the City Council on April 18, 2006. This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference.

SECTION 6. City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the herein described Development Agreement (File No. PDA21-004), attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 7. Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East “B” Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 9. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 10. Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 11. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. 74 PASSED, APPROVED, AND ADOPTED this 18th day of January 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
75 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3198 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 21, 2021 and adopted at the regular meeting held January 18, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3198 duly passed and adopted by the Ontario City Council at their regular meeting held January 18, 2022 and that Summaries of the Ordinance were published on December 28, 2021 and January 25, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
76 ATTACHMENT A:

File No. PDA21-004

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
LHC Ontario Holdings, LLC
a Delaware limited liability company
(Development Agreement to follow this page)
77 45774.0021C\7810652.1

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF ONTARIO

CITY CLERK / RECORDS MANAGEMENT
303 EAST “B” STREET
ONTARIO, CA 91764-4196
Exempt from Fees Per Gov. Code § 6103
______________________________________________________________________ Space above this line for Recorder’s Use Only
FILE NO. PDA21-004

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
LHC Ontario Holdings, LLC
a Delaware limited liability corporation
_________________________, 2022
San Bernardino County, California
78 -2-
DEVELOPMENT AGREEMENT NO. PDA21-004
This Development Agreement (hereinafter “Agreement”) is entered into effective as of the ____ day of ____________, 2022 by and among the City of Ontario, a California municipal corporation (hereinafter “CITY”), and LHC Ontario Holdings, LLC, a Delaware limited liability company (hereinafter “OWNER”):

RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement in that Countryside Specific Plan (State Clearinghouse No. 2004071001 (the “FEIR”). The City Council found and determined that the FEIR was prepared in accordance with the requirements of the California Environmental Quality Act and adequately describes the impacts of the project described in the FEIR, which included consideration of this Agreement; and WHEREAS, this Agreement and the Project are consistent with the CITY’s Comprehensive General Plan and the Countryside Specific Plan; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, 79 -3-
and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.

WHEREAS, the Property is located in an area of the City of Ontario that has been known as the “New Model Colony” area and the New Model Colony area has now been renamed as “Ontario Ranch.”
WHEREAS, the property developer/owners are made aware of the South Archibald Trichloroethylene (TCE) Plume Disclosure Letter (Exhibit “G”). Property owner may wish to provide the attached Letter as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq. This may include notifications in the Covenants, Conditions and Restrictions (CC&Rs) or other documents related to property transfer and disclosures. Additional information on the plume is available from the Santa Ana Regional Water Quality Control Board at http://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T10000004658.

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

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 “Agreement” means this Development Agreement.

1.1.2 “CITY” means the City of Ontario, California, a California municipal corporation.

1.1.3 “Construction Agreement” means that certain Agreement for the Financing and Construction of Phases I and II Infrastructure Improvements to Serve an Easterly Portion of the New Model Colony, entered into between the CITY and NMC Builders as of the 4th day of October, 2005, and all amendments thereto and “Construction Agreement Amendment” means that First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve and Easterly Portion of the New Model Colony entered into between the CITY and NMC Builders as of the 21st day of August 2012.
80 -4-

1.1.4 “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of public infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.5 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) development plan review;
(d) conditional use permits (including model home use permits), public use permits and plot plans;
(e) zoning;
(f) grading and building permits.

1.1.6 “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.7 “Development Impact Fee” means a monetary exaction, other than a tax or special assessment, whether characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, and, for purposes of this Agreement only, includes fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, For purposes of this Agreement only, "Development Impact Fee" shall not include processing fees and charges imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the 81 -5-
processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superceded, including by amendment or replacement.

1.1.8 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.1.9 “Effective Date” means the date that the ordinance approving this Agreement goes into effect.

1.1.10 “Existing Development Approvals” means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public record on the Effective Date.

1.1.11 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit “D” and all other Land Use Regulations that are in effect and a matter of public record on the Effective Date.

1.1.12 “General Plan” means the General Plan adopted on January 27, 2010.

1.1.13 “Improvement” or “Improvements” means those public improvements required to support the development of the Project as described in the Tract Map conditions for Tract Map No. 18916 as further described in Exhibit “F” (the “Infrastructure Improvements Exhibit”).

1.1.14 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
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(d) the granting of encroachment permits and the conveyance of similar rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.15 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.16 “Model Units” means a maximum of four (4) model units, private common recreation facilities and sales facilities constructed by OWNER prior to the construction of any Production units and not offered for sale and occupancy for a period of time after the issuance of permits for Production Units.

1.1.17 “OWNER” means the persons and entities listed as owner on page 1 of this Agreement and their permitted successors in interest to all or any part of the Property.

1.1.18 “Production Unit(s)” means all units constructed for sale and occupancy by OWNER and excludes the specified number of Model Units constructed by OWNER for promotion of sales.

1.1.19 “Project” means the development of the Property contemplated by the Development Plan, as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.20 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.

1.1.21 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.

1.1.22 “Specific Plan” means that certain specific plan adopted by the City Council, and entitled, “Countryside Specific Plan.”

1.1.23 "Storm Water Treatment Capacity Availability” means a designated portion of the total Storm Water Treatment Capacity Availability made available through the completion of construction of a Phase of regional storm water treatment facilities by the NMC Builders LLC as described in the Construction Agreement Amendment. The amount, in acres, of Storm Water Treatment Capacity Availability required for the issuance of a grading permit shall be based upon the factors and assumptions listed in the Construction Agreement Amendment.

1.1.24 “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.

1.1.25 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 83 -7-

1.1.26 “Water Availability Equivalent (WAE)” means a designated portion of the total Net MDD made available through the construction of each Phase described in the Water Phasing Plan of the Construction Agreement. The number of Water Availability Equivalents (of portions thereof) required for the issuance of each building permit shall be based upon water demand factors and assumptions listed in the Construction Agreement and Construction Agreement Amendment as “Water Availability Equivalents by Land Use” for each land use category.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit “A” — Legal Description of the Property.

Exhibit “B” — Map showing Property and its location.

Exhibit “C” — Existing Development Approvals.

Exhibit “D” — Existing Land Use Regulations.

Exhibit “E” — Description of Required Infrastructure Improvements Exhibit “F” — Depiction of Required Infrastructure Improvements Exhibit(s) Exhibit “G” - Form of Plume Disclosure Letter

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.

2.2 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof, or has the right to acquire fee simple title to the Property or a portion thereof from the current owner(s) thereof. To the extent OWNER does not own fee simple title to the Property, OWNER shall obtain written consent from the current fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof.

2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for an initial term of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. The term of this Agreement may be extended for an additional five (5) years following expiration of the initial ten (10) year term, provided the following have occurred:
(a) OWNER provides at least 180 days written notice to CITY prior to expiration of the initial term; and
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(b) In non-mixed use and residential use only projects, the OWNER shall have obtained, as applicable, building permits for at least seventy percent (70%) of the actual number of residential units permitted under this Agreement; and (c) OWNER is not then in uncured default of this Agreement.

2.4 Assignment.

2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.), to any person, partnership, limited liability company, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. OWNER may be required to provide disclosure that the Property is within the South Archibald Trichloroethylene (TCE) Plume. OWNER may wish to provide the attached Disclosure Letter (Exhibit G) as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq.(b). Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY’s City Manager, in writing, of such sale, transfer or assignment and shall provide CITY with: (1) an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement with respect to the portion of the Property so sold, transferred or assigned; and (2) the payment of the applicable processing charge to cover the CITY’s review and consideration of such sale, transfer or assignment.
(c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.

Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. The City Manager shall have the authority to review, consider and either approve, conditionally approve, or deny any proposed sale, transfer or assignment that is not made in compliance with this section 2.4.

2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring owner is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring owner of the following conditions:
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(a) OWNER no longer has a legal or equitable interest in all or any part of the portion of the Property sold, transferred or assigned.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder.

2.4.3 Effect of Assignment and Release of Obligations. In the event of a sale, transfer or assignment pursuant to the provisions of Section 2.4.2 above:
(a) The assignee shall be liable for the performance of all obligations of OWNER with respect to transferred property, but shall have no obligations with respect to the portions of the Property, if any, not transferred (the “Retained Property”). (b) The owner of the Retained Property shall be liable for the performance of all obligations of OWNER with respect to Retained Property, but shall have no further obligations with respect to the transferred property.
(c) The assignee’s exercise, use and enjoyment of the Property or portion thereof shall be subject to the terms of this Agreement to the same extent as if the assignee were the OWNER.

2.4.4 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.4.

2.4.5 Termination of Agreement with Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
(b) A certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid. 86 -10-

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only in the manner provided for in Government Code Section 65868.1. Any amendment of this Agreement, which amendment has been requested by OWNER, shall be considered by the CITY only upon the payment of the applicable processing charge. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. Either Party or successor in interest, may propose an amendment to or cancellation, in whole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent of the parties or their successors in interest except as provided otherwise in this Agreement or in Government Code Section 65865.1. For purposes of this section, the term “successor in interest” shall mean any person having a legal or equitable interest in the whole of the Property, or any portion thereof as to which such person wishes to amend or cancel this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the first instance. Notwithstanding the foregoing sentence, if the CITY initiates the proposed amendment to, or cancellation of, in whole or in part, this Agreement, CITY shall first give notice to the OWNER of its intention to initiate such proceedings at least sixty (60) days in advance of the giving the public notice of intention to consider the amendment or cancellation.

2.5.1 Amendment to Reflect Consistency With Future Amendments to the Construction Agreement. To the extent any future amendment to the Construction Agreement provides for modifications to rights or obligations that differ from or alter the same or similar rights or obligations contained in this Development Agreement, OWNER reserves the right to request an amendment to the Development Agreement to reflect any or all of such modifications.

2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section

2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default 87 -11-
in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY.

2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person, including, without limitation, by courier, to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:

If to CITY:

Scott Ochoa, City Manager
City of Ontario
303 East "B" Street
Ontario, CA 91764
If to OWNER:

Craig Cristina
LHC Ontario Holdings, LLC
3161 Michelson, Suite 425
Irvine, CA 92612
[email protected]
with a copy to:

Ruben Duran, City Attorney
Best Best & Krieger, LLP
2855 E Guasti Road
Ontario, CA 91761
With a copy to:

Richland Legal Dept. c/o John Troutman
3161 Michelson, Suite 425
Irvine, CA 92612
[email protected]
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, 88 -12-
the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise discretion in accordance with the same manner as it exercises its discretion under its police powers, including the Reservations of Authority set forth herein; provided however, that such discretion shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.

