Agenda packet — Ontario City Council, November 15, 2022 (part 1 of 2)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
NOVEMBER 15, 2022
City Hall
303 East B Street, Ontario, CA 91764

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.

Anyone wishing to speak in person during public comment or on a particular item will be required to ﬁll out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. 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.

Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

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.

Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

ACCOMODATIONS

If you need special assistance or accommodations to participate in this meeting, please contact CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 the City Clerk's oﬃce at 909-395-2009. Notiﬁcation of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS

The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at
6:30 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. (EQUIPMENT FOR THE HEARING IMPAIRED

AVAILABLE IN THE RECORDS MANAGEMENT OFFICE)

CALL TO ORDER
(OPEN SESSION)

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

PLEDGE OF ALLEGIANCE
Council Member Valencia

INVOCATION
Heather Freeman, Church of Jesus Christ of Latter-Day Saints 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.

To comment by email, submit your comments by email 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. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

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 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

1. APPROVAL OF MINUTES

ATTACHMENT:

20221018 Minutes - (Not Official Until Approved)

2. BILLS & PAYROLL

3. A PROFESSIONAL SERVICE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR

THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE EUCLID MIXED USE SPECIFIC PLAN (FILE NO. PSP22-001)

4. NAME THE CHILDREN'S ROOM AT OVITT FAMILY COMMUNITY LIBRARY TO THE BEVERLY

CLEARY YOUNG READERS ROOM

5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20016, LOCATED AT THE NORTHEAST CORNER OF EUCLID

AVENUE AND MERRILL AVENUE
necessary recommendations regarding Agenda modiﬁcations or announcements regarding Agenda items to be considered.

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.

Minutes for the regular meetings of the City Council and Housing Authority of October 18, 2022, and approving same as on file in the Records Management Department.

Bills October 14, 2022 through October 27, 2022, and Payroll October 9, 2022 through October 22, 2022 when audited by the Finance Committee.

That the City Council approve and authorize the City Manager to execute an Agreement (on ﬁle with the Records Management Department) with Kimley-Horn and Associates, Inc., of Riverside, California, to prepare an Environmental Impact Report (EIR) for the Euclid Mixed Use Speciﬁc Plan, in the amount of $396,805, plus a 5% contingency of $19,840, for a total authorized expenditure of $416,645; and authorize the City Manager to approve any future budget adjustments necessary to complete the EIR.

That the City Council approve naming the children's room at Ovitt Family Community Library, the Beverly Cleary Young Readers Room.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

ATTACHMENT:

20221115 Parcel Map 20016^01 EXH A

ATTACHMENT:

20221115 Parcel Map 20016^02 RESO^RM

6. REJECT ALL BIDS AND AUTHORIZE RE-BIDDING OF THE ONTARIO POLICE DEPARTMENT

LOCKER ROOM AND GYM EXPANSION PROJECT

7. FISCAL YEAR 2022-23 FIRST QUARTER BUDGET UPDATE REPORT

ATTACHMENT:

FY 2022-23 First Quarter Budget Update Report_EXHIBIT A.pdf

8. A DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF21-006) BETWEEN THE CITY OF ONTARIO AND DPIF3 CA 36 ONTARIO RANCH LLC., FOR FACILITY CONSTRUCTION ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO. PDEV22-001), LOCATED AT THE

NORTHWEST CORNER OF HAMNER AVENUE AND ONTARIO RANCH ROAD, WITHIN PLANNING AREA 7A (LIGHT INDUSTRIAL) LAND USE DISTRICT OF THE RICH HAVEN

SPECIFIC PLAN

9. A PROFESSIONAL SERVICES AGREEMENT WITH DANKEN, INC. FOR ON-CALL STRUCTURAL

INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES

That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20016, located at the northeast corner of Euclid Avenue and Merrill Avenue within the Ontario Ranch Business Park Specific Plan area.

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

APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20016 LOCATED AT THE NORTHEAST CORNER OF EUCLID AVENUE AND MERRILL AVENUE.

That the City Council reject all bids received for Bid No. 1558, D&C 20-019 for the Ontario Police Department Locker Room and Gym Expansion project and authorize the City Manager or his designee to solicit new bids for this project.

That the City Council approve the budget adjustments and recommendations as presented in the Fiscal Year 2022-23 First Quarter Budget Update Report.

That the City Council approve the Development Impact Fee Credit Agreement (File No. PDIF21- 006) between the City of Ontario and DPIF3 CA 36 Ontario Ranch LLC., for facility construction associated with a Development Plan (File No. PDEV22-001), located at the northwest corner of Hamner Avenue and Ontario Ranch Road, within Planning Area 7A (Light Industrial) land use district of the Rich Haven Speciﬁc Plan, and authorize the City Manager to execute the Agreement.

That the City Council approve and authorize the City Manager or designee to execute a ﬁve- year Professional Services Agreement (on ﬁle in the Records Management Department) with Danken, of Ladera Ranch, California, to provide On-Call Structural Inspection and Construction Management Services for a not-to-exceed amount of $1,600,000.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

10. A GOODS AND SERVICES AGREEMENT FOR FURNITURE DESIGN FOR THE BUILT ON WATER

EXHIBIT

11. TWO AMENDMENTS FOR THE EQUIPPING OF WELL NO. 43 PROJECT

12. A PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR ON-CALL STRUCTURAL

PLAN CHECKING SERVICES

13. DEMOLITION OF THE BUILDINGS AND DEBRIS LOCATED ON THE PROPERTY FOR THE GRAND PARK PHASE 1
That the City Council authorize the City Manager or designee to execute a Goods and Services Agreement with K2 Design and Fabrication of Norco, California for furniture for the Built on Water exhibit at the Ontario Museum of History and Art, for a total not to exceed amount of $269,563.

That the City Council take the following actions:

A
.

Approve and authorize the City Manager, or designee to execute Amendment No. 3 to the Professional Services Agreement (on ﬁle in the Records Management Department) with AKM Consulting Engineers Inc. of Irvine, California, for a total not-to-exceed amount of $39,908 for construction management and inspection services and a term from November 15, 2022 to September 30, 2023.

B
.

Approve and authorize the City Manager, or designee to execute Amendment No. 4 to the Maintenance Service Agreement (on ﬁle in the Records Management Department) with Bay Alarm Company of Ontario, California, for a total not-to-exceed amount of $25,271 for security system installation and a term from November 15, 2022 to June 30, 2025.

That the City Council approve and authorize the City Manager or designee to execute a ﬁve- year Professional Services Agreement (on ﬁle in the Records Management Department) with 4Leaf, of Newport Beach, California, to provide On-Call Structural Plan Checking Services for a not-to-exceed amount of $300,000.

That the City Council take the following actions:

A
.

Reject Interior Demolition Earthwise Demo JV’s bid for D&C21-005 – Grand Park Demolition as nonresponsive. Interior Demolition failed to submit a hard copy of the bid bond by the submittal date;
B
.

Authorize the City Manager or his designee to complete and execute Construction Contract No. D&C21-005 - Grand Park Phase 1 Demolition with Resource Environmental, Inc. of Cerritos, California for the demolition and debris removal in the Grand Park in the amount of $4,703,540;
C
.

Authorize a 15% contingency of $705,531 to address any unforeseen issues that may arise during the demolition; and
D
.

Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

14. A CONSTRUCTION CONTRACT, A PROFESSIONAL SERVICES AGREEMENT AND TWO AMENDMENTS FOR THE ONTARIO RANCH PHASE 2 WATER MAIN IMPROVEMENTS

PROJECT

ATTACHMENT:

Exhibit A Water Main Improvement Project.pdf

15. AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT FOR LAUREL AVENUE,

SULTANA AVENUE, AND NOCTA STREET SEWER MAIN IMPROVEMENTS

ATTACHMENT:

Exhibit A - Laurel Avenue Sewer Main Improvements

ATTACHMENT:

Exhibit B - Sultana Avenue Sewer Main Improvements

ATTACHMENT:

Exhibit C - Nocta Street Sewer Main Improvements
assessments, easements, reduction of retention accounts, and ﬁling a notice of completion at the conclusion of all construction related activities.

That the City Council take the following actions:

A
.

Approve the plans and speciﬁcations and award Contract No. UT 1050 (on ﬁle in the Records Management Department) to Norstar Plumbing and Engineering, Inc. of Alta Loma, California, for the construction of the Ontario Ranch Phase 2 Water Main Improvements, in the amount of $9,906,053 plus a 10% contingency of $990,605, for a total not-to-exceed amount of $10,896,658, a term of 260 calendar days after issuance of notice to proceed, and authorize the City Manager, or his designee, 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, or his designee, to execute a Professional Services Agreement (on ﬁle in the Records Management Department) with GeoTek, Inc. of Las Vegas, Nevada, for a total not-to-exceed amount of $160,918 and a term of 260 calendar days after issuance of notice to proceed for geotechnical and material testing services.

C
.

Approve and authorize the City Manager, or his designee, to execute Amendment No. 13 to the Professional Services Agreement (on ﬁle in the Records Management Department) with Infrastructure Engineering Corporation (IEC), of Irvine, California, for a total not-to- exceed amount of $93,401 for construction engineering services and a term of 260 calendar days after issuance of notice to proceed for geotechnical and material testing services.

D
.

Approve and authorize the City Manager, or his designee, to execute Amendment No. 8 to the Professional Services Agreement (on ﬁle in the Records Management Department) with Wallace and Associates Consulting, Inc. of Murrieta, California, for a total not-to- exceed amount of $235,013 for construction management services and a term of 260 calendar days.

That the City Council approve and authorize the City Manager to execute Amendment No. 14 to the On-Call Design Services Agreement (on ﬁle in the Records Management Department) with Infrastructure Engineering Corporation of Irvine, California, for Laurel Avenue Sewer Main Improvements, UT 1069 Sultana Avenue Sewer Main Improvements, and Nocta Street Sewer Main Improvements, in the amount not-to-exceed $372,026.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

16. AN ORDINANCE ADOPTING A MAP FOR THE DISTRICT-BASED ELECTIONS UNDER THE

CALIFORNIA VOTING RIGHTS ACT

ATTACHMENT:

Ordinance Changing to By-District Election^01^RM.doc

17. A PUBLIC HEARING TO CONSIDER A MILLS ACT CONTRACT (PRESERVATION AGREEMENT), FILE NO. PHP22-011, FOR A DESIGNATED HISTORIC PROPERTY

ATTACHMENT:

20221115 File No. PHP22-011^02 PC Back-up.pdf

ATTACHMENT:

20221115 File No. PHP22-011^03 RESO^RM

ATTACHMENT:

20221115 File No. PHP22-011^04 Contract.docx

18. A PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING THE DESIGNATION OF THE MAURICE JOHNSON HOUSE, LOCATED AT 409 NORTH SAN ANTONIO AVENUE, AS A LOCAL

HISTORIC LANDMARK
That the City Council adopt an Ordinance adding

a new article 3 to title 2 of volume 1 of the
Ontario Municipal Code to change the city’s electoral system from at-large to by-district elections.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW ARTICLE 3 TO TITLE 2 OF VOLUME 1 OF THE ONTARIO MUNICIPAL CODE TO CHANGE THE CITY’S ELECTORAL SYSTEM FROM AT-LARGE TO BY-

DISTRICT ELECTIONS WITH RESPECT TO ELECTING CITY COUNCIL MEMBERS AND

MAINTAINING AN ELECTIVE MAYOR, ESTABLISHING DISTRICT BOUNDARIES,

SCHEDULING ELECTIONS WITHIN THE DISTRICTS, AND MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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 and adopt a resolution approving and authorizing the City Manager or designee to enter into a Mills Act contract (Preservation Agreement), for the designated historic property
located at 119 East Princeton Street (APN: 1047-531-31), Rafael Marquez and Jacqueline Gonzalez.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP22-011, AND AUTHORIZING THE CITY OF ONTARIO TO

ENTER INTO A HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT

CONTRACT) WITH RAFAEL MARQUEZ AND JACQUELINE GONZALEZ, FOR THE PROPERTY LOCATED AT 119 EAST PRINCETON STREET (APN: 1047-531-31).

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

20221115 File No. PHP21-016^01 PC Backup.pdf

ATTACHMENT:

20221115 File No. PHP21-016^02 RESO^RM

19. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT (FILE NO. PDA22-001) BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC., TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20529 (FILE NO.

PMTT22-010), AN 11.11-ACRE PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF TWINKLE AVENUE, APPROXIMATELY 350 FEET SOUTH OF FUTURE CHINO AVENUE, WITHIN PLANNING AREAS 4A, 4B, AND 4C (RESIDENTIAL - SFD/ATTACHED) LAND USE DISTRICTS OF THE RICH HAVEN SPECIFIC PLAN (APN: 0218-161-14).

ATTACHMENT:

20221115 File No. PDA22-001 BrookCal Ontario LLC^01 EXH A & B

ATTACHMENT:

20221115 File No. PDA22-001 BrookCal Ontario LLC^02 PC Backup.pdf

ATTACHMENT:

20221115 File No. PDA22-001 BrookCal Ontario LLC^03 ORD^RM

ATTACHMENT:

20221115 File No. PDA22-001 BrookCal Ontario LLC^04 AGMT

20. A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE APPROVING THE 2021 INTERNATIONAL FIRE CODE AND THE 2022 CALIFORNIA BUILDING AND FIRE CODES

ADOPTED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION IN THE CALIFORNIA

CODE OF REGULATIONS
That the City Council adopt a resolution approving File No. PHP21-016, designating 409 North San Antonio (APN: 1048-314-11) as Local Historic Landmark No. 100.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP21-016, THE DESIGNATION OF THE MAURICE JOHNSON HOUSE, LOCATED AT 409 NORTH SAN ANTONIO AVENUE, AS A LOCAL HISTORIC LANDMARK AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1048-314-11.

That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA22-001) between the City of Ontario and BrookCal Ontario LLC., to establish the terms and conditions associated with Tentative Tract Map 20529 (File No. PMTT22-010), an 11.11-acre property generally located on the east side of Twinkle Avenue, approximately 350 feet south of future Chino Avenue, within Planning Areas 4A, 4B, and 4C (Residential - SFD/Attached) land use district of the Rich Haven Specific Plan.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA22-001, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP NO. 20529 (FILE NO. PMTT22-010), AN 11.11 ACRE PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF TWINKLE AVENUE APPROXIMATELY 350 FEET SOUTH OF FUTURE CHINO AVENUE, WITHIN PLANNING AREAS 4A, 4B, AND 4C (RESIDENTIAL –

SFD/ATTACHED) LAND USE DISTRICTS OF THE RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0218-161-14.

That the City Council introduce and waive further reading of:

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

ATTACHMENT:

20221115 FIRE CODE ADOPTION^01-ORD^RM

ATTACHMENT:

20221115-BUILDING CODE ADOPTION^02-ORD^RM.

21. RESOLUTIONS OF NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE

INTERESTS IN CERTAIN REAL PROPERTIES LOCATED ON EAST HOLT BOULEVARD, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 1048-481-27; 1048-481-07; 1048- 481-28; AND 1048-481-29

A
.

An Ordinance amending Chapter 4, Title 4 of the Ontario Municipal Code entitled "Fire Code" adopting by reference, with certain amendments, additions, deletions, and exceptions, the 2021 International Fire Code and the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9); and
B
.

An O
rdinance amending Chapters 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, and 14 of Title 8 of the Ontario Municipal Code to adopt the California Building Standards Code by reference, with certain amendments, additions, and deletions.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE; ADOPTING

BY REFERENCE WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS, AND CHANGES THERETO, THE 2022 CALIFORNIA FIRE CODE AND THE 2021

INTERNATIONAL FIRE CODE, PROVIDING FOR THE RECOVERY OF COSTS AND COLLECTION OF FEES; AND REPEALING ORDINANCE NO. 3062 OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTERS 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, AND 14 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCORPORATING THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 1997 CALIFORNIA HOUSING CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 HISTORIC BUILDING CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, AND THE 2022 CALIFORNIA REFERENCED STANDARDS, TOGETHER WITH CERTAIN AMENDMENTS THERETO.

That the City Council conduct a public hearing and adopt Resolutions of Necessity declaring that the acquisition of fee interests in certain real properties located on East Holt Boulevard, more particularly described as Assessor Parcel Nos. 1048-481-27; 1048-481-07; 1048-481-28; and 1048-481-29, is necessary for the construction of affordable housing.

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

CALIFORNIA, FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN

CERTAIN REAL PROPERTY LOCATED ON EAST HOLT BOULEVARD, MORE PARTICULARLY DEFINED AS ASSESSOR PARCEL NO. 1048-481-27.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

ATTACHMENT:

Staff Report Ex 1^01.pdf

ATTACHMENT:

Resolution Patel ^02 RESO^RM.docx

ATTACHMENT:

Resolution Patel Ex A^03.pdf

ATTACHMENT:

Resolution Jimenez ^04 RESO^RM.docx

ATTACHMENT:

Resolution Jimenez Ex A^05.pdf

ATTACHMENT:

Resolution Harb ^06 RESO^RM.docx

ATTACHMENT:

Resolution Harb Ex A^07.pdf

ATTACHMENT:

Resolution Dali III^08 RESO^RM.docx

ATTACHMENT:

Resolution Dali III Ex A^09.pdf

22. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 55 (PARKLANE) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11 MILLION AND RELATED MATTERS

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

CALIFORNIA, FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN

CERTAIN REAL PROPERTY LOCATED ON EAST HOLT BOULEVARD, MORE PARTICULARLY DEFINED AS ASSESSOR PARCEL NO. 1048-481-07.

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

CALIFORNIA, FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN

CERTAIN REAL PROPERTY LOCATED ON EAST HOLT BOULEVARD, MORE PARTICULARLY DEFINED AS ASSESSOR PARCEL NO. 1048-481-28.

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

CALIFORNIA, FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN

CERTAIN REAL PROPERTY LOCATED ON EAST HOLT BOULEVARD, MORE PARTICULARLY DEFINED AS ASSESSOR PARCEL NO. 1048-481-29.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council consider and adopt a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 55 (Parklane) Special Tax Bonds, Series 2022.

A
.

Authorize the issuance of special tax bonds for public improvements required to facilitate the development of the Parklane 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 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, 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, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

ATTACHMENT:

CFD No. 55 Parklane^01 Authorizing Issuance of Bonds RESO^RM

23. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA22-001) BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC., TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20529 (FILE NO.

ATTACHMENT:

20221115 File No. PDA22-001 BrookCal Ontario LLC^01 EXH A & B

ATTACHMENT:

20221115 File No. PDA22-001 BrookCal Ontario LLC^03 ORD^RM

ATTACHMENT:

20221115 File No. PDA22-001 BrookCal Ontario LLC^04 AGMT

AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 55 (PARKLANE) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $11,000,000.00
, AUTHORIZING THE

EXECUTION AND DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT,

AND A CONTINUING DISCLOSURE AGREEMENT, AUTHORIZING THE DISTRIBUTION

OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH AND AUTHORIZING THE

EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.

That the City Council consider and adopt an Ordinance approving a Development Agreement (File No. PDA22-001) between the City of Ontario and BrookCal Ontario LLC., to establish the terms and conditions associated with Tentative Tract Map 20529 (File No. PMTT22-010), an

11.11-acre property generally located on the east side of Twinkle Avenue, approximately 350 feet south of future Chino Avenue, within Planning Areas 4A, 4B, and 4C (Residential - SFD/Attached) land use district of the Rich Haven Specific Plan.

SFD/ATTACHED) LAND USE DISTRICTS OF THE RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0218-161-14.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11 Mayor Leon
Mayor pro Tem Wapner
Council Member Bowman
Council Member Dorst-Porada
Council Member Valencia

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12

ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
OCTOBER 18, 2022
(Not Official Until Approved)

(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, October 18, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER

Mayor Leon called the joint meetings to order at 6:00 p.m.

ROLL CALL

PRESENT: Mayor/Chairman Paul S. Leon
Council/Authority Members: Jim W. Bowman, Debra Dorst -Porada and Ruben Valencia

ABSENT: Mayor pro Tem/Vice Chair: Alan D. Wapner

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 Sessions 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 6:03 p.m. for discussion of the following:

• GC 54956.9 (d)(4), CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION: One Case

CALL TO ORDER – OPEN SESSION

Mayor Leon called the meetings to order at 6:31 p.m.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Bowman.

INVOCATION

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The invocation was led by Dr. Sylvia Lee Mann, Bethel Congregational Church.

PUBLIC COMMENTS

There were 29 emailed comments:

Elizabeth Garcia, regarding safe routes to schools.

Nancy Suarez, regarding public nuisance.

Lauren Columbi, regarding public nuisance.

Nakita Porter, regarding new location for Pop Warner practice.

Sergio Velasquez, regarding new location for Pop Warner practice.

Stanley Musheerah, regarding new location for Pop Warner practice.

Denise Romero, regarding new location for Pop Warner practice.

Jessica Franco, regarding new location for Pop Warner practice.

Halim Alvarez, regarding new location for Pop Warner practice.

Daniel Romero, regarding new location for Pop Warner practice.

Veronica Campos, regarding new location for Pop Warner practice.

Raul Franco., regarding new location for Pop Warner practice.

Stephanie Reina, regarding new location for Pop Warner practice.

Aracely Licona, regarding new location for Pop Warner practice.

Ann Kellie, regarding new location for Pop Warner practice.

Jesus Christ Loves You, regarding new location for Pop Warner practice.

Cori Mendoza, regarding new location for Pop Warner practice.

Letty Carlos, regarding new location for Pop Warner practice.

Alexandra Vicente, regarding new location for Pop Warner practice.

Wendy Alcala, regarding new location for Pop Warner practice.

Jess Monique, regarding new location for Pop Warner practice.

Jacqueline Martinez, regarding new location for Pop Warner practice.

Adriana Quezada, regarding new location for Pop Warner practice.

Jesse Villanueva, regarding new location for Pop Warner practice.

Steven Garcia, regarding new location for Pop Warner practice.

Amanda Banuelos, regarding new location for Pop Warner practice.

Veronica Mireles, regarding Pop Warner.

Vanissa Eltiste, regarding new location for Pop Warner practice.

Silvia Ochoa, regarding new location for Pop Warner practice.

Mayor Leon called on the first speaker:

Danny Delfin, spoke on policing and safety issues.

Margarita Georgieva, spoke on traffic lights at Bon View Elementary School and semi - truck traffic.

Clara Cortez , spoke on traffic light s at Bon View Elementary School (Bon View and Philadelphia and Bon View and Spruce) and semi-truck traffic.

Levi Macedo, spoke on safety concerns at City parks.

Cassandra Sanchez, spoke on the Jesus Sanchez homicide case. 14 Ontario City Council/Ontario Housing
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Maria Romualdo, spoke on the Jesus Sanchez homicide case.

Randy Bekendam, spoke in opposition of warehouse construction.

Nayda Bahena, on behalf of A ssemblymember Freddy Rodriguez , announced the 6th annual Women’s Health Fair.

Nancy Suarez, spoke on misuse of City resources.

Lauren, spoke on misuse of City recourses.

Alicia Hedrick, spoke on misuse of City resources.

Richard Hedrick, spoke on misuse of City resources.

Mayor Leon stated he wanted a full report on the issue.

Chris Robles, spoke on the districting process.

Mayor Leon recessed the meeting at 7:19 p.m. and reconvened at 7:30 p.m.

REPORT ON CLOSED SESSION

City Attorney Duran stated there was no reportable action.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa announced an update of the exhibit to the Resolution for placement of special assessments on the S an Bernardino County tax rolls , indicating a sum of $14,341.50 was collected since the agenda was posted for a new total of $53,497.49.

CONSENT CALENDAR

ITEMS PULLED FROM CONSENT: Council Member Dorst -Porada pulled Item No. 11 for a separate vote.

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by vote 4-0, with Mayor pro Tem Wapner absent, to approve the Consent Calendar with exception of item no. 11.

1. APPROVAL OF MINUTES

Minutes for the regular meetings of the City Council and Housing Authority of September 6, 2022 and September 20, 2022, and approving same as on file in the Records Management Department.

15 Ontario City Council/Ontario Housing
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2. BILLS & PAYROLL

Bills from September 3 , 2022 through September 29 , 2022 in the amount of $31,621,375.82 and Payroll from August 28, 2022 through September 24 , 2022 in the amount of $8,439,924.15 when audited by the Finance Committee.

3. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS

The City Council adopt ed 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.

RESOLUTION NO. 2022 -142 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.

4. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR

VIDEO PRODUCTION SERVICES

The City Council authorized the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Windsong Productions, LLC. increasing the not-to-exceed amount by $518,312 to $753,312 for the three-year contract term.

5. A PROFESSIONAL SERVICES AGREEMENT WITH RDC -S11, INC. F OR

LANDSCAPE, ARCHITECTURE, AND URBAN DESIGN CONSULTING

SERVICES

The City Council authorized the City Manager to execute a Professional Services Agreement with RDC-S111, Inc. (a.k.a Studio 111), of Long Beach, California, in the amount of $241,762, for the Planned Unit Development and Mitigated Negative Declaration of West Euclid Avenue in Downtown Ontario.

6. DOWNTOWN ONTARIO RETAIL POP-UP PROGRAM

The City Council (“City”) considered and:

A. Approved the adoption of the Downtown Ontario Retail Pop-Up Program; B. Authorized the City Manager to make any necessary adjustments and execute all necessary documents to implement the Program.

