Agenda packet, second session — Ontario City Council, January 17, 2023 (part 1 of 2)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
JANUARY 17, 2023
City Hall
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA
COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN 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

ATTACHMENT:

20230117 Closed Session
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
6:00 p.m., Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item
will be introduced for consideration after 10:00
p.m. except by majority vote of the City Council.

CALL TO ORDER
(OPEN SESSION)

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

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54956.9(d)(4), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One (1) Case

GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Chino Basin Municipal Water District v. City of Chino et al., San Bernardino Superior Court Case No. RCVRS51010

GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Ontario v. Inland Empire Utilities Agency, San Bernardino Superior Court Case No. CIVSB 2211925

PLEDGE OF ALLEGIANCE
Council Member Valencia

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

INVOCATION
Senior Pastor Gresford Thomas Ontario Seventh-Day Adventist Church

REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS 6:30 P.M.

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

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 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 December 6, 2022, special meetings of the City Council and Housing Authority of December 9, 2022, and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

ATTACHMENT:

20221206 Minutes (Not Official Until Approved).pdf

ATTACHMENT:

20221209 Minutes (Not Official Until Approved).pdf

ATTACHMENT:

20221220 Minutes (Not Official Until Approved).pdf

2. BILLS & PAYROLL

3. A DESIGN SERVICES AGREEMENT FOR A TRAFFIC SIGNAL SYSTEM (TR2304) AT SAN

ANTONIO AVENUE AND STATE STREET

4. A LICENSE AGREEMENT FOR MICROSOFT 365 SUBSCRIPTION WITH SOFTWAREONE INC.

5. CONSTRUCTION CONTRACTS FOR ON-CALL FIBER CONDUIT AND CABLE INSTALLATION

FOR THE EXPANSION OF THE CITY'S BROADBAND FIBER AND WIRELESS NETWORK regular meetings of the City Council and Housing Authority of December 20, 2022, and approving same as on file in the Records Management Department.

Bills December 2, 2022 through December 27, 2022, and Payroll November 20, 2022 through December 17, 2022, when audited by the Finance Committee.

That the City Council approve a Design Services Agreement (on ﬁle in the Records Management Department) with JMD of City of Industry, California, to provide engineering design services for a Traﬃc Signal System at San Antonio Avenue and State Street in the amount of $197,006 plus a 10% contingency of $19,700, for a total authorized amount expenditure of $216,706; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.

That the City Council authorize the City Manager to execute a three-year License Agreement (on-ﬁle with the Records Management Department) with SoftwareONE Incorporated, of Milwaukee, Wisconsin, for a Citywide Microsoft 365 Subscription, in an amount not-to-exceed $1,608,651.

That the City Council take the following actions:

A
.

Approve Construction Contract No. BB-2022-001, On-call Fiber Conduit Installation Services (on ﬁle in the Records Management Department), to HP Communications, Inc. of Corona, California, to provide ﬁber optic conduit installation services in the amount not to exceed $8,000,000; and
B
.

Approve Construction Contract No. BB-2022-002, On-call Fiber Cable Installation Services (on ﬁle in the Records Management Department), to SECC Corporation of Chino, California, to provide ﬁber optic cable installation services in the amount not to exceed $3,000,000; and
C
.

Authorize the City Manager or designee to execute said contracts for three-year terms with the option to extend the respective contracts for up to two additional one-year periods at the City's discretion, and to execute all documents required for the completion of the project, including, but not limited to purchase orders, contracts, agreements, easements, reduction of retention accounts, and the ﬁling of a Notice of Completion at the conclusion of all related work.

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

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

COUNTY TAX ROLLS

ATTACHMENT:

Comm Imp Special Assessments for County Tax Rolls^01 RESO^RM

ATTACHMENT:

Comm Imp Special Assessments for County Tax Rolls^02 Exhibit A.pdf

ATTACHMENT:

Comm Imp Special Assessments for County Tax Rolls^03 Exhibit B.pdf

ATTACHMENT:

Comm Imp Special Assessments for County Tax Rolls^04 Exhibit C.pdf

7. A DESIGN SERVICES AGREEMENT FOR THE SULTANA AVENUE STORM DRAIN AND STREET

IMPROVEMENTS PROJECT

ATTACHMENT:

EXHIBIT A Location Map.pdf

8. A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH

ONTARIO MILLS LIMITED PARTNERSHIP TO ALLOW FOR THE CONTINUED PROVISION OF

POLICE AND PUBLIC SAFETY SERVICES AT THE ONTARIO MILLS MALL

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR GRANT MANAGEMENT SERVICES
That the City Council adopt a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations and placing assessments on the San Bernardino County Tax Rolls.

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

ADOPTING A REPORT REQUESTING THE PLACEMENT OF SPECIAL ASSESSMENTS

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

That the City Council approve a Design Services Agreement (on ﬁle in the Records Management Department) with Infrastructure Engineering Corporation, an Ardurra Company, of El Segundo, California, to provide engineering design services for the Sultana Avenue Storm Drain and Street Improvements Project in the amount of $812,605; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.

That the City Council:

A
.

Authorize the City Manager to execute a third amendment (on ﬁle in the Records Management Department) extending for three years, certain terms of the Disposition and Development Agreement ("DDA") with Ontario Mills Limited Partnership, allowing for the City's continued provision of police and public safety services through December 31, 2025; and
B
.

Consistent with certain terms and conditions of the DDA, authorize the billing of fees in the amount of $78,750 for each six-month period that such police and public safety services are rendered at the Ontario Mills Mall
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

10. AN AMENDMENT TO THE PROFESSONAL SERVICES AGREEMENT FOR ENGINEERING

DESIGN SERVICES FOR NATURAL GAS COMPRESSOR REPLACEMENT AND UPGRADE

PROJECT

11. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20253, LOCATED AT THE SOUTHEAST CORNER OF

ARCHIBALD AVENUE AND GUASTI ROAD

ATTACHMENT:

20230117_Parcel_Map_20253_1_Exh_A.pdf

ATTACHMENT:

20230117 Parcel Map 20253 2 RESO^RM

12. A GOODS & SERVICES AGREEMENT FOR CITY HALL OFFICE IMPROVEMENTS

13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, That the City Council authorize the City Manager or his designee to execute the Amendment to the Professional Services Agreement with Transtech Engineers, Inc., of Chino, California, for two grant applications from the Environmental Protection Agency (EPA) in an amount not to exceed $13,300.

That the City Council authorize the City Manager or his designee to execute Amendment No. 4 (on ﬁle in the Records Management Department) to the Professional Services Agreement with STV Energy Services, Inc. of Douglassville, Pennsylvania, for engineering design services for the City’s Compressed Natural Gas (CNG) Compressor Replacement and Upgrade Project, adding $16,070 for a revised total contract authorization of $204,390 and a term from December 22, 2022 to April 17, 2023.

That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20253, located at the southeast corner of Archibald Avenue and Guasti Road, located within the Guasti Plaza 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. 20253 LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AVENUE AND GUASTI ROAD.

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute a Goods and Services Agreement with Kirksey & Co. of Irvine, California, for City Hall Second Floor Oﬃce Improvements Project for Furniture, Fixtures, and Equipment (FF&E), consistent with the terms and conditions of the cooperative purchasing contract with Omnia #R191804 in the amount of $55,712; and
B
.

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.

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

TERMINATING RELATIONSHIP WITH SISTER CITY GUAMUCHIL, MEXICO

ATTACHMENT:

Terminating Sister City of Guamuchil Mexico^RM

14. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL LAND

ACQUISITION AND RELOCATION SERVICES

15. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH PRIMA PARTNERS, LLC

FOR STATE ADVOCACY SERVICES

16. A GOODS AND SERVICES AGREEMENT FOR EMPLOYEE UNIFORMS AND EVENT SUPPLIES

17. A CONSTRUCTION CONTRACT FOR THE DESTRUCTION OF WATER WELL NOS. 11, 15, 17, AND 26

ATTACHMENT:

Exhibit A - Destruction of Water Wells.pdf

18. AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD20-001) AT 549 WEST

HOLT BOULEVARD
That the City Council adopt a Resolution to end Sister City relationship with Guamuchil, Mexico.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TERMINATING RELATIONSHIP WITH SISTER CITY GUAMUCHIL, SINALOA, MEXICO.

That the City Council and Ontario Housing Authority Board of Directors ("City/Authority") approve and authorize the City Manager or his designee to execute Amendment No. 4 to the Professional Services Agreement with Property Specialists, Inc. (dba CPSI) in the amount of $100,000.

That the City Council authorize the City Manager or his designee to execute Amendment No. 2 to the Professional Services Agreement (on ﬁle in the Records Management Department) with Prima Partners, LLC, for State Advocacy Services, for two additional years and increase compensation by $300,000, for a new total not-to-exceed contract amount of $450,000.

That the City Council authorize the City Manager or designee to execute a Goods and Services Agreement with J6D, Inc. of Ontario, California for employee uniforms and event supplies for the Recreation and Community Services Department, for a total not to exceed amount of $300,000 for a three-year contract period.

That the City Council approve the plans and speciﬁcations and award Contract No. UT1617-02 (on file in the Records Management Department) to General Pump of San Dimas, California, for the destruction of Water Well Nos. 11, 15, 17, and 26, in the amount of $541,575 plus a 10% contingency of $54,158, for a total not-to-exceed amount of $595,733, a term of 120 calendar days after issuance of notice to proceed, and authorize the City Manager or designee to execute said contract and ﬁle a notice of completion at the conclusion of all construction activities related to the project.

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

ATTACHMENT:

File No. PUD20-001^01 PC Backup

ATTACHMENT:

File No. PUD20-001^02 ORD^RM

ATTACHMENT:

File No. PUD20-001^03 ORD-PUD ATTACHMENT A

19. A PUBLIC HEARING TO CONSIDER THE SECOND AMENDMENT TO THE CONSOLIDATED PLAN ANNUAL ACTION PLAN FOR THE 2021-22 PROGRAM YEAR TO ALLOCATE FUNDS

RECEIVED FROM THE AMERICAN RESCUE PLAN (ARP) ACT HOME SUPPLEMENTAL

ALLOCATION

ATTACHMENT:

DRAFT HOME-ARP Allocation Plan 12192022.pdf

ATTACHMENT:

Draft Second Amendment with Appendices.pdf

20. MODIFY THE CLASSIFICATION TITLE AND SALARY RANGE FOR THE CHIEF DEPUTY FIRE

CHIEF CLASSIFICATION, AND THE SALARY RANGE FOR THE CLASSIFICATION OF DEPUTY That the City Council consider and adopt an Ordinance approving a Planned Unit Development, File No. PUD20-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate the development of a mixed-use project located at 549 West Holt Boulevard.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD20-001, A PLANNED UNIT DEVELOPMENT (THE

ROOSEVELT TOWER PLANNED UNIT DEVELOPMENT) ESTABLISHING DEVELOPMENT

STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR

0.81-ACRE OF LAND LOCATED AT 549 WEST HOLT BOULEVARD, WITHIN THE MU- 1/LUA-3 (DOWNTOWN MIXED-USE/HOLT BOULEVARD DISTRICT) ZONING DISTRICT - APN: 1049-021-09.

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 City Council ("City") and the Board of the Ontario Housing Authority ("Authority") take the following actions:

A
.

Approve the Second Amendment to the FY 2021-22 Annual Action Plan (on ﬁle in the Records Management Department) (“Substantial Amendment”); and B
.