3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v.

City of Camarillo (1984) 37 Ca1. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment.

3.3.1 Infrastructure Improvement Exhibit. Attached hereto as Exhibits “E” and "F" are a description and depiction, respectively, of the Improvements needed for the development of the Property. In the event of any discrepancy between Exhibit E and Exhibit F, Exhibit F shall control.

3.4 Requirement for Public Infrastructure Improvements. Development of the Property is contingent in part on the phasing of area-wide infrastructure improvements over which the OWNER has control. The issuance of building permits by CITY for Model Units and Production Units is, in general, contingent on OWNER’s completion of needed infrastructure improvements and the availability of improvements and services to serve the Property.

3.4.1 Attached hereto as Exhibit “F” is a depiction of the infrastructure improvements needed for the development of the Property (“the Infrastructure Improvement Exhibit”).

3.4.2 Subject to the prior submittal by OWNER and approval by CITY of a plan to provide sufficient public infrastructure for the construction of a maximum number of four (4) Model Units, private common recreation facilities and sales facilities. 89 -13-
CITY may issue a maximum of four (4) building permits for Model Units, private common recreation facilities and sales facilities. The plan to be submitted by OWNER for CITY approval shall describe the utilities and other infrastructure necessary to provide sufficient fire protection and other public health and safety requirements for the Model Units and other facilities.

3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit “C”, and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

3.6 Reservations of Authority.

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the CITY shall not be prevented from applying new rules, regulations and policies upon the OWNER, nor shall a development agreement prevent the CITY from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations and policies where the new rules, regulations and policies consist of the following:
(a) Processing fees by CITY to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals;
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(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure;
(c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY; provided however that, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the standards and specifications that are expressly identified in the Specific Plan;
(d) Regulations that may conflict with this Agreement and the Development Plan but that are reasonably necessary to protect the residents of the project and/or of the immediate community from a condition perilous to their health or safety;
(e) Regulations that do not conflict with those rules, regulations and policies set forth in this Agreement or the Development Plan; (f) Regulations that may conflict but to which the OWNER consents.

3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.

3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

In the event OWNER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.6.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief). 91 -15-

3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.

3.7 Public Works; Utilities. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. As a condition of development approval, OWNER shall connect the Project to all utilities necessary to provide adequate water, recycled water, sewer, gas, electric, and other utility service to the Project. As a further condition of development approval, OWNER shall contract with the CITY for CITY-owned or operated utilities for this purpose, for such price and on such terms as may be available to similarly situated customers in the CITY.

3.7.1 OWNER agrees that development of the Project shall require the construction of Storm Drain facilities as described in Exhibit E and depicted in Exhibit F. OWNER shall be responsible for the construction of the necessary extension of Storm Drain facilities. OWNER agrees that no building permits shall be issued by CITY for Production Units prior to completion of the storm drain improvements, as described in Exhibit E and depicted in Exhibit F.

3.7.2 OWNER agrees that development of the Project shall require the construction of street improvements as described in Exhibit E and depicted in Exhibit F. OWNER agrees that no building permits shall be issued by CITY for Production Units prior to completion of the street improvements, as described in Exhibit E and depicted in Exhibit F.

3.7.3 OWNER agrees that development of the Property shall require the extension of water and recycled water utility infrastructure as described in Exhibit E and depicted in Exhibit F. OWNER agrees that no building permits shall be issued by CITY for Production Units prior to completion of the water and recycled water Improvements as described in Exhibit E and depicted in Exhibit F. OWNER also agrees that recycled water shall be available and utilized by OWNER for all construction-related water uses including prior to, and during, any grading of the Property.

3.7.4 OWNER agrees that development of the Property shall require the extension of sewer improvements, at OWNER’s sole cost and expense, as described in the attached Exhibit E and depicted in Exhibit F. OWNER agrees that no building permits shall be issued by CITY for Production Units prior to completion of the sewer improvements, as described in Exhibit E and depicted in Exhibit F. 92 -16-

3.7.5 OWNER agrees that development of the Property shall require the extension of fiber optic communications infrastructure, at OWNER’s sole cost and expense, as described in the attached Exhibit E and depicted in Exhibit F.

OWNER agrees that no building permits shall be issued by CITY for Production Units prior to completion of the fiber optic communication improvements, as described in Exhibit E and depicted in Exhibit F.

3.8 Acquisition of Offsite Provision of Real Property Interests. In any instance where OWNER is required by any Development Approval or Land Use Regulation and the Construction Agreement to construct any public improvement on land not owned by OWNER (“Offsite Improvements”), the CITY and OWNER shall cooperate in acquiring the necessary legal interest (“Offsite Property”) in accordance with the procedures set forth in Section 2.4 of the Construction Agreement. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.8.1 CITY Acquisition of Non-Construction Agreement Offsite Property. In the event OWNER is required to construct any public improvements on land not owned by OWNER, but such requirement is not based upon the Construction Agreement, Sections 3.8.1 and 3.8.2 shall control the acquisition of the necessary property interest(s) (“Non-Construction Agreement Offsite Property”). If the OWNER is unable to acquire such Non-Construction Agreement Offsite Property, and following the written request from the OWNER to CITY, CITY agrees to use reasonable and diligent good faith efforts to acquire the Non-Construction Agreement Offsite Property from the owner or owners of record by negotiation to the extent permitted by law and consistent with this Agreement. If CITY is unable to acquire the Non-Construction Agreement Offsite Property by negotiation within thirty (30) days after OWNER’S written request, CITY shall, initiate proceedings utilizing its power of eminent domain to acquire that Non-Construction Agreement Subject Property at a public hearing noticed and conducted in accordance with California Code of Civil Procedure Section 1245.235 for the purpose of considering the adoption of a resolution of necessity concerning the Non-Construction Agreement Offsite Property, subject to the conditions set forth in this Section 3.8.

The CITY and OWNER acknowledge that the timelines set forth in this Section

3.8.1 represent the maximum time periods which CITY and OWNER reasonably believe will be necessary to complete the acquisition of any Non-Construction Agreement Offsite Property. CITY agrees to use reasonable good faith efforts to complete the actions described within lesser time periods, to the extent that it is reasonably able to do so, consistent with the legal constraints imposed upon CITY.

3.8.2 Owner’s Option to Terminate Proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to making an offer to the owner of the Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY 93 -17-
to cease all acquisition proceedings with respect to that Non-Construction Agreement Offsite Property, whereupon CITY shall cease such proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to the date of the hearing on CITY’S intent to consider the adoption of a resolution of necessity as to any Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease condemnation proceedings, whereupon CITY shall cease such proceedings. If OWNER does not notify CITY to cease condemnation proceedings within said fifteen (15) day period, then the CITY may proceed to consider and act upon the Non-Construction Agreement Offsite Property resolution of necessity. If CITY adopts such resolution of necessity, then CITY shall diligently institute condemnation proceedings and file a complaint in condemnation and seek an order of immediate possession with respect to the Non-Construction Agreement Offsite Property.

3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.

3.10 Tentative Tract Maps; Extension. With respect to applications by OWNER for tentative subdivision maps for portions of the Property, CITY agrees that OWNER may file and process tentative maps in accordance with Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the California Government Code and the applicable provisions of CITY’s subdivision ordinance, as the same may be amended from time to time. In accordance with the provisions of Section 66452.6 of the Government Code, each tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be deemed to have been granted an extension of time to and until the date that is five (5) years following the Effective Date of this Agreement.; The CITY’s City Council may, in its discretion, extend any such map for an additional period of up to five (5) years beyond its original term, so long as the subdivider files a written request for an extension with the City prior to the expiration of the initial five (5) year term.

4. PUBLIC BENEFITS.

4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.
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4.2 Development Impact Fees.

4.2.1 Amount of Development Impact Fee. Development Impact Fees (DIF) shall be paid by OWNER. The Development Impact Fee amounts to be paid by OWNER shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the CITY to impose new Development Impact Fees or amend the amounts of existing Development Impact Fees. Additionally, nothing contained in this Agreement shall affect the ability of other public agencies that are not controlled by CITY to impose and amend, from time to time, Development Impact Fees established or imposed by such other public agencies, even though such Development Impact Fees may be collected by CITY.

4.2.2 Time of Payment. The Development Impact Fees required pursuant to Subsection 4.2.1 shall be paid to CITY prior to the issuance of building permit for each applicable residential or other unit, except for the Open Space and Habitat Acquisition Development Impact fee, which shall be paid by OWNER to CITY prior to the issuance of a grading permit. Deferral of the payment of Development Impact Fees may be granted pursuant to a separate agreement approved by City pursuant to City policy.

4.2.3 Parkland and Quimby Act Fees. Pursuant to the General Plan (Ontario Plan) Goal PR1, Policy PR1-5 (achievement of a park standard of 5 acres of parkland per 1,000 residents) OWNER shall provide improved parks, developed in accordance with the City’s park standards in an amount equal to two (2) acres per 1,000 of projected population without credit, reimbursement, offset or consideration from City. Such areas shall either be dedicated to the City or transferred to a homeowners’ association. If approved by the City Manager, OWNER may satisfy this requirement through the development of non-public recreation facilities such as private recreational clubhouses or pool facilities.

Credit for such private recreational facilities areas shall be limited to a maximum of 50% of the foregoing park development requirement. If OWNER’s Project does not provide dedicated and developed park acreage equal to two (2) acres per 1,000 projected population, OWNER shall pay a fee in-lieu equal to the per acre estimated costs of acquisition and development of parkland in the City’s Development Impact Fee for the calculated park acreage deficiency. Such in-lieu fee shall be due and payable prior to the issuance of the first building permit for Production Units issued to OWNER. Any park dedication and/or improvements in excess of such two (2) acres per thousand standard, provided such park has been developed in accordance with the City’s park standards and is open to the public generally, shall entitle OWNER to a credit toward its obligations under the Quimby Act (Gov. Code, § 64477) and the City’s implementing ordinance and/or resolution (collectively “Quimby Act Obligations”), and to the extent OWNER’s Quimby Act Obligations are satisfied, OWNER shall be entitled to have the City acquire such developed and publicly available parks as Non-Program Interests in accordance with Section 4.3.3 below.
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4.3 Responsibility for Construction of Public Improvements.