RESOLUTION NO. 2022 -126 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING A DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND D 16 Ontario City Council/Ontario Housing
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STREET TOWNHOME APARTMENTS, LLC, WITH RESPECT TO
APPROXIMATELY 0.737 ACRES OF LAND LOCATED AT 120 WEST D STREET AND 420 NORTH LAUREL AVENUE (APNS: 1048-354-12 AND 1048-354-13).

7. A CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL SYSTEMS AT

CAMPUS AVENUE AT FRANCIS STREET AND CAMPUS AVENUE AT WALNUT STREET

The City Council awarded a construction contract with KDC Inc. of Los Alamitos, California, for the construction of traffic signal systems at Campus Avenue at Francis Street and Campus Avenue at Walnut Street (Project) in the amount of $1,367,397 and authorize the City Manager, or his designee, to execute said contract and all related documents, and file a notice of completion at the conclusion of construction activities.

8. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH M JACK

BROOKS, JD FOR FINANCIAL CONSULTING SERVICES

The City Council authorized the City Manager to execute Amendment No. 6 adding $120,000 to the Professional Services Agreement with M Jack Brooks, JD, of Costa Mesa, California, for the provision of financial consulting services, for a revised contract authority of a not-to-exceed amount of $945,000 and term extension to June 30, 2023.

9. ESTABLISHING A BANK ACCOUNT FOR THE ONTARIO HOUSING

AUTHORITY

The City Council ("City") and the Board of the Ontario Housing Authority ("Authority") authorized the establishment of a bank account with the City's current operating bank. The bank account will be in the name of the Ontario Housing Authority.

10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COLLABORATIVE SOLUTIONS, LLC.

The City Council authorized the City Manager to execute an Amendment to the Professional Services Agreement with Collaborative Solutions, LLC., of Reston, Virginia, to include additional consulting services to incorporate Workday Financials On-Demand Services Support in the amount of $118,800 plus a 10% contingency of $11,880, for a revised not-to-exceed the amount of $3,978,587.

12. AUTHORIZE THE PURCHASE OF MOBILE HOME STRUCTURE FOR INTERIM FIRE STATION 11

The City Council authorize d the sole source purchase and delivery of one mobile home structure for the Fire Department in the amount of $208,042 from Wholesale Manufactured Homes, California. This structure will be used as sleeping quarters for Interim Fire Station 11.
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13. A CONSTRUCTION CONTRACT AND A GOODS & SERVICES AGREEMENT

FOR OMUC, PARKS AND MAINTENANCE, AND INTEGRATED WASTE OFFICE

IMPROVEMENTS

The City Council took the following actions:

A. Authorized the City Manager or his designee to execute Construction Contract No. D&C20-028 with M. Brey Electric, Inc. of Beaumont, California, for the Ontario Municipal Utilities Company (OMUC), Parks and Maintenance, and Integrated Waste Office Improvements Project in the amount of $420,000; B. Authorized a 10% contingency of $42,000 to address any unforeseen issues that arise during construction;
C. Authorized the City Manager or his designee to execute a Goods and Services Agreement with Kirksey & Co. of Irvine, California, for OMUC, Parks and Maintenance, and Integrated Waste Oﬃce Improvements Project for the Furniture, Fixtures, and Equipment (FF&E), consistent with the terms and conditions of the cooperative purchasing contract with Omnia #R191804 in the amount of $369,583; 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, easem ents, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

14. A CONSTRUCTION CONTRACT AND TWO AMENDMENTS FOR THE

PRESSURE REDUCING STATION REHABILITATION PROJECT

The City Council took the following actions:

A. Approved the plans and specifications and awarded Contract No. UT 1041 to Innovative Construction Solutions Inc. of Costa Mesa, California, for the Pressure Reducing Station Project in the amount of $1,708,000 plus a 10% contingency of $170,800, for a total not -to-exceed amount of $1,878,800, a term of 180 calendar days after issuance of notice to proceed and authorized the City Manager, or his designee to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.

B. Approved and authorized the City Manager, or designee to execute Amendment No. 2 to the Professional Services Agreement (on file in the Records Management Department) with AKM Consulting Engineers Inc. of Irvine, California, for a total not -to-exceed amount of $129,088 for construction engineering services and a term from October 4, 2022 to September 30, 2023.

C. Approved and authorized the City Manager, or designee to execute Amendment No. 8 to the Professional Services Agreement (on file in the Records Management Department) with Kleinfelder Inc. of Ontario, California, 18 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 18, 2022

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for a total not -to-exceed amount of $106,640 for construction management services and a term from October 4, 2022 to May 6, 2023.

15. APPLICATION FOR THE US DEPARTMENT OF JUSTICE FISCAL YEAR 2022

COMMUNITY ORIENTED POLICING SERVICES HIRING PROGRAM GRANT

The City Council authorized the City Manager or his designee to execute all documents necessary to apply for and accept a grant award in the amount of $1,250,000 from the US Department of Justice Office of Community Oriented Policing Services (COPS) to participate in the Fiscal Year (FY) 2022 Office Hiring Program (CHP) Grant.

16. FIFTH AMENDMENT TO THE CONSOLIDATED PLAN ANNUAL ACTION PLAN FOR THE 2019-20 PROGRAM YEAR

The City Council approved the Fifth Amendment to the Consolidated Plan Annual Action Plan for the Program Year 2019- 20 (“Substantial Amendment”) and authorized the City Manager to take all actions necessary to implement the Substantial Amendment.

ITEM PULLED

11. AN ORDINANCE APPROVING FILE NO. PZC 19-001, A ZONE CHANGE AT 1063

EAST ELMA STREET

The City Council considered and adopted an Ordinance approving File No. PZC19- 001, a Zone Change amending the zoning designation on 0.07- acres of land from MDR-11 (Low-Medium Density Residential - 5.11 to 11.0 du/ac) to MDR-18 (Medium Density Residential - 11.1 to 18.0 du/ac), for property located at 1063 East Elma Street.

ORDINANCE NO. 3223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC19 -001, A ZONE CHANGE AMENDING THE ZONING DESIGNATION ON 0.07 -ACRE OF LAND FROM MDR-11 (LOW-MEDIUM DENSITY RESIDENTIAL – 5.1 TO 11.0 DU/AC) TO MDR-18 (MEDIUM DENSITY RESIDENTIAL – 11.1 TO 18.0 DU/AC) TO ENABLE THE RESIDENTIAL DEVELOPMENT OF A 0.28 -ACRE PROJECT SITE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1048-491-23.

Council Member Dorst-Porada expressed her opposition.

MOTION: Moved by Council Member Bowman, seconded by Mayor Leon, motion failed by vote of 2-2, with Mayor pro Tem Wapner absent and Council Member Dorst -Porada and Council Member Valencia opposed.

City Council directed staff to bring the item back for reconsideration.

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PUBLIC HEARINGS

17. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ONTARIO RANCH BUSINESS PARK SPECIFIC PLAN (FILE NO. PSPA21 -002) AND THE

RELATED SUBSEQUENT FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2019050018)

The City Council considered and adopted:

A. A Resolution certifying the Subsequent Environmental Impact Report (State Clearinghouse No. 2019050018) prepared for the Ontario Ranch Business Park Specific Plan Amendment, File No. PSPA21- 002, which includes the adoption of a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; and
B. A Resolution adopting an Amendment to the Ontario Ranch Business Park Specific Plan (File No. PSPA21-002)

RESOLUTION NO. 2022 -143 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING ENVIRONMENTAL FINDINGS

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND

CERTIFYING THE ONTARIO RANCH BUSINESS PARK SPECIFIC PLAN

AMENDMENT FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2019050018), AND ADOPTING FINDINGS OF

OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND

REPORTING PROGRAM, LOCATED WITHIN ONTARIO RANCH AND

GENERALLY BORDERED BY EUCALYPTUS AVENUE TO THE NORTH,

CAMPUS AVENUE TO THE EAST, MERRILL AVENUE TO THE SOUTH, AND

SULTANA AVENUE TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 1054-041-01, 1054-041-02; 1054-031-01, 1054-031-02; 1054- 261-01, 1054-261-02; 1054-291-01 AND 1054-291-02.

RESOLUTION NO. 2022 -144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA21 -002, AN

AMENDMENT TO THE ONTARIO RANCH BUSINESS PARK SPECIFIC PLAN,

INCORPORATING PROPERTY ADJACENT TO THE EXISTING SPECIFIC PLAN

AREA AND ESTABLISHING THE LAND USE DESIGNATIONS, DEVELOPMENT

STANDARDS, AND GUIDELINES WHICH WILL GOVERN THE DEVELOPMENT OF 71.69 ACRES OF LAND GENERALLY BORDERED BY CAMPUS, SULTANA,

MERRILL, AND EUCALYPTUS AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1054 -041-01, 1054- 041-02, 1054- 031-01, 1054- 031-02, 1054-261-01, 1054-261-02, 1054-291-01, AND 1054-291-02.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were two written communications from Susan Phillips in opposition and Mitchell M. Tsai in support.

Mayor Leon opened the public hearing.
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Public Comments:

Claudia Prats, spoke in opposition.

Irvin Santos, spoke in support.

Randy Bekendam, spoke in opposition.

Andres Bujanda, Jr. spoke in support.

Mike Madrid, spoke in support.

Angel Esparza, spoke in support.

Louie Lopez, spoke in support.

Frankie Jimenez, spoke in support.

Wyatt Stiles, spoke in support.

Jorge Soria, spoke in support.

City Attorney Duran provided background on the written communication in opposition.

Mayor Leon asked if there were additional requests to speak.

Margarita Georgieva Hernandez, spoke in opposition.

Hearing no other speakers, Mayor Leon closed the public hearing and opened the item for Council discussion.

After discussion, Council agreed to move the item forward.

MOTION: Moved by Council Member Dorst -Porada, seconded by Council Member Bowman and carried by vote 3 -1, with Mayor pro Tem Wapner absent, to adopt Resolution Nos. 2022-143 and 2022-144, with Council Member Valenica opposed.

STAFF MATTERS

City Manager Ochao made no announcements.

COUNCIL MATTERS

Council Member Dorst-Porada thanked residents for their comments. Asked for Council concurrence to adjourn in memory of former Library Commissioner George Albert Newberry.

Council Member Bowman thanked residents for their comments.

Council Member Valencia thanked residents for expressing concerns and spoke on school traffic concerns.

Mayor Leon spoke on community events in the City of Ontario and encouraged additional social media postings to bring added awareness to the Jesus Sanchez homicide case.

ADJOURNMENT
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Mayor Leon adjourned the meetings of the Joint Agencies at 8:27 p.m. in memory of George Albert Newberry and announced the next regular meeting to be held on Tuesday, November 1, 2022.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

______________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
22 Department: Planning
Prepared By: Rudy Zeledon
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT:

A PROFESSIONAL SERVICE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE EUCLID MIXED USE SPECIFIC PLAN (FILE NO. PSP22-001)

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The EIR contract is a “pass-thru” to be paid by the project Applicant. A budget adjustment for the $416,645 in development revenue and corresponding expenditure appropriations will be included in the next quarterly budget update report to the City Council.

BACKGROUND & ANALYSIS:

On January 27, 2010, the City adopted The Ontario Plan (TOP) and certiﬁed the accompanying EIR. Subsequently, on August 16, 2022, the City Council adopted an update to TOP and certiﬁcation of a Supplemental Environmental Impact Report (SEIR). TOP Policy Plan serves as the City’s General Plan. The project site is zoned SP/AG (Speciﬁc Plan/Agriculture Preserve). The zoning of “SP” requires the project area to be developed with a speciﬁc plan to carry out the goals and policies of TOP.

RCCD INC., (Applicant), is proposing the Euclid Mixed Use Speciﬁc Plan to govern the development of approximately 81.4 acres of land for residential, commercial and business park development. In addition, the Speciﬁc Plan will establish the land use designations, development standards, design guidelines and infrastructure improvements that will govern the development the Speciﬁc Plan 23 area. The Speciﬁc Plan site is generally located east of Euclid Avenue, south of Schaefer Avenue, west of Sultana Avenue and north of Edison Avenue.

In order to thoroughly address the environmental impacts associated with the proposed speciﬁc plan, a project Environmental Impact Report (EIR) is required. The City of Ontario Planning Department is responsible for selecting the consultant to prepare the EIR. A Request for Proposal (RFP) to prepare an EIR for the Euclid Mixed Use Speciﬁc Plan was posted on City’s bidding site (PlanetBids). The City received 5 proposals from qualiﬁed ﬁrms. The selection committee unanimously recommended Kimley-Horn and Associates, Inc., to prepare the EIR for the Euclid Mixed Use Speciﬁc Plan, based on their experience, qualiﬁcations and proposal that best addressed and fully responded to the work scope.

The total estimated cost for completing the EIR is $416,645, which includes a ﬁve percent (5%) contingency required by the City, to be paid by the Applicant. The Applicant has agreed to the total amount and Staff will oversee the project from start to finish. 24 Department: Library
Prepared By: Shawn Thrasher
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:

NAME THE CHILDREN'S ROOM AT OVITT FAMILY COMMUNITY LIBRARY TO THE

BEVERLY CLEARY YOUNG READERS ROOM

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve naming the children's room at Ovitt Family Community Library, the Beverly Cleary Young Readers Room.

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 no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

In July 2022, a local resident submitted a Dedication/Naming Request Form to the Library Director. In the Request Form, the resident requested that the children's room at the Ovitt Family Community Library be named in honor of celebrated children's author and one- time Ontario resident, Beverly Cleary. The request also included three letters of support, articles and documents supporting the request, and a petition signed by 103 persons in support of the request. In accordance with the adopted policy which details the process for "Naming of Ontario City Library Facilities, Rooms or Collections", the Library Director presented information about the request to the Library Board of Trustees on September 13, 2022. A member of the public also spoke in favor of the recommendation. The Library Board of Trustees voted unanimously to recommend to City Council that the children's room at Ovitt Family Community Library be formally named the Beverly Cleary Young Readers Room.

Background on Beverly Cleary
Beverly Atlee Bunn was born on April 12, 1916 in McMinnville, Oregon. Beverly came of age during the Great Depression and her family did not have money to send her away to college. At that time, Beverly's mother's cousin, Verna Clapp, lived in Ontario and was employed as the librarian for Chaﬀey Memorial Library at Chaﬀey High School and Chaﬀey Jr. College. Beverly's mother was able to arrange for Beverly to stay with Verna, her husband, and children so that Beverly could attend Chaﬀey Jr. College. Beverly had aspirations of becoming a children's librarian. Beverly describes her ﬁrst glimpse of Ontario in her biography,
My Own Two Feet
, and was captivated: "We drove up
25 Euclid Avenue, Ontario's main street, which appeared to end in mountains. This was the California I imagined." Beverly stayed with her relatives during her ﬁrst year at Chaﬀey, but due to the Great Depression, the family could not host her stay for her second year. Beverly was not discouraged, and after the summer break she came back to Ontario and roomed with a classmate for her sophomore year.

Verna recommended Beverly to Alberta Schaeﬀer, the head librarian at the Ontario Public Library, who was searching for a substitute librarian. Ms. Schaeﬀer oﬀered Beverly a job, and Beverly worked at Ontario Public Library for a year as a substitute librarian. After graduating from Chaﬀey in 1936, Beverly went on to obtain her bachelor's degree from the University of California, Berkeley, where she met and married her husband, Clarence Cleary. In 1939 she graduated from the School of Librarianship at the University of Washington with a second bachelor's degree in library science and soon after accepted a position as a children's librarian. After a few years of making recommendations and performing live storytelling in her role as librarian, she decided to start writing children's books about characters in which young readers could relate.

Beverly Cleary's ﬁrst book was
Henry Huggins
in 1950. She published over forty books in her
lifetime. The last book she wrote was
Ramona's World
in 1999, when she was 83. She died in
Carmel, California in 2021 at the age of 104. Beverly Cleary is one of the most successful children's authors in history. Nearly one hundred million copies of her books have been sold. She won the 1981 National Book Award for
Ramona and Her Mother
and the 1984 Newbery Medal for
Dear Mr.

Henshaw
. For her lifetime contributions to American literature, she received the National Medal of Arts, recognition as a Library of Congress Living Legend, and the Laura Ingalls Wilder Medal from the Association for Library Service to Children. Beverly Cleary was a resident of Ontario; she is a signiﬁcant author in the ﬁeld of children's literature; and she is considered a national hero by many children's librarians and readers of children's literature, including the millions of children who have read her books over the years.

It is the Library Board of Trustees and Staﬀ's recommendation to name the children's room at Ovitt Family Community Library to the Beverly Cleary Young Readers Room.

Subsequent to the approval of this proposed Agenda item, Library Staﬀ will research appropriate signage for the room. Staﬀ will plan a ribbon cutting gathering during National Library Week, April 23-29, 2023, which will nearly coincide with Beverly Cleary's birthday on April 12. Library Staﬀ will also plan a birthday party for Beverly Cleary on that date as a precursor to the larger gathering during National Library Week.
26 Department: Engineering
Prepared By: Michael Bhatanawin
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Raymond Lee, Khoi Do
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT:

A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20016, LOCATED AT THE NORTHEAST

CORNER OF EUCLID AVENUE AND MERRILL AVENUE

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy 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:

There is not a direct ﬁscal impact associated with this action. All public infrastructure improvements required will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS:

Final Parcel Map No. 20016, consisting of seven numbered lots and one lettered lot on approximately 80.7 acres of land, as shown on Exhibit A, has been submitted by the Developer, Euclid Land Venture, LLC, a Delaware Limited Liability Company. Tentative Parcel Map No. 20016 was approved by the Planning Commission on October 27, 2020.

Improvements will include streets, storm drain, domestic water main, recycled water, sewer main, ﬁber optic conduits, streetlights, raised landscape median, and parkway landscaping with irrigation. All landscape improvements will be consistent with current City approved drought measures.

The Developer has entered into an Improvement Agreement with the City for Final Parcel Map No. 20016 and has posted adequate security to ensure construction of the required improvements.

27 This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
28 29
RESOLUTION NO. ______

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20016

LOCATED AT THE NORTHEAST CORNER OF EUCLID AVENUE AND
MERRILL AVENUE.

WHERAS, Tentative Parcel Map No. 20016 submitted for approval by Euclid Land Venture, LLC, a Delaware Limited Liability Company, was approved by the Planning Commission of the City of Ontario on October 27, 2020; and WHEREAS, Tentative Parcel Map No. 20016 being a subdivision of Lots 1, 2, 3, 16, 17, 18, 19, 20, 21, 34, 35 and 36 in Section 19, Township 2 South, Range 7 West, San Bernardino Base and Meridian, according to Map of subdivision of part of the Rancho Santa Ana Del Chino, recorded in Book 6 of Maps, Page 15, records of said County; and WHEREAS, to meet the requirements established as prerequisite to final approval of Parcel Map No. 20016, Euclid Land Venture, LLC, a Delaware Limited Liability Company, has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and
WHEREAS, the requirement for the preparation of Covenants, Conditions and Restrictions (CC&R’s), approved by the City Attorney’s Office, to ensure the right to mutual ingress and egress and continued maintenance of common facilities by the commonly affected property owners has been deferred to a date that coincides with the recordation of the subject Parcel Map.

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

SECTION 1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and SECTION 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and SECTION 3. That Final Parcel Map No. 20016 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.

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

PASSED, APPROVED, AND ADOPTED this 15th day of November 2022. 30 _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
31 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 November 15, 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 November 15, 2022. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
32 Department: Municipal Services
Prepared By: Adrian Escamilla
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:

REJECT ALL BIDS AND AUTHORIZE RE-BIDDING OF THE ONTARIO POLICE

DEPARTMENT LOCKER ROOM AND GYM EXPANSION PROJECT

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

The Fiscal Year 2022-23 Adopted Budget includes appropriations in the Capital Projects Fund for the Ontario Police Department Locker Room and Gym Expansion project. This project will address accessibility deﬁciencies identiﬁed by an accessibility compliance report.

On July 22, 2022, Staﬀ solicited bids for the Ontario Police Department Locker and Gym Expansion Project. On September 25, 2022, Staﬀ received ﬁfteen construction bids ranging from $1,318,000 to $1,957,000. Subsequent to that, the City identiﬁed that additional asphalt work for the entrance of the public parking and Staﬀ entrance is needed, however, it was not deﬁned in the original scope of work. Staﬀ determined that it is in the best interest of the City to reject all bids in accordance with Ontario Municipal Code Section 2-6.20(a), re-deﬁne the scope of work and rebid the project. The new bid will include a base bid and Additive Item 1: Asphalt Construction of approximately 13,000 square feet.
33 Department: Financial Services
Prepared By: Doreen Nunes
Staff Member Presenting:

Armen Harkalyan, Executive Director of Finance
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:

FISCAL YEAR 2022-23 FIRST QUARTER BUDGET UPDATE REPORT

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve the budget adjustments and recommendations as presented in the Fiscal Year 2022-23 First Quarter Budget Update Report.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The recommended actions will aﬀect several fund budgets as outlined in the Fiscal Year 2022-23 First Quarter Budget Update Report.

BACKGROUND & ANALYSIS:

The First Quarter Budget Update Report for Fiscal Year 2022-23 reﬂects the Financial Services Agency's continued eﬀorts to provide timely, accurate, and understandable ﬁnancial information to assist the City Council with decision making and achievement of core goals. All Funds have been reviewed in preparing this report. The emphasis of this report is on the General Fund, which funds the majority of government services including public safety, recreation, library, museum, parks, building and planning.

The primary purposes of this report are to:

Discuss Fiscal Year 2021-22 Year-End Results and Fiscal Year 2022-23 First Quarter Budget Update and provide a reconciliation of budgeted-to-actual financial data; Address annual carryforward appropriations across all funds; Recognize budgetary carryforward amounts for prior year's approved Capital Improvement Projects and Grant appropriations, which are ongoing;
Revise the City's budget to reﬂect the City Council's actions taken since the beginning of the current fiscal year;
Recommend personnel and organizational changes to enhance program operations and efficiencies;
Recommend budget adjustments that are consistent with City Council goals and objectives; and
Comment on signiﬁcant budget and economic trends which may impact ﬁscal year's budget development.

34 Fiscal Year 2021-22 General Fund Year-End Results (unaudited) The General Fund activity for FY 2021-22 resulted in a positive year-end balance of approximately $25.8 million. This result is primarily due to higher sales tax revenue than projected as a result of increased consumer goods due to inﬂation and stimulus payments, as well as rising fuel costs, increased charges for services revenues (development related revenue) as Ontario Ranch and commercial/industrial development in the City continues to move forward at a strong pace, and personnel savings due to vacancies citywide. In addition, the City was able to realize approximately $14.1 million of American Rescue Plan Act (ARPA) funding for the negative economic impacts the City incurred during the COVID-19 pandemic period.

Fiscal Year 2022-23 First Quarter Budget Update Recommendations First Quarter Budget Update recommendations are routine in nature and comprised predominately by: City Council actions taken since the beginning of the ﬁscal year, encumbrance carryforward items to rollover purchase order that have not yet been expended, and Capital Improvement Program (CIP) and Grant carryforward appropriations on projects and grants that have not been completed or fully expended. In addition, First Quarter includes proposed new expenditure budget requests, as well as revised revenue estimates for FY 2022-23. For the General Fund, the net result of these actions will bring the General Fund estimated available and unencumbered ending fund balance to $56.91 million or 18% of total appropriations. This amount achieves the goal set by City Council as a reserve for speciﬁc and deﬁned emergency events (such as an earthquake or pandemic) and to address immediate needs in resources without impacting City services. This goal was temporarily decreased to 15% and then 16% during the COVID pandemic but has since been brought back up to the previous set goal of 18%, eﬀective July 1, 2021, with the goal of increasing the reserves up to 25% in future fiscal years.

General Fund Highlights
$14.0 million transfer-out from General Fund to fund Economic Development Activities $12.0 million transfer-out to General Fund Capital Projects fund to ﬁnance various City infrastructure projects including: new park attractions and improvements; support for homelessness and mental health illnesses; and public safety enhancements (funding to be provided from the anticipated additional sales tax revenue) $9.2 million carryforward encumbrances from FY 2021-22
$1.2 million recommended personnel changes
$700 thousand additional appropriations for Property Services, and Architectural and Design Services agreements (City Council approved 4/19/2022)
$600 thousand additional appropriations for concrete repairs Maintenance Services Agreement for the replacement of A-curbs citywide (City Council approved 5/3/2022) $500 thousand additional funding for the Convention Center ballroom renovation (total funding to date $1M)

Other Funds (non-General Fund) Highlights
$307.3 million carryforward encumbrances from FY 2021-22 $9.0 million contribution from Aﬀordability In-Lieu Fund to the Ontario Housing Authority for Vista Verde Phase II, a low/moderate income multi-family housing development (funded from use of fund balance)
$6.7 million additional appropriations for San Antonio Transmission Water Main Phase 2 35 capital improvement project, funding provided from a developer reimbursement agreement (City Council approved 9/20/2022)
$6.3 million purchase of a new police helicopter, funded through the Public Safety Equipment Reserve and the anticipated sale of the replacement helicopter of approximately $2.2M (City Council approved 9/6/2022)
$5.3 million additional appropriations for the Ontario Ranch Phase 2 Water Main Improvement project
$2.0 million additional appropriations for Fire Station No. 11 in the Ontario Ranch for equipment and construction related costs (offset by Development Impact Fee revenues)

Interim budget updates also present recommendations for personnel and organizational changes necessary to enhance program operations and eﬃciencies. Current recommendations for this First Quarter report include reclassiﬁcation changes, adds/deletes, and other modiﬁcations to the authorized full-time positions resulting in a net increase of 14 positions citywide (12.6 positions are funded from General Fund and 1.4 positions are funded from Other Funds). In addition, a recommended City agency name change to incorporate the agency's sphere of responsibilities for the Human Resources Agency to Human Resources/Risk Management Agency. More detail is presented in the attached Exhibit A under Recommended Personnel Changes section, pages 16 through 18, of the FY 2022-23 First Quarter Budget Update Report.