Authorize the City Manager/Executive Director or his designee to sign all documents necessary to implement the Agreements

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

POLICE CHIEF
That the City Council modify and approve the new classiﬁcation title for Chief Deputy Fire Chief to Chief Deputy (Fire) including modifying the established salary ranges for this classiﬁcation, as well as for the classiﬁcation of Deputy Police Chief to minimize disparity with salary ranges while maintaining the City’s competitiveness in attracting and retaining highly qualiﬁed individuals.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

CALL FOR COMMISSION APPLICATIONS

Mayor Leon
Mayor pro Tem Dorst-Porada
Council Member Wapner
Council Member Bowman
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 9

Page 1 of 2 ends

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) January 17, 2023
ROLL CALL: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.9(d)(4), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One (1) Case
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Chino Basin Municipal Water District v. City of Chino et al., San Bernardino Superior Court Case No. RCVRS51010
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 10

Page 2 of 2 ends

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) January 17, 2023
(Continued)
In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Ontario v. Inland Empire Utilities Agency, San Bernardino Superior Court Case No. CIVSB 2211925
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
11 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
DECEMBER 6, 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, December 6, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.

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 5:34 p.m. for discussion of the following:

• GC 54956.9 ( d)(4), CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION: Three (3) Cases

• GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:

Chino Basin Municipal Water District v. City of Chino et al ., San Bernardino Superior Court Case No. RCVRS51010

• GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:

City of Ontario v. Inland Empire Utilities Agency , San Bernardino Superior Court Case No. CIVSB2211925

CALL TO ORDER – OPEN SESSION

Mayor Leon reconvened the joint meetings at 6:43 p.m.

ROLL CALL

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

ABSENT: Council/Authority Members: None.

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

12 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 6, 2022

Page 2 of 12 ends

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Bowman.

INVOCATION

The invocation was led by Richard Hernandez, Church of God.

REPORT ON CLOSED SESSION

City Attorney Duran announced there was no reportable action.

Mayor Leon asked the Recreation/Community Services Director Nicholas Gonzalez to give a presentation on the City’s holiday events, including the Holiday Parade.

Mayor Leon recessed the meeting at 6:57 p.m. and reconvened at 6:59 p.m.

CONSENT CALENDAR

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

1. APPROVAL OF MINUTES

Minutes for the regular meetings of the City Council and Housing Authority of November 1, 2022, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Bills from October 28, 2022 through November 10, 2022 in the amount of $24,321,322.38, and Payroll from October 23, 2022 through November 5, 2022 in the amount of $4,209,905.08, when audited by the Finance Department.

3. AN AMENDMENT TO THE FIRSTWATCH SOFTWARE, SUPPORT AND

MAINTENANCE CONTRACT

The City Council approved and authorized the City Manager, or his designee, to execute Amendment No. 1 to the Software License Agreement with FirstWatch Solutions, Inc. of Carlsbad, California to provide software, support, and maintenance in the amount of $186,326

4. A DESIGN SERVICES AGREEMENT FOR THE ATP CYCLE 5 - VINE AVENUE &

B STREET BIKE BOULEVARD PROJECT

13 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 6, 2022

Page 3 of 12 ends

The City Council approved a Design Services Agreement with Mark Thomas & Company, Inc., of Rancho Cucamonga, California, to provide Engineering Design Services for the Active Transportation Program (ATP) Cycle 5 - Vine Avenue & B Street Bike Boulevard Project, in the amount of $520,000; and authorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.

5. MASTER SUBSCRIPTION AGREEMENT WITH WORKVIVO LIMITED FOR

THIRD PARTY INTRANET SERVICES

The City Council authorize d the City Manager or his designee to execute a Master Subscription Agreement with Workvivo Limited, Boonton New Jersey, for up to three years, for an amount not to exceed $231,980.

6. AUTHORIZE THE PURCHASE OF MOBILE SOUND SHELL STAGE

The City Council authorized the cooperative purchase of the ShowMaster 3000 Series, Mobile Sound Shell Stage for the Recreation & Community Services Department in the amount of $201,985 from Century Industries, LLC of Sellersburg, Indiana, consistent with the terms and conditions of the California Department of General Services, California Multiple Award Schedule No. 4-18-78-0088B.

7. ADOPTION OF ORDINANCES 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

The City Council approved Ordinances first introduced at a regular meeting of the City Council on November 15, 2022.

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 Ordinance 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.

ORDINANCE NO. 3226 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 T HE 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.
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Regular Meeting Minutes – December 6, 2022

Page 4 of 12 ends

ORDINANCE NO. 3227 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, INCO RPORATING 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 STA NDARDS, TOGETHER WITH CERTAIN AMENDMENTS THERETO.

8. A RESOLUTION ORDERING THE SUMMARY VACATION OF A SEWER

EASEMENT

The City Council adopted a Resolution ordering the summary vacation of a sewer easement located approximately 1,000 feet north of Francis Street and approximately 30 feet west of Cucamonga Avenue.

RESOLUTION NO. 2022-156 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A SEWER EASEMENT LOCATED APPROXIMATELY 1,000 FEET NORTH OF FRANCIS STREET AND APPROXIMATELY 30 FEET WEST OF CUCAMONGA AVENUE.

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

KOFF AND ASSOCIATES FOR A CLASSIFICATION AND COMPENSATION

STUDY FOR THE PUBLIC WORKS AGENCY AND SPECIALIZED SUPPORT

FOR SPECIALIZED RECRUITMENT ACTIVITIES

The City Council approved and authorized the City Manager to execute Amendment No.1 to the Professional Services Agreement with Koff and Associates, a division of Gallagher Benefit Services Inc., of Berkeley, California, for a total not -to-exceed amount of $242,885 and a term from December 22, 2022 through December 22, 2025.

10. A PROFESSIONAL SERVICES AGREEMENT WITH GEORGE HILLS, INC. FOR

THIRD-PARTY LIABILITY CLAIMS ADMINISTRATION SERVICES

15 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 6, 2022

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The City Council authorized the City Manager or designee to execute a Professional Services Agreement with George Hills, Inc., Ontario, California, for up to three years, with the option to automatically renew the agreement for two additional one-year terms, for an amount not to exceed $478,748.

11. ACCEPT AND APPROVE GRANT PROGRAM CITIZEN'S OPTION FOR PUBLIC

SAFETY/ ENHANCING LAW ENFORCEMENT ACTIVITIES FOR FISCAL YEAR 2022-23

The City Council authorize d the City Manager or his designee to execute all documents necessary to accept and approve the Citizen's Option for Public Safety (COPS) / Enhancing Law Enforcement Activities Subacco unt (ELEAS) Grant for Fiscal Year 2022-23.

12. ACCEPT AND APPROVE GRANT PROGRAM CITIZEN'S OPTION FOR PUBLIC

SAFETY/ ENHANCING LAW ENFORCEMENT ACTIVITIES FOR FISCAL YEAR 2021-22

13. AN AGREEMENT WITH MERCY HOUSE LIVING HOUSE CENTERS FOR

ENHANCED SERVICES AND OPERATION OF THE EMERGENCY MOTEL

VOUCHER PROGRAM

The City Council approved and authorized the City Manager or designee to execute a one year agreement with Mercy House Living Centers, of Santa Ana, California, for supplemental hours at the Ontario Access Center, and operate the Emergency Motel Voucher Program, for a not-to-exceed amount of $105,000.

14. PURCHASE AUTHORIZATION FOR ENGINE OVERHAUL OF A POLICE

HELICOPTER

The City Council authorize d the City Manager to execute a sole source purchas e contract with Safran Helicopter Engines USA, Inc. of Grand Prairie, Texas in the approximate amount of $500,000 to overhaul the engine of one of the City's Police Air Support helicopters.

15. A STATEWIDE PER CAPITA GRANT PROGRAM FUNDS FOR SAM ALBA

MEMORIAL PARK REHABILITATION

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The City Council authorized the City Manager or designee to accept $286,906 of funding provided by the State Department of Parks and Recreation for the Statewide Per Capita Grant Program.

16. RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURERS AND

UPDATED INVESTMENT POLICY

The City Council adopt ed Resolutions rescinding Resolution Nos. 2021- 164 and 2021-165; and amending the list of Deputy City Treasurers authorized to invest City funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities and consider ed and approved the update to the City of Ontario’s Investment Policy.

RESOLUTION NO. 2022-157 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, C ALIFORNIA, PROVIDING FOR THE INVESTMENT OF

INACTIVE FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE

CALIFORNIA STATE TREASURY AND HEREBY RESCINDING RESOLUTION NO. 2021-164.

RESOLUTION NO. 2022-158 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2021-165.

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

CALIFORNIA, APPROVING A FIFTH AMENDMENT TO DECLARATION OF

ANNEXATION AND PROVIDING CITY M ANAGER AUTHORITY REGARDING

THE ONTARIO CENTER OWNERS ASSOCIATION AND THE PIEMONTE AT

ONTARIO CENTER OWNERS ASSOCIATION

The City Council adopted a Resolution approving a Fifth Amendment to the Ontario Center Owner's Association Declaration of Annexation and authorized the City Manager or his designee to sign all documents necessary to implement said Amendment.

RESOLUTION NO. 2022 -159 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING A FIFTH AMENDMENT TO

DECLARATION OF ANNEXATION AND PROVIDING CITY MANAGER

AUTHORITY REGARDING THE ONTARIO CENTER OWNERS ASSOCIATION AND THE PIEMONTE AT ONTARIO CENTER OWNERS ASSOCIATION.

18. A RESOLUTION APPROVING A DISPOSITION AND DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND EUCLI D INVESTMENT GROUP, LLC, WITH RESPECT TO APPROXIMATELY 1.19 ACRES OF LAND

LOCATED AT THE SOUTHEAST CORNER OF D STREET AND LEMON
AVENUE, APN'S: 1048 -556-01, 1048- 556-02, 1048- 556-03, 1048- 556-04, 1048-556-05, and 1048-556-14, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37350 ET. SEQ.
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The City Council considered and:

A. Adopted a Resolution approving the Disposition and Development Agreement (“Agreement”) between the Euclid Investment Group, LLC. (“Developer”) (on file with the Records Management Department).

B. Authorized the City Manager, or his designee, to sign all documents necessary to implement the Agreement.

RESOLUTION NO. 2022-160 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING A DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND

EUCLID INVESTMENT GROUP, LLC, WITH RESPECT TO APPROXIMATELY

1.19 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF D STREET AND LEMON AVENUE, APN'S: 1048 -556-01, 1048- 556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37350 ET. SEQ.

19. A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR

ON-CALL LAND ACQUISITION, RELOCATION AND PROPERTY

MANAGEMENT SERVICES

The City Council approved and authorized the City Manager or his designee to execute Amendment No. 1 to a Professional Services Agreement with Overland, Pacific & Cutler, LLC in the not-to-exceed amount of $200,000.

PUBLIC HEARINGS

21. A PUBLIC HEARING TO INTRODUCE AN ORDINANCE ADOPTING A MAP FOR

THE DISTRICT -BASED ELECTIONS UNDER THE CALIFORNIA VOTING

RIGHTS ACT

The City Council introduced 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.

ORDINANCE NO. 3224 (FIRST READING) 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.

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

Assistant City Attorney Ryan Guiboa gave a presentation. Mayor Leon then opened the public hearing and inquired if anyone was interested in speaking to the item.

Chris Robles, spoke on his support for Map #17 with the sequencing of districts 2 and 4 in 2024 and 1 and 3 in 2026.

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

Mayor pro Tem W apner stated he supports Map #17 as submitted with the current sequencing as presented. He noted that a sequencing was not submitted with Map #17 and added that he is aware that district 4 has little representation.

Council Member Bowman stated he reviewed the maps at length and agreed Map #17 with the sequencing of districts 1 and 4 in 2024 and 2 and 3 in 2026 was the best option.

Mayor Leon stated he spoke with the community and noted residents feel underrepresented in district 4. He added he felt compelled that district 4 be included in the 2024 election.