4.3.1 Timely Construction of Public Infrastructure. The phasing of the areawide infrastructure construction within the New Model Colony will be as approved by the CITY. OWNER shall be responsible for the timely construction and completion of all public infrastructure required for the Project as shown on the attached Exhibit “F” and any and all tentative tract map conditions. Unless otherwise specified in the Subdivision Agreement/Tract Map conditions, all other required Improvements for each Tract Map, shall be completed and operational prior to, and as a condition precedent to, OWNER requesting and CITY’s granting of the first building permit for production units for each such Tract Map. All Infrastructure and Improvements shall be completed as required by the Subdivision Agreement/Tract Map conditions for Tract No. 18916.

4.3.2 Construction of DIF Program Infrastructure (Construction Agreement). To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program and the Construction Agreement between CITY and NMC Builders LLC, CITY agrees that CITY shall issue DIF Credit in accordance with the provisions of the Construction Agreement and any amendments thereto. Use of DIF Credit issued to OWNER as a member of NMC Builders LLC to offset OWNER’s DIF payment obligations shall also be subject to the provisions of the Construction Agreement and any amendments thereto.

4.3.3 Construction of DIF Program Infrastructure (Non-Construction Agreement).

To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program and such public improvements are not included the Construction Agreement between CITY and NMC Builders LLC, CITY agrees that CITY shall issue DIF Credit in accordance with the provisions of a separate Fee Credit Agreement between CITY and OWNER. Limitation on the use of DIF Credit issued to OWNER to offset OWNER’s DIF payment obligations shall also be subject to the provisions of a separate Fee Credit Agreement. CITY and OWNER agree that the Fee Credit Agreement between CITY and OWNER shall comply with CITY’s adopted policies applicable to such agreements.

4.3.4 Construction of Public Infrastructure by Third Parties. CITY and OWNER acknowledge that a portion of the Improvements described in Exhibit E and depicted in Exhibit F are necessary for the development of surrounding properties within the Ontario Ranch and the other property owners are also obligated to construct the Improvements or portions thereof. As such, CITY agrees that OWNER's obligation to construct the Improvements may be satisfied by third party owners pursuant to separate written agreements between OWNER and said third party undertaking the construction of the Improvements. Nothing in this Agreement shall be construed to prohibit the coordination of the construction of the Improvements between private parties, including the allocation of costs for the construction of the Improvements. Notwithstanding anything to the contrary 96 -20-
herein, any applicable DIF Credits may be transferred and assigned from one (1) party to another with respect to the construction of the Improvements and such transfer or assignment shall not require the conveyance of any real property.

4.4 Affordable Housing Requirement.

4.4.1 Affordable Housing- Number of Units. OWNER shall provide a minimum number of affordable housing units, equivalent to 10% of the OWNER’s total approved residential units within the Project, that are affordable to very low, low and moderate income households. Such requirement for affordable housing shall be met through one, or a combination of one or more, of the options provided in the following Sections 4.3.2.1 through 4.3.2.1. For the purposes of this Section, any term not defined in this Agreement shall be as defined by California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.).

4.4.2 Affordability Spread. Of the total number of residential dwelling units specified in Section 4.4.1, to be constructed or rehabilitated pursuant to Sections

4.4.2.1 or 4.4.2.2 respectively, thirty percent (30%) shall be available to very low income, thirty percent (30%) shall be available to low income and forty percent (40%) shall be available to moderate income households. “Households” shall be as defined by California Health and Safety Code Section 50053.

4.4.2.1 New Construction. If OWNER elects to fully or partially satisfy the affordable housing requirement by the construction of new residential units, it shall construct and restrict the affordability of residential dwelling units within its Project or, at OWNER’s option and with the approval of the City, within another project elsewhere within the City. The affordable units constructed shall be intermingled with other units as part of the Project, and shall be built to the same construction, design and aesthetic standards, as well as number of rooms, as other units constructed as part of that OWNER’s Project. In addition, the percentage ratio of affordable units offered for sale versus those offered for rent shall equal the percentage ratio of other units offered for sale versus for rent within OWNER’s Project. Such construction shall be completed no later than the date that is five (5) years following the issuance of the first building permit for OWNER’s Project; provided however that to the extent OWNER has not constructed the required percentage of units, based on the number of building permits for non-restricted units, OWNER shall, prior to the issuance of such building permits, provide security (in the form and substance approved by the City Manager and City Attorney) to City in order to ensure the faithful completion of such required percentage of construction of affordable units. If OWNER elects the option of constructing new affordable units, a detailed Affordable Housing Agreement specifying terms for the allowable monthly housing costs or rents (as applicable) and maintenance and occupancy standards shall be prepared, executed and recorded against such units as a condition to the issuance of a building permit. The Affordable Housing Agreement shall hold a recorded 97 -21-
priority position senior to any other non-statutory lien or encumbrance affecting the unit.

4.4.2.2 Rehabilitation. If OWNER elects to fully or partially satisfy the affordable housing requirement by the substantial rehabilitation of existing residential units in the City, it shall substantially rehabilitate and restrict the affordability of, the number of residential units specified in Section 4.4.1, provided that such units shall be provided elsewhere within the City. The rehabilitation work shall be substantial and of high quality and shall also address any deferred property maintenance issues on the property. “Substantial rehabilitation” shall mean rehabilitated multi-family rented dwelling units with three or more units and the value of the rehabilitation constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of land value pursuant to Health and Safety Code Section 33413(b)(2)(A)(iii-iv) as such section exists as of the Effective Date of this Agreement. If OWNER chooses the option of rehabilitation of existing housing units within the City, a detailed Affordable Housing Agreement specifying the terms for the allowable month housing costs or rents (as applicable) and maintenance and occupancy standards shall be prepared, executed and recorded against such units as a condition to the issuance of a building permit. Such rehabilitation shall be completed no later than the date that is five (5) years following the issuance of the first building permit for OWNER’s Project; provided however that to the extent OWNER has not rehabilitated the required percentage of units, based on the number of building permits, OWNER shall, prior to the issuance of such building permits, provide security (in the form and substance approved by the City Manager and City Attorney) to the City in order to ensure the faithful completion of such required percentage of rehabilitation.

4.4.2.3 In-Lieu Fee. If OWNER has not fully complied with the requirements of Section 4.3.1 by providing the minimum number of affordable units through the construction of new affordable units or by the substantial rehabilitation of existing units, shall pay an “Affordability In-Lieu Fee”. If OWNER has not provided any affordable residential units by construction or rehabilitation, the Affordability In-Lieu fee shall be equal to Two Dollars Eighty Five Cents ($2.85) per square foot of residential development within OWNER’s Project or, if pre-paid as set forth below, Two Dollars Fifty Cents ($2.50) per square foot of residential development within OWNER’s Project. If OWNER has partially complied with the requirements of Section 4.4.1 by construction or rehabilitation of less than the minimum number of units, then the Affordability In-lieu Fee shall be recalculated and reduced in consideration of the number and type of affordable units provided.

The Affordability In-Lieu Fee shall be paid by OWNER to City no later than prior to the issuance of each building permit within OWNER’s Project based on the square footage of the residential unit for which such building permit is sought; provided however that OWNER may, at OWNER’s election, pre-pay such Affordability In-Lieu Fee by paying such Affordability In-Lieu Fee within 98 -22-
thirty (30) days following the earliest discretionary approval by the City for OWNER’s Project, including, but not limited to, any general plan amendment, specific plan adoption, development agreement, tentative map approval, variance, conditional use permit, or resolution of intention to form any public financing mechanism. The Two Dollars, Eighty Five Cents ($2.85) and the Two Dollars Fifty Cents ($2.50) per square foot amounts shall automatically be increased annually, commencing on July 1, 2022, and automatically each July 1 thereafter. Such adjustment shall be based on the percentage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA), (December 2017=100) over the preceding year. The pre-paid Affordability In-Lieu Fee shall be calculated based on the maximum floor area ratio (FAR) permitted within the General Plan and any applicable FAR contained within the applicable specific plan, whichever is greater, and the Maximum Development Density. For purposes of this Agreement, “Maximum Development Density” shall be determined by multiplying the OWNER’s Project’s density for residential development potential as set forth in the General Plan or the applicable Specific Plan, whichever is less, by the net acreage of land within OWNER’s Project. All “Affordability In-Lieu Fees” collected by the City shall be used to promote the construction of affordable housing within the City.

4.4.2.4 Affordability Covenants. Prior to the issuance of the first building permit for any affordable unit, the City and OWNER shall enter into an Affordable Housing Agreement Affordability shall be assured for a period of forty-five (45) years for for-sale units and fifty-five (55) years for rentals. For rental units, base rents shall be established by the City and rental adjustments required by the City shall be performed on an annual basis. In addition, the Affordable Housing Agreement shall impose maximum occupancy limits of 2 occupants per bedroom plus 1 additional occupant per dwelling unit, and a requirement for the owner or tenant to properly maintain each dwelling unit.

4.4.2.5 Transfer of Affordable Project. No transfer of title to any affordable housing project shall occur without the prior written consent of the City. In the event OWNER transfers title to any affordable housing project required to be constructed pursuant to this Agreement to a non-profit entity, or other entity, that receives an exemption from ad valorem real property taxes, the City shall be required to assure payment of an annual in lieu fee to the City on July 1 of each year equal to one-tenth of one percent (0.1%) of the assessed value of such project. The City may permit OWNER to satisfy this obligation by recorded covenants against the property and enforceable against said entity by the City. Any such covenants shall be approved by the Planning Director and the City Attorney.

4.5 Schools Obligations.
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4.5.1 Written Evidence of Compliance with Schools Obligations.