Gainshare Program
The Gainshare Program was developed by the City in 2020 to recognize employees' collective progress towards City goals and objectives. The program is intended to reward high-performance and cost-eﬃcient operations in accomplishing Agency Strategic Objectives (ASOs) and achievements, as measured by Key Performance Indicators (KPIs). ASOs are outcome-driven objectives that the City uses to communicate and commit to our Agencies' missions, visions, and values. KPIs are intended to be output-driven and are measurable values that demonstrate how eﬀectively the City is achieving key objectives. Together, ASOs and KPIs are used as guides to keep score of our successes and challenges.

Through dedication, hard work and overall contributions, Ontario employees achieved program requirements for FY 2021-22 and have unlocked a Gainshare incentive of 1% of base compensation for all employees. Included in the First Quarter Budget Update Report is appropriations of $1,048,097 for this Gainshare, with the General fund's share at $803,499 and Other Funds' share at $244,598.

Economic Outlook
The following economic indicators are the most recent measures of economic activity.

Gross Domestic Product (GDP)
: The broadest measure of economic output, increased at an annual rate of 2.6% in the third quarter of 2022 (advance estimate), following a decrease of

0.6% in the second quarter. The increase in real GDP in the third quarter was led by increases in exports and consumer spending, of which were partly oﬀset by a decrease in housing spending.
36 Unemployment Rate
: The national unemployment rate for October 2022 was at 3.7% as compared to 4.6% in October 2021 and 6.9% in October of 2020. California’s unemployment rate for September 2022 was at 3.9% as compared to 6.4% in September 2021 and 10.6% in September 2020. Locally, unemployment rate in September 2022 was at 3.8% as compared to 6.6% in September 2021 and 10.6% in September 2020. Employment continues to grow as the economy recovers from the COVID-19 pandemic.

Consumer Conﬁdence Index (CCI)
: For October 2022, the CCI was at 102.5. This is a decrease from the previous number of 107.8 for September 2022 and 103.2 for August 2022. The CCI has retreated in October, after advancing in August and September due to concerns about inflation, with both food and gas prices serving as the main drivers.

Purchasing Manager’s Index (PMI)
: For October 2022, PMI was at 50.2% as compared to

60.8% in October 2021 and 58.8% in October of 2020. The current declining PMI rate is a reﬂection of heightened concerns regarding rising inﬂation, higher commodity prices, and continued supply chain issues.

Housing market
: In California, 305,680 existing home sales have been recorded year to date.

This represents a decrease of 30.2% year-to-year and a 16.5% decrease year to date. In the Inland Empire, the median sale price of existing single-family homes decreased by 0.6% from August 2022 to September 2022 and recorded an 8.1% increase year-to-year from September 2021 to September 2022. Supply constraints and increases in interest rates will continue to bring California home sales down in 2023.

Conclusion
As the City recovers from the last two years of economic disruption from the COVID pandemic, other challenges still exist: the continued war in Ukraine; rising consumer goods prices, fuel costs, and interest rates; the impending recession due to accelerated inﬂation levels not seen since the early 1980's; and concerns regarding the current "tripledemic" of ﬂu, RSV, and COVID. Even with the anticipated additional resources, the City will need to continue to practice ﬁscal discipline and establish proactive measures to safely navigate the current and upcoming ﬁscal challenges, as well as deliver an unparalleled level of service and commitment to our community.

The Adopted Operating Budget for Fiscal Year 2022-23, as modiﬁed through this First Quarter Budget Update, reﬂects the City Council's continued commitment to support high quality public safety and municipal services, provides for the maintenance and expansion needs of the City's infrastructure and facilities, proﬁles an aggressive economic development strategy, and assures the investment and reinvestment of City resources into the community - all in the name of aﬀording Ontario residents and businesses an exceptional quality of life. With the City Council's leadership and their prudent ﬁscal policies, the City's long-term ﬁnancial health will further solidify its standing as the economic leader in the Inland Empire, and a formidable player in California and the nation. 37 orrt nng

EXHIBIT A
38 Page
General Fund Year-End Results 3
General Fund Revenues by Category 4
General Fund Expenditures by Agency 5
General Fund Expenditures by Category 6
General Fund Year-End Reconciliation 7
General Fund Strategic Use of Funds 8
FY 2022-23 First Quarter Budget Update 9
General Fund Revenues by Category 10
General Fund Expenditures by Category 11
General Fund Expenditures by Agency 12
General Fund Budget Summary - Measure Q 13
Citywide Expenditures by Category 14
Citywide Expenditures by Fund 15
FY 2022-23 Authorized Full-Time Positions 16
Recommended Personnel Changes 17
Budget Adjustment Highlights 19
General Fund Personnel Ratios 26
Citywide Personnel Ratios 27
Detail of Recommended Budget Adjustments 28

City of Ontario
Fiscal Year 2022-23
First Quarter Budget Update Report
Table of Contents

EXHIBIT A
39 3

EXHIBIT A
40 FY 2021-22
Current Budget1
FY 2021-22
Actuals2
FY 2021-22
Budget Variance % Received
Sales Tax 111,700,000$ 129,332,341$ 17,632,341$ 115.8% Property Tax 80,045,955 79,028,282 (1,017,673) 98.7%
Transient Occupancy Tax 16,237,675 16,400,754 163,079 101.0% Business License Tax 8,662,980 8,856,928 193,948 102.2% Franchise Tax 3,400,000 3,561,004 161,004 104.7%
Parking Tax 3,000,000 3,368,202 368,202 112.3%
Other Taxes 2,000,000 2,629,315 629,315 131.5%
License & Permits 9,737,125 10,772,502 1,035,377 110.6% Fines & Forfeitures 966,789 1,060,576 93,787 109.7%
Use of Money & Property 1,462,798 (2,711,468) (4,174,266) -185.4% Intergovernmental 386,534 884,941 498,407 228.9%
Intergovernmental - ARPA3 3,422,371 14,095,153 10,672,782 411.9% Charges for Services 27,206,987 28,283,146 1,076,159 104.0% Charges for Services - OIAA4 21,819,106 19,371,918 (2,447,188) 88.8% Miscellaneous Revenue 8,824,097 9,851,864 1,027,767 111.6% Sub-Total 298,872,417$ 324,785,458$ 25,913,041$ 108.7% Transfers-In - 2,508,769 2,508,769 0.0% Total Resources 298,872,417$ 327,294,227$ 28,421,810$ 109.5% 1Reflects adjustments made at Post Adoption, First Quarter, and Year-End 2FY 2021-22 Actuals are unaudited
3 ARPA: American Rescue Plan Act
4 OIAA: Ontario International Airport Authority
5 Current Secured & RDA Residual Property Tax actuals were under expected values. 6 Change in Fair Value had a loss of $5.5M
7Correction to prior year transfer related to the Underground Utilities Deposit City of Ontario
General Fund Year-End Results - Revenues by Category
Fiscal Year 2021-22
5 6
7 4

EXHIBIT A
41 FY 2021-22
Current Budget1
FY 2021-22
Actuals2
FY 2021-22
Budget Variance % Expended
Community Development 29,509,208$ 24,113,544$ 5,395,664$ 81.7% Community Life & Culture 19,608,616 16,693,192 2,915,424 85.1% Elected Officials 674,829 583,302 91,527 86.4%
Financial Services 12,494,248 10,756,299 1,737,949 86.1% Human Resources 5,321,505 4,072,386 1,249,119 76.5%
Management Services 24,811,231 22,896,727 1,914,504 92.3% Ontario Fire Department 75,632,019 80,162,383 (4,530,364) 106.0% Ontario Police Department 112,532,310 109,391,643 3,140,667 97.2% Public Works 15,903,796 13,757,154 2,146,642 86.5%
Sub-Total 296,487,762$ 282,426,630$ 14,061,132$ 95.3% Transfers-Out 55,716,457 58,025,730 (2,309,273) 104.1%
Total Expenditures & Transfers-Out 352,204,219$ 340,452,360$ 11,751,859$ 96.7% 1 Reflects adjustments made at Post Adoption, First Quarter, and Year End 2 FY 2021-22 Actuals are unaudited.
3 Fire Department had a higher expended amount due to needed overtime for the alternate transport vehicle program.

City of Ontario
General Fund Year-End Results - Expenditures by Agency
Fiscal Year 2021-22
3 5

EXHIBIT A
42 FY 2021-22
Current Budget1
FY 2021-22
Actuals2
FY 2021-22
Budget Variance % Expended
Personnel Costs 198,992,248$ 195,813,575$ 3,178,673$ 98.4% Operating Expenditures 28,677,787 23,735,209$ 4,942,578 82.8% Contractual Services 20,653,297 15,780,219$ 4,873,078 76.4% Internal Service Allocations 36,087,699 36,371,111$ (283,412) 100.8% Reimbursement Agreements 9,641,852 8,891,193$ 750,659 92.2% Capital Outlay 2,434,879 1,835,322$ 599,557 75.4% Sub-Total 296,487,762$ 282,426,630$ 14,061,132$ 95.3% Transfers-Out 55,716,457 58,025,730$ (2,309,273) 104.1% Total Expenditures & Transfers-Out 352,204,219$ 340,452,360$ 11,751,859$ 96.7% 1 Reflects adjustments made at Post Adoption, First Quarter, and Year End 2 FY 2021-22 Actuals are unaudited.

City of Ontario
General Fund Year-End Results - Expenditures by Category Fiscal Year 2021-22
6 EXHIBIT A
43 Fiscal Year 2021-22 Revised Budget:

Beginning Fund Balance 7/01/2021 95,508,232$
Resources & Transfers-In1 327,294,227$
Appropriations & Transfers-Out (301,452,360)$
Net Results for FY 2021-22 25,841,867$
FY 2021-22 Funding for CalPERS UAL/RSIP, Economic Development Activities, and IT funding (From FY 2020-21 Surplus) (39,000,000)$
Year-End Adjustments to Retained Earnings (8,429,263)$
Estimated Ending Fund Balance - 6/30/2022 73,920,836$
Fiscal Year 2021-22 Carryforward Encumbrances (9,184,046)$ Recommended Funding for Economic Development Activities (14,000,000)$ Recommended Allocation to Economic Uncertainty Reserve (500,000)$ Revised Estimated Fund Balance 50,236,790$
Estimated General Fund Reserve %2 19.8%
1 Includes $14M in American Rescue Plan Act (ARPA) funding. 2 Council adopted the FY 2021-22 budget Reserve at 18% with direction to strive back at 20% reserve level.

City of Ontario
General Fund Year-End Reconciliation (unaudited)
Fiscal Year 2021-22
7 EXHIBIT A
44 (1) Pension Obligation Bonds/Safety PERS Unfunded Liability - FY 2021-22 Ending Balance 228,855,000$ (2) Internal Borrowing for Miscellaneous PERS Unfunded Liability - FY 2021-22 Ending Balance 94,805,640$ (3) Real Property Investment for Airport Drive under Economic Fund 28,000,000$ (4) Funding for Future CalPERS Unfunded Liability (RSIP) FY 2021-22 29,008,273$ Funding for Future CalPERS Unfunded Liability (RSIP) FY 2022-23 15,720,332$ To be used for Part 150 parcels 44,728,605$
(5) Funding for Economic Development Activities (First Quarter FY 2022-23) 14,000,000$ (6) Economic Uncertainty Reserve Balance FY 2021-22 19,500,000$ Recommended Allocation to Economic Uncertainty Reserve FY 2022-23 500,000$ Recommended Economic Uncertainty Reserve Balance FY 2022-23 20,000,000$ City of Ontario
General Fund
Strategic Use of Funds
8 EXHIBIT A
45 9

EXHIBIT A
46 FY 2022-23
Adopted Budget
First Quarter
Budget Update
FY 2022-23
Revised Budget
Actuals as of
09/30/2022 % Received
Sales Tax 109,900,000$ -$ 109,900,000$ 9,273,560$ 8.4% Measure Q/Sales Tax - 20,000,000 20,000,000 - 0.0% Property Tax 82,967,000 - 82,967,000 - 0.0% Transient Occupancy Tax 16,500,000 - 16,500,000 1,601,787 9.7% Business License Tax 8,763,000 - 8,763,000 1,603,639 18.3% Franchise Tax 3,000,000 - 3,000,000 53,358 1.8% Parking Tax 3,000,000 - 3,000,000 664,446 22.1% Other Taxes2
1,700,000 - 1,700,000 277, 822 16. 3% Licenses and Permits 6,192,000 2,678,000 8,870,000 1,519,616 17.1% Intergovernmental3
9,171,077 - 9,171,077 3, 482,313 38. 0% Intergovernmental - ARPA4
9,449,310 - 9,449,310 872, 685 9. 2% Charges for Services 23,793,354 680,900 24,474,254 4,378,866 17.9% Charges for Services - OIAA5
20,902,300 - 20,902,300 4, 098,670 19. 6% Use of Money & Property 1,341,992 - 1,341,992 103,814 7.7% Fines and Forfeitures 753,000 18,000 771,000 217,677 28.2% Miscellaneous 1,720,000 3,890,031 5,610,031 1,029,618 18.4% Total General Fund Revenues 299,153,033$ 27,266,931$ 326,419,964$ 29,177,871$ 8.9% Transfers-In - - - - 0.0% TOTAL RESOURCES 299,153,033$ 27,266,931$ 326,419,964$ 29,177,871$ 8.9% 1 Adopted Revenue Items were re-classed to be consistent with the new Workday Chart of Accounts 2 Other Taxes includes Property Transfer Tax ($1.5M) and Motor Vehicle In Lieu ($200K) 3 Intergovernmental includes Cost Allocation Plan Revenue, Disability, Worker's Compensation, & Unemployment Internal Service Allocation Revenue 4 American Rescue Plan Act
5 Ontario International Airport Authority
6 Licenses and Permits: Building Dept request for increases in construction, emd of code cycle, new code cycle. 7 Includes Toyota Arena revenue from FY 2021-22 per agreement City of Ontario
General Fund Revenue by Category
Fiscal Year 2022-23
First Quarter Budget Update
6 1
7 10

EXHIBIT A
47 FY 2022-23
Adopted Budget
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
FY 2022-23
Revised Budget
Actuals as of
9/30/20221 % Expended
Personnel Costs 196,234,997$ -$ 1,901,682$ 198,136,679$ 44,250,459$ 22.3% Operating Expenditures 27,179,820 1,490,547 1,378,010 30,048,377 6,993,135 23.3% Contractual Services 16,976,742 6,475,733 1,958,000 25,410,475 11,318,866 44.5% Internal Service Allocations 42,715,839 - 43,953 42,759,792 10,513,801 24.6% Reimbursement Agreements/Other Financing
Uses 8,965,212 740,535 - 9,705,747 (1,245,266) -12.8% Capital Outlay 367,000 477,231 583,600 1,427,831 658,596 46.1% Transfers-Out 9,438,410 - 26,000,000 35,438,410 2,359,602 6.7% Total General Fund Appropriations 301,878,020$ 9,184,046$ 31,865,245$ 342,927,311$ 74,849,193$ 21.8% FTE General Fund 854.88 - 12.60 867.48 FTE Other Funds 419.12 - 1.40 420.52 Total FTE All Funds 1,274.00 - 14.00 1,288.00 1 Includes expenses and encumbrances/PO's.
2 Personnel costs includes $1.1M in personnel requests and $780K for gainshare program. 5 Internal service allocations includes personnel related costs for workers' compensation and unemployment. 6 Capital Outlay includes $270K for purchase of five vehicles in OPD; $314K for purchase of ambulance for OFD. 7 Transfers include $2.1M in Sales Tax Contribution to CIP, $3M for Helicopter, $3.9M Retiree Medical contribution. 8 Transfers include $12M for Measure Q Capital, and $14M for Economic Development. 4 Contractual services includes $600k in Management Services agreement for A-curbs replacement; $250k in construction increases for Building; $700K for property/land acquisition,appraisal, and project/ property management; $150k in legal services for prorperty acquisition $143K in parking services for C street parking garage; $50K consulting services to rebuild Friends of the Library. 3 Operating expenditures includes $500K for Convention Center Ballroom renovation; $200k in additional equipment funding for station #11; $100k in purchase of streetlight poles for Public Works,; $129k in equipment and training for new hires for OPD
City of Ontario
General Fund Expenditures by Category
Fiscal Year 2022-23
First Quarter Budget Update
2 3
6 5
4 7 8
11 EXHIBIT A
48 FY 2022-23
Adopted Budget
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
FY 2022-23
Revised Budget
Actuals as of
9/30/20221 % Expended
Community Development 28,162,047$ 5,333,461$ 446,044$ 33,941,552$ 11,126,843$ 32.8% Community Life & Culture 20,157,624 953,608 364,173 21,475,405 4,813,253 22.4% Financial Services 17,815,770 3,126 59,108 17,878,004 2,089,703 11.7% Human Resources/Risk Management 4,883,899 544,896 29,753 5,458,548 1,796,590 32.9% Management Services 23,691,566 1,547,942 1,487,956 26,727,464 2,677,784 10.0% Ontario Fire Department 75,869,598 377,783 955,261 77,202,642 18,653,945 24.2% Ontario Police Department 113,392,979 363,194 1,796,492 115,552,665 26,416,070 22.9% Public Works 8,466,127 60,036 726,458 9,252,621 4,915,403 53.1% Transfers-Out 9,438,410 - 26,000,000 35,438,410 2,359,602 6.7% Total Appropriations & Transfers-Out 301,878,020$ 9,184,046$ 31,865,245$ 342,927,311$ 74,849,193$ 21.8% FTE General Fund 854.88 - 12.60 867.48 FTE Other Funds 419.12 - 1.40 420.52 Total FTE All Funds 1,274.00 - 14.00 1,288.00 1 Includes expenses and encumbrances/PO's.
2 Community Development includes $256K for increases in construction & new code cycle for Building, $89k for gainshare program and $136K for personnel requests. 3 Community Life & Culture includes $257K for personnel requests, $57k for gainshare program; $50K for Consulting Servcies to rebuild Friends of the Library. 4 Financial Services includes $33K for personnel requests and $26K for gainshare program. 5 Human Resources/Risk Management includes $69K decrease for personnel requests and $20k for gainshare program. 9 Public Works includes $600k increase to Maintenance Services Agreement for replacement of A curbs citywide; $110K for purchase of streetlight poles and hardware; $16K for gainshare program. 10 Transfers include $2.1M contribution from Sales Tax Revenue to CIP's, $370K Parkway Maintenance contribution, $3M for the Public Safety Helicopter, $12k for Streetlight Maintenance contribution, and 11 Transfers include $12M for Measure Q Capital, and $14M for Economic Development. 7 Ontario Fire Department includes $200k in equipment for Truck and engine for Station #11; $300K for purchase of ambulance; $198K for gainshare program.; $144K for personnel requests; $60K Upgrade of Plymovents; $37K for new billing module for Fire PRevention Fees. 8 Ontario Police Department includes $644K for personnel requests; $370K for gainshare program; $400k for purchase of vehicle, equipment, & training for new positions; $140K Contract for parking services for C street Parking garage.
6 Management Services includes $150K in legal services for property acquisition; $700k Amendment for appraisal, project/Property management, land acquisition, and Architect and design services; $500K funding for Convention Center Ballroom renovation; $29K for gainshare program; $21K for personnel requests.

City of Ontario
General Fund Expenditures by Agency
Fiscal Year 2022-23
First Quarter Budget Update
2 3
4 5
6 7
8 9
10 11
12 EXHIBIT A
49 Fiscal Year 2022-23 Revised Budget:

Estimated Beginning Fund Balance 73,920,837$
Fiscal Year 2022-23 Adopted Budget:

Resources & Transfers-In 299,153,033
Appropriations & Transfers-Out (301,878,020)
First Quarter Budget Recommendations
Resources 7,266,931
Measure Q 20,000,000
Measure Q Capital (12,000,000)
Appropriations (5,865,245)
Fiscal Year 2021-22 Carryforward Encumbrances (9,184,046) Recommended Funding for Economic Development Activities (14,000,000) Recommended Allocation to Economic Uncertainty Reserve (500,000) Estimated Ending Fund Balance 56,913,490$
Estimated General Fund Reserve % 18%
(B) For FY 2022-23, recommending a reserve level of 18% with the goal of increasing the reserves up to 25% in future fiscal years. 1 (A) Total GF Reserves is adjusted for a one time transfer exclusion of $14M for Economic Development Activities, and $500k allocation to Economic Uncertainty Reserve.

City of Ontario
General Fund Budget Summary
Fiscal Year 2022-23
First Quarter Budget Update
With Measure Q
1 13

EXHIBIT A
50 FY 2022-23
Adopted Budget
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
FY 2022-23
Revised Budget
Actuals as of
09/30/20221 % Expended
Personnel Costs 262,771,754$ -$ 3,434,805$ 266,206,559$ 58,156,287$ 21.8% Operating Expenditures 173,666,937 52,371,933 3,592,406 229,631,276 44,618,522 19.4% Contractual Services 69,513,931 232,299,420 18,895,816 320,709,167 62,247,772 19.4% Internal Service Allocations 69,935,874 19,542 47,374 70,002,790 17,197,898 24.6% Reimbursement Agreements/Other
Financing Uses 44,734,968 16,841,809 9,000,000 70,576,777 4,717,234 6.7% Capital Outlay 9,645,000 14,948,333 7,190,941 31,784,274 17,969,042 56.5% Transfers-Out 31,346,668 - 26,000,000 57,346,668 7,836,667 13.7% Total Citywide Appropriations 661,615,132$ 316,481,037$ 68,161,342$ 1,046,257,511$ 212,743,422$ 20.3% FTE General Fund 854.88 - 12.60 867.48 FTE Other Funds 419.12 - 1.40 420.52 Total FTE All Funds 1,274.00 - 14.00 1,288.00 1 Includes expenses and encumbrances/PO's.
2 Includes $1M Gainshare and Personnel Requests of $1.4M: Comm Dev $61k, CLC $257k, FS $33k, OFD $144k, HR&RM 13k, IT $20K, Mgmt Svcs $21k, OPD $644k, and PW $215k. 5 Internal Service Allocations includes $48K in Recommended Personnel Changes. 8 Transfers include $12M for Measure Q Capital, and $14M for Economic Development. 4 Contractual Services includes $5.4M Ontario Ranch Phase 2 Water Main Improvements; $6.8M for WA1401 San Antonio Transmission Water Main Phase 2; $1.5M amendments to sewer disposal, water supply, & water rights; $1.65M for Equipment and construction costs for Fire Station#11; $887K construction of WA1902 Pressure Reduction Station Rehab; $450K Museum accreditation related facility upgrades (repurpose of previously approved CIP PF1907-Museum Basement Waterproofing). 7 Capital Outlay includes $6.3M for Helicopter Purchase (Offset by sale of existing helicopter for $2.2M);$270K for Purchase of five vehicles for newly added OPD positions; $314K for purchase of ambulance; $110K for Utilities Customer Services Automated Mail Extraction; $100k additional funding for Fire Station#11 PF2208 equipment construction. 6 Reimbursement Agreements includes $6.8M Contribution from DIF fund to Water Capital (offset by DIF Revenue); $9M contribution from Affodability In-Lieu to Ontario Housing Authority (Revenue Offset).

City of Ontario
Citywide Expenditures by Category
Fiscal Year 2022-23
First Quarter Budget Update
3 Operating Expenditures include $176k Financial System Licensing fee increase; $675K Property Acquisition on N Euclid; $450K additional fund ing for Station #11; $110K purchase of streetlight poles and hardware; $217K Telecomm charges added to IT budget from adoption; $500K Convention Center Ballroom renovation funding; $130K for equipment and training for new Fire positions added.
2 3
4 5
6 7
8 14

EXHIBIT A
51 FY 2022-23
Adopted Budget
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
FY 2022-23
Revised Budget
Actuals as of
09/30/20221 % Expended
General Fund 301,878,020$ 9,184,046$ 31,865,245$ 342,927,311$ 74,849,193$ 21.8% Special Revenue Fund 43,081,236 74,698,692 3,168,018 120,947,946 20,158,584 16.7% Capital Projects Fund 19,876,031 125,131,010 5,573,837 150,580,878 21,224,227 14.1% Enterprise Funds 183,841,718 64,136,107 10,105,670 258,083,495 56,393,112 21.9% Internal Service Funds 110,978,709 31,274,094 8,489,635 150,742,438 39,918,236 26.5% Total City Funds 659,655,714$ 304,423,949$ 59,202,405$ 1,023,282,068$ 212,543,352$ 20.8% Agency Funds (OHA) 1,959,418 12,057,088 8,958,937 22,975,443 200,070 0.9% Total All Funds 661,615,132$ 316,481,037$ 68,161,342$ 1,046,257,511$ 212,743,422$ 20.3% FTE General Fund 854.88 - 12.60 867.48 FTE Other Funds 419.12 - 1.40 420.52 Total FTE All Funds 1,274.00 - 14.00 1,288.00 1 Includes expenses and encumbrances/PO's.