MOTION: Moved by Council Member Bowman , seconded by Mayor pro Tem Wapner and carried by a 4- 1 vote, with Council Member Valencia opposed, to introduce Ordinance No. 3224, establishing district boundaries.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa requested Item No. 20 be continued to the December 20, 2022 regular City Council Meeting.

20. A PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD20-001) AT 549 WEST HOLT BOULEVARD

This item was continued to the December 20, 2022 regular City Council meeting.

ORDINANCE NO. 3228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD20 -001, A PLANNED

UNIT DEVELOPMENT (THE ROOSEVELT TOWER PLANNED UNIT

DEVELOPMENT) ESTABLISHING DEVELOPMENT STANDARDS, DESIGN

GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR

0.81-ACRE OF
LAND LOCATED AT 549 WEST HO LT BOULEVARD, WITHIN THE MU- 1/LUA-3 (DOWNTOWN MIXED-USE/HOLT BOULEVARD DISTRICT) ZONING DISTRICT - APN: 1049-021-09.

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MOTION: Moved by Council Member Bowman, seconded by Mayro Leon and carried by unanimous vote 5-0, to continue the Public Hearing to the December 22, 2022 regular meeting.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

22. ORDINANCES REVISING THE CITY'S MUNICIPAL CODE BY (1) ADDING BARKING DOG VIOLATIONS AND CIVIL FINES, (2) AMENDING VARIOUS CODE ENFORCEMENT PROCEDURES, (3) ADOPTING STANDARDS FOR

OVERSIZED VEHICLE PARKING AND FURTHER REGULATING COMMERCIAL VEHICLES, (4) ESTABLISHING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE ONTARIO FIRE CODE, (5) AMENDING PARKING

RESTRICTIONS RELATED TO STREET SWEEPING AND TRASH COLLECTION, (6) AMENDING AND CLARIFYING PERFORMANCE STANDARDS, REPORTING

OBLIGATIONS, AND ENFORCEMENT OUTCOMES RELATED TO THE
TRANSIENT OCCUPANCY TAX, (7) IMPLEMENTING REGULATIONS FOR THE SHORT TERM RENTAL OF PROPERTY IN THE CITY, (8) UPDATING PENALTIES FOR THE ILLEGAL CULTIVATION OF CANNABIS, (9)

ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY; (10) REFLECTING UPDATES TO

THE ONTARIO POLICE DEPARTMENT COMMAND STRUCTURE

The City Council introduced the following Ordinances:

A. An Ordinance to repeal certain sections of the Ontario Municipal Code and add a new Article 2.5 to Chapter 1 of Title 6, relating to the City’s regulation of barking dog violations and methods of enforcement related thereto.

B. An Ordinance to amend certain sections of the Ontario Municipal Code, relating to the City’s code enforcement procedures, including administrative civil penalties, citations, and appeals.

C. An Ordinance to amend Sections 4- 6.1009 and 4- 6.1016 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code, add Section 4- 6.1117 to Article 1 of Chapter 6 of Title 4 of the Ontario Municipal Code, and add Section 4-6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code adopting standards for oversized vehicle parking and further regulating the parking of commercial vehicles.

D. An Ordinance to add Section 4- 4.27 to Chapter 4 of Title 4 of the Ontario Municipal Code, relating to the City’s enforcement of the provisions of the Ontario Fire Code.

E. An Ordinance to amend Section 4-6.1019 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code, relating to parking restrictions on public streets for street sweeping and trash collection.

F. An Ordinance to amend Chapter 6 of Title 3 of the Ontario Municipal Code, relating to performance standards, reporting obligations, and enforcement outcomes related to the transient occupancy tax.

G. An Ordinance to add Section 5.03.363 to Division 5.03 of Chapter 5 of the Ontario Development Code, relating to regulations of short-term rentals. 20 Ontario City Council/Ontario Housing
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H. An Ordinance to amend Chapter 18 of Title 6 of the Ontario Municipal Code, relating to penalties for the illegal cultivation of cannabis.

I. An Ordinance to add Chapter 24 to Title 4 of the Ontario Municipal Code relating to the prohibition of unlawful possession of catalytic converters in the City.

J. An Ordinance to amend Section 2-3.210 of Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code reflecting updates to the Ontario Police Department command structure.

ORDINANCE NO. 3229 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REPEALING SECTIONS 6-1.217 THROUGH 6-1.223 OF ARTICLE 2 OF CHAPTER 1 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE, AND ADDING ARTICLE 2.5, “BARKING DOG AND NOISY ANIMAL VIOLATIONS AND CIVIL FINES,” TO CHAPTER 1 OF TITLE 6 OF

THE ONTARIO MUNICIPAL CODE

ORDINANCE NO. 3230 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTERS 1-2, 1-4, 1-5, 2-11, 4-6, AND 5-22 OF THE ONTARIO MUNICIPAL CODE RELATED TO VARIOUS CODE ENFORCEMENT PROCEDURES.

ORDINANCE NO. 3231 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTIONS 4-6.1009 AND 4- 6.1016 OF ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE, ADDING SECTION 4 -6.1117 TO ARTICLE 1 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE, AND ADDING SECTION 4 -6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE

ONTARIO MUNICIPAL CODE ADOPTING STANDARDS FOR OVERSIZED VEHICLE PARKING AND FURTHER REGULATING COMMERCIAL VEHICLES.

ORDINANCE NO. 3232 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING SECTION 4-4.27 TO CHAPTER 4 OF TITLE 4 OF THE ONTAR IO MUNICIPAL CODE

ESTABLISHING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE ONTARIO FIRE CODE.

ORDINANCE NO. 3233 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1019, “RESTRICTED PARKING FOR STREET SWEEPING SERVICES,” OF THE CITY’S MUNICIPAL CODE TO PROVIDE FOR RESTRICTED PARKING FOR PURPOSES OF TRASH COLLECTION.

ORDINANCE NO. 3234 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 6, “TRANSIENT OCCUPANCY TAXES,” OF TITLE 3 OF THE ONTARIO MUNICIPAL CODE.

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ORDINANCE NO. 3235 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW SECTION

5.03.363, “SHORT TERM RENTALS,” TO DIVISION 5.03 OF CHAPTER 5 OF THE

ONTARIO DEVELOPMENT CODE, IMPLEMENTING REGULATIONS FOR THE SHORT TERM RENTAL OF PROPERTY IN THE CITY.

ORDINANCE NO. 3236 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 18 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE UPDATING PENALTIES FOR THE ILLEGAL CULTIVATION OF CANNABIS.

ORDINANCE NO. 3237 (FIRS T READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 24 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 4 (PUBLIC SAFETY) OF THE ONTARIO MUNICIPAL CODE,

ESTABLISHING REGULATIONS PROHIBITING THE U NLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.

ORDINANCE NO. 3238 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2 -

3.210 OF ARTICLE 2 OF CHAPTER 3 OF TITLE 2 OF THE ONTARIO MUNICIPAL

CODE REF LECTING UPDATES TO THE ONTARIO POLICE DEPARTMENT COMMAND STRUCTURE.

Hearing no speakers, Mayor Leon opened the item for Council discussion. City Council asked various questions regarding the Ordinance updates to which Staff from various departments provided clarification.

MOTION: Moved by Council Member Bowman , seconded by Council Member Dorst-Porada and carried by a unanimous vote 5-0, to introduce Ordinance Nos. 322 9, 3230, 3231,3232, 3233, 3234, 3235, 3236, 3237, 3238, updating various sections of the Ontario Municipal Code.

PUBLIC COMMENTS

There was one written public comment emailed from Melissa Guadagnino regarding stray cat shelters.

Jesse Fonseca, began to share his concerns and used profanity.

Mayor Leon recessed the meeting at 7:35 p.m.

Mayor pro Tem Wapner left the meeting at 7:35 p.m.

Mayor Leon reconvened at 7:38 p.m.

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ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:39 p.m. and announced the next regular meeting to be held on Tuesday, December 20, 2022.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
23 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
DECEMBER 9, 2022
(Not Official Until Approved)

(Not Official Until Approved)

JOINT MEETINGS

The special meetings of the Ontario City Council and Housing Authority were held on Friday, December 9, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER – OPEN SESSION

Mayor Leon called the joint meetings to order at 10:01 a.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.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Dorst-Porada.

PUBLIC COMMENTS

There were no public comments.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa announced that copies of the final certification for Item No. 1 were placed at the dais and were added as an exhibit to the Resolution.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

1. CANVASS OF GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022.

The City Council adopted a resolution reciting the facts of the General Municipal Election, as it pertains to Measure Q, held on November 8th, 2022, and declared the results thereof and such other matters as provided by law. 24 Ontario City Council/Ontario Housing
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Page 2 of 3 ends

The whole number of votes including absentee votes cast for Tax Measure Q were as follows:

YES 15,972
NO 14,030

RESOLUTION NO. 2022-161 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE

RESULT OF THE GENERAL TAX MEASURE Q, AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

ORDINANCE NO. 3239 AN ORDINANCE OF THE PEOPLE OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 12 TO TITLE 3 OF THE ONTARIO MUNICIPAL CODE TO ENACT A ONE PERCENT (1%) GENERAL

TRANSACTIONS AND USE TAX (SALES TAX) TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION.

MOTION: Moved by Council Member Dorst -Porada, seconded by Council Member Bowman and carried by unanimous vote 4 -0, with Mayor pro Tem Wapner absent , to adopt Resolution No. 2022-161 and Ordinance No. 3239.

CONSENT CALENDAR

Council Member Dorst -Porada asked questions regarding Item No. 2. The Exec utive Finance Director, Armen Harkalyan answered Council Member Dorst-Porada’s questions regarding Item No. 2.

MOTION: Moved by Council Member Bowman , seconded by Council Member Dorst-Porada and carried by unanimous vote 4 -0, with Mayor pro Tem Wapner, to approve the Consent Calendar as presented.

2. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

HINDERLITER DE LLAMAS & ASSOCIATES (HDL) FOR SALES TAX

CONSULTING AND REVENUE RECOVERY SERVICES

The City Council authorized the City Manager or his designee to execute an amendment to the existing for sales tax consulting and revenue recovery services with Hinderliter de Llamas & Associates (HdL), of Brea, California, to add Transactions and Use Tax (Measure Q) consulting and revenue recovery services, for $3,120 for a new not to exceed amount of $622,446.

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3. ADOPT RESOLUTIONS FOR THE ADMINISTRATION AND EXAMINATION OF RECORDS OF THE LOCAL TRANSACTIONS AND USE TAX (MEASURE Q).

A. Adopted a Resolution authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration to implement a local transactions and use tax.

B. Adopted a Resolution rescinding Resolution No. 2020-143 and authorizing examination of sales or transactions and use tax by city officials and an independent contractor.

RESOLUTION NO. 2022-162 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA AUTHORIZING THE CITY MANAGER TO

EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPAR TMENT OF TAX

AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL
TRANSACTIONS AND USE TAX.

RESOLUTION NO. 2022-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RESCINDING RESOLUTION NO. 2020 -143

AND AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE

TAX RECORDS BY CERTAIN CITY OFFICIALS AND AN INDEPENDENT CONTRACTOR.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 10:08 a.m.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
26 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
DECEMBER 20, 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 Friday, December 20, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER – OPEN SESSION

Mayor Leon called the joint meetings to order at 6:30 p.m.

ROLL CALL

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

ABSENT: Council/Authority Members: Ruben Valencia

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

PLEDGE OF ALLEGIANCE

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

INVOCATION

The invocation was led by Pastor Maribel Zacapa, Church of God of Prophecy.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

1. CERTIFICATION OF THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION.

The City Council adopted a Resolution certifying the results of the November 8, 2022 General
Municipal Election as it relates to the positions of Mayor and City Council.