OWNER shall, either through joint or individual agreements between OWNER and the applicable school district(s), shall satisfy its new school obligations. The new school obligations for the Mountain View School District in the Ontario Ranch area have been projected to include the acquisition or dedication of school sites for, and construction of, up to eight (8) schools. Of these eight (8) schools, six (6) are to be elementary (K-5) grade schools and two (2) are to be middle grade schools. The new school obligations for the Chaffey Joint Union High School District in the Ontario Ranch area have been projected to include the dedication of a school site for, and construction of, an additional high school. The new school obligations for the applicable school district shall be met by a combination of the following: (1) designating and dedicating school site(s) within the Property as set forth in the General Plan, and/or (2) paying school impact fees, (3) entering into a joint mitigation agreement or individual mitigation agreements, or (4) any combination of the foregoing. Written evidence of approval by the applicable school district that OWNER has met their school obligations may be required by the City as the condition to the issuance by the City of any entitlements for OWNER’s Project. In the event OWNER is unable to provide such written evidence from the applicable school district(s), the City shall have the right to decline to honor any DIF Credit, Certificates of MDD Availability, Certificates of Storm Water Treatment Capacity Availability, or any combination thereof, presented by such OWNER, without liability to the City. To the extent that a joint mitigation agreement is approved by the applicable school district(s), and OWNER is a participant in good standing in such mitigation agreement, OWNER shall be deemed to have mitigated its new school obligations under this Section 4.4.1.

4.6 Public Services Funding Fee.

4.6.1 Requirement for Payment of Public Services Funding Fee. In order to ensure that the adequate provision of public services, including without limitation, police, fire and other public safety services, are available to the residents of each Project in a timely manner, OWNER shall pay to CITY a “Public Services Funding Fee.” The Public Services Funding Fee shall apply to residential and nonresidential uses as set forth below.

4.6.2 Public Services Funding Fee Amount. OWNER shall pay a Public Services Funding fee in the total amount of Two Thousand Three Hundred Seventeen dollars ($2,317) per residential dwelling unit. The Public Services Funding Fee shall be paid in one (1) installment within one hundred eighty (180) calendar days after the effective date of the Development Agreement or in two (2) installments, at OWNER’s option, as follows:

4.6.2.1 First Installment (Residential uses). The First Installment of the Public Services Funding Fee shall be One Thousand One Hundred Fifty Eight dollars and Fifty cents ($1,158.50) per residential dwelling unit. The First Installment shall be based upon the “Maximum Development Density” of the OWNER Project, as defined in Section 3.7.2.3 of the First Amended 100
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and Restated Construction Agreement. The First Installment shall be due and payable 30 days following the Effective Date of this Agreement.

If the First installment amount is not paid for all residential dwelling units within the Project (based on the Maximum Development Density, or the number of units described on “B Maps” if approved) by January 1, 2023, the amount of the First Installment shall be increased. Such increase shall be based on the percentage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA) (December 2017=100) over the preceding year. Additionally, the amount shall be further increased automatically by the percentage increase in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA) (December 2017=100) on each January 1 thereafter.

4.6.2.2 Second Installment (Residential Uses). The Second Installment of the Public Services Funding Fee shall be One Thousand One Hundred Fifty Eight dollars and Fifty cents ($1,158.50) per residential unit. The Second Installment shall be paid at the time of the issuance of each building permit for the Project. The amount of the Second Installment shall increase automatically by percentage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA) (December 2017=100) over the preceding year on January 1st of each year, beginning on January 1, 2023. OWNER may exercise the option to pay the Second Installment amount for all residential units, a portion of the residential units, or for the remainder of the residential units within OWNER’s Project on or before each December 31st, before the Second Installment amount is automatically increased.

4.6.2.3 Single Installment (Non-residential Uses). A single installment payment of the Public Services Funding Fee shall be required in the amount of Seventy Cents ($.70) per square foot of non-residential buildings. The single installment for non-residential uses shall be due and payable prior to the issuance of the building permit for a non-residential building. The amount of the Single Installment for non-residential uses shall automatically increase by percentage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA), (December 2017=100) over the preceding year on January 1st of each year, beginning on January 1, 2023.

OWNER may exercise the option to pay any single installment amounts for the remainder of the non-residential square footage within the Project on or before December 31st, before the Single Installment amount is automatically increased.

4.7 Net MDD/Water Availability Equivalents.

4.7.1 Assigned Net MDD/Water Availability Equivalents. The City has agreed with NMC Builders LLC to reserve exclusively for Members of NMC Builders, including OWNER, Net MDD made available through the construction of water 101
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system improvements funded by NMC Builders LLC. NMC Builders has assigned to OWNER its allocable share of the Net MDD issued by City. The provisions of the Construction Agreement Amendment requires that the City shall not approval a final tract map or issue building permits or certificates of occupancy for the area of development within the New Model Colony served by the water system improvements funded by NMC Builders LLC, except to the bearer of an Assignment of Net MDD Water Availability.

4.7.2 Use of Assigned Net MDD Water Availability. OWNER shall provide evidence of sufficient Net MDD Water Availability Equivalents (or portions thereof) prior to and as a condition precedent to, the City’s approval of any and all tract maps for the Property. The amount of Net MDD Water Availability Equivalents required for City’s approval of a tract map shall be based upon water demand factors and assumptions listed in Exhibit C-2R of the Construction Agreement Amendment as “Water Demand Equivalents by Land Use” for each land use category.

4.7.3 Requirement for other Water System Improvements. A Certificate of Net MDD Availability is evidence only of available water capacity and does not satisfy any other conditions applicable to an OWNER’s Project, including those relating to design and construction of master-planned potable water and recycled water transmission and distribution system for the respective pressure zone and other public infrastructure requirements.

4.7.4 Effectiveness of Agreement. Notwithstanding anything set forth in this Agreement, CITY and OWNER each acknowledge, confirm, and agree that (i) the CITY approval of this Agreement and (ii) the effectiveness of this Agreement, in each case, are conditioned upon OWNER’s admission to NMC Builders as a “Member” (if not already a Member) thereof pursuant to the terms and conditions of the operating agreement of NMC Builders within 30 days following the Effective Date of this Agreement. OWNER’S failure to maintain membership in NMC Builders LLC is and shall be a Default under this Agreement.

4.8 Storm Water Capacity Availability.

4.8.1 Requirement for Storm Water Treatment Capacity Availability. OWNER shall provide evidence of sufficient Storm Water Treatment Capacity Availability as reserved in a Certificate of Storm Water Treatment Capacity Availability the same manner and subject to the same limitations as provided for the assignment of Certificates of Net MDD Availability in Section 4.6 of this Agreement.

4.8.2 Use of Storm Water Treatment Capacity Availability. The amount of Storm Water Treatment Capacity Availability required for the issuance of a grading permit to OWNER shall be based upon the Net Residential Acreage of the area to be graded regardless of the corresponding use.
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4.8.3 Requirement for other Storm Water Improvements. The Certificate of Storm Water Treatment Capacity Availability is evidence only of available storm water treatment capacity and does not satisfy any other conditions applicable to a particular development project, including those relating to on-site water treatment, water quality, connection to the storm water collection system, or other public infrastructure requirements.

4.9 Maintenance of Open Space. OWNER shall provide for the ongoing maintenance of all park, common areas and open space areas within the Project as more particularly set forth in the Specific Plan, through a homeowners’ association as approved by the CITY. Covenants, conditions and restrictions establishing any homeowners’ association shall be approved by the Planning Director and City Attorney.

4.10 Compliance with Public Benefits Requirements.

4.10.1 Failure to Provide Public Benefits. In the event OWNER fails or refuses to comply with any condition referenced in Section 4.1 through 4.9, or challenges (whether administratively or through legal proceedings) the imposition of such conditions, OWNER shall be deemed in default of this Agreement pursuant to Section 8.4 hereof, thereby entitling the City to any and all remedies available to it, including, without limitation, the right of the City to withhold OWNER’s Projectrelated building permits, certificates of occupancy, or discretionary approvals, without liability.

5. FINANCING OF PUBLIC IMPROVEMENTS.

5.1 Financing Mechanism(s). In accordance with the Memorandum of Agreement between the CITY and NMC Builders, CITY will cooperate with OWNER in the formation of a CFD, or CFDs, to include all of the Project, to provide a financing mechanism to reimburse the OWNER for funds paid to NMC Builders LLC for OWNER’s share of the costs of public infrastructure pursuant to the Construction Agreement and to acquire other public facilities constructed by OWNER subject to the provisions of the Memorandum of Agreement between CITY and NMC Builders LLC. Notwithstanding such reimbursements and acquisitions, OWNER shall remain entitled to DIF Credits as provided for in Article 3 of the Construction Agreement and/or as provided for in a separate Fee Credit Agreement between CITY and OWNER. OWNER agrees that, prior to the recordation of any Tract Map for the Property, the Property shall be included in a CFD to finance City services through annual special taxes that will initially be $1,560.77 per Single Family Detached Dwelling Unit, $1,352.65 per Multiple-Family Dwelling Unit, $1,134.14 per Gated Apartment Community Dwelling Unit, and $.29 per square foot for Non-Residential buildings as of the date of this agreement. These amounts shall be subject to an automatic increase at a rate not to exceed four (4%) percent per year unless otherwise modified by the City. Depending on the fiscal year that the CFD is formed and the CFD tax is levied, the annual special taxes may be higher. CITY shall be the sole and exclusive lead agency in the formation of any CFD, assessment district or other public financing mechanism within the Property; provided however, that the proceeds of any such CFD, assessment district, or financing mechanism may be used, subject to 103
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restrictions that may be imposed by applicable law, for the purposes of acquiring, constructing or maintaining public facilities to be owned or operated by other public agencies, including, without limitation those facilities owned or operated by a school district. In addition to the rights of the CITY pursuant to section 5.2 hereof, CITY shall have the right, but not the obligation, to condition the formation of any CFD, assessment district or other public financing mechanism within the Property on the OWNER mitigating all Project-related impacts to the applicable school district(s) as required by such school district(s). Written evidence by such school district(s) may be required by the CITY as the condition to the formation of any CFD, assessment district or other public financing mechanism within the Property, or any steps preliminary thereto, including, without limitation, the adoption of any resolution of intention to form such CFD, assessment district or other public financing mechanism within the Property. It is not the intent of the parties hereto, by this provision, to prohibit or otherwise limit the City’s ability to take any and all necessary steps requisite to the formation of the CFD to finance City services through annual special taxes as set forth in this Section 5.1. Formation of any CFD, assessment district or other public financing mechanism within the Property, shall be subject to CITY’s ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements including, without limitation, CITY’s public financing district policies as such policies may be amended from time to time.

Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.