City of Ontario
Citywide Expenditures by Fund Type
Fiscal Year 2022-23
First Quarter Budget Update
2 General Fund includes $1.1M for personnel requests; $780K for gainshare program; $150K in legal services for property acquisition; $700k Amendment for appraisal, project/Property management, land acquisition, and Architect and design services; $500K funding for Convention Center Ballroom renovation; $600k increase to Maintenance Services Agreement for replacement of A curbs citywide; $110K for purchase of streetlight poles and hardware; $250k in construction increases for Building; $400k for purchase of vehicle, equipment, & training for new positions; $143K Contract for parking services for C street Parking garage; $200k in equipment for Truck and engine for Station #11; $300K for purchase of ambulance 3 Special Revenue includes $355K funding for Traffic Signal system at Campus and Francis; $215K construction of Campus ave at Walnut; $160K for construction of ST2306 Campus (Francis to Belmont); $145k construction contract for ST2309 Etiwanda ave; $140k construction of ST2305 Campus at Philadelphia st; $125k funding for slurry projects and geotech texting svcs; $110K for construction contract for ST2307 Concours st. 4 Capital Projects includes $6.8M contribution from DIF fund to Water Capital (Offset by Dif Revenues); $5.4M additional funding for Ontario Ranch Phase 2 Water Main Improvements (Offset by $2M funding reduction to Regional Water); $2M for Fire Station #11 PF2208 equioment and construction costs. 5 Enterprise includes $140K for personnel requests; $155K for gainshare program; $6.8M additional funding to WA1401 San Antonio Transmission Water Main Phase 2; $1.5M in Amendments related to sewer disposal, water supply and rights; $900k funding for WA1902 Pressure Reduction Station Rehab. 6 Internal Service includes $6.3M purchase of new helicopter (offset by sale of existing helicopter $2.2M); $675K property acquisition N Euclid ave; $400K in professional design services for park improvement projects; $450k for Museum accreditation related facility upgrades; $180K for personnel requests; $70k for gainshare program. 2 3
4 5
6 15

EXHIBIT A
52 Recommended
Agency
FY 2022-23
Adopted Budget
First Quarter
Budget Update
Total Authorized
Full-Time Positions
Community Development 112.00 - 112. 00 Community Life & Culture 58.00 5.00 63. 00 Financial Services 42.00 - 42. 00 Human Resources 23.00 - 23. 00 Information Technology 33.00 - 33. 00 Management Services 44.00 1.00 45. 00 Ontario Fire Department1
228.00 1.00 229. 00
Ontario Municipal Utilities Company 124.00 - 124. 00 Ontario Police Department2
379.00 6.00 385. 00
Public Works 231.00 1.00 232. 00 Total Authorized Full-Time Positions3 1,274.00 14.00 1,288.00 General Fund 854.88 12.60 8 67.48 Other Funds 419.12 1.40 420.52 Total FTE All Funds 1,274.00 14.00 1,288.00 1 OFD positions includes the following sworn positions 185.00 1.00 186.00 2 OPD positions includes the following sworn positions 282.00 5.00 287.00 3 FY 2021-22 Adopted Full-Time Positions: 1,219
City of Ontario
Authorized Full-Time Positions
Fiscal Year 2022-23
First Quarter Budget Update
16 EXHIBIT A
53 Agency Department General Fund Other Fund Total Position Action Community Development
Community Development Administration (0.85) (0.85) Administrative Officer Deletion 9,095$ - 11,057$ HUD Grant Administration (0.10) (0.10) Administrative Officer Deletion 9,095$ - 11,057$ HOME Program (0.05) (0.05) Administrative Officer Deletion 9,095$ - 11,057$ Community Development Administration 0.85 0.85 Departmental Administrator Addition 10,903$ - 13,248$ HUD Grant Administration 0.10 0.10 Departmental Administrator Addition 10,903$ - 13,248$ HOME Program 0.05 0.05 Departmental Administrator Addition 10,903$ - 13,248$ Economic Development (0.60) (0.60) Senior Project Coordinator Deletion 6,746$ - 8,200$ Transformative Climate Comm Deposits, Grants and Projects (0.40) (0.40) Senior Project Coordinator Deletion 6,746$ - 8,200$ HUD Grant Administration 0.30 0.30 Management Analyst Addition 6,041$ - 7,344$ HOME Program 0.25 0.25 Management Analyst Addition 6,041$ - 7,344$ Transformative Climate Comm Deposits, Grants and Projects 0.20 0.20 Management Analyst Addition 6,041$ - 7,344$ Ontario Housing Authority Administration 0.25 0.25 Management Analyst Addition 6,041$ - 7,344$ Housing (0.30) (0.30) Executive Director Housing & Neighborhood Preservation De letion 13,575$ - 18,186$ TCC Grant (0.15) (0.15) Executive Director Housing & Neighborhood Preservation Deletion 13,575$ - 18,186$ HUD Grant (0.55) (0.55) Executive Director Housing & Neighborhood Preservation Deletion 13,575$ - 18,186$ Community Development Administration 1.00 1.00 Community Development Asisstant Director Addition 14,674$ - 18,018$

0.40 (0.40) -
Community Life & Culture
Library (1.
00) (1.00) Senior Library Assistant Deletion 4,203$ - 5,205$ Library 1.00 1.00 Librarian Addition 5,132$ - 6,295$ Homeless Continuum of Care 1.00 1.00 Management Analyst Addition 6,041$ - 7,344$ Homeless Continuum of Care 2.00 2.00 Continuum of Care Social Worker Addition 6,228$ - 7,569$ Senior Services 2.00 2.00 Transportation Driver *** Addition 3,293$ - 3,987$

5.00 - 5.00
Financial Services
Payroll (1.00) (1.00) Payroll Manager Deletion 7,490$ - 9,100$ Payroll 1.00 1.00 Administrative Officer Addition 9,095$ - 11,057$ Payroll (1.00) (1.00) Payroll Technician Deletion 5,309$ - 6,453$ P
ayroll 1.00 1.00 Payroll Corrdinator Addition 6,164$ - 7,488$ Budget (1.00) (1.00) Financial Analyst Deletion 7,564$ - 9,190$ Budget 1.00 1.00 Senior Financial Analyst Addition 8,381$ - 10,187$ Accounts Receivable (1.00) (1.00) Accounting Technician Deletion 4,808$ - 5,843$ Accounts Receivable 1.00 1.00 Management Analyst Addition 6,041$ - 7,344$ - - -
Human Resources/Risk Management
HR Administration (0.80) (0.80) Human Resources Analyst Deletion 6,661$ - 8,093$ Worker's Compensation (0.10) (0.10) Human Resources Analyst Deletion 6,661$ - 8,093$ General Liability (0.10) (0.10) Human Resources Analyst Deletion 6,661$ - 8,093$

Worker's Compensation 0.40 0.40 Senior Management Analyst Addition 7,490$ - 9,100$ General Liability 0.60 0.60 Senior Management Analyst Addition 7,490$ - 9,100$ HR Administration (0.70) (0.70) Human Resources Technician Deletion 5,309$ - 6, 453$ Worker's Compensation (0.15) (0.15) Human Resources Technician Deletion 5,309$ - 6,453$ General Liability (0.15) (0.15) Human Resources Technician Deletion 5,309$ - 6,453$ HR Administration 0.70 0.70 Human Resources Coordinator Addition 5,855$ - 7,115$ Worker's Compensation 0.15 0.15 Human Resources Coordinator Addition 5,855$ - 7,115$ General Liability 0.15 0.15 Human Resources Coordinator Addition 5,855$ - 7,115$ HR Administration (1.96) (1.96) Senior Human Resources Analyst Reclassification 9,095$ - 11,057$ Rideshare (0.04) (0.04) Senior Human Resources Analyst Reclassification 9,095$ - 11,057$ HR Administration 1.96 1.96 Principal Human Resources Agency Partner Reclassification 9,095$ - 11,057$ Rideshare 0.04 0.04 Principal Human Resources Agency Partner Reclassification 9,095$ - 11,057$ HR Administration (0.80) (0.80) Senior Human Resources Analyst Reclassification 9,095$ - 11,057$ Workers' Compensation (0.10) (0.10) Senior Human Resources Analyst Reclassification 9,095$ - 11,057$ General Liability/Safety (0.10) (0.10) Senior Human Resources Analyst Reclassification 9,095$ - 11,057$ HR Administration 0.80 0.80 Principal Risk Management/ Benefits Agency Partner Reclassification 9,095$ - 11,057$ Workers' Compensation 0.10 0.10 Principal Risk Management/ Benefits Agency Partner Reclassification 9,095$ - 11,057$ General Liability/Safety 0.10 0.10 Principal Risk Management/ Benefits Agency Partner Reclassification 9,095$ - 11,057$ (0.80) 0.80 -
Recommended Personnel Changes
City of Ontario
Salary Range
Proposed Change
First Quarter Budget Update
Fiscal Year 2022-23
17 EXHIBIT A
54 Agency Department General Fund Other Fund Total Position Action Recommended Personnel Changes
City of Ontario
Salary Range
Proposed Change
First Quarter Budget Update
Fiscal Year 2022-23
Information Technology
IT Administration - (1.00) (1.00) Management Analyst Deletion 6,041$ - 7,344$ IT Operations - 1.00 1.00 Senior Systems Analyst Addition 8,277$ - 10,060$ - - -
Management Services
Innovation, Performance & Audit (1.00) (1.00) Performance & Optimization Manager Deletion 9,322$ - 11,333$ Innovation, Performance & Audit 1.00 1.00 Project Manager Addition 8,448$ - 10,264$ Communications & Communication Relations (1.00) (1.00) Legislative Analyst Deletion 6,041$ - 7,344$ Communications & Communication Relations 1.00 1.00 Senior Legislative Analyst Addition 7,490$ - 9,100$ Communications & Community Relations 1.00 1.00 Communications Analyst Addition 6,041$ - 7,344$ Office of the City Manager (1.00) (1.00) Senior Management Analyst Deletion 7,490$ - 9,100$ Office of the City Manager 1.00 1.00 Administrative Officer Addition 9,095$ - 11,057$ Office of the City Manager (1.00) (1.00) Director of Economic Development Deletion 13,558$ - 16,479$ Office of the City Manager 1.00 1.00 Executive Director of Economic Development Addition 13,575$ - 18,186$

1.00 - 1.00
Ontario Fire Department
Emergency Services 1.00 - 1.00 Chief Deputy Fire Chief Addition 16,338$ - 19,859$

1.00 - 1.00
Ontario Municipal Utilities
Environmental Engineering / Water (1.00) (1.00) Senior Cross-Connection Control Specialist Deletion 6,286$ - 7,640$ Environmental Engineering / Water 1.00 1.00 Cross-Connection Control Supervisior Addition 6,756$ - 8,208$ - - -
Ontario Police Department
Airport Operations Bureau (3.00) (3.00) Park ing Enforcement Officers Deletion 3,515$ - 4,274$ Airport Operations Bureau 3.00 3.00 Community Service Officers Addition 4,117$ - 5,002$ Detective Division 1.00 1.00 Digital Forensic Specialist* Addition 7,564$ - 9,190$ Personnel Recruit &Training 1.00 1.00 Police Lieutenant* Addition 12,142$ - 14,751$ Personnel Recruit &Training 2.00 2.00 Police Officer* Addition 6,933$ - 8,429$ Personnel Recruit &Training 1.00 1.00 Police Sergeant* Addition 10,429$ - 12,676$ Career Criminal Division/Multi Enforcement Tea 1.00 1.00 Police Captain* Addition 13,981$ - 16,995$

6.00 - 6.00
Public Works
Commercial Bin Collection - (1.00) (1.00) Integrated Waste Collector Deletion 3,687$ - 4,482$ Commercial Bin Collection - 1.00 1.00 Integrated Waste Maintenance Worker Addition 3,545$ - 4,304$ Integrated Waste Administration - (1.00) (1.00) Office Specialist Deletion 3,782$ - 4,597$ Integrated Waste Administration - 1.00 1.00 Senior Management Analyst Addition 7,490$ - 9,100$ Integrated Waste Administration - (1.00) (1.00) Office Specialist Deletion 3,782$ - 4,597$ Integrated Waste Administration - 1.00 1.00 Senior Management Analyst Addition 7,490$ - 9,100$ Public Facilities Building Maintenance - 1.00 1.00 Project Manager Addition 8,242$ - 10,013$ - 1.00 1.00
Total Additions/(Deletions) 12.60 1.40 14.00 First Quarter Net FTE
Net Change By Fund Annual Cost Adjustments Change
1000 General Fund 2,298,692$ 1,149,346$ 12.60 1050 General Fund Ontario Airport Serv 32,856$ 16,428$ - 2010 C.D.B.G. (18,500)$ (9,250)$ - 2020 HOME Grants 42,974$ 21,487$ 0.25 2310 Ontario Housing Authority (88,246)$ (44,123)$ (0.30) 2400 Grants Fund (85,952)$ (42,976)$ (0.35) 5010 Water Operating 5,930$ 2,965$ - 5210 Integrated Waste 108,738$ 54,369$ - 6020 Information Technology 40,062$ 20,031$ - 6030 Facility Maintenance 153,450$ 76,725$ 1.00 6110 Workers Compensation 63,008$ 31,504$ 0.30 6111 General Liability 102,408$ 51,204$ 0.50 2,655,420$ 1,327,710$ 14.00 18 EXHIBIT A
55 Agency Description
Appropriation
Adjustment General Fund Other Funds
Community Development
Community Development increases due to increases in construction, end of code cycle, and new code cycle 256,000 256,000 -
Contractual increase in Department citation processing fees for third-party processor and change in fee collection process from net fee reporting to gross fee reporting 18,000 18,000 - FY 2021-22 Gainshare Program 95,469 89,183 6 ,286 Increase in abandoned shopping cart collection fees by third-party vendor 10,000 10,000 - Recommended Personnel Changes (2,001) 72,861 ( 74,862) Additional Construction Contract funding for the Slurry Projects and geotechnical texting services (CC Approved 07/19/2022) 123,449 - 123,449 Additional funding for construction Contract of ST2307 Concours St (Wineville to Barrington) (CC Approved 07/05/2022) 109,453 - 109,453 Additional funding for construction Contract of ST2312 Phillips St. (Benson to Cypress) (CC Approved 07/05/2022) 91,779 - 91,779 Additional funding for construction of ST2305 Campus Ave at Philadelphia St. (CC Approved 07/05/2022) 138,060 - 138,060 Additional funding for construction of ST2306 Campus Ave. (Francis to Belmont) (CC Approved 07/05/2022) 158,875 - 158,875 Additional funding for construction of ST2309 Etiwanda Ave. (Jurupa to Santa Ana) pavement (CC Approved 07/05/2022) 145,591 - 145,591 Additional funding for construction of ST2311 Grove Ave. at SR-60 pavement (CC Approved 07/05/2022) 82,348 - 82,348 Additional funding for Construction of ST2314 Vineyard Ave. at SR-60 Sidewalk Repair (CC Approved 07/05/2022) 23,010 - 23,010 Additional funding for construction of ST2315 Vintage Ave (Concours to Ontario Mills Pkwy) (CC Approved 07/05/2022) 21,555 - 21,555 City of Ontario
Budget Adjustment Highlights
Fiscal Year 2022-23
First Quarter Budget Update
19 EXHIBIT A
56 Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2022-23
First Quarter Budget Update
Community Development Cont.

Additional funding for ST1713 Mountain Avenue and Holt Blvd Intersection Widening Project 47,912 - 47,912 Additional funding for the Construction of Campus Avenue at Walnut Street TR2001 (CC Approved 10/04/2022) 212,593 - 212,593 Additional funding for the Construction of Traffic Signal Systems at Campus Avenue at Francis Street TR2001 (CC Approved 10/04/2022) 354,804 - 354,804 Additional funding for the Professional Services Contract of the Master Plan of Drainage Update Project (CC Approved 07/19/2022) 83,758 - 83,758 Additional Maintenance and Repairs funding for the Mill Creek Wetlands Facility (CC Approved 07/19/2022) 30,000 - 30,000 Contribution from Affordability In-Lieu to Ontario Housing Authority for property acquisitions (Use of fund balance) 9,000,000 - 9,000,000 Reduction to GR2303 Hotel Voucher Program (Reduction of C.D.B.G. funding) (15,938) - (15,938) MS2301 TBRA allocation 307,854 - 307,854 11,292,571 446,044 10,846,527
Community Life & Culture
Consulting Services to rebuild Friends of the Library 50,000 50,000 - FY 2021-22 Gainshare Program 57,591 57,374 2 17 Recommended Personnel Changes 256,799 256,799 - Museum accreditation related facility upgrades (Repurpose of PF1907 Waterproofing of Museum Basement in Facilities and Parks Maintenance fund, reduction in carryforward) 450,000 - 450,000 GR2312 OmniTrans Measure I Grant (CC Approved 08/16/2022) 675,582 - 675,582 1,489,972 364,173 1,125,799
20 EXHIBIT A
57 Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2022-23
First Quarter Budget Update
Financial Services
FY 2021-22 Gainshare Program 30,419 25,959 4 ,460 Recommended Personnel Changes 33,149 33,149 - 63,568 59,108 4,460
Human Resources/Risk Management
FY 2021-22 Gainshare Program 23,604 20,039 3 ,565 Recommended Personnel Changes 13,422 (69,286) 8 2,708 Purchase of Intranet Software 79,000 79,000 - 116,026 29,753 86,273
Information Technology
Financial System (PeopleSoft) incremental licensing fee increase (CC Approved 08/16/2022) 175,559 - 175,559 FY 2021-22 Gainshare Program 29,728 - 29,728 Recommended Personnel Changes 20,031 - 20,031 Telecomm charges moved to IT budget for budget adoption (Funded by various departments) 217,387 - 217,387 442,705 - 442,705 21 EXHIBIT A
58 Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2022-23
First Quarter Budget Update
Management Services
Amendment to On-Call appraisal, Project Management, Land Acquisition, Relocation, Property Management, and Architectural and Design Services (CC Approved 04/19/2022) 700,000 700,000 - Convention Center additional funding for ballroom renovation 500,000 500,000 - FY 2021-22 Gainshare Program 32,536 29,000 3 ,536 Legal services for property acquisition 150,000 150,000 - Pandemic Recovery Sponsorship for Greater Ontario Business Council 25,000 25,000 - Recommended Personnel Changes 83,956 83,956 - Property Acquisition for 125 North Euclid Avenue (CC Approved 08/16/2022) 675,000 - 675,000 Reduction to MS2302 OntarioNet Broadband Expansion (Reduction of C.D.B.G. funding) (69,066) - (69,066) 2,097,426 1,487,956 609,470
OMUC
CIS Consulting Review based on the FY 2022-23 Utility Customer Service ASO goal 75,000 - 75,000 Additional Funding for construction of WA1902 Pressure Reduction Station Rehab (CC Approved 10/18/2022) 887,493 - 887,493 Additional funding for Ontario Ranch Phase 2 Water Main Improvement (CC Approved 11/15/2022) 5,351,414 - 5,351,414 Change in funding allocation for Ontario Ranch Phase 2 Water Main Improvement Regional Water (CC Approved 11/15/2022) (1,945,497) - (1,945,497) Additional Funding for WA1401 San Antonio Transmission Water Main Phase 2 (CC Approved 09/20/2022) (Offset by DIF contribution) 6,764,119 - 6,764,119 Additional funding for Water, Recycled Water, and Wastewater Rate Studies 98,000 - 98,000 Amendments to matters relating to sewer disposal, water supply, and water rights (CC Approved 09/20/2022) 1,465,000 - 1,465,000 Associates Classification and Compensation Study (CC Approved 01/18/2022) 140,000 - 140,000 FY 2021-22 Gainshare Program 89,514 - 89,514 22 EXHIBIT A
59 Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2022-23
First Quarter Budget Update
OMUC Cont.

Pre-treatment Program and Civil Engineering Support Services Agreements (CC Approved 05/17/2022) 75,000 - 75,000 Recommended Personnel Changes 2,965 - 2,965 Utilities Customer Services Center Automated Mail Extraction (CC Approved 09/06/2022) 115,000 - 115,000 13,118,008 - 13,118,008 Ontario Fire Department
Additional funding for equipment to outfit Truck and Engine for Station #11 203,000 203,000 - Funding for New Billing Module for fire prevention fees 37,000 37,000 - FY 2021-22 Gainshare Program 197,396 197,396 - Purchase of ambulance (CC Approved 8/16/2022) 313,600 313,600 - Recommended Personnel Changes 144,265 144,265 - Upgrade of Plymovents at all Stations except #9 and #10. Tied to FY 2022-23 ASO #6 60,000 60,000 - Additional funding for Fire Station #11 PF2208 Equipment and Construction costs (Offset by DIF revenues) 2,000,000 - 2,000,000 GR2307 Listos California CERT Support Grant (Offset by Grant revenues) 15,000 - 15,000 2,970,261 955,261 2,015,000
23 EXHIBIT A
60 Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2022-23
First Quarter Budget Update
Ontario Police Department
Additional funding for PF2205 Women's Locker Room Expansion 36,250 - 36,250 Contract for Parking Services on C Street Parking Garage 143,000 143,000 - Funding for Internet Crimes Against Children Operational Equipment and Real Time Information Center Equipment required for testing 72,549 72,549 - FY 2021-22 Gainshare Program 368,090 368,090 - Increase in False Alarm Contract (CC Approved 06/07/2022) 87,500 87,500 - Increases for Forensic Nurse Agreement, AFR Engine Agreement, and Hawks Analytics Subscription 31,995 31,995 - Peer Support Program Increase in Cost 50,000 50,000 - Purchase of five vehicles, equipment, and needed training for newly added positions 399,328 399,328 - Recommended Personnel Changes 644,030 644,030 - Purchase of new helicopter funding from the Public Safety equipment reserve (CC Approved 09/06/2022) (Offset by $2.2M sale of helicopter) 6,252,341 - 6,252,341 GR2313 Ride-to-Live (CC Approved 03/01/2022) (Offset by Grant revenues) 28,000 - 28,000 GR2304 Justice Assistance Grant (JAG) Grant (CC Approved 07/19/2022) (Offset by Grant revenues) 47,878 - 47,878 GR2314 OTS Selective Traffic Enforcement Program (STEP) (CC Approved 03/01/2022) (Offset by Grant revenues) 700,000 - 700,000 GR2316 Urban Area Security Initiative UASI FY 2020-21 Grant - PD (CC Approved 08/16/2022) (Offset by Grant revenues) 600,000 - 600,000 9,460,961 1,796,492 7,664,469
24 EXHIBIT A
61 Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2022-23
First Quarter Budget Update
Public Works
FY 2021-22 Gainshare Program 123,750 16,458 1 07,292 Increase to concrete repairs Maintenance Services Agreement for the replacement of A-curbs throughout the City during the FY 2022-23 paving season (CC Approved 05/03/2022) 600,000 600,000 - Purchase of streetlight poles and corresponding hardware due to the high volume of damage incidents 110,000 110,000 - Funding to increase On-call Integrated Waste Consulting services for SB 1383 Organics Recycling Compliance (CC Approved 11/01/2022) 200,000 - 200,000 Leak repairs to the Historic Fountain at the Ontario Museum of Art 30,000 - 30,000 Professional design services for Celebration Park North Improvements Project, De Anza Park Splash Pad Improvements, Ontario Town Square - Green Room and Restroom Improvements, and De Anza Park Soccer Field Synthetic Turf Project 400,000 - 400,000 Professional Services Agreement for Rates Study on Integrated Waste Funds 75,000 - 75,000 Purchase of two 5-ton HVAC units for the fiber optic facility 40,000 - 40,000 Recommended Personnel Changes 131,094 - 131,094 Reduction to PA2301 John Galvin Park New Restroom (Reduction of C.D.B.G. funding) (600,000) - (600,000) 1,109,844 726,458 383,386
Total Expenditures 42,161,342 5,865,245 36,296,097 Transfers-Out 26,000,000 26,000,000 - Grand Total 68,161,342$ 31,865,245$ 36,296,097$ 25 EXHIBIT A
62 FY 2020-21
Actuals
FY 2021-22
Actuals1
FY 2022-23
Adopted
% Change from
FY 2021-22
Salaries & Benefits 176,912,607$ 195,813,575$ 196,234,997$ 0.2% Operating Costs2 67,137,752$ 83,505,218$ 86,872,401$ 4.0% Total Costs 244,050,359$ 279,318,793$ 283,107,398$ 1.4% Salaries & Benefits % of Total Costs3 72.5% 70.1% 69.3% -1.1% Total FTE Count 948 849 855 0.7% Average FTE Cost 186,617$ 230,640$ 229,515$ -0.5% Non-Management FTE Count 789 704 708 0.6% Management FTE Count 159 145 147 1.4% Non-Management Ratios 83.2% 82.9% 82.8% -0.1%
Management Ratios 16.8% 17.1% 17.2% 0.7%
Staffing ratio (total personnel versus total GF operating budget) meets target of >80% Management ratio (management versus non-management) meets target of <20% 1FY 2021-22 Actuals are unaudited
2Excludes Transfers-Out, Reimbursement Agreements, Debt Service and Capital Outlay 3Salaries & Benefits % of Total Costs target is <75%
City of Ontario
General Fund Personnel Ratios
Fiscal Year 2022-23
26 EXHIBIT A
63 FY 2020-21
Actuals
FY 2021-22
Actuals1
FY 2022-23
Adopted
% Change from
FY 2021-22
Salaries & Benefits 219,595,324$ 251,750,229$ 262,771,754$ 4.4% Operating Costs 319,776,827$ 398,060,668$ 313,116,742$ -21.3% Total Operating Costs2 539,372,151$ 649,810,897$ 575,888,496$ -11.4% Salaries & Benefits % of Total Costs 40.7% 38.7% 45.6% 17.8% Total FTE Count 1,322 1,260 1,274 1.1% Average FTE Cost 166,108$ 199,802$ 206,257$ 3.2% Non-Management FTE Count 1,112 1,057 1,069 1.1% Management FTE Count 210 203 205 1.0% Non-Management Ratios 84.1% 83.9% 83.9% 0.0%
Management Ratios 15.9% 16.1% 16.1% -0.1%
Staffing ratio (total personnel versus total citywide operating budget) meets target of >80% Management ratio (management versus non-management) meets target of <20% 1FY 2021-22 Actuals are unaudited
2Excludes Transfers-Out, Reimbursement Agreements, Debt Service and Capital Outlay City of Ontario
Citywide Personnel Ratios
Fiscal Year 2022-23
27 EXHIBIT A
64 Appropriation Revenue Operating Operating Fund Balance Description Adjustments Adjustments Transfers-In Transfers-Out Impact