The whole number of votes including absentee votes cast for Mayor were as follows:

Ruben Valencia 10,129
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Paul Leon 15,583
Christian Garcia 3,461

The whole number of votes including absentee votes cast for Council Member were as follows:

Michael Duenas 4,283
Aaron Bratton 6,172
Jim W. Bowman 11,562
Norberto Corona 2,739
Alan D. Wapner 12,438
Celina Lopez 9,733

RESOLUTION NO. 2022-164 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

MOTION: Moved by Mayor pro Tem Wapner seconded by Council Member Dorst-Porada, and carried by unanimous vote 4-0, with Council Member Valencia absent, to adopt Resolution No. 2022-164.

Mayor Leon adjourned in sine die and called the meeting back to order at 6:38 p.m.

SPECIAL CEREMONIES

City Clerk Mautz administered the oath of office to Mayor Leon and Council Member Bowman. City Clerk Mautz deputized Mrs. Wapner to issue the oath of office for Mayor pro Tem Wapner.

Mayor Leon recessed the meetings at 6:47 p.m. and reconvened at 7:11 p.m.

PUBLIC COMMENTS

Lajerel Holloway, spoke on traffic issues on Vineyard Avenue and inquired about placing speed bumps.

Stephanie, announced upcoming events in the community.

Luis Garcia, requested help with integrated waste issues.

Katie Parker, announced opportunities with Division 3 of the Chino Water Basin Water Conservation District.

Karen May, asked about City policies to retain contracted employees.

Henry Hidalgo, was not present when called upon.
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Phillip Trujillo, spoke on issues regarding street parking.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa made no announcements.

CONSENT CALENDAR

Chris Robles, spoke on Item No. 17, thanking City Council and Staff for their hard work.

Karen May , spoke on I tem No. 17 noting her support for Map #17 with a preferred sequencing of districts 2 and 4 in 2024 and 1 and 3 in 2026.

MOTION: Moved by Council Member Dorst -Porada, seconded by Council Member Bowman and carried by unanimous vote 4 -0, with Council Member Valencia absent, to approve the Consent Calendar as presented.

2. APPROVAL OF MINUTES

Minutes for the regular meetings of the City Council and Housing Authority of November 15, 2022, and adjourned regular meetings of the City Council and Housing Authority of November 22, 2022 and approving same as on file in the Records Management Department.

3. BILLS & PAYROLL

Bills November 11, 2022 through December 1, 2022 in the amount of $31,035,189.99, and Payroll November 6, 2022 through November 19, 2022 in the amount of $5,400,374.96, when audited by the Finance Committee.

4. DESIGN SERVICES AGREEMENT FOR A TRAFFIC SIGNAL SYSTEM, SIGNAL

MODIFICATIONS AND BUS STOP IMPROVEMENTS

The City Council approved a Design Services Agreement with AGA Engineers, Inc., of Fullerton, California, to provide Design Services for a Traffic Signal System at San Antonio Avenue at Francis Street, signal modifications at Campus Avenue at Mission Blvd and Sultana Avenue at Mission Blvd, and ADA -compliant bus stop improvements at various locations in the amount $117,766 plus a 10% contingency of $11,776 for a total authorized amount expenditure of $129,542; and authorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.

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5. A DESIGN SERVICES AGREEMENT FOR THE EDISON AVENUE/ONTARIO

RANCH ROAD WIDENING PROJECT

The City Council approved a Design Services Agreement (on file in the Records Management Department) with Wood Rodgers, Inc., of San Diego, California, to provide engineering design services for the Edison Avenue/Ontario Ranch Road Widening Project in the amount of $191,347; and a uthorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.

6. A RESOLUTION APPROVING FINAL TRACT MAP NO. 20303, LOCATED AT

THE NORTHEAST

CORNER OF VIA ALBA AND ONTARIO CENTER PARKWAY

The City Council adopted a Resolution approving Final Tract Map No. 20303, located at the northeast corner of Via Alba and Ontario Center Parkway within the Ontario Center Specific Plan area.

RESOLUTION NO. 2022 -165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 20303

LOCATED AT THE NORTHEAST CORNER OF VIA ALBA AND ONTARIO CENTER PARKWAY.

7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AND EQUIPMENT

PURCHASE AGREEMENT FOR THE ACQUISITION OF POLICE DEPARTMENT

FRONTLINE PATROL EQUIPMENT

The City Council authorized the City Manager to execute an amendment to the professional services and equipment purchase agreement with Axon Enterprise, Inc., of Scottsdale, Arizona, for the purchase of new and replacement equipment, including tasers and body -worn camera systems for frontline police personnel, Fusus, Axon Air, Fleet 3 Advanced, as well as maintenance and data management services for 77 months in the amount of $9,254,760.

8. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH NEW

MILLENNIUM CONSTRUCTION SERVICES FOR ADDITIONAL OFFICE

IMPROVEMENT PROJECT MATERIALS

The City Council took the following actions:

A. Authorized a Change Order to the Construction Contract with New Millennium Construction Services of Chino Hills, California, in the amount of $26,674, for the City Hall First Floor Office Improvements Project.

B. Authorized the City Manager or his designee to execute said contract and authorized the filing of the notice of completion at the conclusion of all construction activities related to the project.

30 Ontario City Council/Ontario Housing
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9. AMENDMENTS TO THE DESIGN SERVICES AGREEMENT FOR CITYWIDE

ON-CALL ARCHITECTURAL SERVICES WITH HOLT ARCHITECTURE

The City Council authorized the City Manager or his designee to execute Amendment Nos. 4 and 5 to the existing Design Services Agreement with Holt Architecture of Palm Desert, California in an amount not to exceed $572,514.

10. AUTHORIZE THE PURCHASE OF FLEET VEHICLES

The City Council took the following actions:

A. Authorized the cooperative sole source purchase and delivery of one LP401 Low-Profile Remote -Control Skid Steer Vehicle in the amount of $160,000 plus a 20% contingency of $32,000 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not to exceed amount of $192,000, for the Parks and Maintenance Department from Hard Line USA, Inc. of Draper, Utah.

B. Authorized the cooperative purchase and delivery of one EV Mitsubishi Forklift in the amount of $45,000 plus a 20% contingency of $9,000 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not to exceed amount of $54,000, for the Police Department from Naumann Hobbs Material Handling of Fontana, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 091520-MCF.

C. Authorized the cooperative purchase and delivery of one Bobcat Skid Steer in the amount of $55,000 plus a 20% contingency of $11,000 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not to exceed amount of $66,000, for the Parks and Maintenance Department from Bobcat Company of West Fargo, North Dakota, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 040319-CEC.

D. Authorized the cooperative purchase and delivery of one John Deere Commercial Mower in the amount of $30,000 plus a 20% contingency of $6,000 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not to exceed amount of $36,000, for the Parks and Maintenance Department from Stotz Equipment of Montclair, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 031121-DAC.

E. Authorized the cooperative purchase and delivery of one John Deere Heavy Equipment Loader in the amount of $270,000 plus a 20% contingency of $54,000 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not to exceed amount of $324,000, for the Parks and Maintenance Department and one John Deere Heavy Equipment Backhoe in the amount of $175,000 plus a 20% contingency of $35,000 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not to exceed amount of $210,000, for the Utilities Department from RDO Equipment of Riverside, California, 31 Ontario City Council/Ontario Housing
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consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 032119-JDC.

11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR

LEGAL CONSULTING

The City Council authorize d the City Manager to execute Amendment No. 2 to the existing Professional Services Agreement with Jones & Mayer for legal consulting.

12. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT FOR SAM ALBA

MEMORIAL PARK

The City Council authorized the cooperative purchase of playground equipment for Sam Alba Memorial Park in the amount of $189,898 plus a 5% contingency of $9,495 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not to exceed amount of $199,393 from Innovative Playgrounds, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521-BUR.

13. AWARD A PROFESSIONAL SERVICES AGREEMENT FOR PRINTING

SERVICES RELATED TO THE ONTARIO LIVING MAGAZINE

The City Council took the following actions:

A. Authorized the City Manager to execute a three- year professional services agreement, with the option to extend for two additional years, with Eclipse Printing & Graphics LLC, DBA James Litho located i n Ontario, California, for an annual amount of $175,000 and a total compensation not to exceed of $875,000.

B. Authorized the future amendments to the scope of work consistent with City Council approved budgets for additional printing services that may be necessary or desired, related to the Ontario Living Magazine, a quarterly Publication distributed citywide.

14. AWARD OF GOODS & SERVICES AGREEMENT WITH NEXT/NOW FOR BUILT

ON WATER EXHIBIT

The City Council took the following actions:

A. Rejected SimInsight Inc.'s protest against Next/Now for the development of a Virtual Reality experience.

B. Authorized the City Manager to execute a Goods & Services Agreement with Next/Now from Chicago, Illinois, for services involving the development of a virtual reality experience for the Built on Water exhibit at the Ontario Museum of History and Art in an amount not to exceed $115,000.

C. Authorized a 10% contingency of $11,500 to address any unforeseen issues that may arise during the project.
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15. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2022 AND AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2022

The City Council accept ed the City of Ontario’s Annual Comprehensive Financial Report (ACFR) for the fiscal year ending June 30, 2022, and the City of Ontario's AB1600 Development Impact Fee (DIF) Annual Report (unaudited) for Fiscal Year ended June 30, 2022.

16. DESIGNATION OF VOTING DELEGATE FOR THE WEST VALLEY MOSQUITO

AND VECTOR CONTROL DISTRICT

The City Council appoint ed Mayor Paul Leon as the City Delegate Representative for the West Valley Mosquito and Vector Control District Board of Trustees for the 2023-2024 term.

17. ADOPTION OF AN ORDINANCE ADOPTING A MAP FOR THE DISTRICT-BASED

ELECTIONS UNDER THE CALIFORNIA VOTING RIGHTS ACT

The City Council adopted an Ordinance adding a new A rticle 3 to Title 2 of Volume 1 of the Ontario Municipal Code to change the C ity’s electoral system from at-large to by-district elections. Introduction and first reading took place at a regular meeting on December 6, 2022.

ORDINANCE NO. 3224 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 BYDISTRICT 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.

18. ADOPTION OF ORDINANCES REVISING THE CITY'S MUNICIPAL CODE BY (1) ADDING BARKING DOG VIOLATIONS AND CIVIL FINES, (2) AMENDING VARIOUS CODE ENFORCEMENT PROCEDURES, (3) ADOPTING STANDARDS

FOR OVERSIZED VEHICLE PARKING AND FURTHER REGULATING
COMMERCIAL VEHICLES, (4) ESTABLISHING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE ONTARIO FIRE CODE, (5) AMENDING PARKING

RESTRICTIONS RELATED TO STREET SWEEPING AND TRASH COLLECTION, (6) AMENDING AND CLARIFYING PERFORMANCE STANDARDS, REPORTING

ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION 33 Ontario City Council/Ontario Housing
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OF CATALYTIC CONVERTERS IN THE CITY; (10) REFLECTING UPDATES TO THE ONTARIO POLICE DEPARTMENT COMMAND STRUCTURE.

The City Council considered and took the recommend actions below on Ordinances that were introduced at a regular meeting on December 6, 2022:

A. Adopted an Ordinance to repeal certain sections of the Ontario Municipal Code and add a new Article 2.5 to Chapter 1 of Title 6, relating to the City’s regulation of barking dog violations and methods of enforcement related thereto.

B. Adopted an Ordinance to amend certain sections of the Ontario Municipal Code, relating to the City’s code enforcement procedures, including administrative civil penalties, citations, and appeals.

C. Adopted an Ordinance to amend Sections 4- 6.1009 and 4- 6.1016 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code, add Section 4-6.1117 to Article 1 of Chapter 6 of Title 4 of the Ontario Municipal Code, and add Section 4-6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code adopting standards for oversized vehicle parking and further regulating the parking of commercial vehicles.