6. REVIEW FOR COMPLIANCE.

6.1 Periodic and Special Reviews.

6.1.1 Time for and Initiation of Periodic Review. The CITY shall review this Agreement every twelve (12) months from the Effective Date in order to ascertain the good faith compliance by the OWNER with the terms of this Agreement. The OWNER shall submit an Annual Monitoring Report to CITY, in a form acceptable to the City Manager, along with any applicable processing charge within ten (10) days after each anniversary date of the Effective Date of this Agreement. Within fifteen (15) days after the receipt of the Annual Monitoring Report, CITY shall review the Annual Monitoring Report. Prior to the expiration of the fifteen (15) day review period, CITY shall either issue a notice of continuing compliance or a notice of non-compliance and a notice of CITY’s intent to conduct a Special Review pursuant to Sections 6.1.2 through 6.1.6. Issuance of a notice of continuing compliance may be issued by the City Manager or his designee.

6.1.2 Initiation of Special Review. A special review may be called either by agreement between the parties or by initiation in one or more of the following ways:
(1) Recommendation of the Planning staff;
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(2) Affirmative vote of at least four (4) members of the Planning Commission; or
(3) Affirmative vote of at least three (3) members of the City Council.

6.1.3 Notice of Special Review. The City Manager shall begin the special review proceeding by giving notice that the CITY intends to undertake a special review of this Agreement to the OWNER. Such notice shall be given at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission.

6.1.4 Public Hearing. The Planning Commission shall conduct a hearing at which the OWNER must demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue is upon the OWNER.

6.1.5 Findings Upon Public Hearing. The Planning Commission shall determine upon the basis of substantial evidence whether or not the OWNER has, for the period under review, complied in good faith with the terms and conditions of this Agreement.

6.1.6 Procedure Upon Findings.
(a) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period is concluded.
(b) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has not complied in good faith with the terms and conditions of this Agreement during the period under review, the Planning Commission may recommend to the City Council to modify or terminate this Agreement. (c) The OWNER may appeal a determination pursuant to
paragraph (b) to the City Council in accordance with the CITY's rule for consideration of appeals in zoning matters generally.

6.2 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.1.6(b), the CITY determines to proceed with modification or termination of this Agreement, the CITY shall give notice to the property OWNER of its intention so to do.

The notice shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not the CITY proposes to terminate or to modify this Agreement; and
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(c) Other information that the CITY considers necessary to inform the OWNER of the nature of the proceeding.

6.3 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the OWNER shall be given an opportunity to be heard. The OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the OWNER. If the City Council finds, based upon substantial evidence in the administrative record, that the OWNER has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate or modify this Agreement and impose those conditions to the action it takes as it considers necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

6.4 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.

7. [RESERVED]

8. DEFAULT AND REMEDIES.

8.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
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(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

8.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 8.1 above.
(b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.

8.3 Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.

8.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.3 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

8.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of 107
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this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

9. THIRD PARTY LITIGATION.

9.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, as such General Plan exists as of the Effective Date (“General Plan”), and that the General Plan meets all requirements of law.

OWNER has reviewed the General Plan and concurs with CITY’s determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

9.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

9.3 Indemnity. In addition to the provisions of 9.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

9.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, 108
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upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.

9.5 Reservation of Rights. With respect to Sections 9.2, 9.3 and 9.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor.

9.6 Survival. The provisions of this Sections 9.1 through 9.6, inclusive, shall survive the termination of this Agreement.

10. MORTGAGEE PROTECTION.

The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default 109
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to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.

11. MISCELLANEOUS PROVISIONS.

11.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the ten (10) days after the CITY executes this Agreement, as required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.

11.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

11.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

11.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of 110
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California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

11.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

11.6 Singular and Plural. As used herein, the singular of any word includes the plural.

11.7 Joint and Several Obligations. Subject to section 2.4, if at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.

11.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

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

11.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

11.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 111
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11.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

11.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

11.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

11.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.

11.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The City Manager may delegate his powers and duties under this Agreement to an Assistant City Manager or other management level employee of the CITY.

11.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

11.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, 112
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then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).

11.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates under this Section 11.20 prior to CITY’s issuance of such certificates.

11.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
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SIGNATURE PAGE

TO DEVELOPMENT AGREEMENT
FILE NO. PDA21-004
"OWNER"

LHC ONTARIO HOLDINGS, LLC,
a Delaware limited liability company
By: ________________________
Name: John Troutman
Its: Vice President
Date: ___________________
"CITY"

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
Date: ___________________
ATTEST:

City Clerk, Ontario
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
City Attorney
114
38 ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
COUNTY OF____________________ )
On _________________, 20_____, before me__________________________________, Date Insert Name and Title of the Officer
personally appeared ________________________________________________________ Name(s) of Signer(s)
________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature________________________________
Signature of Notary Public
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 115
39 ACKNOWLEDGEMENT

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

WITNESS my hand and official seal.

TO DEVELOPMENT AGREEMENT
Legal Description of Property
Real property in the City of Ontario, County of San Bernardino, State of California, described as follows:

THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10 IN TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN

BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPTING THEREFROM THE NORTH 604.00 FEET.

ALSO EXCEPTING THE EASTERLY 74.00 FEET AS CONVEYED TO THE CITY OF

ONTARIO, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 13, 2014 AS INSTRUMENT NO. 2014-0021126 OF OFFICIAL RECORDS.

APN: 0218-131-34-0-000
117
41 EXHIBIT "B"

TO DEVELOPMENT AGREEMENT
Map showing Property and its location
118
42 EXHIBIT "C"

TO DEVELOPMENT AGREEMENT
Existing Development Approvals
On March 25, 2006, the Planning Commission:
a) Issued Resolution No. PC06-020 recommending City Council adopt and certify the Countryside Specific Plan Environmental Impact Report (SCH #2004071001). b) Issued Resolution No. PC06-021 recommending City Council approval of the Countryside Specific Plan (PSP04-001).

On April 18, 2006, the City Council:
a) Issued Resolution No. 2006-013 certifying the Countryside Specific Plan Environmental Impact Report.

On May 2, 2006, the City Council:
a) Issued Ordinance No. 2828 approving the Countryside Specific Plan (PSP04-001). 119
43 EXHIBIT "D"

TO DEVELOPMENT AGREEMENT
Existing Land Use Regulations
These documents are listed for reference only:

1. Countryside Specific Plan (File No. PSP04-001), Ordinance No. 2828

2. Countryside Specific Plan Environmental Impact Report (SCH# 2004071001)

3. Countryside Specific Plan Amendment (PSPA19-001)

4. City of Ontario Municipal Code
a. Six – Sanitation & Health
b. Seven – Public Works
c. Eight – Building Regulations
d. Nine – Development Code
e. Ten – Parks & Recreation
120
44 EXHIBIT "E"

TO DEVELOPMENT AGREEMENT
Description of Required Infrastructure Improvements
OWNER shall design, construct, and complete the following Street, Sewer, Storm Drain, Potable Water, Recycled Water, and Fiber Optic improvements, prior to OWNER’s request for building permits for Production Units.

STREETS (ST)
a) Full width street improvements on “A” Street, Kinglet Avenue, and Dolomite Street. b) Half width street improvements on the west side of Archibald Avenue, from north of “A” Street to south of the Cucamonga Creek Channel.

SEWER (SW)
a) SW improvements along “A” Street, Kinglet Avenue, and Dolomite Street.

STORM DRAIN (SD)
b) SD improvements along “A” Street, Kinglet Avenue, and Dolomite Street.

POTABLE WATER (PT)
a) PT improvements along “A” Street, Kinglet Avenue, and Dolomite Street.

RECYCLED WATER (RW)
a) RW improvements along “A” Street, Kinglet Avenue, and Dolomite Street.

FIBER OPTIC (FO)
a) FO improvements along “A” Street, Kinglet Avenue, Dolomite Street, and Archibald Avenue.
121
45 EXHIBIT "F"

TO DEVELOPMENT AGREEMENT
Depiction of Required Infrastructure Improvements

SEE ATTACHED
122
46 123
47 EXHIBIT "G"

TO DEVELOPMENT AGREEMENT
Form of Plume Disclosure Letter
124
Department: Human Resources
Prepared By: Jeannette F Chavez
Staff Member Presenting:

Angela C. Lopez, Executive Director Human
Resources
Approved By:

CLASSIFICATION AND COMPENSATION STUDY FOR THE ONTARIO MUNICIPAL

UTILITIES COMPANY AND THE INTEGRATED WASTE DEPARTMENT

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager to award the Professional Services Agreement (on file with the Records Management Department) to Koff & Associates, a division of Gallagher Benefit Services Inc., of Berkeley, California, for the Classification and Compensation Study for the Ontario Municipal Utility Company (OMUC) and the Integrated Waste Department in the amount of $123,420, plus 15% ($18,513) contingency for a total authorized expenditure not to exceed $141,933.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: Consistent with the terms of the Professional Services Agreement, the proposed cost is $123,420. It is also recommended to include a contingency of 15% ($18,513) to cover additional work that may be needed, such as desk audits, in-person meetings, and presentations with City staff. Adequate funding has been budgeted in the Fiscal Year 2021/22 Operating Budget with appropriations from Water, Sewer, and Integrated Waste Operating Funds.

BACKGROUND & ANALYSIS: In 2000, the City conducted a total compensation study that was completed in 2003 to assist the City in evaluating the competitiveness of its benefit and compensation practices. The study evaluated salaries and benefits such as retirement programs, health insurance, and leave accruals provided to employees in relation to the regional labor market.

The results of the study assisted the City in establishing compensation and related benefits for several classifications- including classifications assigned to OMUC and the Integrated Waste Department. Utilizing a similar approach, Staff has conducted informal compensation studies since 2003 for several classifications. However, in an effort to continue to assess the competitiveness of the specialized classifications found in OMUC and Integrated Waste, the Human Resources/Risk 125
Management Agency solicited proposals in June 2021. The scope of the work would include: a review of the current job descriptions and compensation system to ensure internal equity and external competitiveness; a comprehensive survey of external regional labor market cities impacting the Ontario area job market, inclusive of a review of certain salary and benefit programs; a review of the City’s historical practices and recommended survey agencies.