GENERAL FUND
Fund 1000 - General Fund
Convention Center additional funding for ballroom renovation 500,000 (500,000) Convention Center Capital Funding Carryforward from FY 2021-22 347,601 (347,601) Carryforward Encumbrances from FY 2021-22 6,487,074 - - - (6,487,074) Purchase of five vehicles, equipment, and needed training for newly added positions 399,328 - - - (399,328) Manual Carryforward from FY 2021-22 Sales Tax Incentive payments 733,360 (733,360) Contractual increase in Department citation processing fees for third-party processor and change in fee collection process from net fee reporting to gross fee reporting 18,000 18,000 - - -
Increase in abandoned shopping cart collection fees by third-party vendor 10,000 - (10,000) Manual carryforward from FY 2021-22 for Community Outreach efforts (CC Approved 02/01/2022) 250,000 - - - (250,000) Manual Carryforward from FY 2021-22 for Citywide Software Assessment for IPA 40,000 - (40,000) Manual Carryforward from FY 2021-22 for the Sewer Connection Fee Reimbursement Pilot Program (CC Approved 04/05/2022) 100,000 - (100,000) Funding for New Billing Module for fire prevention fees 37,000 - (37,000) Manual Carryforward from FY 2021-22 for Planning Department On-Call Plan Check Services 100,000 - (100,000) Upgrade of Plymovents at all Stations except #9 and #10. Tied to FY 2022-23 ASO #6 60,000 - (60,000) Purchase of ambulance (CC Approved 8/16/2022) 313,600 - (313,600) Additional funding for equipment to outfit Truck and Engine for Station #11 203,000 - (203,000) Increase to concrete repairs Maintenance Services Agreement for the replacement of A-curbs throughout the City during the FY 2022-23 paving season. (CC Approved 05/03/2022) 600,000 -
(600,000)
Purchase of streetlight poles and corresponding hardware due to the high volume of damage incidents 110,000 - (110,000) Community Development increases due to increases in construction, end of code cycle, and new code cycle 256,000 3,358,900 - - 3,102,900 Increase in False Alarm Contract (CC Approved 06/07/2022) 87,500 - (87,500) Increases for Forensic Nurse Agreement, AFR Engine Agreement, and Hawks Analytics Subscription 31,995 - (31,995) Funding for ICAC Operational Equipment and RTIC Equipment required for testing 72,549 - (72,549) Peer Support Program Increase in Cost 50,000 - (50,000) Manual Carryforward from FY 2021-22 C-block parking structure art mural and Utility Boxes 40,000 - (40,000) Manual Carryforward from FY 2021-22 Virtual Reality vendor 118,000 - ( 118,000) Manual Carryforward from FY 2021-22 for Recreation project management services 100,000 - (100,000) Contract for Parking Services on C Street Parking Garage 143,000 - (143,000) Consulting Services to rebuild Friends of the Library 50,000 - (50,000) Manual Carryforward from FY 2021-22 for Police Department contractual obligations 318,069 - - - (318,069) Manual Carryforward from FY 2021-22 for Recreations Mobile stage for Summer Concerts and special events 115,000 - (115,000) Manual Carryforward from FY 2021-22 to purchase HVAC for Museum 100,000 - - - (100,000) Manual Carryforward from FY 2021-22 Fire equipment 68,682 - - - (68,682) Pandemic Recovery Sponsorship 25,000 - - (25,000) Legal services for property acquisition 150,000 - - - (150,000) Amendment to On-Call appraisal, Project Management, Land Acquisition, Relocation, Property Management, and Architectural and Design Services (CC Approved 04/19/2022) 700,000 - - - (700,000)
Manual Carryforward from FY 2021-22 for CLC Other Professional Agreements and Materials 266,260 - - - (266,260) Recommended Personnel Changes 1,165,774 - - - ( 1,165,774) FY 2021-22 Gainshare Program 803,499 - - - (803,499) Additional Toyota Arena Revenue from FY 2021-22 - 3,890,031 - - 3,890,031 Purchase of Intranet Software 79,000 - - - (79,000) Measure Q Revenue - 20,000,000 - - 20,000,000 Measure Q Capital Transfer to Capital Projects Fund - - - 12,000,000 (12,000,000) Economic Development Transfer to Economic Development Fund 14,000,000 (14,000,000) GENERAL FUND TOTAL 15,049,291 27,266,931 - 2 6,000,000 ( 13,782,360) City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2022-23
First Quarter Budget Update
28 EXHIBIT A
65 Appropriation Revenue Operating Operating Fund Balance Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2022-23
First Quarter Budget Update

SPECIAL REVENUE FUNDS
Fund 2010 - Community Development Block Grant
Carryforward CIP Encumbrances from FY 2021-22 10,629 (10,629) Carryforward CIP Appropriations from FY 2021-22 646,934 - - - (646,934) Carryforward Grant Encumbrances from FY 2021-22 121,561 - - - (121,561) Carryforward Grant Appropriations from FY 2021-22 1,300,016 - - - ( 1,300,016) Recommended Personnel Changes (9,250) - - - 9,250 FY 2021-22 Gainshare Program 1,593 - - - (1,593) Reduction to MS2302 OntarioNet Broadband Expansion (69,066) (69,066) - - - Reduction to GR2303 Hotel Voucher Program (15,938) (15,938) - - - Reduction to PA2301 John Galvin Park New Restroom (600,000) (600,000) - - - 1,386,479 (685,004) - - (2,071,483) Fund 2020 - HOME Grants
Carryforward CIP Appropriations from FY 2021-22 1,494,385 - - - (1,494,385) Recommended Personnel Changes 21,487 - - - (21,487) MS2301 TBRA allocation 307,854 307,854 - - - 1,823,726 307,854 - - (1,515,872) Fund 2021 - Housing Grants
Carryforward Grant Appropriations from FY 2021-22 1,880,010 (1,880,010) 1,880,010 - - - (1,880,010) Fund 2210 - Measure I
Carryforward CIP Encumbrances from FY 2021-22 32,847 - - - (32,847) Carryforward CIP Appropriations from FY 2021-22 866,308 - - - (866,308) Carryforward Grant Appropriations from FY 2021-22 2,974,062 (2,974,062) 3,873,217 - - - (3,873,217) Fund 2220 - Measure I Valley Major Project
Carryforward CIP Encumbrances from FY 2021-22 13,401 13,401 - - - Carryforward CIP Appropriations from FY 2021-22 24,488,323 24,488,323 - - - 24,501,724 24,501,724 - - - Fund 2400 - General Fund Grants
Carryforward CIP Encumbrances from FY 2021-22 2,504,364 2,504,364 - Carryforward CIP Appropriations from FY 2021-22 818,403 818,403 - - - Carryforward Grant Encumbrances from FY 2021-22 160,043 160,043 - - - Carryforward Grant Appropriations from FY 2021-22 16,659,496 16,659,496 - - - Recommended Personnel Changes (42,976) - - - 42, 976 FY 2021-22 Gainshare Program 732 - - - ( 732) GR2307 Listos California CERT Support Grant 15,000 15,000 - - - GR2313 Ride-to-Live (CC Approved 03/01/2022) 28,000 28,000 - - - GR2304 Justice Assistance Grant (JAG) Grant (CC Approved 07/19/2022) 47,878 47,878 - - - GR2314 OTS Selective Traffic Enforcement Program (STEP) (CC Approved 03/01/2022) 700,000 700,000 - - - GR2312 OmniTrans Measure I Grant (CC Approved 08/16/2022) 675,582 675,582 - - - GR2316 Urban Area Security Intiative UASI FY 2020-21 Grant - PD (CC Approved 08/16/2022) 600,000 600,000 - - - 22,166,522 22,208,766 - - 42, 244 29 EXHIBIT A
66 Appropriation Revenue Operating Operating Fund Balance Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2022-23
First Quarter Budget Update
Fund 2521 - Broadband / Fiber
Carryforward Encumbrances from FY 2021-22 101,722 - - - (101,722) Carryforward CIP Encumbrances from FY 2021-22 2,757,886 - - - ( 2,757,886) Carryforward CIP Appropriations from FY 2021-22 8,862,291 - - - ( 8,862,291) Carryforward Grant Encumbrances from FY 2021-22 10,127 (10,127) Carryforward Grant Appropriations from FY 2021-22 79,286 - - - ( 79,286) FY 2021-22 Gainshare Program 3,536 (3,536) 11,814,848 - - - ( 11,814,848) Fund 2530 - Gas Tax
Carryforward Encumbrances from FY 2021-22 70,774 - - - ( 70,774) Carryforward CIP Encumbrances from FY 2021-22 16,183 (16,183) Carryforward CIP Appropriations from FY 2021-22 847,189 - - - ( 847,189) Carryforward Grant Encumbrances from FY 2021-22 25,938 (25,938) Carryforward Grant Appropriations from FY 2021-22 34,186 - - - ( 34,186) FY 2021-22 Gainshare Program 6,891 - - - ( 6,891) 1,001,161 - - - ( 1,001,161) Fund 2531 - Road Maint & Rehab Acct (SB1)
Carryforward CIP Encumbrances from FY 2021-22 539,290 - - - ( 539,290) Carryforward CIP Appropriations from FY 2021-22 2,455,275 - - - (2,455,275) Carryforward Grant Appropriations from FY 2021-22 1,332,704 - - - ( 1,332,704) Additional Construction Contract funding for the Slurry Projects and geotechnical texting services (CC Approved 07/19/2022) 123,449 - - - ( 123,449) Additional funding for the Construction of Traffic Signal Systems at Campus Avenue at Francis Street TR2001 (CC Approved 10/04/2022) 354,804 (354,804) Additional funding for the Construction of Campus Avenue at Walnut Street TR2001 (CC Approved 10/04/2022) 212,593 (212,593) Additional funding for construction Contract of ST2312 Phillips St. (Benson to Cypress) (CC Approved 07/05/2022) 91,779 (91,779) Additional funding for Construction of ST2314 Vineyard Ave. at SR-60 Sidewalk Repair (CC Approved 07/05/2022) 23,010 (23,010) Additional funding for construction of ST2315 Vintage Ave (Concours to Ontario Mills Pkwy) (CC Approved 07/05/2022) 21,555 (21,555) Additional funding for construction of ST2305 Campus Ave at Philadelphia St. (CC Approved 07/05/2022) 138,060 (138,060) Additional funding for construction of ST2306 Campus Ave. (Francis to Belmont) (CC Approved 07/05/2022) 158,875 (158,875) Additional funding for construction Contract of ST2307 Concours St (Wineville to Barrington) (CC Approved 07/05/2022) 109,453 (109,453) Additional funding for construction of ST2309 Etiwanda Ave. (Jurupa to Santa Ana) pavement (CC Approved 07/05/2022) 145,591 (145,591) Additional funding for construction of ST2311 Grove Ave. at SR-60 pavement (CC Approved 07/05/2022) 82,348 (82,348) 5,788,786 - - - ( 5,788,786) Fund 2550 - Mobile Source Air
Carryforward CIP Encumbrances from FY 2021-22 38,390 (38,390) Carryforward CIP Appropriations from FY 2021-22 653,117 - - - (653,117) 691,507 - - - ( 691,507) Fund 2600 - Special Assessment Administration
Additional Maintenance and Repairs funding for the Mill Creek Wetlands Facility (CC Approved 07/19/2022) 30,000 - (30,000) FY 2021-22 Gainshare Program 2,186 (2,186) 32,186 - - - ( 32,186) Fund 2640 - Storm Drain Maintenance
Carryforward Encumbrances from FY 2021-22 146,165 - - - (146,165) FY 2021-22 Gainshare Program 2,992 - - - ( 2,992) 149,157 - - - ( 149,157) Fund 2650 - Park Impact/Quimby
Carryforward CIP Appropriations from FY 2021-22 2,757,387 - - - ( 2,757,387) 2,757,387 - - - ( 2,757,387) SPECIAL REVENUE FUNDS TOTAL 77,866,710 46,333,340 - - ( 31,533,370) 30 EXHIBIT A
67 Appropriation Revenue Operating Operating Fund Balance Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2022-23
First Quarter Budget Update

CAPITAL PROJECT FUNDS
Fund 4010 - Capital Projects
Carryforward CIP Encumbrances from FY 2021-22 5,076,855 - - - ( 5,076,855) Carryforward CIP Appropriations from FY 2021-22 55,054,919 - - - (55,054,919) Additional funding for ST1713 Mountain Avenue and Holt Blvd Intersection Widening Project 47,912 - - - ( 47,912) Additional funding for PF2205 Women's Locker Room Expansion asphalt overlay 36,250 - - - ( 36,250) Measure Q Capital Transfer from General Fund - - 12, 000,000 - 12, 000,000 60,215,936 - 12,000,000 - ( 48,215,936) Fund 4020 - Ground Access
Carryforward CIP Appropriations from FY 2021-22 423,850 423,850 - - - 423,850 423,850 - - - Fund 4030 - Affordability In-Lieu
Carryforward Grant Appropriations from FY 2021-22 9,730,190 - - - ( 9,730,190) 9,730,190 - - - ( 9,730,190) -
Fund 4211 - General Facility Impact -
Carryforward CIP Appropriations from FY 2021-22 1,708,152 - - - ( 1,708,152) 1,708,152 - - - ( 1,708,152) Fund 4212 - Integrated Waste Impact
Carryforward Encumbrances from FY 2021-22 661,224 - - - ( 661,224) 661,224 - - - ( 661,224) Fund 4310 - OMC - Fire Impact
Carryforward CIP Encumbrances from FY 2021-22 117,465 (117,465) Carryforward CIP Appropriations from FY 2021-22 159,219 - - - ( 159,219) 276,684 - - - ( 276,684) Fund 4311 - OMC - Local Adjacent Water
Carryforward CIP Encumbrances from FY 2021-22 142,322 (142,322) Carryforward CIP Appropriations from FY 2021-22 3,375,737 - - - ( 3,375,737) 3,518,059 - - - ( 3,518,059) Fund 4312 - OMC - Local Adjacent Streets
Carryforward CIP Appropriations from FY 2021-22 6,989,052 - - - ( 6,989,052) 6,989,052 - - - ( 6,989,052) Fund 4313 - OMC - Local Adjacent Storm Drain
Carryforward CIP Encumbrances from FY 2021-22 22,955 - - - ( 22,955) Carryforward CIP Appropriations from FY 2021-22 3,653,589 - - - ( 3,653,589) Additional funding for the Professional Services Contract of the Master Plan of Drainage Update Project (CC Approved 07/19/2022) 83,758 - ( 83,758) 3,760,302 - - - ( 3,760,302) Fund 4314 - OMC - Local Adjacent Water
Carryforward CIP Appropriations from FY 2021-22 1,635,721 - - - ( 1,635,721) 1,635,721 - - - ( 1,635,721) -
Fund 4317 - OMC - Regional Streets -
Carryforward CIP Appropriations from FY 2021-22 4,761,428 - - - ( 4,761,428) 4,761,428 - - - ( 4,761,428) 31 EXHIBIT A
68 Appropriation Revenue Operating Operating Fund Balance Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2022-23
First Quarter Budget Update
Fund 4318 - OMC - Regional Water
- - - - - - - - Fund 4410 - NMC - Fire Impact
Carryforward Encumbrances from FY 2021-22 2,643,024 - - - ( 2,643,024) Carryforward CIP Encumbrances from FY 2021-22 934,041 - - - ( 934,041) Carryforward CIP Appropriations from FY 2021-22 1,786,262 - - - ( 1,786,262) Additional funding for Fire Station #11 PF2208 Equipment and Construction costs 2,000,000 2,000,000 - - - 7,363,327 2,000,000 - - ( 5,363,327) Fund 4411 - NMC - Local Adjacent Fiber
Carryforward CIP Encumbrances from FY 2021-22 297,607 - - - ( 297,607) Carryforward CIP Appropriations from FY 2021-22 1,090,244 - - - ( 1,090,244) 1,387,851 - - - ( 1,387,851) Fund 4415 - NMC - Local Adjacent Water
Carryforward CIP Encumbrances from FY 2021-22 56,186 - - - ( 56,186) Carryforward CIP Appropriations from FY 2021-22 1,442,452 - - - ( 1,442,452) Additional funding for Ontario Ranch Phase 2 Water Main Improvement (CC Approved 11/15/2022) 5,351,414 - - - ( 5,351,414) 6,850,052 - - - ( 6,850,052) Fund 4416 - NMC - Regional Fiber
Carryforward CIP Encumbrances from FY 2021-22 442,672 - - - ( 442,672) 442,672 - - - ( 442,672) Fund 4419 - NMC - Regional Streets
Carryforward CIP Appropriations from FY 2021-22 8,915,284 - - - ( 8,915,284) 8,915,284 - - - ( 8,915,284) Fund 4420 - NMC - Regional Water
Carryforward CIP Encumbrances from FY 2021-22 2,702,430 - - - ( 2,702,430) Carryforward CIP Appropriations from FY 2021-22 11,308,130 - - - (11,308,130) Reduction in funding for Ontario Ranch Phase 2 Water Main Improvement Regional Water (CC Approved 11/15/2022) (1,945,497) - - - 1, 945,497 12,065,063 - - - ( 12,065,063) -
CAPITAL PROJECT FUNDS TOTAL 130,704,847 2,423,850 1 2,000,000 - ( 116,280,997)

ENTERPRISE FUNDS
Fund 5010 - Water Operating
Carryforward Encumbrances from FY 2021-22 300,598 - - - ( 300,598) Amendments to matters relating to sewer disposal, water supply, and water rights (CC Approved 09/20/2022) 1,465,000 - ( 1,465,000) Utilities Customer Services Center Automated Mail Extraction (CC Approved 09/06/2022) 51,750 - ( 51,750) Manual Carryforward from FY2021-22 for OMUC inventory and equipment 24,460 - ( 24,460) Additional funding for Water, Recycled Water, and Wastewater Rate Studies 58,000 - ( 58,000) Associates Classification and Compensation Study (CC Approved 01/18/2022) 70,000 - ( 70,000) Acquisition of a CIS Consulting Review based on the FY 2022-23 Utility Customer Service ASO goal 33,750 - ( 33,750) Recommended Personnel Changes 2,965 - - - ( 2,965) FY 2021-22 Gainshare Program 64,481 - - - ( 64,481) 2,071,004 - - - ( 2,071,004) 32 EXHIBIT A
69 Appropriation Revenue Operating Operating Fund Balance Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2022-23
First Quarter Budget Update
Fund 5011 - Water Capital
Carryforward Encumbrances from FY 2021-22 22,377 - - - ( 22,377) Carryforward CIP Encumbrances from FY 2021-22 19,556,737 - - - ( 19,556,737) Carryforward CIP Appropriations from FY 2021-22 28,297,667 - - - ( 28,297,667) Additional Funding for WA1401 San Antonio Transmission Water Main Phase 2 (CC Approved 09/20/2022) 6,764,119 6,764,119 - - - Additional Funding for WA1401 San Antonio Transmission Water Main Phase 2 (CC Approved 09/20/2022) 569,338 569,338 - Additional Funding for WA1401 San Antonio Transmission Water Main Phase 2 (CC Approved 09/20/2022) 6,194,781 6,194,781 - Additional Funding for construction of WA1902 Pressure Reduction Station Rehab (CC Approved 10/18/2022) 887,493 - (887,493) FY 2021-22 Gainshare Program 10,694 - - - (10,694) 55,539,087 6,764,119 - - (48,774,968) Fund 5110 - Sewer Operating
Carryforward Encumbrances from FY 2021-22 95,717 - - - (95,717) Utilities Customer Services Center Automated Mail Extraction (CC Approved 09/06/2022) 26,450 - (26,450) Additional funding for Water, Recycled Water, and Wastewater Rate Studies 40,000 - (40,000) Pre-treatment Program and Civil Engineering Support Services Agreements (CC Approved 05/17/2022) 75,000 - (75,000) Associates Classification and Compensation Study (CC Approved 01/18/2022) 70,000 - (70,000) Acquisition of a CIS Consulting Review based on the FY 2022-23 Utility Customer Service ASO goal 17,250 - (17,250) FY 2021-22 Gainshare Program 11,607 - - - (11,607) 336,024 - - - (336,024) Fund 5111 - Sewer Capital
Carryforward CIP Encumbrances from FY 2021-22 212,527 - - - (212,527) Carryforward CIP Appropriations from FY 2021-22 10,317,529 - - - (10,317,529) FY 2021-22 Gainshare Program 2,732 (2,732) 10,532,788 - - - (10,532,788) -

Fund 5210 - Integrated Waste -
Carryforward Encumbrances from FY 2021-22 2,344,263 - - - (2,344,263) Carryforward CIP Encumbrances from FY 2021-22 591,951 - - - (591,951) Carryforward CIP Appropriations from FY 2021-22 824,148 - - - (824,148) Carryforward Grant Appropriations from FY 2021-22 62,866 62,866 - - - Manual Carryforward from FY 2021-22 for Landfill Disposal Services 519,484 - - - (519,484) Funding to increase On-call Solid Waste Consulting services for SB 1383 Organics Recycling Compliance (CC Approved 11/01/2022) 200,000 - (200,000) Professional Services Agreement for Rates Study on Integrated Waste Funds 75,000 - (75,000) Manual Carryforward from FY 2021-22 for the Public Works Class & Compensation Study 60,000 - (60,000) Utilities Customer Services Center Automated Mail Extraction (CC Approved 09/06/2022) 36,800 - (36,800)
Manual Carryforward from FY 2021-22 for Landfill Disposal 850,615 - - - (850,615) Acquisition of a CIS Consulting Review based on the FY 2022-23 Utility Customer Service ASO goal 24,000 - (24,000) Recommended Personnel Changes 54,369 - - - (54,369) FY 2021-22 Gainshare Program 64,210 - - - ( 64,210) 5,707,706 62,866 - - (5,644,840) Fund 5211 - Integrated Waste Facilities
Carryforward CIP Appropriations from FY 2021-22 55,168 (55,168) 55,168 - - - ( 55,168) ENTERPRISE FUNDS TOTAL 74,241,777 6,826,985 - - ( 67,414,792) 33 EXHIBIT A
70 Appropriation Revenue Operating Operating Fund Balance Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2022-23
First Quarter Budget Update

INTERNAL SERVICE FUNDS
Fund 6010 - Equipment Services
Carryforward Encumbrances from FY 2021-22 874,657 - - - ( 874,657) Carryforward CIP Appropriations from FY 2021-22 149,588 - - - ( 149,588) Manual Carryforward from FY 2021-22 for Citywide fleet vehicle purchases and outfitting costs 4,732,490 - - - ( 4,732,490) Purchase of new helicopter and sale of existing helicopter (CC Approved 09/06/2022) 6,252,341 2,152,341 ( 4,100,000) FY 2021-22 Gainshare Program 17,165 - - - ( 17,165) 12,026,241 2,152,341 - - ( 9,873,900) Fund 6020 - Information Technology
Telecomm charges moved to IT budget for budget adoption 217,387 (217,387) Carryforward Encumbrances from FY 2021-22 611,984 - - - ( 611,984) Carryforward CIP Encumbrances from FY 2021-22 1,893,326 - - - ( 1,893,326) Carryforward CIP Appropriations from FY 2021-22 5,386,092 - - - (5,386,092) Reduced ISF to Return Telecomm Budget to Broadband - (300,000) (300,000) Financial System incremental licensing fee increase (CC Approved 08/16/2022) 175,559 - (175,559) Manual Carryforward from FY 2021-22 for IT Professional Service Agreements, Maintenance and Equipment 573,107 - - - (573,107) Recommended Personnel Changes 20,031 - - - (20,031) FY 2021-22 Gainshare Program 32,002 - - - (32,002) 8,909,488 (300,000) - - (9,209,488) Fund 6030 - Facilities & Parks Maintenance
Carryforward Encumbrances from FY 2021-22 1,157 (1,157) Carryforward CIP Encumbrances from FY 2021-22 275,668 - - - (275,668) Carryforward CIP Appropriations from FY 2021-22 8,120,024 - - - (8,120,024) Professional design services for Celebration Park North Improvements Project, De Anza Park Splash Pad Improvements, Ontario Town Square - Green Room and Restroom Improvements, and De Anza Park Soccer Field Synthetic Turf Project. (CC Approved 11/01/2022) 400,000 - (400,000) Manual Carryforward from FY 2021-22 for Office Equipment & Furniture Budget for the purchase of a portable generator (CC Approved 06/07/2022) 125,000 - (125,000) Purchase of two 5-ton HVAC units for the fiber optic facility 40,000 - (40,000) Leak repairs to the Historic Fountain at the Ontario Museum of Art 30,000 - (30,000) Recommended Personnel Changes 76,725 - - - (76,725) Museum accreditation related facility upgrades 450,000 (450,000) FY 2021-22 Gainshare Program 17,986 - - - (17,986) 9,536,560 - - - (9,536,560) Fund 6110 - Workers Compensation
Recommended Personnel Changes 31,504 - - - (31,504) 31,504 - - - (31,504) Fund 6111 - General Liability
Recommended Personnel Changes 51,204 - - - (51,204) FY 2021-22 Gainshare Program 1,607 (1,607) 52,811 - - - (52,811) Fund 6112 - Disability / Unemployment Insurance
FY 2021-22 Gainshare Program 1,124 (1,124) 1,124 - - - (1,124) 34 EXHIBIT A
71 Appropriation Revenue Operating Operating Fund Balance Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2022-23
First Quarter Budget Update
Fund 6210 - Economic Development Fund
Carryforward CIP Appropriations from FY 2021-22 8,531,001 - - - (8,531,001) Property Acquisition for 125 North Euclid Avenue (CC Approved 08/16/2022) 675,000 (675,000) Economic Development Transfer from General Fund 14,000,000 14,000,000 9,206,001 - 14,000,000 - 4,793,999 -
INTERNAL SERVICE FUNDS TOTAL 39,763,729 1,852,341 14,000,000 - (23,911,388) TOTAL CITY FUNDS BUDGET ADJUSTMENTS 337,626,354 84,703,447 26,000,000 26,000,000 (252,922,907) -
Fund 2310 - Ontario Housing Authority -
Carryforward CIP Appropriations from FY 2021-22 7,052,532 - - - (7,052,532) Carryforward Grant Appropriations from FY 2021-22 5,000,000 (5,000,000) Recommended Personnel Changes (44,123) - - - (20,926) FY 2021-22 Gainshare Program 3,060 (3,060) Contribution from Affordability In-Lieu to Ontario Housing Authority for property acquisitions 9,000,000 9,000,000 - 21,011,469 9,000,000 - - (12,011,469) -
Fund 2320 - Housing Asset Fund -
Carryforward CIP Encumbrances from FY 2021-22 4,556 (4,556) 4,556 - - - (4,556) -
AGENCY FUNDS TOTAL 21,016,025 9,000,000 - - (12,016,025) -
TOTAL ALL FUNDS BUDGET ADJUSTMENTS 358,642,379 93,703,447 26, 000,000 26, 000,000 ( 264,938,932) 35 EXHIBIT A
72 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:

A DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF21-006) BETWEEN THE CITY OF ONTARIO AND DPIF3 CA 36 ONTARIO RANCH LLC., FOR FACILITY CONSTRUCTION ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO.