D. Adopted an Ordinance to add Section 4- 4.27 to Chapter 4 of Title 4 of the Ontario Municipal Code, relating to the City’s enforcement of the provisions of the Ontario Fire Code.

E. Adopted an Ordinance to amend Section 4- 6.1019 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code, relating to parking restrictions on public streets for street sweeping and trash collection.

F. Adopted an Ordinance to amend Chapter 6 of Title 3 of the Ontario Municipal Code, relating to performance standards, reporting obligations, and enforcement outcomes related to the transient occupancy tax.

G. Adopted an Ordinance to add Section 5.03.363 to Division 5.03 of Chapter 5 of the Ontario Development Code, relating to regulations of short-term rentals.

H. Adopted an Ordinance to amend Chapter 18 of Title 6 of the Ontario Municipal Code, relating to penalties for the illegal cultivation of cannabis.

I. Adopted an Ordinance to add Chapter 24 to Title 4 of the Ontario Municipal Code relating to the prohibition of unlawful possession of catalytic converters in the City.

J. Adopted an Ordinance to amend Section 2-3.210 of Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code reflecting updates to the Ontario Police Department command structure.

ORDINANCE NO. 3229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REPEALING SECTIONS 6-1.217 THROUGH 6-1.223 OF ARTICLE 2 OF CHAPTER 1 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE, AND ADDING ARTICLE 2.5, “BARKING DOG AND NOISY ANIMAL VIOLATIONS AND CIVIL F INES,” TO CHAPTER 1 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE.
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ORDINANCE NO. 3230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTERS 1-2, 1-4, 1-5, 2-11, 4-6, AND 5-22 OF THE ONTARIO MUNICIPAL CODE RELATED TO VARIOUS CODE ENFORCEMENT PROCEDURES.

ORDINANCE NO. 3231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTIONS 4-6.1009 AND 4-6.1016 OF ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE, ADDING SECTION 4-6.1117 TO ARTICLE 1 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE, AND ADDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE ADOPTING

STANDARDS FOR OVERSIZED VEHICLE PARKING AND FURTHER
REGULATING COMMERCIAL VEHICLES.

ORDINANCE NO. 3232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING SECTION 4-4.27 TO CHAPTER 4 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE ESTABLISHING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE ONTARIO FIRE CODE.

ORDINANCE NO. 3233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4 -6.1019, “RESTRICTED PARKING FOR STREET SWEEPING SERVICES,” OF THE CITY’S MUNICIPAL

CODE TO PROVIDE FOR RESTRICTED PARKING FOR PURPOSES OF TRASH COLLECTION.

ORDINANCE NO. 3234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 6, “TRANSIENT
OCCUPANCY TAXES,” OF TITLE 3 OF THE ONTARIO MUNICIPAL CODE.

ORDINANCE NO. 3235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW SECTION 5.03.363, “SHORT TERM RENTALS,” TO DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO

DEVELOPMENT CODE, IMPLEMENTING REGULATIONS FOR THE SHORT TERM RENTAL OF PROPERTY IN THE CITY.

ORDINANCE NO. 3236 AN ORDINANCE OF THE CITY COUNCIL OF T HE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 18 OF TITLE 6 OF THE

ONTARIO MUNICIPAL CODE UPDATING PENALTIES FOR THE ILLEGAL CULTIVATION OF CANNABIS.

ORDINANCE NO. 3237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 24 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 4 (PUBLIC SAFETY) OF

THE ONTARIO MUNICIPAL CODE, ESTABLISHING REGULATIONS
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PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.

ORDINANCE NO. 3238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2 -3.210 OF ARTICLE 2 OF CHAPTER 3 OF TITLE 2 OF THE ONTARIO MUNICIPAL CODE REFLECTING UPDATES TO THE ONTARIO POLICE DEPARTMENT COMMAND STRUCTURE.

PUBLIC HEARINGS

19. A PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD20-001) AT 549 WEST HOLT BOULEVARD.

The City Council introduced and waived further reading of an Ordinance approving a Planned Unit Development, File No. PUD20- 001, establishing development standards, design guidelines, and infrastructure requirements to facilitate the development of a mixed-use project located at 549 West Holt Boulevard.

ORDINANCE NO. 32 40 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PUD20-001, A PLANNED UNIT DEVELOPMENT (THE ROOSEVELT TOWER

PLANNED UNIT DEVELOPMENT) ESTABLISHING DEVELOPMENT

STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE
REQUIREMENTS FOR 0.81-ACRE OF LAND LOCATED AT 549 WEST HO LT BOULEVARD, WITHIN THE MU- 1/LUA-3 (DOWNTOWN MIXED- USE/HOLT BOULEVARD DISTRICT) ZONING DISTRICT - APN: 1049-021-09.

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

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.

Juan Olmedo, spoke in support of local labor.

Hearing no other speakers, the Mayor closed the public hearing and opened the item for Council discussion. Mayor Leon spoke on his opposition to the item.

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by a 3-1 vote, with Mayor Leon opposed and Council Member Valencia absent, to introduce Ordinance No. 3240.

20. A PUBLIC HEARING TO CONSIDER AN EMERGENCY ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA22 -005, REVISING DIVISION 5.03 – SUPPLEMENTAL LAND USE REGULATIONS, SECTION 5.03.010 (ACCESSORY RESIDENTIAL STRUCTURES) IN ORDER TO BRING THE CITY’S CURRENT PROVISIONS GOVERNING ACCESSORY 36 Ontario City Council/Ontario Housing
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DWELLING UNITS INTO COMPLIANCE WITH THE REQUIREMENTS OF CALIFORNIA SENATE BILL NO. 897 (GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22).

The City Council considered and adopted an Urgency Ordinance approving File No.

PDCA22-005, amending Section 5.03.010 of Division 5.03 of Chapter 5 of the Ontario Development Code relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), consistent with the requirements of California Senate Bill No. 897 (Government Code sections 65852.2 and 65852.22).

ORDINANCE NO. 3241 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA22 -005, AMENDING SECTION 5.03.010 OF DIVISION 5.03 OF CHAPTER 5 OF THE

ONTARIO DEVELOPMENT CODE RELATING TO ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

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

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item, hearing no speakers, he closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Dorst -Porada, seconded by Council Member Bowman and carried by a unanimous 4-0 vote, with Council Member Valencia absent, to adopt Urgency Ordinance No. 3241.

STAFF MATTERS

City Manager Ochoa made no comments.

COUNCIL MATTERS

City Council Reorganization – Mayor pro Tem

Mayor pro Tem Wapner nominated Council Member Dorst-Porada as the next Mayor pro Tem.

MOTION: Moved by Mayor pro Tem Wapner , seconded by Council Member Bowman and carried by a unanimous 4-0 vote, with Council Member Valencia absent, to nominate Council Member Dorst-Porada as the next Mayor pro Tem.

Council Member Wapner announced the upcoming Hanukkah events.

Council Member Bowman made no comments.

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Mayor pro Tem Dorst-Porada spoke on the importance of emergency preparedness.

Mayor Leon noted the importance of ethics and his desire to define ethical behavior.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:55 p.m. and announced the next regular meeting to be held on Tuesday, January 17, 2023.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
38 Department: Engineering
Prepared By: Francisco Herrera
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

A DESIGN SERVICES AGREEMENT FOR A TRAFFIC SIGNAL SYSTEM (TR2304) AT

SAN ANTONIO AVENUE AND STATE STREET

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
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 Fiscal Year 2022-2023 Adopted Budget includes appropriations for the traﬃc signal system at San Antonio Avenue and State Street, in the amount of $800,000 from Road Maintenance and Rehabilitation Account (RMRA-SB1). The total recommended expenditure authorization with JMD for design services consists of $197,006 plus a ten percent (10%) contingency of $19,700 for a total of $216,706. The remaining $583,294 in RMRA-SB1 funds will be used for the construction phase and Union Pacific Railroad services.

BACKGROUND & ANALYSIS:

The Agreement will provide for engineering design services towards preparation of plans, speciﬁcations, estimates (PS&E), permit and utility coordination, and design support during construction for the new traﬃc signal. Due to the proximity of the traﬃc signal to the existing Union Pacific Railroad line, additional coordination will be required.

In October 2022, the City solicited proposals for the project and received one response. A selection team of City staﬀ reviewed the proposal and accepted JMD's proposal based upon the quality of their proposal, past performance on similar projects, experience working with Union Paciﬁc Railroad, and favorable references. JMD has agreed to a base fee of $197,006, which is deemed a fair and reasonable fee for the specified scope of work.
39 Department: Information Technology
Prepared By: Dale Wishner
Staff Member Presenting:

Colin Fernandes, Executive Director Information
Technology
Approved By:

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

A LICENSE AGREEMENT FOR MICROSOFT 365 SUBSCRIPTION WITH SOFTWAREONE INC.

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriations from the Information Technology Fund for an annual subscription and support service of Microsoft 365 products. The proposed License Agreement has an annual amount not-to-exceed $536,217, which includes a yearly subscription fee of $466,275 plus a 15% contingency amount of $69,942 for additional user licenses, if needed, with a total contract not-to-exceed amount of $1,608,651 for three-year term. If approved, appropriations will be added to the future years' budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS:

Microsoft 365 is a cloud-powered productivity platform that includes apps such as Microsoft Word, Excel, PowerPoint, Outlook, and Teams.

The City has leveraged Microsoft’s productivity suite for over 25 years, and the Microsoft 365 suite ensures the City is on the latest and most up to date version of these apps which play a major part in serving the citizens, businesses, and partners of the City.

As technology demands continue to increase, the City is able to leverage Microsoft 365 to meet such demands. During the COVID pandemic the City was able to quickly adapt and migrate to virtual meetings using the Microsoft Teams product. This ensured the City was able to continue providing the high level of service it is known for. Microsoft Teams is now used daily, not only for meetings, but for modern collaboration.

40 In general conformation with the provisions of Government Code Section 54201 through 54204, Ontario Municipal Code Section 2-6.29 allows for the purchase of supplies and equipment through cooperative purchasing programs, pursuant to California Government Code Section 6502 and City of Ontario Resolution No. 91-141. Cooperative purchasing allows the City to pool its procurement power with other public agencies to obtain lower pricing than otherwise might be possible.

The City
is leveraging the Riverside County Microsoft Enterprise Agreement (#8084445) to secure discounted pricing.
41 Department: Broadband Operations
Prepared By: Jimmy Chang
Staff Member Presenting:

Jimmy Chang, Broadband General Manager
Approved By:

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

CONSTRUCTION CONTRACTS FOR ON-CALL FIBER CONDUIT AND CABLE

INSTALLATION FOR THE EXPANSION OF THE CITY'S BROADBAND FIBER AND

WIRELESS NETWORK

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Approve Construction Contract No. BB-2022-002, On-call Fiber Cable Installation Services (on ﬁle in the Records Management Department), to SECC Corporation of Chino, California, to provide fiber optic cable installation services in the amount not to exceed $3,000,000; and C
.

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)
FISCAL IMPACT:

The Adopted Fiscal Year 2022-23 Budget includes appropriations for a total not to exceed amount of $11,000,000 in the Broadband Fiber Fund for the construction/installation of the City’s Broadband Fiber and Wireless Expansion Project Phase 1. Each contractor will be compensated on an on-call, as-needed basis at the rates outlined in their respective agreements.

There is no impact to the General Fund.