The study will also include a presentation of findings and recommendations to further assist the City in evaluating the competitiveness of these specialized classifications in order to continue to recruit and retain a well-qualified and high performing workforce.

The two proposals received were each evaluated based on the firms response to the solicited bid and their understanding of the project, including but not limited to its experience in conducting similar studies for agencies with specialized classifications such as water, sewer and integrated waste.

The firms are listed below:

FIRM LOCATION BID AMOUNT
Koff & Associates Berkely, California $123,420
CPS HR Consulting Inc. Sacramento, California $231,485
Both firms were qualified to complete the project; however, based on the overall cost including experience in conducting similar studies for similar specialized classifications, including the flexibility and customization to meet the City’s needs, Staff determined Koff & Associates was the most qualified to conduct the study at this time.

Koff and Associates was founded in 1984 and has been assisting cities, counties, special districts and other public agencies with their human resources needs for 37 years. The firm’s areas of focus are classification and compensation studies and the key personnel assigned to the project have managed numerous classification and compensation studies, including providing such services to agencies providing water, recycled water, sewer, waste collection and/or recycling services.

In 2016, Koff & Associates conducted a total compensation study for the Ontario International Airport and has conducted other compensation studies for agencies in the local geographic area in which the City of Ontario was included as a comparator agency. For these studies, Koff & Associates conducted extensive research and reviewed the City’s classification and compensation structure to ensure accuracy of comparability between their client and Ontario which will further assist the City in this study.
126
Department: Investments & Revenue Resources
Prepared By: Nicole Phillips
Staff Member Presenting:

Armen Harkalyan, Executive Director of Finance
Reviewed By: Cruz Torres, Armen Harkalyan
Approved By:

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council consider and adopt an ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 56 (Parkside/La Avenida).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The use of Mello-Roos financing for facilities in the residential development of the Parkside/La Avenida project is estimated to generate approximately $18.4 million in bond proceeds to be used to fund a portion of the public infrastructure improvements that will serve the project, and approximately $748,034 per year, at build-out, to fund municipal services. Mello-Roos bonds are not a direct obligation of the City and are paid from special taxes levied on each taxable parcel in the district; therefore, there is no General Fund impact from the issuance of Mello Roos bonds.

City Council approval will be required in future years to process annual special tax levies.

BACKGROUND & ANALYSIS: The Mello-Roos Community Facilities Act of 1982 provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts (CFDs) for the purpose of levying special taxes to fund governmental services and to finance various kinds of public infrastructure facilities.

At a public hearing conducted by the City Council on December 21, 2021, the City Council adopted resolutions that established Community Facilities District No. 56 (Parkside/La Avenida); authorized the levy of a special tax within the Community Facilities District; called an election within the Community Facilities District on the proposition of incurring indebtedness, levying a special tax within the Community Facilities District; and establishing an appropriations limit for the Community 127
Facilities District. On that date, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act. Adoption of the ordinance authorizing the levy of special taxes within the Community Facilities District will conclude the formation process for City of Ontario Community Facilities District No. 56 (Parkside/La Avenida).

The Parkside/La Avenida project addresses the development of approximately 50.84 gross acres located: Zone 1-Woodside Homes south of Schaefer Avenue, generally east of Archibald Avenue, west of Turner Avenue, and north of La Avenida Drive; Zone 2-New Home Company generally south of Edison Avenue, east of Cucamonga Creek Channel, west of Archibald Avenue, and north of Eucalyptus Avenue; Zone 3- PA27/Lennar Homes south of Merrill Avenue, generally west of Haven Avenue, generally east of Archibald Avenue, and north of the County Line Channel. The development is projected to include 482 units at build-out, zone 1-106 detached-condo units, zone 2-303 detached-condo units and zone 3-52 detached-condo units, and 21 attached units. 128
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF
ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA).

WHEREAS, on November 16, 2021, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District, Proposed to be Named City of Ontario Community Facilities District No. 56 (Parkside/La Avenida), and to Authorize the Levy of Special Taxes” stating its intention to establish City of Ontario Community Facilities District No. 56 (Parkside/La Avenida) (the “Community Facilities District”) and to finance certain public facilities (the “Facilities”) and services (the “Services”); and
WHEREAS, on December 21, 2021, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; and WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of the City of Ontario Community Facilities District No. 56 (Parkside/La Avenida), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District” (the “Resolution of Formation”), “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary to Incur Bonded Indebtedness within the City of Ontario Community Facilities District No. 56 (Parkside/La Avenida)” and “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 56 (Parkside/La Avenida)”, which resolutions established the Community Facilities District, authorized the levy of a special tax within the Community Facilities District and called an election within the Community Facilities District on the proposition of incurring indebtedness, levying a special tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District, respectively; and WHEREAS, on December 21, 2021, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act.

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

SECTION 1. The City Council hereby authorizes and levies special taxes within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method of Apportionment”). The special taxes are hereby levied commencing in fiscal year 2022-23 and in each fiscal year thereafter until the last fiscal year in which such special taxes are authorized to be levied pursuant to the Rate and Method of Apportionment.
129
SECTION 2. The City Council may, in accordance with subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the special tax in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the special tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method of Apportionment.

SECTION 3. The special tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method of Apportionment.

SECTION 4. The proceeds of the special tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and Services and incidental expenses pursuant to the Act.

SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another procedure is adopted by the City Council.

SECTION 6. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the Community Facilities District shall not be affected.

SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

The City Clerk of the City of Ontario shall certify as to the adoption of this Ordinance.

PASSED, APPROVED, AND ADOPTED this 18th day of January 2022. _____________________________________
PAUL S. LEON, MAYOR
130
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
131

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3199 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 21, 2021 and adopted at the regular meeting held January 18, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3199 duly passed and adopted by the Ontario City Council at their regular meeting held January 18, 2022 and that Summaries of the Ordinance were published on December 28, 2021 and January 25, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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Department: Financial Services
Prepared By: Cecilia House
Staff Member Presenting:

Armen Harkalyan, Executive Director of Finance
Reviewed By: Armen Harkalyan
Approved By:

CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA.

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council consider and adopt an ordinance to amend Chapter 31 to title 5 of Volume 1 to the Ontario Municipal Code relating to sidewalk vending.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: At this time there is no fiscal impact to the General Fund. Sidewalk vendors will pay a permit fee of $60.00 in lieu of paying for a business license. This fee is comparable to what sidewalk vendors were paying for a business license.

BACKGROUND & ANALYSIS: At the Council meeting conducted on December 18, 2021, the City Council adopted a Resolution to amend the Citywide Fee schedule for the Sidewalk Vendor Permit Fee. Adoption of the ordinance amending Chapter 31 to title 5 of Volume 1 to the Ontario Municipal Code relating to sidewalk vending helps the City in two main areas. First, by incentivizing sidewalk vendors by increasing the potential life of a validly issued sidewalk vending permit from up to one year, to up to two years. Secondly, the proposed Ordinance contains various language clean up items that can assist City staff in (1) processing applications, (2) specifying how, when, and by whom permits may be revoked, (3) clarifying regulations of sidewalk vending in parks, and (4) adding penalties for those persons vending without any City permit to do so. 133
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 31 TO TITLE 5 OF VOLUME I TO

THE ONTARIO MUNICIPAL CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA.

WHEREAS, the City of Ontario (“City”) desires to incentivize sidewalk vendors operating within City limits to become, and to remain, permitted sidewalk vendors by increasing the term of a sidewalk vending permit; and
WHEREAS, the City desires to clarify various areas in its sidewalk vending chapter regarding (1) processing applications, (2) specifying how, when, and by whom permits may be revoked, and (3) regulations of sidewalk vending in parks; and WHEREAS, the City desires to add additional penalties for those persons vending without any City permit to do so, which is permitted under the state legislation Senate Bill 946.

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

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

SECTION 2. Section 5-31.03 of the Ontario Municipal Code is hereby amended, in part, as follows:
“Section 5-31.03. Permit Required.
(c) …
(1) The full name, current mailing address and phone number of the applicant;
(3) If the vendor is an agent of an individual, company, partnership, or corporation, the name and address of the employer and the name and address of any local or State office or manager, together with credentials establishing the exact relationship;
(e) A permit may be denied and/or revoked by the “Executive Director of Finance or their designee” on the following grounds:
(5) The applicant has failed to pay the application permit fee. (i) All applications for permits under the provisions of this chapter shall be accompanied by an application fee as may be set from time to time by the City Council. 134
No application fee paid under this chapter shall be refunded. All original permits and renewals granted under this chapter shall also require a fee as may be set from time to time by the City Council. All permits issued under the provisions of this chapter shall be valid for up to two (2) years depending on the City’s internal administrative processing schedule. A permit may be renewed by the timely payment of a renewal fee prior to the expiration of the permit as may be set from time to time by the City Council. All permits shall cease and terminate thirty (30) days after the default of payment. Any permit that has terminated pursuant to this chapter shall require the filing of a new application for a permit under this chapter. Such fees shall be established by resolution of the City Council. (k) Any person aggrieved by the determination of the “Executive Director of Finance or their designee” to deny the issuance of a permit or to suspend or revoke a permit may appeal such decision to the City Manager or their designee. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the decision to deny, or suspend, or revoke a permit final. The City Manager or their designee shall set a time and place for a hearing on the appeal within ten (10) days of the filing of the appeal. The determination of the City Manager or their designee following the hearing shall be in writing and shall be sent to the permit holder. The decision of the City Manager or their designee shall be final and conclusive.”
SECTION 3. Subsection (a) of Section 5-31.05 of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“Sec. 5-31.05. Sidewalk vending in parks.
(a) Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise.” SECTION 4. Section 5-31.07 of the Ontario Municipal Code is hereby amended to state, in full, as follows:
(a) It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. Pursuant to California Government Code Section 51039, a violation of this chapter shall be punished by:
(1) An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(2) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation. (3) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation. (b) A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (a), set forth above, be punished by:
135
(1) An administrative fine not exceeding two hundred fifty ($250) dollars for a first violation.
(2) An administrative not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation. (3) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation. (c) If an individual is subject to subsection (b), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (a), respectively. (d) The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the treasury of the City.
(e) Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shall not be assessed.
(f) Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law. (g) When assessing an administrative fine pursuant to this chapter, the adjudicator shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(1) If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this chapter. (2) The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer alternative disposition.
(h) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
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(i) Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.” SECTION 5. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

SECTION 6. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 7. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).

SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 18th day of January 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
137
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
138

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3201 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 21, 2021 and adopted at the regular meeting held January 18, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3201 duly passed and adopted by the Ontario City Council at their regular meeting held January 18, 2022 and that Summaries of the Ordinance were published on December 28, 2021 and January 25, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
139
Department: Information Technology
Prepared By: Jose Andrade
Staff Member Presenting:

Colin Fernandes, Executive Director Information
Technology
Approved By:

AGREEMENT FOR UPGRADING THE CITYVIEW CODE ENFORCEMENT SYSTEM

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager (or his designee) to negotiate and execute a Contractual Services Agreement, Statement of Work, and License Agreement (on file in the Records Management Department) in the amount of $129,092.00 with N. Harris Computer Corporation, to upgrade the City View Code Enforcement system and maintain the software for a three-year term.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: The total citywide CityView Code Enforcement System upgrade cost, including implementation, training, and installation will total $129,092 over three (3) years. Funding for year one (1), totaling $106,200, is included in the Fiscal Year 2021-22 First Quarter Budget Update. The cost for year one (1) is made up of $70,225 for CityView Workspace upgrade, $14,175 for an interface with our new financial system (Workday), and $21,800 for an interface with our new central cashiering system (Teller). Funding for year (2), in the amount of $11,167, and year (3), in the amount of $11,725, will be secured as part of the IT Annual Operating budget process.

BACKGROUND & ANALYSIS: The Community Improvement Department is currently using CityView software as the central case management software. CityView was originally purchased in 2001 and upgraded incrementally over the past 20 years. The proposed upgrade to CityView will increase the efficiency and effectiveness of Department staff by modernizing the software user interface and simplifying key administrative tasks. The upgrade also introduces the ability to create locationbased reports and searches, which will lead to more timely intelligence to better address priority issues and areas of concern.

The majority of Community Improvement Officers workday is spent conducting inspections relating to rental housing, abandoned and distressed buildings, vacant lot and weed abatement, and general code enforcement activity. Officers have averaged 10,126 inspections per year over the past 140
5 years. The proposed upgrade to CityView Mobile will increase officer effectiveness by allowing them to access real-time case information, manage inspections, generate forms and notices, and attach photographs to case files from mobile devices such as cell phones and iPad tablets. The upgrade will increase the amount of time staff spends in the community and reduce the time and costs associated with unnecessarily driving to and from the office.

The upgrade will also include interfaces to our new financial and cashiering systems, which will allow for timely updates to our financial data based on transactions in CityView.

Final contract approval will be contingent upon successful submittal and approval of all required supporting documents.
141
Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting:

Colin Fernandes, Executive Director Information
Technology
Approved By:

MANAGEMENT SYSTEM FOR PUBLIC WORKS AND ONTARIO MUNICIPAL

UTILITIES COMPANY

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager to execute a three (3) year agreement (on file in the Records Management Department) with Azteca Systems, LLC, of Sandy, Utah, to renew and extend the use of the Cityworks work order and asset management system used by Public Works and Ontario Municipal Utilities Company (OMUC) in the amount of $317,341, including an amount of $104,040 for the first year and $106,120 and $107,181 for the optional second and third years.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: The term of the subscription agreement will be for one (1) year with an optional renewal period for two (2) years. Annual software licensing will be $104,040 for year one and $106,120 and $107,181 for years two and three respectively. Appropriation for this item has been included in the FY 2021-22 Adopted Budget. Subscription licensing for Cityworks will be included annually in the Information Technology Agency's budget.

BACKGROUND & ANALYSIS: The Public Works Agency has been using the Cityworks Work Order Management System (WOMS) since 2020 to manage the service orders submitted by residents through the MyOntario app. It allows the Public Works staff to manage and track all service orders from initiation to completion. OMUC also uses the Cityworks system to manage asset inventory for meters and valves, and it has been in use since 2003.
142
Department: Management Services
Prepared By: Darlene M Sanchez
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

TO TOW SERVICES AND REGULATIONS

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt an ordinance amending Chapter 19 of Title 4 of Volume I to the Ontario Municipal Code, relating to tow services and regulations.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT: There is no direct fiscal impact.

BACKGROUND & ANALYSIS: On December 21, 2021, Staff and the City Attorney recommended revisions (Exhibit A) to modernize the tow ordinance and to allow for flexibility that may be required as a result of growth in the City.

The City’s rotational tow regulations, codified at Chapter 19 of Title 4 of the Ontario Municipal Code, were first adopted in 2004 and were amended once in 2015. Since the original adoption and subsequent amendment, the City has experienced significant growth in population due to new residential development, along with the development and redevelopment of major commercial and industrial areas of the City.

To account for such growth and to ensure the adequate and safe provision of tow services as outlined in Chapter 19, staff recommends a further amendment to the Code. This amendment will provide the City with limited flexibility and full discretion to approve tow yard sites both within the City limits and up to five (5) miles outside the City limits under limited circumstances. If approved by the City Council, this amendment will vest in a committee of three specified individuals the discretion to approve extraterritorial locations where City-sponsored or initiated economic development activity results in the displacement of an existing tow yard within the City.

Staff recommends approval for adoption of the attached Ordinance and will be available to answer questions or provide further information as the Council may desire. 143

EXHIBIT A
Modifications to Section 4-19.06
Added language appears in italics.

Removed language appears in strikethrough.

Sec. 4-19.06 Towing carrier’s obligations; minimum requirements for facilities.

To be eligible to provide towing services to the City and its Police Department, the towing carrier must meet the following minimum requirements with respect to its facilities:
(a) Location of storage facility. The proposed towing storage lot shall be located within the City of Ontario city limits to ensure adequate response times and limit the City's costs and administrative burdens of having Police Department personnel conduct investigations at distant storage lots unless the towing carrier is granted an exemption from this requirement by a committee consisting of the City Manager, the Chief of Police, and __________. The decision to award an exemption shall be within the sole discretion of the committee.
(b) Storage facility requirements. Adequate security measures for the protection of vehicles and property shall be provided for all storage facilities. The Chief of Police or his or her designee shall be the sole judge of what constitutes "adequate" security measures and may grant additional consideration for state of the art security measures, including, but not limited to, security cameras and motion sensors. At a minimum, all storage facilities shall comply with the following requirements:
(1) All storage facilities shall be enclosed by a wall or fence at least six (6) feet in height. Alternatively, storage facilities may consist of enclosed buildings.
(2) Storage lot that can hold a minimum of one hundred fifty (150) vehicles. (3) The storage facility and lot shall be configured in such a way that no vehicles shall be left parked or stored on the public streets at any time. The business must provide off-street parking for its equipment and be able to accommodate at least two (2) additional vehicles for customer parking. In addition to the two (2) customer parking spaces, at least one (1) additional customer parking space shall be provided for handicapped parking purposes. Said handicapped parking space shall be van accessible.

Storage vehicles should be secured away from customer parking and the office area. The towing carrier's office located in the City must have a sign posted including the company name, address, phone number and hours of operation, to be clearly visible from the roadway.
(4) The proposed storage facility shall contain an enclosed building or enclosed storage facility that holds a minimum of two (2) vehicles, to be used exclusively in situations where the Police Department orders an impound because probable cause exists to believe that the vehicle was 144
involved in the commission of a crime or for other reasons that require evidentiary analysis of the vehicle (the "designated impound space"). (i) The designated impound space shall be completely protected from the elements, including wind, heat, adverse weather and other forms of contamination (i.e., dust).
(ii) The designated impound space must be able to be secured and unauthorized entry must be prevented. At a minimum, there should be a door or gate that can be locked and secured from employees and visitors.
(iii) The designated impound space must be at least thirty (30) feet by forty (40) feet.
(iv) The designated impound space must be lit with a minimum of two 50-watt, overhead lamps, or similar lamps that provide equal or greater light.
(v) The designated impound space area must be accessible to Police Department personnel twenty-four (24) hours a day, seven (7) days a week.
(vi) The designated impound space must be reasonably clean and clear of dirt, animal waste, oil, and the like.
(vii) The designated impound space must be protected by an alarm system to prevent unauthorized entry. The alarm system shall be monitored by an off-site monitoring company. The alarm code for the alarm system shall be provided to Police Department personnel at all times and shall be changed by the towing carrier only upon receiving authorization from the Chief of Police or at his or her direction. The towing carrier shall not provide the alarm code to any person unless authorized to do so by the Chief of Police. (c) All proposed storage facilities must be approved for security by the Traffic Division Sergeant or designated representative, and available for inspection upon request. Any breach of security in a building or fence must be repaired within twenty-four (24) hours.
(d) All necessary vehicle storage facilities needed to meet the minimum requirements of this section shall be constructed prior to the submittal of a response to the request for qualifications issued by the Purchasing Division. Proposed facilities shall not be awarded credit. All necessary approvals for such storage facilities shall comply with the applicable provisions of the Ontario Municipal Code, or appropriate county and/or City codes. Compliance with this subsection shall not be deemed to create any duty for the City to award a permit to the towing carrier.”
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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4-19.06 OF THE CITY OF ONTARIO MUNICIPAL CODE

RELATED TO TOWING REGULATIONS AND THE ROTATIONAL TOW
PROGRAM.