PDEV22-001), LOCATED AT THE NORTHWEST CORNER OF HAMNER AVENUE AND ONTARIO RANCH ROAD, WITHIN PLANNING AREA 7A (LIGHT INDUSTRIAL) LAND

USE DISTRICT OF THE RICH HAVEN SPECIFIC PLAN

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve the Development Impact Fee Credit Agreement (File No. PDIF21-006) between the City of Ontario and DPIF3 CA 36 Ontario Ranch LLC., for facility construction associated with a Development Plan (File No. PDEV22-001), located at the northwest corner of Hamner Avenue and Ontario Ranch Road, within Planning Area 7A (Light Industrial) land use district of the Rich Haven Speciﬁc Plan, and authorize the City Manager to execute the Agreement.

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:

Approval of the proposed Development Impact Fee (“DIF”) Credit Agreement (File No. PDIF21-006) will result in no ﬁscal impact to the City’s General Fund. The project’s Development Agreement (File No. PDA20-002) and related Conditions of Approval (COA) for the Development Plan (File No. PDEV22-001) require DPIF3 CA 36 Ontario Ranch LLC (“Developer”) to construct DIF Program infrastructure with an estimated cost of $11,283,229. The proposed DIF Credit Agreement deﬁnes the amount of DIF Credit that the Developer may be eligible to receive for construction of these improvements. The DIF Credit that the Developer will receive upon completion of the improvements may be exchanged for a refund of DIF that was paid by the Developer (up to the Developer’s maximum DIF obligation) in the respective DIF category.

73 BACKGROUND & ANALYSIS:

On June 1, 2021, the City Council adopted Ordinance No. 3184, approving a Development Agreement to establish the terms and conditions for the development of the project site. On August 15, 2022, the Development Advisory Board (DAB) adopted Decision No.

DAB22-028, approving a Development Plan to construct a 1,003,918 square foot industrial building on 54.28 acres of land generally located at the northwest corner of Hamner Avenue and Ontario Ranch Road, within Planning Area 7 (Light Industrial) land use district of the Rich Haven Speciﬁc Plan.

Per the Development Agreement and COA, the Developer is required to construct DIF Program infrastructure to serve the Development Plan, which includes the construction and completion of storm drain, street improvements, traﬃc signals, water and recycled water, sewer, and ﬁber optic facilities located along Mill Creek Avenue, Ontario Ranch Road, Hamner Avenue, and Schafer Avenue, within the Rich Haven Specific Plan development area.

Pursuant to the City’s adopted DIF Credit policies, construction of DIF Program facilities requires the Developer and the City to enter into a DIF Credit Agreement (“Agreement”). The terms of the proposed Agreement specify the deﬁned portion of the infrastructure to be constructed by the Developer in the Local Adjacent or Regional DIF categories and includes an estimate of the maximum DIF Credit (not reimbursement) that may be applied in the respective Local Adjacent or Regional DIF category. This infrastructure is within Ontario Ranch Local Adjacent Storm Drain, Streets, Water, Sewer and Fiber Optic System categories. Since the maximum eligible costs in the Agreement for the required infrastructure exceeds the Developer’s DIF obligation, the Developer is eligible to receive DIF Credit under the proposed Agreement.

The proposed Agreement complies with the City’s DIF policies and is in conformance with the approved Development Agreement and related conditions. Under the provisions of the City’s DIF Program, the City Manager is authorized to execute such agreements upon approval by the City Council.
74 Department: Engineering
Prepared By: Bryan Lirley
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Khoi Do, Khoi Do
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:

A PROFESSIONAL SERVICES AGREEMENT WITH DANKEN, INC. FOR ON-CALL

STRUCTURAL INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager or designee to execute a ﬁve-year Professional Services Agreement (on ﬁle in the Records Management Department) with Danken, of Ladera Ranch, California, to provide On-Call Structural Inspection and Construction Management Services for a not-to-exceed amount of $1,600,000.

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)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The Agreement is for a three-year term with a two-year extension. The term is $600,000 for the ﬁrst year and $500,000 for the second and third years with an overall not-to- exceed amount of $1,600,000. The Fiscal Year 2022-23 Adopted Operating Budgets includes appropriations for such services. This fund is covered by revenue received from fees collected from applicants for inspection services. Any subsequent amendments will be consistent with the adopted budget for that year.

BACKGROUND & ANALYSIS:

Due to the volume and timing of construction, specialized structural inspection services will be needed to supplement the City’s in-house inspection Staﬀ. This will allow the City to maintain the schedule commitments to support development-related construction activities and to ensure that construction progresses in compliance with City requirements.

The City solicited proposals from qualified firms; responses from the following were evaluated:
75 COMPANY

LOCATION
4LEAF, Inc.

Newport Beach, CA
EXP
San Bernardino, CA
Grace Testing & Inspection
Cypress, CA
Moote Companies, LLC
Irvine, CA
SYRUSA Engineering, Inc.

Ontario, CA
Danken
Ladera Ranch, CA

Using a quality-based selection, a panel of City Staﬀ reviewed the proposals and Danken was determined to be the most qualiﬁed ﬁrm. They are being recommended based on their broad range of expertise, as demonstrated by their services provided to municipal agencies and capability to perform the work in a timely manner.
76 Department: Community Life & Culture
Prepared By: Marissa Kucheck
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:

A GOODS AND SERVICES AGREEMENT FOR FURNITURE DESIGN FOR THE BUILT

ON WATER EXHIBIT

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or designee to execute a Goods and Services Agreement with K2 Design and Fabrication of Norco, California for furniture for the Built on Water exhibit at the Ontario Museum of History and Art, for a total not to exceed amount of $269,563.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

The Goods and Services Agreement has a not to exceed amount of $269,563.

Appropriations of $195,595 were included in the Fiscal Year 2022-23 Adopted Budget as part of the exhibition development and design under CIP Fund PF1903 to fund this project. The remaining $73,968 will be paid out of the Museum's Fiscal Year 2022-23 adopted General Fund grants budget and will be reimbursed through a grant from the Institute of Museum and Library Services (IMLS).

BACKGROUND & ANALYSIS:

In 2018, the Ontario Museum of History and Art received a federal grant from the Institute of Museum and Library Services (IMLS) for a new permanent exhibition, Built on Water: Ontario and Inland Southern California
. The exhibition focuses on the history and
future of water in Ontario and the surrounding region. This multi-year project supports the development of the exhibition, related programing, and technological components. To shape the narrative, the exhibition planning process brought together Museum Staﬀ, water conservation districts, researchers, local archives, school districts, as well as the Ovitt Family Community Library, Ontario Municipal Utilities Company, and residents.

City Staﬀ consulted with multiple entities throughout the planning process to bring this exhibit to fruition. The Museum is now in the ﬁnal stage of design, ready to have exhibit furniture fabricated.

In an earlier planning stage, K2 Design and Fabrication was recommended to the Museum by the Riverside Art Museum. K2 Design and Fabrication is the sole fabricator of museum exhibits located 77 in the Inland Empire. Additionally, in 2021 the Museum conducted a competitive analysis and obtained bids where K2 Design and Fabrication was the lowest bidder.

Since K2 Design and Fabrication is local, oﬀered the lowest bid on the preliminary design, and is one of the only businesses in the nation to provide this type of furniture, the Museum has determined that K2 is a logical and eﬃcient choice for the fabrication of the exhibit furniture.

Selecting K2 Design and Fabrication would also provide the Museum with timely completion. The Built on Water exhibit is scheduled to open in March 2023. Grant funds must be fully utilized by March 30, 2023 to ensure compliance with federal grant requirements of the IMLS grant awarded for the project in 2018.

Staﬀ requests that City Council authorize the execution of a Goods and Services Agreement with K2 Design and Fabrication for fabrication services for the Built on Water exhibit. 78 Department: Utilities
Prepared By: Thomas Palmieri
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:

TWO AMENDMENTS FOR THE EQUIPPING OF WELL NO. 43 PROJECT

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

B
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The proposed Amendment No. 3 to AKM Consulting Engineers Inc. increases the existing Agreement amount by $39,908, for a total revised Agreement amount of not-to-exceed $448,187. The proposed Amendment No. 4 to Bay Alarm Company increases the existing Agreement by $25,271, for a total revised Agreement amount of not-to-exceed $876,262. The total cost for the recommended action is $65,179.

The Fiscal Year 2021-22 Adopted Capital Improvement Program includes appropriations from the Water Capital Fund and the New Model Colony (NMC) Local Adjacent Water Fund for this project, which will be included in the project carryover process in the Fiscal Year 2022-23 First Quarter Budget Update Report. There is no impact to the General Fund. 79 BACKGROUND & ANALYSIS:

The City currently has seventeen (17) active groundwater wells. The City’s Water Master Plan identiﬁed the need for additional wells to pump groundwater to meet the future water demands of Ontario Ranch and expand existing water supply capacity and reliability.

Pursuant to the First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve an Easterly Portion of the NMC and per the NMC Construction Agreement, the NMC Builders are responsible for funding the drilling and equipping of three groundwater wells as a requirement for development in Ontario Ranch. Two wells have been completed with Well No. 43 being the third and ﬁnal well, which is located along Airport Drive, east of Haven Avenue.

On August 17, 2021, Council authorized the award of a construction contract and approval of several construction services amendments for the Equipping of Well No. 43 Project in the amount of $5,417,835. The work proposed under these contract/amendments included the equipping of Well No. 43 with the installation of: a well pump and motor; onsite disinfection equipment; an emergency stand-by generator; electrical controls; construction of building for the well equipment; and site work including perimeter fencing and landscaping. Construction management and inspection services are also needed as part of this amendment.

During construction, there has been an increase of vagrancy, theft, and property damage at multiple well and treatment sites throughout the City that have resulted in losses of approximately $200,000. To improve security, it is recommended that Well No. 43 have a high-deﬁnition security camera system installed on-site. This increased connectivity to OMUC facilities will allow City Staﬀ to recognize potential intruders and allow for faster response times by the Ontario Police Department.

In addition to the installation of a site security system, this project will require additional construction management and inspection time from AKM Consulting Engineers Co. as a result of some material delays from various manufacturers and additional time granted to the contractor.

This will result in a revised project completion date from October 4, 2022, to early 2023. 80 Department: Engineering
Prepared By: Bryan Lirley
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Khoi Do, Khoi Do
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:

A PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR ON-CALL

STRUCTURAL PLAN CHECKING SERVICES

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager or designee to execute a ﬁve-year Professional Services Agreement (on ﬁle in the Records Management Department) with 4Leaf, of Newport Beach, California, to provide On-Call Structural Plan Checking Services for a not-to-exceed amount of $300,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The Agreement is for a three-year term with a two-year extension. The term is $100,000 per year with an overall not-to-exceed amount of $300,000. The Fiscal Year 2022-23 Adopted Operating Budget includes appropriations for such services. This fund is covered by revenue received from fees collected from applicants for plan check services on an as needed basis.

Any subsequent amendments will be consistent with the adopted budgets for those fiscal years.

BACKGROUND & ANALYSIS:

Due to the volume and timing of development anticipated within the City, and the specialized nature of structural plan checking services, approval of this Professional Services Agreement is needed to supplement the City’s in-house and existing consultant plan check Staﬀ. This will allow the City to maintain the schedule commitments to support development- related construction activities and to ensure that construction progresses in compliance with City requirements.

The City solicited proposals from qualified firms; and responses from the following were evaluated:

81 COMPANY

LOCATION
4LEAF, Inc.

Newport Beach, CA
Bureau Veritas
Pasadena, CA
Grace Testing & Inspection
Cypress, CA
InterWest Consulting Group
Ontario, CA
Nabih Youssef Associates
Los Angeles, CA
Superb Engineer
Fontana, CA
Using a quality-based selection, a panel of City Staﬀ reviewed the proposals and 4Leaf was determined to be the most qualiﬁed ﬁrm. They are being recommended based on their broad range of expertise, as demonstrated by their services provided to municipal agencies and capability to perform the work in a timely manner.
82 Department: Municipal Services
Prepared By: Daniel P Beers
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:

DEMOLITION OF THE BUILDINGS AND DEBRIS LOCATED ON THE PROPERTY FOR THE GRAND PARK PHASE 1

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize a 15% contingency of $705,531 to address any unforeseen issues that may arise during the demolition; and
D
.

Authorize 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.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The recommended demolition and debris removal services for the construction of The Grand Park Phase 1 is $5,409,071. If approved, appropriations of $5,409,071 in the Park Impact/Quimby Fund will be included in the Fiscal Year 2022-23 Mid-Year Budget Update.

BACKGROUND & ANALYSIS:

On December 21, 2021, the City Council approved the conceptual Master Plan and the Preliminary Park Design for Phase 1 of Grand Park. Phase 1 builds upon the framework established in the Conceptual Park Master Plan and is comprised of approximately 130 acres of land and occurs within the eastern portion of Ontario Ranch. This phase is bordered by 83 Grand Park Street to the north, Eucalyptus Avenue to the south, Haven Avenue on the east and Archibald Avenue on the west. This portion of the park incorporates a multi-use ﬁelds and a series of trail systems. The core park amenities are proposed in the center of this Phase, including a Market Alley where farmer’s markets, food trucks and community events can be organized. Phase 1 of the Grand Park also includes a community barn and farm hub, kids’ corral (a children’s playground), and an amphitheater along the Central Plaza.

The ﬁrst step towards construction of the Grand Park Phase 1 includes demolition and removal of existing debris and structures on the property. On October 25, 2022, the City solicited proposals for the demolition of the structures located on the Grand Park. Five (5) bids were received. Interior Demolition Earthwise Demo JV of Montrose, California, was the apparent low bidder at $4,248,870.

Interior Demolition Earthwise Demo JV was disqualiﬁed when it was established that they did not submit a hard copy of the bid bond, which is required per the bidding documents. Resource Environmental, Inc. of Cerritos, California, was then the new apparent lowest responsive bidder at $4,703,540.

Staff then reviewed the remaining bids and found they met the bid criteria and standards necessary to perform the work.

Vendor
Location
Bid Amount
Interior Demolition Earthwise
Demo JV
Montrose, California
$4,248,870
Resource Environmental, Inc.

Cerritos, California
$4,703,540
BHL Industries
Lynwood, California
$6,225,000
American Wrecking, Inc.

South El Monte, California
$6,296,700
Integrated Demolition and
Remediation, Inc.

Anaheim, California
$9,357,650
Resource Environmental, Inc. located in Cerritos, California, submitted the lowest responsive bid with a base cost of $4,703,540. Based on the proposal, credentials, pricing and favorable reference checks, staﬀ recommends awarding Construction Contract D&C21-005 – Grand Park Phase 1 Demolition to Resource Environmental, Inc and anticipates the demolition to be completed by Spring of 2023.
84 Department: Utilities
Prepared By: Omar Gonzalez
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT:

A CONSTRUCTION CONTRACT, A PROFESSIONAL SERVICES AGREEMENT AND TWO AMENDMENTS FOR THE ONTARIO RANCH PHASE 2 WATER MAIN

IMPROVEMENTS PROJECT

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

B
.

C
.

Approve and authorize the City Manager, or his designee, to execute Amendment No. 13 to the Professional Services Agreement (on ﬁle in the Records Management Department) with Infrastructure Engineering Corporation (IEC), of Irvine, California, for a total not-to-exceed amount of $93,401 for construction engineering services and a term of 260 calendar days after issuance of notice to proceed for geotechnical and material testing services.

D
.

Approve and authorize the City Manager, or his designee, to execute Amendment No. 8 to the Professional Services Agreement (on ﬁle in the Records Management Department) with Wallace and Associates Consulting, Inc. of Murrieta, California, for a total not-to-exceed amount of $235,013 for construction management services and a term of 260 calendar days.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public 85 Facilities)
FISCAL IMPACT:

The recommended contract award to Norstar Plumbing and Engineering, Inc. is for $9,906,053 plus a 10% contingency of $990,605, for a total amount not-to-exceed $10,896,658. The proposed Professional Services Agreement with GeoTek, Inc. is for a not-to-exceed amount of $160,918. Proposed Amendment No. 13 for IEC increases the existing agreement amount by $93,401, for a total revised agreement amount of not-to-exceed $2,393,670. Proposed Amendment No. 8 for Wallace and Associates increases the existing agreement amount by $235,013, for a total revised agreement amount of not-to-exceed $1,814,213. The total cost for the recommended action is $11,385,990.

Euclid Land Ventures, LLC. (ELV) have agreed to provide funds for these improvements in accordance with Development Agreement PDA19-001. The Fiscal Year 2022-23 Adopted Capital Improvement Program includes appropriations from New Model Colony (NMC) Regional Funds in the amount of $7,980,073. If approved, additional appropriations in the amount of $3,405,917 from the NMC Regional and Local Adjacent Development Impact Fund will also be included in the Fiscal Year 2022-23 First Quarter Budget Update Report to City Council. NMC Regional provides 53% of the funding and NMC Local Adjacent provides 47% of the funding for this project (DIF Project No.

WT-010, WT-009 and Capital Improvement Project No. WA2004). There is no impact to the General fund.

BACKGROUND & ANALYSIS:

The City’s Water Master Plan identiﬁes backbone water infrastructure improvements that are needed to meet the future water demands of Ontario Ranch. Pursuant to Development Agreement PDA19-001, ELV agreed to fund the design, construction, and construction services of various backbone water infrastructure improvements to support ongoing industrial developments in southwestern Ontario Ranch, including Ontario Ranch Phase 2 Water Main Improvements. This project will supply potable water to the 925’ Pressure Zone from an existing 1010’ Pressure Zone source on Chino Avenue west of the Cucamonga Creek Channel to a connection point at the intersection of Grove Avenue and Eucalyptus Avenue.

The work under this Contract will consist of the construction of approximately 7,920 linear feet of 30-inch diameter cement coated steel potable water transmission main on Grove Avenue between Eucalyptus Avenue and Chino Avenue, approximately 8450 linear feet of 18-inch diameter cement coated steel potable water transmission main on and Chino Avenue between Grove Avenue and the Cucamonga Creek, construction of a pressure reducing station (PRS) at the intersection of Grove and Chino Avenues, installation of appurtenances, connections to the existing potable water system, pavement repair, and striping restoration (Exhibit A).

On August 25, 2022, eight (8) bids were received for Bid No. 1555 Ontario Ranch Phase 2 Water Main Improvements, OMUC Contract No. UT1050. The bids ranged from a low bid amount of $9,906,053 to a high bid amount of $13,925,130.

The lowest four (4) bids are summarized below:

86 Bidder
Location
Amount
Norstar Plumbing and
Engineering, Inc.

Alta Loma, CA
$9,906,053
Weka, Inc.

San Bernardino, CA
$10,33,0244
T. E. Roberts, Inc.

Irvine, CA
$12,676,684
Christensen Bros. General
Engineering, Inc.

Apple Valley, CA
$12,949,644

Support services will be required during construction of the Ontario Ranch Phase 2 Water Main Improvements project. On August 8, 2022, the City received eleven (11) proposal for material testing and geotechnical Engineering Services. After review, Staﬀ recommends that a Professional Services Agreement be awarded to GeoTek, Inc. to provide material testing and geotechnical engineering services. IEC will provide construction engineering services as they are the Engineer of Record for the Project. The City ﬁrst contracted with IEC in May of 2019, after an extensive Request for Proposal selection process for On-Call Design Services. Wallace and Associates Consulting Inc. will provide construction management services. The City ﬁrst contracted with Wallace and Associates Consulting Inc. in October of 2019, after an extensive Request for Proposal selection process for On-Call Support Services.

ENVIRONMENTAL REVIEW:

The proposed Project is a component of the 2012 Infrastructure Master Plans that was approved by the City Council on December 4, 2012. A Mitigated Negative Declaration (MND) was prepared and approved for the 2012 Infrastructure Master Plans pursuant to the provisions of CEQA. The MND addressed the drainage, sewer, water and recycled water master plans (2012 Infrastructure Master Plans) including their alignments, pipe sizes and installation for the City. No revisions or modiﬁcations have been made in regard to the proposed Project, and the approved MND continues to constitute an accurate and complete assessment of the proposed Project. Staﬀ has analyzed the proposed Project and has determined that there is no deviation from the description of this component of the overall 2012 Infrastructure Master Plans.

Thus, no further CEQA analysis is required.
87 OMUC CONTRACT NO. UTI0S0 n O \j • " 11 • 0
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ONTARIO RANCH PHASE 2 -=:;- < 0 ,, r � " "

WATER MAIN IMPROVEMENT PROJECT
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• • • Exhibit A
88 Department: Utilities
Prepared By: Jonathan Yang
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT:

AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT FOR LAUREL

AVENUE, SULTANA AVENUE, AND NOCTA STREET SEWER MAIN IMPROVEMENTS

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2021-22 Capital Improvement Program includes appropriations in the amount of $215,000 from the Sewer Capital Fund for this project, which will be included in the project carryover process in the Fiscal Year 2022-23 First Quarter Budget Update Report. If approved, additional appropriations in the amount of $157,026 from the Sewer Capital Fund will be included in the Fiscal Year 2022-23 Mid-Year Budget Update Report to City Council.

The proposed Amendment in the amount of $372,026 will increase the current total not-to exceed authorization for the On-Call Agreement from $2,393,700 to $2,765,726. The City and Infrastructure Engineering Corporation (IEC) have agreed to the ﬁxed billing rates and IEC will be compensated for completion of the scope of work at the approved billing rates. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City’s sewer system includes approximately 440 miles of pipeline.

The Sewer Master Plan (SMP) identiﬁes various capital needs which are prioritized based on existing 89 capacity deﬁciencies and deterioration, improvements for future growth, and the current level of maintenance activities required to provide adequate and reliable service.

Using the Sewer Master Plan in conjunction with maintenance data, Staﬀ has identiﬁed the need to upgrade existing sewer infrastructure within the downtown area. Speciﬁcally, existing sewer mains along an alley east of Laurel Avenue, between G Street and Holt Boulevard and within the Civic Center, west of Sultana Avenue are proposed to be diverted into larger diameter mains to alleviate excessive demand on the existing system. Diversion of these ﬂows and construction of the new sewer mains will facilitate revitalization opportunities in the vicinity of these projects. The Sultana Avenue sewer main will only be required if the existing sewer location conﬂicts with the ﬁnal design of the new Fire Station #1 and Civic Center Parking Structure.