42 BACKGROUND & ANALYSIS:

Phase 1 of the City’s Broadband/Fiber Expansion Project, adopted by the City Council on July 20, 2021, expands OntarioNet’s primary ﬁber backbone routes and secondary lateral routes for ﬁber and wireless serving areas, and delivers Fiber-to-the-Home (FTTH) connections in identiﬁed serving areas. Once complete, Phase 1 will be capable of providing 20% of the City's area with wireless coverage, serve up to 1,900 single-family homes and 6,000 multi- dwelling units with ﬁber optic connectivity directly to residents’ homes, as well as serve up to 40 commercial business properties.

The customary way of soliciting bids for each project phase of the ﬁber network created limitations in addressing market conditions for service delivery. In response, Staﬀ recommends using unit- based “on-call” services for conduit and ﬁber installation. The City will purchase and warehouse the conduit, ﬁber, network, and wireless components such as ﬁber optic cable, conduit, handholes, network equipment, etc. The approved contractors will collect the materials from the City’s warehouse and provide the labor to complete the assigned work. Having the material and equipment on hand at the time of construction schedules lessens supply chain delays for ﬁber optic material and network equipment procurement and eliminates costly overhead and markup charges.

In November and December 2022, the City solicited bids for BB-2022-01 On-call Fiber Conduit (Bid #1604) and BB-2022-02 On-call Citywide Fiber Cable Installation (Bid #1596) services, and two responses were received for each bid. The following is a summary of the bids:

BB-2022-001 On-call Fiber Conduit Installation:

Company
Location
Sample Bid Unit Amount
HP Communications, Inc.

Corona, CA
$ 1,884,290.65
HHS Construction LLC
Ontario, CA
$ 1,924,945.00
BB-2022-002 On-call Fiber Cable Installation:

Company
Location
Sample Bid Unit Amount
SECC Corporation
Chino, CA
$ 407,304.81
HHS Construction LLC
Ontario, CA
$ 585,159.46
Staﬀ and the City’s ﬁber consultant reviewed the bids according to the methods outlined in the bid documents and recommend the awards to the following bidders based on their industry experience, financial stability, and lowest responsive bids:

BB-2022-001 On-call Fiber Conduit Installation (Bid #1604) - HP Communications, Inc. of Corona, CA BB-2022-002 On-call Fiber Cable Installation (Bid #1596) - SECC Corporation of Chino, CA

Both bidders demonstrated extensive experience placing ﬁber optic conduit and/or cable for major telecommunication companies within the city, region, and country. 43 Department: Community Improvement
Prepared By: Douglas J Sorel
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The levy of special assessments will result in the recovery of $69,398.01 in costs that the City has expended for inspection or abatement of property violations, as well as the collection of $11,970.00 associated with civil penalties and/or ﬁnes for continued violations, for a total of $81,368.01 related to 108 parcels. When received, these reimbursements will be deposited into the General Fund. The special assessment revenue is included in the Fiscal Year 2022-23 Adopted Budget.

BACKGROUND & ANALYSIS:

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

The City and County currently have a contractual agreement regarding implementation of special assessments; however, a Resolution authorizing the placement of the speciﬁc assessments is 44 required.

During this assessment cycle, the Community Improvement Department has billed property owners for: the abatement of violations; the issuance of ﬁnes associated with administrative citation; the issuance of fees and penalties associated with the Systematic Health and Safety Inspection Program; the issuance of registration fees and civil penalties associated with the Abandoned and Distressed Property Program; the issuance of notice and re-inspection fees; and, civil penalties for the Weed and Refuse Abatement Program on 189 parcels. Of these, there are remaining amounts due on 108 parcels. Attached are itemized accounts of: (1) costs associated with inspection or abatement as shown in Exhibit A of the Resolution; (2) civil penalties and/or ﬁnes for continued violations as shown in Exhibit B of the Resolution; and (3) total amounts per parcel as shown in Exhibit C of the Resolution. All aﬀected property owners were given notice of the imposition of special assessments via certiﬁed mail as provided in Ontario Municipal Code Section 1-4.05(a) and have either not requested an appeal or have exhausted the appellate procedure in Ontario Municipal Code Section 1-4.05(b).
45 RESOLUTION NO. ________

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

CALIFORNIA, ADOPTING A REPORT REQUESTING THE PLACEMENT

OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR CIVIL

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

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

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

SECTION 1. Confirmed the costs associated with inspection or abatement on the properties as set forth in the report in Exhibit A; and SECTION 2. Confirmed the civil penalties and/or fines for continued violations on the properties as set forth in the report in Exhibit B; and SECTION 3. Confirmed that Exhibit C contains the total amount assessed for both confirmed costs and confirmed civil penalties and/or fines for each of the properties; and
SECTION 4. Found and determined that the report, and Exhibits contained therein are true and accurate; and
SECTION 5. Adopts the above said report and finds that the costs of inspection or abatement on the properties listed are the costs set forth in Exhibit A, the civil penalties and/or fines for continued violations are the penalties and/or fines as set forth in Exhibit B, and the same are hereby charged and placed as special assessments upon the respective properties; and
SECTION 6. Directs Exhibit C shall be sent to the Auditor-Controller of San Bernardino County and shall be collected on the County tax roll.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
47 PASSED, APPROVED, AND ADOPTED this 17th day of January 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KRIEGER LLP

CITY ATTORNEY
48 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. 2023- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held January 17, 2023, 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. 2023- duly passed and adopted by the Ontario City Council at their regular meeting held January 17, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
49 City of Ontario
Community Improvement Department
2023/2024 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
0108-404-01 1316 E SEVENTH ST, Ontario, CA 91764 231.00 0108-601-70 1517 N BAKER AV, Building:1, Ontario, CA 91764 1,577.38 0110-061-01 1375 E HOLT BL, Ontario, CA 91761 140.00
0110-061-10 1201 E HOLT BL, Ontario, CA 91761 91.00
0110-071-06 1381 E HOLT BL, Ontario, CA 91761 91.00
0110-071-07 1381 E HOLT BL, Ontario, CA 91761 148.00
0110-241-57 1752 E G ST, Ontario, CA 91764 140.00
0113-461-14 1855 S LAKE PL, Ontario, CA 91761 365.93
0113-541-38 2708 S INVERNESS CT, Ontario, CA 91761 153.76 0113-564-27 1945 E RIVERSIDE DR, Building:1, Unit:19, Ontario, CA 91761 1,687.44 0210-181-06 809 N TURNER AV, Ontario, CA 91764 66.89
0210-551-08 0 E CENTRELAKE DR, Ontario, CA 91761 140.00 0216-174-07 0 S VINEYARD AV, Ontario, CA 91761 140.00
0216-174-08 0 S VINEYARD AV, Ontario, CA 91761 140.00
0216-391-11 1462 E TAM O'SHANTER ST, Ontario, CA 91761 346.89 0218-023-33 3363 E TREE BLOSSOM ST, Ontario, CA 91761 468.11 0218-191-04 13990 S ARCHIBALD AV, Ontario, CA 91761 91.00 0218-545-36 3262 S PORTSMOUTH LN, Ontario, CA 91761 91.00 0218-554-32 4904 S ROSEMARY WY, Ontario, CA 91762 91.00 0218-613-16 3193 E YELLOWSTONE DR, Ontario, CA 91762 99.00 0218-694-15 3464 E PARADUXX PRIVADO, Ontario, CA 91761 91.00 0218-713-14 4705 S JASMINE LN, Ontario, CA 91762 99.00
0218-781-33 3570 S MUSTANG DR, Ontario, CA 91761 91.00
0218-911-01 2943 E THOROUGHBRED ST, Ontario, CA 91761 376.56 0238-152-02 0 E SCE EASEMENT, Ontario, CA 91761 9,325.00 1008-291-10 1553 N HELEN CT, Ontario, CA 91762 386.89
1008-471-37 930 W LA DENEY DR, Ontario, CA 91762 91.00
1008-472-12 1027 W LA DENEY DR, Ontario, CA 91762 91.00 1008-522-01 1000 W FOURTH ST, Building:1, Unit:A, Ontario, CA 91762 148.00 1010-093-09 1521 W J ST, Ontario, CA 91762 15.69
1010-151-09 921 W FOURTH ST, Ontario, CA 91762 91.00
1010-163-24 860 W BERKELEY CT, Ontario, CA 91762 91.00
1010-191-05 932 W GRANADA CT, Ontario, CA 91762 91.00
1010-191-30 1025 W I ST, Ontario, CA 91762 4,733.08
1010-491-03 860 W HOLT BL, Ontario, CA 91762 2,014.02
1011-132-06 1065 W HOLT BL, Building:1, Ontario, CA 91762 502.94 1011-382-65 1045 W MISSION BL, Ontario, CA 91762 8,552.40 1011-421-11 0 S ELDERBERRY AV, Ontario, CA 91762 674.89 1011-421-12 0 S ELDERBERRY AV, Ontario, CA 91762 674.89 1011-521-15 1448 W CLAIR ST, Ontario, CA 91762 227.00
1046-511-18 0 E EIGHTH ST, Ontario, CA 91764 91.00
1047-252-15 340 W CAROLINE CT, Ontario, CA 91762 1,094.05 1048-102-20 711 E J ST, Unit:A, Ontario, CA 91764 46.00 1048-211-31 807 E GRANADA CT, Ontario, CA 91764 849.51

Page 1 ends

City of Ontario
Community Improvement Department
2023/2024 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
1048-213-23 713 E H ST, Ontario, CA 91764 147.00
1048-252-22 417 E H ST, Ontario, CA 91764 645.07
1048-366-01 206 E G ST, Ontario, CA 91764 91.00
1048-381-04 526 E G ST, Ontario, CA 91764 22,580.95
1048-392-14 647 E E ST, Building:1, Unit:101, Ontario, CA 91764 3,342.63 1048-471-14 1117 E HOLT BL, Ontario, CA 91761 239.00
1048-481-29 1001 E HOLT BL, Ontario, CA 91761 140.00
1048-481-29 957 E HOLT BL, Ontario, CA 91761 140.00
1048-525-12 127 N CAMPUS AV, Ontario, CA 91761 140.00
1048-566-07 303 N EUCLID AV, Building:1, Ontario, CA 91762 254.00 1049-091-05 541 E EMPORIA ST, Ontario, CA 91761 87.00
1049-101-38 700 E HOLT BL, Ontario, CA 91761 545.44
1049-172-02 1157 E CALIFORNIA ST, Ontario, CA 91761 140.00 1049-201-04 519 S CAMPUS AV, Ontario, CA 91761 91.00
1049-201-07 439 S CAMPUS AV, Ontario, CA 91761 140.00
1049-232-20 560 E PARK ST, Ontario, CA 91761 148.00
1049-245-04 318 E STATE ST, Ontario, CA 91761 140.00
1049-392-04 1030 S GROVE AV, Ontario, CA 91761 140.00
1050-031-19 414 W LOCUST ST, Ontario, CA 91762 91.00
1050-081-14 207 E BUDD ST, Ontario, CA 91761 140.00
1050-251-01 1727 S EUCLID AV, Ontario, CA 91761 414.00
1050-624-15 2115 S SAN ANTONIO AV, Ontario, CA 91762 793.23 1050-651-13 1459 S EUCLID AV, Unit:33, Ontario, CA 91761 46.00 1050-661-14 1459 S EUCLID AV, Unit:22, Ontario, CA 91761 46.00 1051-201-21 563 E OAK HILL ST, Ontario, CA 91761 91.00
1051-321-55 2522 S GROVE AV, Ontario, CA 91761 547.16
1051-351-69 958 E BERMUDA DUNES ST, Ontario, CA 91761 326.89 1053-281-03 0 E EDISON AV, Ontario, CA 91761 140.00
1073-281-39 4692 S SCOTT WY, Ontario, CA 91762 99.00
1083-391-25 2822 S OAK CREEK DR, Unit:C, Ontario, CA 91761 765.32 69,398.01