WHEREAS, the City of Ontario maintains a rotational tow program to govern the provision of non-consensual towing services to the City’s Police Department, consistent with state and federal laws, as well as the public health, safety and welfare; and WHEREAS, the City of Ontario pursuant to Title 4, Chapter 19 of the Ontario Municipal Code, has the authority to establish towing regulations to govern the rotational tow program; and
WHEREAS, the City of Ontario currently requires all towing carriers that participate in the rotational tow program to have their towing storage lot located within the City of Ontario city limits to ensure adequate response times and limit the City of Ontario’s costs and administrative burdens of having Police Department personnel conduct investigations at distant storage lots; and
WHEREAS, the City of Ontario now recognizes that allowing, at its discretion, tow carriers whose yards have been displaced due to City-sponsored or City-initiated economic development activity to maintain their tow storage lot outside of the City of Ontario city limits will not negatively impact response times or result in increased costs or administrative burdens for the City of Ontario; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO ORDAINS AS FOLLOWS:

SECTION 1. Section 4-19.06 is amended as follows:
“To be eligible to provide towing services to the City and its Police Department, the towing carrier must meet the following minimum requirements with respect to its facilities:
(a) Location of storage facility. The proposed towing storage lot shall be located within the City of Ontario city limits, or within five (5) miles thereof upon approval as described in subsection (e) below, to ensure adequate response times and limit the City's costs and administrative burdens of having Police Department personnel conduct investigations at distant storage lots.
(b) Storage facility requirements. Adequate security measures for the protection of vehicles and property shall be provided for all storage facilities. The Chief of Police or his or her designee shall be the sole judge of what constitutes "adequate" security measures and may grant additional consideration for state of the art security measures, including, but not limited to, security cameras and motion sensors. At a minimum, all storage facilities shall comply with the following requirements:
146
(1) All storage facilities shall be enclosed by a wall or fence at least six (6) feet in height. Alternatively, storage facilities may consist of enclosed buildings. (2) Storage lot that can hold a minimum of one hundred fifty (150) vehicles.
(3) The storage facility and lot shall be configured in such a way that no vehicles shall be left parked or stored on the public streets at any time. The business must provide off-street parking for its equipment and be able to accommodate at least two (2) additional vehicles for customer parking. In addition to the two (2) customer parking spaces, at least one (1) additional customer parking space shall be provided for handicapped parking purposes. Said handicapped parking space shall be van accessible.

Storage vehicles should be secured away from customer parking and the office area. The towing carrier's office located in the City must have a sign posted including the company name, address, phone number and hours of operation, to be clearly visible from the roadway.
(4) The proposed storage facility shall contain an enclosed building or enclosed storage facility that holds a minimum of two (2) vehicles, to be used exclusively in situations where the Police Department orders an impound because probable cause exists to believe that the vehicle was involved in the commission of a crime or for other reasons that require evidentiary analysis of the vehicle (the "designated impound space"). (i) The designated impound space shall be completely protected from the elements, including wind, heat, adverse weather and other forms of contamination (i.e., dust).
(ii) The designated impound space must be able to be secured and unauthorized entry must be prevented. At a minimum, there should be a door or gate that can be locked and secured from employees and visitors.
(iii) The designated impound space must be at least thirty (30) feet by forty (40) feet.
(iv) The designated impound space must be lit with a minimum of two 50-watt, overhead lamps, or similar lamps that provide equal or greater light. (v) The designated impound space area must be accessible to Police Department personnel twenty-four (24) hours a day, seven (7) days a week. (vi) The designated impound space must be reasonably clean and clear of dirt, animal waste, oil, and the like.
(vii) The designated impound space must be protected by an alarm system to prevent unauthorized entry. The alarm system shall be monitored by an off-site monitoring company. The alarm code for the alarm system shall be provided to Police Department personnel at all times and shall be changed by the towing carrier only upon receiving authorization from the Chief of Police or at his or her direction. The towing carrier shall not provide the alarm code to any person unless authorized to do so by the Chief of Police.
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(c) All proposed storage facilities must be approved for security by the Traffic Division Sergeant or designated representative, and available for inspection upon request. Any breach of security in a building or fence must be repaired within twenty-four (24) hours.
(d) All necessary vehicle storage facilities needed to meet the minimum requirements of this section shall be constructed prior to the submittal of a response to the request for qualifications issued by the Purchasing Division. Proposed facilities shall not be awarded credit. All necessary approvals for such storage facilities shall comply with the applicable provisions of the Ontario Municipal Code, or appropriate county and/or City codes. Compliance with this subsection shall not be deemed to create any duty for the City to award a permit to the towing carrier.”
(e) In the event that City-sponsored or City-initiated economic development activity results in the displacement of an existing tow yard within the City, the tow operator whose location has been displaced may apply to the City in writing for relief from the inCity locational requirement. A committee consisting of the City Manager, the Chief of Police and the Executive Director of the Public Works Agency, or their designees, shall consider the application and decide within 30 days whether to allow extra-territorial siting.

The decision of the committee shall be final and non-appealable.

SECTION 2. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this Ordinance are declared to be severable.

The City Council and the electorate by referendum, do hereby declare that they would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional.

SECTION 3. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 18th day of January 2022. _____________________________________
PAUL S. LEON, MAYOR
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ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3202 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 21, 2021 and adopted at the regular meeting held January 18, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3202 duly passed and adopted by the Ontario City Council at their regular meeting held January 18, 2022 and that Summaries of the Ordinance were published on December 28, 2021 and January 25, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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Department: Planning
Prepared By: Robert Morales
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT: A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A ZONE CHANGE (FILE NO. PZC21- 001) AMENDING THE ZONING DESIGNATION ON 2.77 ACRES OF LAND FROM IL (LIGHT INDUSTRIAL) TO IG (GENERAL INDUSTRIAL), LOCATED AT 1948 SOUTH BON VIEW AVENUE; APN:1050-441-05.

CITY OF ONTARIO
Agenda Report
January 18, 2022
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council consider the following:

A. A Resolution approving the use of an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140); and
B. The introduction and waiving of further reading of an ordinance approving a Zone Change (File No. PZC21-001) amending the zoning designation on 2.77 acres of land located at 1948 South Bon View Avenue, from IL (Light Industrial) to IG (General Industrial).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT: The proposed Zone Change will facilitate the development of a 174,603-squarefoot industrial building, resulting in increased on-going property tax revenues for the City, and the one-time payment to the City of plan check fees and development impact fees.

BACKGROUND & ANALYSIS: The Applicant, Bon View Land 10, LLC & BV Investments 10, LLC, initiated a Zone Change on approximately 2.77 acres of land located at 1948 South Bon View Avenue, from IL (Light Industrial) to IG (General Industrial). The subject site comprises a portion of a larger 7.47-acre Project site on which three other application types have been submitted that are essential to the proposed industrial development, which includes:

A Development Plan (File No. PDEV21-030) for the construction of a 174,603-square-foot warehouse/distribution building;
A Certificate of Appropriateness (File No. PHP21-015) to allow for the demolition of a Tier III 151
historic resource (a 1,008 square-foot Craftsman single-family structure) that exists on the subject site; and
A Lot Line Adjustment (File No. E202100860) consolidating three lots, that comprise the Project site, into a single lot. Additionally, the recorded condominium plan over a portion of the Project site will be quitclaimed prior to the issuance of a building permit to construct the proposed Project.

The proposed Zone Change will serve to promote the orderly development of the subject site through lot consolidation of the two adjacent parcels that comprise the Project site, making the site physically suitable for the anticipated future industrial development and related land uses. The adjoining parcel to the south of the subject site will remain within the IL (Light Industrial) zoning district to serve as a buffer between the residential properties to the south, across Cedar Street, and the more intense industrial uses permitted to the north.

On December 20, 2021, Planning Commission conducted a public hearing to consider the proposed Zone Change, concluded the hearing on that date, and voted unanimously (6-0) to adopt Resolution No. PC21-091, recommending that the City Council approve the Zone Change. On the same date, the Planning/Historic Preservation Commission approved the development project proposed by the Applicant, including a Certificate of Appropriateness (File No. PHP21-015) and a Development Plan (File No. PDEV21-030), subject to the approval of the proposed Zone Change by the City Council.

ENVIRONMENTAL REVIEW: The environmental impacts of this Project were analyzed in an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140), certified by the City Council on January 27, 2010. This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of Project approval, as applicable.
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Case Planner: Robert Morales, Assistant Planner Hearing Body Date Decision Action Planning Director
Approval:

DAB 12/20/21 Approval Recommend
PC 12/20/21 Final
Submittal Date: 12/6/2021 CC
FILE NOS.: PZC21-001, PHP21-015, and PDEV21-030
SUBJECT: A Zone Change (File No. PZC21-001) from IL (Light Industrial) to IG (General Industrial) for 2.77 acres of land; a Certificate of Appropriateness (File No. PHP21-015) to facilitate the demolition of an existing Tier III historic eligible structure (1914 Craftsman Single-Family Residence) to accommodate a proposed industrial development; and a Development Plan (File No. PDEV21-030) to construct a 174,603-square-foot industrial building on 7.47 acres of land located on the west side of Bon View Avenue, 132 feet north of Cedar Street, within the IG (General Industrial) zoning district; (APNs: 1050-441-05, 1050-441-09, 1050-441-11, 1050-441-12, 1050-441-13, 1050-441-14, 1050-441-15, 1050-441- 16, 1050-441-17, 1050-441-18, 1050-441-19, 1050-441-20, 1050-441-21, 1050-441-22, 1050- 441-23, 1050-441-24, 1050-441-25, 1050-441-26, 1050-441-27, 1050-441-28, 1050-441-29, 1050-441-30, 1050-441-31, 1050-441-32, 1050-441-33, 1050-441-34, 1050-441-35, 1050-441- 36, 1050-441-37, 1050-441-38, 1050-441-39, 1050-441-40, 1050-441-41, 1050-441-42, 1050- 441-43, 1050-441-44, 1050-441-45, 1050-441-46, 1050-441-47, 1050-441-48, 1050-441-49, 1050-441-50, 1050-441-51, 1050-441-52, 1050-441-53, 1050-441-54, 1050-441-55, 1050-441- 56, 1050-441-57, 1050-441-58, 1050-441-59, 1050-441-60, 1050-441-61, 1050-441-62, and 1050-441-73) submitted by Bon View Land 10, LLC & BV Investments 10, LLC.

PROPERTY OWNER: BON VIEW LAND 10, LLC & BV INVESTMENTS 10, LLC.

RECOMMENDED ACTION: That the Planning/Historic Preservation Commission take the following actions:
(1) Consider and adopt a resolution recommending the City Council approve the use of an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140);
(2) Consider and adopt a resolution recommending the City Council approve the Zone Change, File No. PZC-21-001, pursuant to the facts and reasons contained in the staff report and attached resolution;
(3) Consider and adopt a resolution approving the Certificate of Appropriateness, File No. PHP21-015, pursuant to the facts and reasons contained in the staff report and attached resolution; and
303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

STAFF REPORT
December 20, 2021
153
Planning Commission Staff Report
File Nos.: PZC21-001, PHP21-015, and PDEV21-030
December 20, 2021

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Ontario City CouncilJanuary 18, 2022

Ontario City Council
January 18, 2022