Design of the Laurel Avenue sewer main will consist of 3,035 linear feet of 10” sewer main from G Street to Euclid Avenue. This will divert ﬂows north of G Street from the existing aged sewer main constructed in 1895 from the alley to the new Laurel Avenue sewer main (see Exhibit “A”). Design of the Sultana Avenue sewer main will consist of 1,513 linear feet of 10” sewer main from Cherry Avenue to B Street. This will divert ﬂows north of D Street from Cherry Avenue to the new Sultana Avenue sewer main (see Exhibit “B”).

Staﬀ has also identiﬁed that the Nocta Street sewer main is an area of concern and has historically required extensive maintenance and repair. The existing sewer main is not optimized because it requires regular cleaning and is very diﬃcult to access due to the location as it runs through an apartment complex south of Nocta Street.

A sewer analysis for the sewer diversion in Nocta Street and Allyn Avenue has been completed. The intent of the study was to analyze the capacity of diverting the sewer ﬂow in Nocta Street and Allyn Avenue downstream to the existing sewer in Holt Boulevard. Based on the results that were collected, the sewer diversion will allow for a more optimized system, alleviate the sewer ﬂows into the aged sewer main constructed in 1949, and reduce the need of regular cleaning and potential threats to overﬂow. The design of the Nocta Street sewer main will consist of 1,350 linear feet of 8” sewer main from Nocta Street to Allyn Avenue (see Exhibit “C”).

The scope of the design services for the project will be separated into three design and construction packages for Laurel Avenue Sewer Main Improvements, Sultana Avenue Sewer Main Improvements, and Nocta Street Sewer Main Improvements, respectively. Each project scope will include utility research, preliminary engineering, design, development of bid packages for construction, and bid support services.

In May of 2019, the City Council awarded on-call design services with Infrastructure Engineering Corporation and two other consultants. Infrastructure Engineering Corporation and the other consultants were selected using a qualiﬁcation-based selection process. The agreements were awarded as three-year agreements with two (2) additional one (1) year periods consistent with Council approved budgets. As projects arise, Staﬀ will request proposals from the consultants and amend the original agreement with revised scopes of works and costs.

On August 1, 2022, Staﬀ solicited proposals from these On-Call Consultants for engineering services 90 for these sewer main improvement projects. On September 1, 2022, the City received the following two (2) qualiﬁed proposals in response to the Request for Proposals (RFP) for UT 1067 Laurel Avenue Sewer Main Improvements, UT 1069 Sultana Avenue Sewer Main Improvements, and UT 1070 Nocta Street Sewer Main Improvements:

FIRM

LOCATION
Infrastructure Engineering Corporation (IEC)
Irvine, CA
Stantec Consulting Services, Inc.

Irvine, CA

Staﬀ has reviewed the proposals and recommends IEC based upon an understanding of the project scope and the City’s needs, and criteria speciﬁed in the RFP. After careful evaluation, IEC was selected as best overall respondent. Staff is, therefore, recommending the proposed amendment to Infrastructure Engineering Corporation based on their understanding of the project scope and their approach in this project.
91 ®
OMUC CONTRACT NO. UT1067

CITY OF ONTARIO

LAUREL AVENUE SEWER MAIN

IMPROVEMENTS
Document Path: S:\OMUC\40000 ENGINEERING\42000 CIP\Active Projects\UT1067.Laurel Avenue Sewer Main Improvements\Agenda Exhibit\Agenda Map UT1067 Laurel Avenue Sewer Main Improvements - Pg 1 - AR.mxd EXHIBIT"A"
92 ®
OMUC CONTRACT NO. UT1069

CITY OF ONTARIO
SULTANA AVE. SEWER MAIN

IMPROVEMENTS
Document Path: S:\OMUC\40000 ENGINEERING\42000 CIP\Active Projects\UT1069.Sultana Avenue Sewer Main Improvements\Agenda Exhibit\Agenda Map UT1069 Sultana Avenue Sewer Main Improvements - Pg 1 - AR.mxd EXHIBIT "B"
93 ®
OMUC CONTRACT NO. UT1070

CITY OF ONTARIO

NOCTA STREET SEWER MAIN

IMPROVEMENTS
Document Path: S:\OMUC\40000 ENGINEERING\42000 CIP\Active Projects\UT1070.Nocta Street Sewer Main Improvements\Agenda Exhibit\Agenda Map UT1070 Nocta Street Sewer Main Improvements - Pg 1 - AR.mxd EXHIBIT "C"
94 Department: Records Management
Prepared By: Claudia Y Isbell
Staff Member Presenting:

Ruben Duran, City Attorney
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:

AN ORDINANCE ADOPTING A MAP FOR THE DISTRICT-BASED ELECTIONS UNDER

THE CALIFORNIA VOTING RIGHTS ACT

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt an Ordinance adding

a new article 3 to title 2 of
volume 1 of the Ontario Municipal Code to change the city’s electoral system from at-large to by- district elections.

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:

There is not a direct fiscal impact associated with this Public Hearing.

BACKGROUND & ANALYSIS:

On April 19, 2022, the City Council conducted the ﬁrst of ﬁve public hearings to receive community input regarding communities of interest. The second public hearing took place on May 10, 2022, at which time Staﬀ introduced and provided a demonstration of the mapping tool that was subsequently released to the public. At that public hearing, the City Council also received input regarding communities of interest. Ten initial draft maps were made available on the City's district website on June 13, 2022, for public review. Six additional draft maps were posted on the City's district website on June 30, 2022.

On June 21, 2022, the City conducted the third Public Hearing where the City demographer presented and the City Council received input from the community. On July 5, 2022, the City conducted its fourth public hearing in the districting process. The City Attorney's Oﬃce evaluated publicly submitted comments and maps for compliance with the California Voting Rights Act and Federal Voting Rights Act, and initial draft maps were presented to Council for consideration at the fourth public hearing.

On July 19, 2022, the City conducted the ﬁfth public hearing. At the ﬁfth public hearing, the City Council provide direction to Staﬀ and the City's demographers to advance certain maps for further consideration (Map 4, Map 6, and Map 10) and to conduct additional public outreach and community engagement regarding proposed maps. Following the ﬁfth public hearing, the City held 95 seven additional community engagement meetings, three virtually (including one in Spanish), two at community centers, and two in conjunction with the Route 66 Cruisin' Reunion event. During the additional community outreach, a seventeenth map was submitted by Mr. Chris Robles, plaintiﬀ in the California Voting Rights Act demand to transition to district-based elections. Mr. Robles worked collaboratively with the Center for Community Action and Environmental Justice and the Black and Brown Alliance in creating a seventeenth map, "Map 17". The proposed election sequence for Map 17 includes District 1 and 2 in 2024 and Districts 3 and 4 in 2026.

On November 1, 2022, City Council conducted the sixth public hearing, considered the draft maps submitted, and introduced an Ordinance approving Map 17 as the ﬁnal district map. Staﬀ recommends the City Council adopt the Ordinance as presented. 96 ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW ARTICLE 3 TO TITLE 2 OF VOLUME 1 OF THE ONTARIO MUNICIPAL CODE TO CHANGE THE CITY’S ELECTORAL

SYSTEM FROM AT-LARGE TO BY-DISTRICT ELECTIONS

WITH RESPECT TO ELECTING CITY COUNCIL MEMBERS AND

MAINTAINING AN ELECTIVE MAYOR, ESTABLISHING DISTRICT

BOUNDARIES, SCHEDULING ELECTIONS WITHIN THE DISTRICTS, AND

MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City of Ontario, California (“City”) is a general law city, duly organized under the constitution and laws of the State of California; and WHEREAS, the City and its legislative body, the City Council, supports the full participation of all eligible and registered voters in electing Members of the City Council; and
WHEREAS, four of the members of the Ontario City Council are currently elected in at-large elections, in which each City Councilmember is elected by all registered voters of the entire City, with the Mayor being separately elected by all registered voters of the entire City, pursuant to California Government Code sections 34871 and 34900 et seq.; and WHEREAS, on September 28, 2016, Governor Edmund G.. Brown, Jr. signed Assembly Bill 2220 (“AB 2220”), which became effective January 1, 2017, and amended California Government Code section 34886 to authorize the City Council of any city, regardless of population size, to adopt an ordinance change to a by-district system of electing City Councilmembers, including with an elective mayor, without the need to submit such an ordinance to voters for approval; and
WHEREAS, on September 28, 2016, Governor Edmund G.. Brown, Jr. also signed Assembly Bill 350 (“AB 350”), which became effective January 1, 2017, which requires a City that changes to district-based elections to hold public hearings before and after drawing a preliminary map or maps of the proposed district boundaries, and to publish and make available for release at least one draft map and the potential sequencing of elections; and
WHEREAS, on or about March 5, 2020, the City received a complaint asserting that the City’s current at-large electoral system violates the California Voting Rights Act of 2001 (“CVRA”); and
WHEREAS, the complaint does not contain sufficient evidence of a violation of the CVRA, but the cost of defending against a lawsuit under the CVRA is extremely high, even if the City is successful, and such an expensive defense would severely burden the City’s budget and curtail the City’s ability to provide needed services to its residents; and 97 WHEREAS, on or about June 2, 2021, in order to avoid spending additional taxpayer dollars in the defense of a potentially extremely expensive lawsuit, the City Council determined that it is in the best interest of the City to enter into a settlement agreement and move from its current at-large electoral system to a by-district election for members of the City Council, with an elective mayor pursuant to California Government Code section 34886 and in furtherance of the purposes of CVRA, and to that end, the City Council has undertaken an extensive public outreach effort, including multiple workshops and public hearings, at which time the public was invited to participate and provide input as to the proposed boundaries, content and composition of the districts and the potential sequencing of elections; and
WHEREAS, under the provisions of California Election Code section 10010, a City that changes from an at-large method of election to a district-based election must do all of the following before a public hearing at which the City Council votes to approve or defeat an ordinance establishing district-based elections:
 Before drawing a draft map or maps of the proposed boundaries of the districts, the City must hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts.  After all draft maps are drawn, the City must publish and make available for release at least one draft map and the potential sequence of the elections.  The City must hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map(s) and the proposed sequence of elections. The first version of a draft map must be published at least seven days before consideration at a hearing; and WHEREAS, on February 27, 2020, the City Council adopted a Resolution of Intention, outlining the City Council’s intention to transition from at-large to district-based elections, specific steps the City Council will undertake to facilitate this transition, and an estimated time frame for doing so; and
WHEREAS, on April 5, 2022 and May 10, 2022, the City Council conducted two (2) public hearings for the purpose of soliciting public input and comments on the composition of the proposed election districts; and
WHEREAS, the City Council also conducted public workshops on April 4, 6, 11, 12, and 13, 2022, at which time the City provided information on the districting process and informed the public on ways to become involved; and
WHEREAS, on May 14, 2022 and June 4, 2022, the City conducted four (4) additional public workshops, to instruct the public in the use of the online and paper mapping tools; and
WHEREAS, ten (10) draft election district maps were placed on the City’s public webpage for public review on June 14, 2022; and
98 WHEREAS, six (6) additional draft election district maps were placed on the City’s public webpage for public review on June 28, 2022; and
WHEREAS, on September 8,10, 16, 17, 24, 2022 and October 8, 12, 22, 2022 the City conducted additional outreach in the form of community engagement meetings both in person and virtually; and
WHEREAS, as a result of the additional public meetings and community engagement, one (1) additional draft election district map was submitted by the plaintiff in the aforementioned California Voting Rights Act action to transition to by-district elections, labeled Map 17 and drafted in collaboration with the Black and Brown Alliance and the Center for Community Action and Environmental Justice; and WHEREAS, Map 17 is population balanced, draws compact, contiguous districts, respects the communities of interest identified by various speakers during the public hearing process, and recognizes the geographic integrity of the historic district in the northwest quadrant of the City and the Ontario Ranch area located in the southern portion of the City; and
WHEREAS, Map 17 was placed on the City’s public webpage for public review on October 24, 2022; and
WHEREAS, on June 21, July 5, July 19, 2022, and November 1, 2022, the City Council conducted four (4) additional public hearings, at which time all interested persons were afforded an opportunity to provide input regarding the content of the draft maps and the proposed sequence of elections, and at which time the City Council did hear and consider such public input regarding the content of the draft maps and the proposed sequence of elections; and
WHEREAS, the purpose of this ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for election of the Members of the City Council of the City of Ontario by-district in four (4) single-member districts as reflected in Exhibit A to this ordinance, and providing for the election of an elective Mayor of the City of Ontario to be elected City-wide; and
WHEREAS, pursuant to California Government Code section 34886, it is declared the change in the method of electing members of the City Council of the City of Ontario made by this ordinance is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution.

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

SECTION 1. A new Article 3 is hereby added to Title 2 of Volume 1 of the Ontario Municipal Code with the title “City Council Electoral System” to read as follows:
99 “Sec. 2-1-301 City Council Electoral System
(a) At-large election—Mayor. Pursuant to California Government Code section 34886, the mayor shall be voted on at-large. (b) City Council districts established. Four City Council districts are hereby established in the City of Ontario. The boundaries and identifying number of each district shall be as described on the Council District Map 17 attached hereto as Exhibit “A” and incorporated herein by this reference. (c) Election of members of the City Council by district.

A. Following the effective date of the ordinance codified in this section and upon the commencement of “by district” elections in the order established in section (d) of this section 2-42, members of the City Council shall be elected “by district” as defined in California Government Code Section 34871 or any successor statute. Except for the Mayor, a person shall not be eligible to be elected to be a member of the City Council unless he or she is otherwise qualified as required by law and resided in the district, and both resided in the geographical area making up the district from which he or she is nominated to be elected and was a registered voter of the City of Ontario at the time nomination papers are issued to the candidate as provided for in Section 10227 of the California Elections Code. It is the intent of the City Council, in enacting this ordinance, that no term of any member of the City Council that commences on or prior to the effective date of the ordinance codified in this section shall be affected prior to its expiration date.

B. Registered voters signing nomination papers or voting for a member of the City Council shall be residents of the geographical area making up the district from which the member is to be elected.

C. The terms of the office of each member elected to the City Council, including the Mayor, shall remain four years. (d) Commencement of district elections. It is the intent of the City Council, in enacting this ordinance, that this section shall not affect any term of office in existence or commencing on or before the effective date of the ordinance codified in this section. Commencing with the general municipal election in November of 2024 and thereafter, the voters in districts 1 (one) and 2 (two) shall elect members of the City Council by district shall be elected at large for full four-year terms. At the general municipal election in 2026 and thereafter, the voters in districts 3 (three) and 4 (four) shall elect members of the City Council and the Mayor by district for full four-year terms. 100
(e) Adjustment of boundaries.

A. Pursuant to Elections Code Section 21601, as it may be amended, the City Council shall, by ordinance or resolution, adjust the boundaries of any or all of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries so that the districts shall be as nearly equal in population as practicable and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance or resolution, adopted by the City Council before the first day of November of the year following the year in which each decennial federal census is taken. Prior to the public hearing approving the adjustment of the district boundaries, the City Council shall hold at least one public hearing on the proposed district boundaries as required by Election Code Section 21607.

B. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Election Code Section 21603, as it may be amended.

C. Pursuant to Elections Code Section 21606, the term of office of any Council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected. At the first election for Council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code Section 34882 shall be elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent’s term on the Council is due to expire. (f) Implementation. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.”
SECTION 2. Effective Date. This Ordinance shall be become effective thirty (30) days after its adoption.

SECTION 3. Inconsistencies. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City 101
ordinance, motion, resolution, rule or regulation government the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.

SECTION 4. Interpretation. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its state purposes.

SECTION 5. CEQA. Pursuant to Section 15320 of the Guidelines for the Implementation of the California Environmental Quality Act (“CEQA”), further review under CEQA is not required because the City Council action in establishing district-based elections consists of a change in the organization or reorganization of a local governmental agency where the change does not change the geographical area in which previously existing powers are exercised. Therefore, the City Council finds that it can be seen with certainty that there is no possibility that this action will result in any environmental effect.

The City Clerk is hereby directed to file a Notice of Exemption with the County Clerk within three (3) days following the date of this Ordinance.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Ontario.

SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Ontario hereby declares it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

PASSED, APPROVED AND ADOPTED on this day of _____________ 2022. ________________________________
PAUL S. LEON, MAYOR
102
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
103

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. was duly introduced at a regular meeting of the City Council of the City of Ontario held November 1, 2022 and adopted at the regular meeting held 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. _______ duly passed and adopted by the Ontario City Council at their regular meeting held ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper..
_____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
104

EXHIBIT A

ELECTION DISTRICT MAP
Map 17 – Submitted by Plaintiff Chris Robles, CCAEJ, & Brown and Black Coalition 105
Department: Planning
Prepared By: Elly Antuna
Staff Member Presenting:

Scott Murphy, AICP, Executive Community
Development Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT:

A PUBLIC HEARING TO CONSIDER A MILLS ACT CONTRACT (PRESERVATION AGREEMENT), FILE NO. PHP22-011, FOR A DESIGNATED HISTORIC PROPERTY

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The projected net impact of the proposed contract to the City is $1,083 in the ﬁrst year and approximately $10,830 over the ﬁrst ten years of the contract from a reduction in property tax revenue. This minimal reduction in property tax revenue will be accounted for in the revenue estimates as part of the annual budget process. In exchange for this property tax reduction, $154,520 in private property investments will be made over a ten-year period.

BACKGROUND & ANALYSIS:

One Mills Act contract is being proposed for this year representing a total investment of $154,520 of private funds into the City’s neighborhoods over the next ten years.

The contract calls for improvements to exterior ﬁnishes (tree maintenance and trimming, irrigation, window restoration, new roof, repairs to front concrete steps and landing), interior ﬁnishes (repair to interior ﬂooring, ceilings, and doors), and systems upgrades (electrical, plumbing and sewer line).

A Mills Act contract is a contract between the City and a property owner whereby the property owner agrees to certain improvements that preserve the historic integrity and character of the building and keep the property in good repair. In exchange for the investments, State law requires the San Bernardino County Assessor to reassess the property’s value based on an alternative formula. The new assessed value may result in a signiﬁcant reduction in the owner’s property taxes.

The Mills Act does not require investment in the property to be equal to the amount of the tax savings. The purpose is to provide a ﬁnancial incentive to the owners of historic properties to maintain their properties consistent with its historic context. 106
Upon City Council approval, the City Clerk will inform the San Bernardino County Assessor that the property owners have entered into a Mills Act contract. The contract is a perpetual 10-year contract that automatically renews annually. If a property with a recorded Mills Act contract is sold, the County of San Bernardino will continue to assess the property using the alternate formula and the new owner will be required to fulﬁll the contractual preservation agreement. A contract can be “non-renewed” by either party upon written notice. If a contract is cancelled as a result of non- compliance with the conditions of the contract, a cancellation fee of 12.5% of the market value (as of the time of cancellation) is assessed by the County Assessor and shall be paid by the property owner to the County Auditor.

The City has 82 approved Mills Act contracts and one proposed, for a total of 83 Mills Act contracts.

Of the 83 properties, six are commercial, one is multiple-family residential, and 76 are single-family residential. The contract proposed this year is an owner occupied, single-family residence. Property tax impacts are summarized below:

Existing
Proposed
Total
Number of Contracts
82 1
83 Estimated Annual Total Tax Savings to Owners
$149,684
$6,447
$156,131
Estimated Annual Cost to City (first year)
$25,147
$1,083
$26,230
Estimated Cost to City (over ten years)
$251,470
$10,830
$262,300
The estimated cost of the 83 Mills Act contracts over a ten-year period is $262,300. In exchange for this decrease in property tax revenues, approximately $3,626,540 will be reinvested into historic buildings in Ontario neighborhoods over a ten-year period – a ratio of $13.83 in private funds spent for every dollar the City foregoes in property tax revenue.

The Mills Act contract is in compliance with the provisions of Article 12 (commencing with Section 50280), Chapter 1, Part 1, Division 1, Title 5 of the Government Code of the State of California, which establishes the Mills Act program. The property is a contributor to a locally designated historic district and therefore is a qualified property eligible for a Mills Act contract.

On October 25, 2022, the Historic Preservation Commission voted unanimously (5-0) to recommend City Council approval of the proposed Mills Act contract.

ENVIRONMENTAL REVIEW:

The application was reviewed pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). Pursuant to Section 21065 of the CEQA Guidelines, the Historic Preservation Agreement (Mills Act contract) is not considered a project. Therefore, no further environmental review is required.

107
Case Planner: Elly Antuna, Associate Planner Hearing Body Date Decision Action Planning Director
Approval:

HPSC 10/13/22 Approval Recommend
PC 10/25/22 Recommend
Submittal Date: 06/30/22 CC 11/15/22 Final
F
ILES NO.: PHP22-011
S
UBJECT: A public hearing to consider a Mills Act Contract (Preservation Agreement) for a 4,379-square-foot Prairie style single-family residence, a Contributor within the College Park Historic District, located at 119 East Princeton Street, within the LDR -5 (Low Density Residential-2.1 to 5.0 du/ac) zoning district. City Council action is required.

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ROPERTY OWNER: Rafael Marquez and Jacqueline Gonzalez
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ECOMMENDED ACTION : That the Historic Preservation Commission consider and approve File No. PHP22-011 recommending approval to the City Council, pursuant to the facts and reasons contained in the staff report and attached resolution. The Historic Preservation Subcommittee reviewed this application on October 13, 2022 and is recommending approval.

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ACKGROUND: Effective March 7, 1973, Chapter 1442 of the Statutes of 1972 (also known as the Mills Act) added Sections 50280 through 50289 to the Government Code to allow an owner of a qualified historical property to enter into a preservation contract with a local government. The City of Ontario established the Mills Act program in 1997 to provide an economic inc entive for the preservation of designated historic l andmarks and/or contributing structures within a designated historic d istrict. Since inception of the City’s program, 82 Mills Act Contracts have been approved and recorded. There is one contract proposed at this time, for a single-family residence designated as a Contributor to the College Park Historic District.

I
n order for the historic property to be eligible for the program , it must meet the requirements outlined in the guidelines and standards set by the State of California, Board of Equalization, and the City’s Development Code (Sec. 4.02.065). The historic property must be either a local, state, or nationally designated property or a contributor within a locally designated historic district whereby the property owner agrees to certain improvements to restore, rehabilitate, or preserve a qualified historic building . In exchange, the San Bernardino County Tax Assessor reassesses the property’s value based on an alternative formula that may result in a significant reduction in the owner’s property taxes.

Pu
rsuant to State law, a Mills Act Contract is recorded on the property and is a perpetual 10-year contract that automatically rene ws annually, unless the property owner or the City request a notice of non -renewal. The Mills Act C ontract and all benefits and 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

HISTORIC PRESERVATION COMMISSION

STAFF REPORT
October 25, 2022
Approval
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responsibilities remain with the land, even aft er a change of ownership. If a c ontract is cancelled for any reason, including non-compliance with the conditions of the contract, or upon the request of the property owner or City, a cancellation fee of 12.5 percent of the market value (as of the time of cancellation) is assessed.

PROJECT ANALYSIS: Staff provides estimates of potential tax savings for the property owner, but ultimately, only the San Bernardino County Assessor can determine the actual Mills Act adjusted value. The Mills Act assessment involves many variables that are typically determined by market forces such as interest rates, capitalization rates, and fair market rental rates. The average property tax savings for the proposed Mills Act Contracts roughly range between 30 and 55 percent in the initial year, with a tax savings decrease each passing year. According to the Cit y budget, Ontario receives 16.8 percent of the property taxes collected. Using that percentage, staff has also calculated the estimated reduction in property tax revenue, the “City cost,” and has included that in the analysis.

Upon City Council approval, the City Clerk informs the San Bernardino County Assessor that the property has entered into a Mills Act Contract. The Assessor valuates the historic property with the Mills Act assessment the following tax year, which may differ from the Planning Department estimates.

A. FILE NO.: PHP22-011

PROPERTY OWNER: Rafael Marquez and
Jacqueline Gonzalez

LOCATION: 119 East Princeton Street

HISTORIC NAME: Benton Ballou House

DESIGNATION DATE: July 18, 2000
(College Park Historic District)

[1] Work Program — The Applicant is proposing both exterior and interior work as part of the Contract that qualifies under the guidelines and standards set by the State of California. Exterior work includes tree maintenance and trimming, irrigation, window restoration, new roof, and repairs to front concrete steps and landing. Interior work includes new plumbing, e lectrical, repair to interior flooring, ceilings, and doors. The improvements are valued at an estimated $154,520.

[2] Property Owner Savings — The following Mills Act savings to the property owner are based on estimates calculated by the Planning Department.

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Current Annual Taxes Paid: $11,557
Mills Act Annual Taxes Estimated: $5,110
Potential Total Annual Tax Savings: $6,447
Estimated Savings over 10 years: $64,470
Estimated Savings Percentage: 55.8%

[3] City Cost — According to the City budget, Ontario receives approximately

16.8 percent of the property taxes collected. The following shows the cost to the City for this contract and is based on estimates calculated by the Planning Department.

Current Annual City Tax Revenue: $1,942
Mills Act Annual City Tax Revenue Estimated: $859
Estimated Total Annual Cost to the City: $1,083
Estimated Cost to the City over 10 years: $10,830

This contract provides for $14.27 in improvements for every $1 in estimated property tax cost to the City.

(4) Cumulative Impacts – The City currentl y has 82 approved Mills Act Contracts and one proposed contract. The cumulative impacts are based on the initial projected assessment of each contract for the proposed year.