Page 2 ends

City of Ontario
Community Improvement Department
2023/2024 Tax Roll Year Special Assessments
Exhibit B - Civil Penalties and/or Fines for Continued Violations Parcel Number Address Amount Due
0108-573-04 1735 N CORONA AV, Ontario, CA 91764 120.00
0110-022-22 1816 E ELMA ST, Ontario, CA 91761 120.00
0110-022-25 1822 E ELMA ST, Ontario, CA 91761 120.00
0110-071-07 1381 E HOLT BL, Ontario, CA 91761 500.00
0110-352-04 1720 E PLAZA SERENA ST, Ontario, CA 91764 120.00 0110-376-13 1874 E PLAZA SERENA ST, Ontario, CA 91764 20.00 0216-391-11 1462 E TAM O'SHANTER ST, Ontario, CA 91761 40.00 0218-202-03 3071 E SILVER SKY DR, Building:, Unit:, Ontario, CA 91762 20.00 0218-545-03 3322 S NEWTON AV, Ontario, CA 91761 170.00
0218-545-36 3262 S PORTSMOUTH LN, Ontario, CA 91761 20.00 0218-613-16 3193 E YELLOWSTONE DR, Ontario, CA 91762 170.00 0218-713-14 4705 S JASMINE LN, Ontario, CA 91762 170.00 0218-911-01 2943 E THOROUGHBRED ST, Ontario, CA 91761 20.00 0238-012-30 5060 E FOURTH ST, Ontario, CA 91764 100.00
1008-291-10 1553 N HELEN CT, Ontario, CA 91762 20.00
1008-431-23 1133 W SIXTH ST, Ontario, CA 91762 840.00
1008-472-12 1027 W LA DENEY DR, Ontario, CA 91762 120.00 1008-522-01 1000 W FOURTH ST, Building:1, Unit:A, Ontario, CA 91762 500.00 1010-151-09 921 W FOURTH ST, Ontario, CA 91762 340.00
1010-151-14 914 W ROSEWOOD CT, Ontario, CA 91762 120.00 1010-163-24 860 W BERKELEY CT, Ontario, CA 91762 220.00 1010-462-02 430 N MOUNTAIN AV, Ontario, CA 91762 120.00 1011-181-11 1118 W MISSION BL, Building:1, Unit:A, Ontario, CA 91762 120.00 1011-181-11 1128 W MISSION BL, Building:2, Unit:A, Ontario, CA 91762 120.00 1011-421-11 0 S ELDERBERRY AV, Ontario, CA 91762 500.00 1011-421-12 0 S ELDERBERRY AV, Ontario, CA 91762 500.00 1011-554-56 0 E COMMON AREA, Ontario, CA 91762 340.00
1047-372-34 547 E FIFTH ST, Ontario, CA 91764 500.00
1047-441-16 1334 N PARKSIDE AV, Ontario, CA 91764 220.00 1047-473-39 1037 E FOURTH ST, Ontario, CA 91764 220.00
1048-071-41 223 E PLAZA SERENA ST, Ontario, CA 91764 320.00 1048-202-06 712 E H ST, Ontario, CA 91764 490.00
1048-211-20 859 E GRANADA CT, Ontario, CA 91764 170.00
1048-211-31 807 E GRANADA CT, Ontario, CA 91764 420.00
1048-321-13 605 W G ST, Ontario, CA 91762 120.00
1048-431-30 1046 E G ST, Ontario, CA 91764 420.00
1048-471-14 1117 E HOLT BL, Ontario, CA 91761 500.00
1049-066-02 444 E HOLT BL, Ontario, CA 91761 120.00
1049-101-29 829 E EMPORIA ST, Ontario, CA 91761 640.00
1049-231-11 552 E STATE ST, Ontario, CA 91761 340.00
1049-231-14 551 E PARK ST, Ontario, CA 91761 340.00
1049-232-20 560 E PARK ST, Ontario, CA 91761 500.00
1049-384-13 910 S GROVE AV, Ontario, CA 91761 120.00
1049-501-16 543 E BELMONT ST, Ontario, CA 91761 120.00

Page 1 ends

Page 2 ends

City of Ontario
Community Improvement Department
2023/2024 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
0108-404-01 1316 E SEVENTH ST, Ontario, CA 91764 231.00 0108-573-04 1735 N CORONA AV, Ontario, CA 91764 120.00
0108-601-70 1517 N BAKER AV, Building:1, Ontario, CA 91764 1,577.38 0110-022-22 1816 E ELMA ST, Ontario, CA 91761 120.00
0110-022-25 1822 E ELMA ST, Ontario, CA 91761 120.00
0110-061-01 1375 E HOLT BL, Ontario, CA 91761 140.00
0110-061-10 1201 E HOLT BL, Ontario, CA 91761 91.00
0110-071-06 1381 E HOLT BL, Ontario, CA 91761 91.00
0110-071-07 1381 E HOLT BL, Ontario, CA 91761 648.00
0110-241-57 1752 E G ST, Ontario, CA 91764 140.00
0110-352-04 1720 E PLAZA SERENA ST, Ontario, CA 91764 120.00 0110-376-13 1874 E PLAZA SERENA ST, Ontario, CA 91764 20.00 0113-461-14 1855 S LAKE PL, Ontario, CA 91761 365.93
0113-541-38 2708 S INVERNESS CT, Ontario, CA 91761 153.76 0113-564-27 1945 E RIVERSIDE DR, Building:1, Unit:19, Ontario, CA 91761 1,687.44 0210-181-06 809 N TURNER AV, Ontario, CA 91764 66.89
0210-551-08 0 E CENTRELAKE DR, Ontario, CA 91761 140.00 0216-174-07 0 S VINEYARD AV, Ontario, CA 91761 140.00
0216-174-08 0 S VINEYARD AV, Ontario, CA 91761 140.00
0216-391-11 1462 E TAM O'SHANTER ST, Ontario, CA 91761 386.89 0218-023-33 3363 E TREE BLOSSOM ST, Ontario, CA 91761 468.11 0218-191-04 13990 S ARCHIBALD AV, Ontario, CA 91761 91.00 0218-202-03 3071 E SILVER SKY DR, Building:, Unit:, Ontario, CA 91762 20.00 0218-545-03 3322 S NEWTON AV, Ontario, CA 91761 170.00
0218-545-36 3262 S PORTSMOUTH LN, Ontario, CA 91761 111.00 0218-554-32 4904 S ROSEMARY WY, Ontario, CA 91762 91.00 0218-613-16 3193 E YELLOWSTONE DR, Ontario, CA 91762 269.00 0218-694-15 3464 E PARADUXX PRIVADO, Ontario, CA 91761 91.00 0218-713-14 4705 S JASMINE LN, Ontario, CA 91762 269.00 0218-781-33 3570 S MUSTANG DR, Ontario, CA 91761 91.00
0218-911-01 2943 E THOROUGHBRED ST, Ontario, CA 91761 396.56 0238-012-30 5060 E FOURTH ST, Ontario, CA 91764 100.00
0238-152-02 0 E SCE EASEMENT, Ontario, CA 91761 9,325.00 1008-291-10 1553 N HELEN CT, Ontario, CA 91762 406.89
1008-431-23 1133 W SIXTH ST, Ontario, CA 91762 840.00
1008-471-37 930 W LA DENEY DR, Ontario, CA 91762 91.00
1008-472-12 1027 W LA DENEY DR, Ontario, CA 91762 211.00 1008-522-01 1000 W FOURTH ST, Building:1, Unit:A, Ontario, CA 91762 648.00 1010-093-09 1521 W J ST, Ontario, CA 91762 15.69
1010-151-09 921 W FOURTH ST, Ontario, CA 91762 431.00
1010-151-14 914 W ROSEWOOD CT, Ontario, CA 91762 120.00 1010-163-24 860 W BERKELEY CT, Ontario, CA 91762 311.00 1010-191-05 932 W GRANADA CT, Ontario, CA 91762 91.00
1010-191-30 1025 W I ST, Ontario, CA 91762 4,733.08

Page 1 ends

City of Ontario
Community Improvement Department
2023/2024 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1010-462-02 430 N MOUNTAIN AV, Ontario, CA 91762 120.00 1010-491-03 860 W HOLT BL, Ontario, CA 91762 2,014.02
1011-132-06 1065 W HOLT BL, Building:1, Ontario, CA 91762 502.94 1011-181-11 1118 W MISSION BL, Building:1, Unit:A, Ontario, CA 91762 120.00 1011-181-11 1128 W MISSION BL, Building:2, Unit:A, Ontario, CA 91762 120.00 1011-382-65 1045 W MISSION BL, Ontario, CA 91762 8,552.40 1011-421-11 0 S ELDERBERRY AV, Ontario, CA 91762 1,174.89 1011-421-12 0 S ELDERBERRY AV, Ontario, CA 91762 1,174.89 1011-521-15 1448 W CLAIR ST, Ontario, CA 91762 227.00
1011-554-56 0 E COMMON AREA, Ontario, CA 91762 340.00
1046-511-18 0 E EIGHTH ST, Ontario, CA 91764 91.00
1047-252-15 340 W CAROLINE CT, Ontario, CA 91762 1,094.05 1047-372-34 547 E FIFTH ST, Ontario, CA 91764 500.00
1047-441-16 1334 N PARKSIDE AV, Ontario, CA 91764 220.00 1047-473-39 1037 E FOURTH ST, Ontario, CA 91764 220.00
1048-071-41 223 E PLAZA SERENA ST, Ontario, CA 91764 320.00 1048-102-20 711 E J ST, Unit:A, Ontario, CA 91764 46.00 1048-202-06 712 E H ST, Ontario, CA 91764 490.00
1048-211-20 859 E GRANADA CT, Ontario, CA 91764 170.00
1048-211-31 807 E GRANADA CT, Ontario, CA 91764 1,269.51 1048-213-23 713 E H ST, Ontario, CA 91764 147.00
1048-252-22 417 E H ST, Ontario, CA 91764 645.07
1048-321-13 605 W G ST, Ontario, CA 91762 120.00
1048-366-01 206 E G ST, Ontario, CA 91764 91.00
1048-381-04 526 E G ST, Ontario, CA 91764 22,580.95
1048-392-14 647 E E ST, Building:1, Unit:101, Ontario, CA 91764 3,342.63 1048-431-30 1046 E G ST, Ontario, CA 91764 420.00
1048-471-14 1117 E HOLT BL, Ontario, CA 91761 739.00
1048-481-29 1001 E HOLT BL, Ontario, CA 91761 140.00
1048-481-29 957 E HOLT BL, Ontario, CA 91761 140.00
1048-525-12 127 N CAMPUS AV, Ontario, CA 91761 140.00
1048-566-07 303 N EUCLID AV, Building:1, Ontario, CA 91762 254.00 1049-066-02 444 E HOLT BL, Ontario, CA 91761 120.00
1049-091-05 541 E EMPORIA ST, Ontario, CA 91761 87.00
1049-101-29 829 E EMPORIA ST, Ontario, CA 91761 640.00
1049-101-38 700 E HOLT BL, Ontario, CA 91761 545.44
1049-172-02 1157 E CALIFORNIA ST, Ontario, CA 91761 140.00 1049-201-04 519 S CAMPUS AV, Ontario, CA 91761 91.00
1049-201-07 439 S CAMPUS AV, Ontario, CA 91761 140.00
1049-231-11 552 E STATE ST, Ontario, CA 91761 340.00
1049-231-14 551 E PARK ST, Ontario, CA 91761 340.00
1049-232-20 560 E PARK ST, Ontario, CA 91761 648.00
1049-245-04 318 E STATE ST, Ontario, CA 91761 140.00
1049-384-13 910 S GROVE AV, Ontario, CA 91761 120.00