Existing Proposed
Number of contracts: 82 83
Average Estimated Annual Tax Saving to Property Owners: $1,825 $1,904 Estimated Annual Cost to the City: $25,147 $26,230
Estimated Cost to the City over 10 Years: $251,470 $262,300 Estimated Total Value of Improvements over 10 Years: $3,472,020 $3,626,540 Estimated Loss of Revenue to Improvement Ratio: $1/13.81 $1/13.83

COMPLIANCE WITH THE ONTARIO PLAN: The Mills Act Contract Program is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan (TOP). More specifically, the goals and policies of TOP that are furthered by the proposed project are as follows:

[1] City Council Goals.

 Invest in the Growth and Evolution of the City’s Economy  Operate in a Businesslike Manner
 Focus Resources in Ontario’s Commercial and Residential Neighborhoods  Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities

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[2] Policy Plan (General Plan)

Community Design Element – Historic Preservation

 Goal CD4: Historic buildings, streets, landscapes, and neighborhoods, as well as the story of Ontario’s people, businesses, and social and community organizations, have been preserved and serve as a focal point for civic pride and identity.

 CD-4.2 Collaboration with Property Owners and Developers . We educate and collaborate with property owners and developers to implement strategies and best practices that preserve the character of our historic buildings, streetscapes, and unique neighborhoods.

 CD-4.4 Incentives . We use the Mills Act and other federal, state, regional and local programs to assist property owners with the preservation of select properties and structures.

 CD-4.6 Promotion of Public Involvement in Preservation. We engage in programs to publicize and promote the City’s and the public’s involvement in preservation efforts.

Community Design Element – Protection of Investment

 Goal CD -5: A sustained level of maintenance and improvement of properties, buildings and infrastructure that protects the property values and encourages additional public and private investments.

 CD-5.1 Maintenance of Buildings and Property. We require all public and privately owned buildings and property (including trails and easements) to be properly and consistently maintained.

 CD-5.3 Improvements to Property & Infrastructure . We provide programs to improve property and infrastructure.

 CD-5.4 Neighborhood Involvement . We encourage active community involvement to implement programs aimed at the beautification and improvement of neighborhoods.

ENVIRONMENTAL REVIEW: A Mills Act Contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, therefore, is not a project subject to The California Environmental Quality Act, pursuant to Section 21065 of the California Public Resources Code.

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RESOLUTION NO. PC22-056

A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF

THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE FILE NO. PHP2 2-011, THE MILLS ACT CONTRACT FOR THE BENTON BALLOU HOUSE, LOCATED AT 119
EAST PRINCETON STREET (APN: 1047-531-31).

WHEREAS, RAFAEL MARQUEZ AND JACQUELINE GONZALEZ ("Applicant") has filed an Application for the approval of a Mills A ct Contract, File No. PHP22-011, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and

WHEREAS, the City’s character and history are reflected in its cultural, historical, and architectural heritage with an emphasis on the “Model Colony” as declared by an act of the Congress of the United States and presented at the St. Louis World’s Fair in 1904; and

WHEREAS, the City’s historical foundations should be preserved as living parts of community life and development in order to foster an understanding of the City’s past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand Ontario’s rich heritage; and

WHEREAS, the Community Development and the Aesthetic, Cultural, Open Space and Recreational Resources Elements of the Ontario Plan (Policy Plan) sets forth Goals and Policies to conserve Ontario’s historic buildings and districts; and

WHEREAS, the Benton Ballou House, a Prairie style single-family residence constructed in 1920, located at 119 East Princeton Street (APN: 1047-531-31) is worthy of preservation and was designated by City Council on July 18, 2000, as a Contributor within the College Park Historic District; and

WHEREAS, the Application is not a project pursuant to Section 21065 of the California Environmental Quality Act (Pu blic Resources Code Section 21000 et seq.) ("CEQA") Guidelines. The Mills Act Contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and

WHEREAS, Ontario Development Code Table 2.02- 1 (Review Matrix) grants the Historic Preservation Commission the responsibility and authority to review and make recommendation to the City Council on the subject Application; and

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 112
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completed; and

WHEREAS, on October 13, 2022, the Historic Preservation Subcommittee of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Decision No. HPSC22-007, recommending the Historic Preservation Commission recommend to the City Council approval of the Application; and

WHEREAS, on October 2 5, 2022, the Historic Preservation Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and

WHEREAS, the Historic Prese rvation Commission has reviewed this application and determined it to be to the mutual benefit to the City and property owner to enter into a Historic Property Preservation Agreement; and

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

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED, the Historic Preservation Commission of City of Ontario, as follows:

SECTION 1 . Environmental Determination and Findings . As the recommending body for the Project, the Historic Preservation Commission has reviewed and considered the information contained in the administrative record for the Project.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Historic Preservation Commission, the Historic Preservation Commission finds that the Mills Act Contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, therefore, is not a project subject to The California Environmental Quality Act, pursuant to Section 21065 of the California Public Resources Code.

SECTION 2. Concluding Facts and Reasons. Based upon the substantial evidence presented to the Historic Preservation Commission during the above- referenced hearing and upon the specific findings set forth in Section 1 above, the Historic Preservation Commission hereby concludes as follows:

(1) California Government C ode Section 50280, et seq., authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as a property of historical significance; and

(2) The Benton Ballou House, located at 1 240 North Euclid Avenue, was 113
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designated by City Council on July 18, 2000 as a Contributor within the College Historic District; and

(3) The Applicant has set forth a work program for this specific property to ensure the preservation of this historic resource that qualifies under the guidelines and standards set by the State of California.

SECTION 3. Historic Preservation Commission Action. Based upon the findings and conclusions set fort h in Sections 1 and 2 above, the Historic Preservation Commission hereby RECOMMENDS THE CITY COUNCIL APPROVE THE REQUEST FOR A MILLS ACT CONTRACT.

SECTION 4. 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 5. 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 E. B Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 6. Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.

- - - - - - - - - - - - - -

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RECORDING REQUESTED BY
And When
RECORDED MAIL TO:

City Clerk, City of Ontario
303 East “B” Street
Ontario, CA 91764

Exempt Recording Fees Pursuant to Government
Code Section 6103 & 27383

HISTORIC PROPERTY PRESERVATION AGREEMENT

THIS AGREEMENT is made and entered into this 15th day of November 2022, by and between the City of Ontario, a municipal corporation (hereinafter referred to as the “City”) and Rafael Marquez and Jacqueline Gonzalez (hereinafter referred to as the “Owner”).

WITNESSETH:

A. Recitals.

(I) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance;

(ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Benton Ballou House, generally located at the street address 119 East Princeton Street , Ontario, CA 91764 (hereinafter such property shall be referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked as Exhibit “A” and is 117
incorporated herein by this reference;

(iv) On July 18, 2000, the City Council of the City of Ontario designated the Historic Property as a Contributor to the College Park Historic District pursuant to the terms and provisions of Title 9, Chapter 1, Chapter 4 of the Ontario Municipal Code; and,

(v) The City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code.

B. Agreement

NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on November 15, 2022 and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below.

2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), a year shall automatically be added to the initial term of this Agreement unless notice of non- renewal is mailed as provided herein.

If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of non-renewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement provided herein. Owner may make a written protest of the notice. Upon receipts by the Owner of a notice from the City of non-renewal, 118
the City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to Owner of non-renewal. If either City or Owner serves notice to the other of non- renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Fees. Prior to recordation the A pplicant shall pay the applicable fee in effect at the time recordation is requested.

4. Standards for Historical Property . During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:

A. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibits “B”, and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement.

B. Owner shall, where necessary, restore and rehabili tate the property according to the rules and regulations of the Office of Historic Preservation of the Department of Parks and R ecreation, the United States Secretary of the Interior’s Rehabilitation Standards , the State Historical Building Code , and the O ntario Development Code and in accordance with the attached schedule of potential improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit “C”.

D. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement.

5. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City, which may be necessary or advisable to determine compliance with the terms and provision of this Agreement.

6. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 4(B) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq.

7. Enforcement of Agreement . In lieu of and/or in additi on to any provision to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days thereafter, or if not corrected within such reasonabl e time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach of default may be commenced within thirty (30) days and must be pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically 120
enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such other relief against any violation by Owner or apply for such other relief an may be appropriate.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under.

8. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described in Exhibit “A” hereto to the covenants, reservations and restriction as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner’s legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the histor ic characteristics and significance of the Historic Property for the benefit of the public and the Owner.

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9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.

To City: City of Ontario
303 East “B” Street
Ontario, CA 91764

Attention: Planning Director

To Owner: Rafael Marquez and Jacqueline Gonzalez
119 East Princeton Street
Ontario, CA 91764

10. General Provisions.

A. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.

B. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by , reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regar dless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property.

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C. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be bindin g upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

D. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

E. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.

F. This Agreement shall be construed and governed in accordance with the laws of the State of California.

11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino.

12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

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IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.

CITY OF ONTARIO

Dated: By:

City Manager

Attest

City Clerk

Approved as to Form

City Attorney

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Dated: By:

Rafael Marquez, Owner

Dated: By:

Jacqueline Gonzalez, Owner

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Exhibit A: Historic Property Preservation Agreement
Legal Description

Address: 119 East Princeton Street
Ontario, CA 91764
APN: 1047-531-31 File No.: PHP22-011

The property located at: 119 East Princeton Street
Ontario, CA 91764

is legally described as: LOT 1 OF F. C. BELL’S FIRST ADDITION TO THE CITY OF

ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN

BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 21, PAGE 16 OF MAPS, IN THE OFFICE OF
THE CONTY RECORDER OF SAID COUNTY.

APN: 1047-531-31-0-000
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Exhibit B: Historic Property Preservation Agreement
Property Maintenance

Address: 119 East Princeton Street
Ontario, CA 91764
APN: 1047-531-31 File No.: PHP22-011

All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or unrepaired structures, such as fences, roofs, doors, walls, and windows;

2. Scrap lumber, junk, trash or debris;

3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items;

4. Stagnant water or excavations, including unmaintained pools or spas;

5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location.

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Exhibit C: Historic Property Preservation Agreement
Proposed Improvements

Address: 119 East Princeton Street
Ontario, CA 91764
APN: 1047-531-31 File No.: PHP22-011

Contract
Year Description

2023: Restore hardwood floors in 2nd floor bedrooms, closets, and landing. New plumbing in 2nd floor hallway bathroom.

2024: Arborist to perform tree health assessment, tree trimming and removal if needed. Update electrical outlets, light switches/plates at 2nd floor, and add ground where needed. New plumbing in 1st floor bathroom that has exterior access.

2025: New plumbing in 1st floor bathroom. Repair water damage and cracks in ceilings at 2nd floor and at main entrance. Replace flood watering/irrigation system to deep watering for orchard.

2026: Update main sewer line that connects main line, primary dwelling and guesthouse.

2027: New roof on main house, garage and guest house

2028: Repair and restore closet and bathroom doors and hardware at 2nd floor. New plumbing in 2nd floor Jack-and-Jill bathroom.

2029: Repair windows (broken glass, hardware, ropes and weight) and refinish wood as needed in 2nd floor bathrooms, closets and 1 bedroom.

2030: Repair windows (broken glass, hardware, ropes and weight) and refinish wood as needed in 4 bedrooms on 2nd floor.

2031: Restore and repair wood stairs, landing and banisters. Repair and restore bedroom doors and hardware at 2nd floor. Replace main sewer line in basement.

2032: Repair concrete exterior steps at main entrance and concrete landing. Arborist to perform tree health assessment, tree trimming and removal if needed.

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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP22-011, AND AUTHORIZING

THE CITY OF ONTARIO TO ENTER INTO A HISTORIC PROPERTY

PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH RAFAEL

MARQUEZ AND JACQUELINE GONZALEZ, FOR THE PROPERTY
LOCATED AT 119 EAST PRINCETON STREET (APN: 1047-531-31).

WHEREAS, California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance, and restoration of such historical property so as to retain its characteristics as a property of historical significance; and WHEREAS, Rafael Marquez and Jacqueline Gonzalez possess fee title in and to that certain real property, together with associated structures and improvements thereon, located at the street address commonly known as 119 East Princeton Street, Ontario, California (hereinafter referred to as the “Property”); and WHEREAS, on July 18, 2000, the City Council of the City of Ontario designated the Property as a Contributor within the College Park Historic District pursuant to the terms and provisions of Chapter 4, of the Ontario Development Code; and WHEREAS, the City and Rafael Marquez and Jacqueline Gonzalez, for their mutual benefit, now desire to enter into a Historic Property Preservation Agreement, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference (hereinafter referred to as the “Preservation Agreement”); and WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; 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, 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; and
WHEREAS, on October 13, 2022, the Historic Preservation Subcommittee conducted a hearing and issued Decision No. HPSC22-011, recommending the Historic 129
Preservation Commission recommend the City Council approve the Application; and WHEREAS, on October 25, 2022, the Historic Preservation Commission conducted a hearing and issued Resolution No. PC22-056, recommending the City Council approve the Application; and
WHEREAS, on November 15, 2022, 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, BE IT RESOLVED by the City Council of the City of Ontario, as follows:

SECTION 1. Environmental Determination and Findings . As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The Mills Act contract is not considered a project pursuant to Section 21065 of the CEQA Guidelines. The Mills Act contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
(2) The determination of CEQA exemption reflects the independent judgement of the City Council.

SECTION 2. 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 above, the City Council hereby concludes as follows:
(1) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance, and restoration of such historical property so as to retain its characteristics as a property of historical significance; and (2) Pursuant to California Government Code Section 50280, et seq., qualified historical properties are designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources; and (3) The Benton Ballou House, a Prairie style single-family residence located at 119 East Princeton Street, was designated as a Contributor within the College Park Historic District; and
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(4) The Applicant has set forth a work program for this specific property to ensure the preservation of this historic resource that qualifies under the guidelines and standards set by the State of California.

SECTION 3. City Council Action. Based upon the findings and conclusions set forth in Sections 1 and 2 above, THE CITY COUNCIL APPROVES AND RATIFIES the historic property preservation agreement and authorizes the City Manager to execute the agreement, which is subject to the provisions of the City’s Development Code (Sec.

4.02.065) and to each and every condition set forth in the Preservation Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference; and SECTION 4. 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 5. Recordation of Agreement. That the City Clerk of the City of Ontario, California, shall cause the Historic Preservation Agreement to be recorded in the office of the County Recorder of San Bernardino County.

SECTION 6. Notification of Assessor . That the City Clerk of the City of Ontario, California, shall notify the San Bernardino County Assessor in writing that the property has entered into a Preservation Agreement within 30 days of the recordation of the contract.

SECTION 7. Effective Date. This Resolution shall become effective immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 15th day of November 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST AND KRIEGER LLP

CITY ATTORNEY
132

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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Exhibit “A”
Preservation Agreement
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Exhibit A

RECORDING REQUESTED BY
And When
RECORDED MAIL TO:

City Clerk, City of Ontario
303 East “B” Street
Ontario, CA 91764
Exempt Recording Fees Pursuant to Government
Code Section 6103 & 27383

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 15th day of November 2022, by and between the City of Ontario, a municipal corporation (hereinafter referred to as the “City”) and Rafael Marquez and Jacqueline Gonzalez (hereinafter referred to as the “Owner”).

WITNESSETH:

A. Recitals.
(I) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance;
(ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Benton Ballou House, generally located at the street address 119 East Princeton Street, Ontario, CA 91764 (hereinafter such property shall be referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked as Exhibit “A” and is incorporated herein by this reference;
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(iv) On July 18, 2000, the City Council of the City of Ontario designated the Historic Property as a Contributor to the College Park Historic District pursuant to the terms and provisions of Title 9, Chapter 1, Chapter 4 of the Ontario Municipal Code; and, (v) The City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code.

B. Agreement
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:

If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of non-renewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement provided herein. Owner may make a written protest of the notice. Upon receipts by the Owner of a notice from the City of non-renewal, the City may, at any time prior to the annual renewal date of the Agreement, withdraw its 136
notice to Owner of non-renewal. If either City or Owner serves notice to the other of non- renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Fees. Prior to recordation the Applicant shall pay the applicable fee in effect at the time recordation is requested.

4. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:

B. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior’s Rehabilitation Standards, the State Historical Building Code, and the Ontario Development Code and in accordance with the attached schedule of potential improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit “C”.

C. Pursuant to Section 4.02.050 of the Ontario Development Code, Owner shall obtain a Certificate of Appropriateness for any alteration, addition, restoration, rehabilitation, repainting, resurfacing, and for each and every item listed in Exhibit “C”, prior to commencement of work. Failure to obtain all necessary permits, including building permits, and approvals may result in cancellation of this Agreement as set forth on Paragraph 6, Cancellation herein.
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D. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement.

7. Enforcement of Agreement. In lieu of and/or in addition to any provision to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days thereafter, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach of default may be commenced within thirty (30) days and must be pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any 138
court, state or federal, for injunctive relief against any violation by Owner or apply for such other relief against any violation by Owner or apply for such other relief an may be appropriate.

City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner’s legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and the Owner.
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To City: City of Ontario
303 East “B” Street
Ontario, CA 91764
Attention: Planning Director
To Owner: Rafael Marquez and Jacqueline Gonzalez
119 East Princeton Street
Ontario, CA 91764

10. General Provisions.

B. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property.
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C. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

F. This Agreement shall be construed and governed in accordance with the laws of the State of California.

12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 141
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.

CITY OF ONTARIO
Dated: By:

City Manager
Attest

City Clerk
Approved as to Form

City Attorney
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Dated: By:

Rafael Marquez, Owner
Dated: By:

Jacqueline Gonzalez, Owner
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Exhibit A: Historic Property Preservation Agreement
Legal Description
Address: 119 East Princeton Street
Ontario, CA 91764
APN: 1047-531-31 File No.: PHP22-011
The property located at: 119 East Princeton Street
Ontario, CA 91764
is legally described as: LOT 1 OF F. C. BELL’S FIRST ADDITION TO THE CITY OF

ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE 16 OF MAPS, IN THE OFFICE OF THE CONTY RECORDER OF SAID COUNTY.

APN: 1047-531-31-0-000
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Exhibit B: Historic Property Preservation Agreement
Property Maintenance
Address: 119 East Princeton Street
Ontario, CA 91764
APN: 1047-531-31 File No.: PHP22-011
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or unrepaired structures, such as fences, roofs, doors, walls, and windows;

2. Scrap lumber, junk, trash, or debris;

3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items;

4. Stagnant water or excavations, including unmaintained pools or spas;

5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location.

The property owner shall also comply with the provisions of the Duty to Keep in Good Repair Section of the Historic Preservation Ordinance (Sec. 9-1.7.01.045 of the Ontario Development Code) and all other applicable provisions of the City’s Property Appearance – Nuisance Ordinance (Chapter 22 of Title 5 of the Ontario Municipal Code, Commencing at Sec. 5-22.02).
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Exhibit C: Historic Property Preservation Agreement
Proposed Improvements
Address: 119 East Princeton Street
Ontario, CA 91764
APN: 1047-531-31 File No.: PHP22-011
Contract
Year Description
2023: Restore hardwood floors in 2nd floor bedrooms, closets, and landing.

New plumbing in 2nd floor hallway bathroom.
2024: Arborist to perform tree health assessment, tree trimming and removal if needed. Update electrical outlets, light switches/plates at 2nd floor, and add ground where needed. New plumbing in 1st floor bathroom that has exterior access.
2025: New plumbing in 1st floor bathroom. Repair water damage and cracks in ceilings at 2nd floor and at main entrance. Replace flood watering/irrigation system to deep watering for orchard. 2026: Update main sewer line that connects main line, primary dwelling and guesthouse.
2027: New roof on main house, garage and guest house
2028: Repair and restore closet and bathroom doors and hardware at 2nd floor. New plumbing in 2nd floor Jack-and-Jill bathroom. 2029: Repair windows (broken glass, hardware, ropes, and weight) and refinish wood as needed in 2nd floor bathrooms, closets and 1 bedroom. 2030: Repair windows (broken glass, hardware, ropes and weight) and refinish wood as needed in 4 bedrooms on 2nd floor.
2031: Restore and repair wood stairs, landing and banisters. Repair and restore bedroom doors and hardware at 2nd floor. Replace main sewer line in basement.
2032: Repair concrete exterior steps at main entrance and concrete landing.

Arborist to perform tree health assessment, tree trimming and removal if needed.
*Pursuant to Section 4.02.050 of the Ontario Development Code, Owner shall obtain a Certificate of Appropriateness for any alteration, addition, restoration, rehabilitation, repainting, resurfacing, and for each and every item listed in Exhibit “C”, prior to commencement of work. Failure to obtain all necessary permits, including building permits, and approvals may result in cancellation of this Agreement as set forth on 146
Paragraph 6, Cancellation herein.
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Department: Planning
Prepared By: Elly Antuna
Department: Planning
Prepared By: Emilie Fernandez
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT:

A PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING THE DESIGNATION OF THE MAURICE JOHNSON HOUSE, LOCATED AT 409 NORTH SAN ANTONIO

AVENUE, AS A LOCAL HISTORIC LANDMARK

CITY OF ONTARIO
Agenda Report
November 15, 2022
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council adopt a resolution approving File No. PHP21-016, designating 409 North San Antonio (APN: 1048-314-11) as Local Historic Landmark No. 100.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The approval of the Local Historic Landmark designation will not have a direct ﬁscal impact. However, if the designation is approved, the property owner will be eligible to apply for a Mills Act Contract which, if approved, would provide for a potential reduction in property taxes in exchange for an agreed-upon list of improvements to the property.

BACKGROUND & ANALYSIS:

Mallory Jean, Robby Gibson, and Gray McMinn (property owners) requested that the Maurice Johnson House, located at 409 North San Antonio, be designated as a Local Historic Landmark. The Maurice Johnson House was constructed in the Folk Architectural style in 1946. The word Folk was ﬁrst used in the 1800s. This style relies on the natural materials available and their functionality and will reﬂect local traditions. The Maurice Johnson House is an excellent example of the Folk architectural style, which is evident by the presence of the building’s character-deﬁning features, including the use of salvaged materials such as the stone siding and ornate doors. Other characteristics of the residence that are typical of the Folk architectural style include a simple construction method, irregular placement on the lot, and the extensive plantings surrounding the property. Other contributing historical features on the site include the detached garage/workshop, wooden shed, informal garden, and mature landscaping on the property.

HISTORIC SIGNIFICANCE:

On October 25, 2022, the Historic Preservation Commission voted unanimously (6-0) to recommend that the City Council designate the Maurice Johnson House as a 148
Local Historic Landmark as it meets the local landmark designation criteria set forth in Section

4.02.040.B.2.d of the Ontario Development Code:

The historic resource embodies distinguishing architectural characteristics of a style, type, period, or method of construction.

The Maurice Johnson House is an excellent example of the Folk architectural style, which is evident by the presence of the building’s character-deﬁning features, including the use of salvaged materials such as the stone siding and ornate doors. Other characteristics of the residence that are typical of the Folk architectural style include a simple construction method, irregular placement on the lot, and the extensive plantings surrounding the property. The rubble construction residence is the only known example of this type in the City of Ontario and was built with many unique materials, including cement believed to have been salvaged from “A” Street (Holt Boulevard) concrete curbs, and a door from an early broadcasting station. Other contributing historical features include the detached garage/workshop, wooden shed, informal garden and mature landscaping on the property.

ENVIRONMENTAL REVIEW:

The application was reviewed pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Per Section 21065 of the CEQA Guidelines, the local landmark designation is not considered a project. 149
Case Planner: Emilie Fernandez Hearing Body Date Decision Action Planning Director
Approval: HPSC 09/08/2022 Approval Recommend
PC 10/25/2022 Recommend
Submittal Date: 09/08/2021 CC 11/15/2022 Final
FI
LES NO.: PHP21-016
SU
BJECT: A public hearing to consider a Local Landmark Designation of a single -family residence (Tier III Eligible Historic Resource) located at the northwest corner of San Antonio Avenue and D Street at 409 North San Antonio Avenue. City Council action is required.

P
ROPERTY OWNER: Mallory Jean and Robby Gibson, and Gray McMinn R
ECOMMENDED ACTION : That the Historic Preservation Commission consider File No.

PHP21-016, and recommend approval to the City Council , pursuant to the facts and reasons contained in the staff report and attached resolution.

P
ROJECT ANALYSIS:
(1) Architectural Description
H
istoric Name: The Maurice Johnson House
Architectural Style: Folk
Date Built: 1946
T
he one-story residence was constructed in the
Folk architectural style in 1946, by Maurice
Johnson. The residence is T -shaped in plan with
a flat roof, and large, exposed eaves and
rafters. The residence is clad in stacked rough,
irregular shaped concrete blocks on all facades
except for a section at the northwest corner of
the house that is clad in vertical wood panels.

The residence features an off -center entrance
on the primary (south) façade, with a s et of
multi-paned steel casement windows to the
west of the main entry. A corner window in the
same design and pattern is at the southeast
corner of the residence. The windows on the
remainder of the residence consist of steel,
multi-pane fixed and casemen t windows and
wood fixed windows. The residence also
303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

HISTORIC PRESERVATION COMMISSION

STAFF REPORT
October 25, 2022
Figure 1: Maurice Johnson House
Figure 2: Maurice Johnson House
Detached Garage/Workshop
Approval
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Planning / Historic Preservation Commission Staff Report File No.: PHP21-016
October 25, 2022

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Ontario City CouncilNovember 15, 2022

Ontario City Council
November 15, 2022