Page 2 ends

City of Ontario
Community Improvement Department
2023/2024 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1049-392-04 1030 S GROVE AV, Ontario, CA 91761 140.00
1049-501-16 543 E BELMONT ST, Ontario, CA 91761 120.00
1049-561-15 1004 S PALM AV, Ontario, CA 91762 100.00
1050-031-19 414 W LOCUST ST, Ontario, CA 91762 211.00
1050-081-14 207 E BUDD ST, Ontario, CA 91761 140.00
1050-251-01 1727 S EUCLID AV, Ontario, CA 91761 414.00
1050-311-10 705 W LOCUST ST, Ontario, CA 91762 120.00
1050-624-15 2115 S SAN ANTONIO AV, Ontario, CA 91762 793.23 1050-651-13 1459 S EUCLID AV, Unit:33, Ontario, CA 91761 46.00 1050-661-14 1459 S EUCLID AV, Unit:22, Ontario, CA 91761 46.00 1051-041-03 527 W PHILADELPHIA ST, Ontario, CA 91762 120.00 1051-201-21 563 E OAK HILL ST, Ontario, CA 91761 91.00
1051-321-55 2522 S GROVE AV, Ontario, CA 91761 547.16
1051-351-69 958 E BERMUDA DUNES ST, Ontario, CA 91761 346.89 1051-541-21 847 E DEERFIELD ST, Ontario, CA 91761 120.00 1051-591-37 2880 S CALDWELL AV, Ontario, CA 91761 120.00 1053-281-03 0 E EDISON AV, Ontario, CA 91761 140.00
1073-281-39 4692 S SCOTT WY, Ontario, CA 91762 99.00
1083-061-05 2633 E RIVERSIDE DR, Ontario, CA 91761 120.00 1083-391-25 2822 S OAK CREEK DR, Unit:C, Ontario, CA 91761 765.32 108 81,368.01

Page 3 ends

Department: Community Development
Prepared By: Leonard Lui
Staff Member Presenting:

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

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

A DESIGN SERVICES AGREEMENT FOR THE SULTANA AVENUE STORM DRAIN AND

STREET IMPROVEMENTS PROJECT

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The total recommended expenditure authorization for Infrastructure Engineering Corporation consists of $738,731, plus a ten percent (10%) contingency of $73,874 for a total amount of $812,605. The $812,605 will be funded from RMRA-SB1 fund balance. Upon approval, the appropriations from RMRA-SB1 will be included in the Fiscal Year 2022-2023 Mid-year Budget Update.

BACKGROUND & ANALYSIS:

The Sultana Avenue Storm Drain is a regional Master Plan Facility that ranges from 48-inch reinforced concrete pipe (RCP) to 72-inch RCP, at a total length of approximately 9,700 linear feet (LF). The project is located along Sultana Avenue, from Fifth Street down to Transit Street, with major storm drain laterals built along J Street and Columbia Avenue. A project location map has been provided for reference (see attached Exhibit A).

The Agreement will provide for engineering design services for the preparation of plans, 57 speciﬁcations, estimates (PS&E) for the storm drain and street improvements, permit and utility coordination, hydrology and hydraulics, and design support during construction.

In December 2022, the City solicited proposals from a pre-qualiﬁed list of consultants and received four proposals that were reviewed by City staﬀ. After evaluation of the ﬁrms, City staﬀ recommends Infrastructure Engineering Corporation based upon quality of their proposal, past performance on similar projects, and favorable references. Infrastructure Engineering Corporation has agreed to a base fee of $738,731, which is deemed a fair and reasonable fee for the specified scope of work. 58 ProjectLocation
ExistingEast StateStorm Drain
59 Department: Police Department
Prepared By: Heather M Lugo
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:

A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT

WITH ONTARIO MILLS LIMITED PARTNERSHIP TO ALLOW FOR THE CONTINUED

PROVISION OF POLICE AND PUBLIC SAFETY SERVICES AT THE ONTARIO MILLS MALL

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council:

A
.

Maintain the Current High Level of Public Safety
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT:

The City of Ontario provides police and public safety services at the Ontario Mills Mall and receives payments from Ontario Mills Limited Partnership to oﬀset a portion of the costs.

This three-year extension will result in $157,500 of revenue to the City during the ﬁrst year, with fee increases for the second and third years predicated on the change of the Consumer Price Index, but not more than 5% per year. FY 2022-23 Adopted Budget includes revenues of $78,750 in the General Fund. If approved, revenue for future ﬁscal years will be included in the respective proposed operating budget for City Council approval.

BACKGROUND & ANALYSIS:

The original 1994 DDA for the Ontario Mills Mall project called for The Mills Corporation, as the developer, to pay to the City a portion of the costs incurred for the provision of police and public safety services at the mall. Upon expiration of the DDA, both the 60 Ontario Mills Limited Partnership (successor of The Mills Corporation), and the City of Ontario agree that continuation of police and public safety services is a beneﬁt to the mall tenants, shoppers and the community at large. As such, the parties have agreed to extend certain provisions of the DDA through December 31, 2025, retroactive to the expiration of the DDA's Second Amendment, resulting in payments to the City of $78,750 per six-month period, or a minimum of $472,500 over the term of the Agreement.
61 Department: Public Works
Prepared By: Vanny Khu
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: 9
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR GRANT MANAGEMENT SERVICES

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute the Amendment to the Professional Services Agreement with Transtech Engineers, Inc., of Chino, California, for two grant applications from the Environmental Protection Agency (EPA) in an amount not to exceed $13,300.

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 grant management services in the not-to-exceed amount of $13,300 will increase the current not-to-exceed authorization for the Professional Services Agreement from $4,287,215 to $4,300,515. The Fiscal Year 2022-23 Adopted Budget includes appropriations in the Integrated Waste Fund.

BACKGROUND & ANALYSIS:

On November 17, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of $100 million in grants for recycling infrastructure and recycling education and outreach projects across the country. The new grant programs support improvements to local waste management systems and recycling education and outreach, meeting Congress’ goal to create a stronger, more resilient, and cost-eﬀective U.S. municipal solid waste recycling program. The grant application was originally due on January 16, 2023; the deadline was extended to February 15, 2023. Due to the tight deadlines and the complexity of the grant programs, Public Works Staﬀ had on-call project management consultant, Transtech Engineers, Inc., provide data collection, determine cost estimates, prepare and collect letters of support, prepare narrative responses, develop budget, schedule, and federal forms, and draft and submit project application to funding agency by the deadline. Staﬀ recommends entering a contract amendment with Transtech Engineers, Inc. for grant management services to ensure the Integrated Waste Department can apply and utilize the grant funds to enhance recycling infrastructure and recycling education and outreach programs.
62 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: 10
SUBJECT:

AN AMENDMENT TO THE PROFESSONAL SERVICES AGREEMENT FOR

ENGINEERING DESIGN SERVICES FOR NATURAL GAS COMPRESSOR

REPLACEMENT AND UPGRADE PROJECT

CITY OF ONTARIO
Agenda Report
January 17, 2023
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:

The recommended Amendment No. 4 in the not-to-exceed amount of $16,070 will increase the current not-to-exceed amount from $188,320 to $204,390. The Fiscal Year 2022-23 Adopted Budget includes appropriations in the Mobile Source Air Fund for additional engineering services for equipment upgrades due to utility needs and capacity for the CNG Compressor Replacement and Upgrade Project.

BACKGROUND & ANALYSIS:

The City has owned and operated the CNG fueling facility since 1995.

Over the years, this facility has reduced the community’s collective carbon footprint, improved air quality, lowered dependency on fossil fuels and foreign oil, and enabled compliance with the South Coast Air Quality Management District Rule 1193 “Clean On-Road Residential and Commercial Refuse Collection Vehicles.” The facility provides CNG for 91 City vehicles, Ontario-Montclair School District buses, and the public via a CNG fueling station located at 1440 South Cucamonga Avenue.

On June 18, 2019, the City Council awarded a Professional Services Agreement with STV Energy Services Inc. to design the CNG Compressor Replacement and Upgrade Project. In March 2020, after deeper assessment of the existing facility and additional information from the Gas Company and Southern California Edison, the scope of work for the design of the Project needed to be 63 changed. On June 2, 2020, the City Council approved the additional scope of work for the Project, which included revised equipment to meet the future CNG needs and a phasing plan to allow for uninterrupted fueling operations during the construction of a new CNG Compressor. On May 17, 2022, the City Council approved an additional $34,690 in design costs for electrical upgrades to the new compressors and generator. During the construction, Xebec, the company that manufactures the gas dryers, went out of business and the gas dryer order was canceled. An alternate gas dryer was selected to replace the original order, which requires an additional $16,070 in costs. This new gas dryer needed to be reviewed by the Architect and submitted through the plan check process.

With the new dryers and the added plan checks, the time frame for the project has been extended to April 2023.
64 Department: Engineering
Prepared By: Antonio Alejos
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: 11
SUBJECT:

A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20253, LOCATED AT THE SOUTHEAST

CORNER OF ARCHIBALD AVENUE AND GUASTI ROAD

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

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 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. All public infrastructure improvements required for this subdivision will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS:

Final Parcel Map No. 20253, consisting of twenty-seven numbered lots and one lettered lot on approximately 53 acres of land, as shown on Exhibit A, has been submitted by the Developer, Ontario Airport Venture, LLC, a Delaware Limited Liability Company. Tentative Parcel Map No. 20253 was approved by the Planning Commission on January 25, 2022.

Improvements will include streets, storm drain, water main, recycled water, sewer main, ﬁber optic conduits, streetlights, traﬃc signal, parkway landscaping with irrigation, signing and striping. 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. 20253 and posted adequate security to ensure construction of the required improvements. 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.
65 I N T E R N A T I O N A L5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707Phone: (949) 472-3505 · MBAKERINTL.COM 66 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. 20253

LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AVENUE
AND GUASTI ROAD.

WHEREAS, Tentative Parcel Map No. 20253 submitted for approval by Ontario Airport Venture, LLC, a Delaware Limited Liability Company, was approved by the Planning Commission of the City of Ontario on January 25, 2022; and WHEREAS, Tentative Parcel Map No. 20253 consists of 27 numbered lots and 1 lettered lot, being a subdivision of Parcel 2 of Parcel Map No. 8144, recorded in Book 111 of Parcel Maps, Pages 61 through 65, in the office of the County Recorder of San Bernardino County; and
WHEREAS, to meet the requirements established as prerequisite to final approval of Parcel Map No. 20253, Ontario Airport 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.

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. 20253 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 17th day of January 2023. _____________________________________
PAUL S. LEON, MAYOR
67 ATTEST:
________________________________

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

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
68 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
69 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: 12
SUBJECT:

A GOODS & SERVICES AGREEMENT FOR CITY HALL OFFICE IMPROVEMENTS

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

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 reconﬁguration of oﬃce spaces and purchasing of Furniture, Fixtures, and Equipment (FF&E) cost for the City Hall Second Floor Oﬃce Improvements Project is $55,712. The Fiscal Year 2022-23 Adopted Budget includes appropriations of $55,712 in the Capital Projects Fund.

BACKGROUND & ANALYSIS:

On October 26, 2022, an Agreement was made with Kirksey & Co. for City Hall First Floor Oﬃce Improvements for a total of $84,911 plus a change order of $15,083 for a contract value of $99,994. The new Agreement with Kirksey & Co. will have a new contract value, not to exceed $155,706. The existing workspaces for City Hall Second Floor Oﬃce Improvements Project need remodeling and rehabilitation to accommodate operational and additional staﬃng needs. The project includes labor for reconﬁguration of oﬃce spaces and also purchasing of furniture, fixtures and equipment.

70 The furnishings, ﬁxtures, and equipment of the City Hall Second Floor Oﬃce Improvements Project is recommended to be purchased through the cooperative purchasing contract with Omnia #R191804 in the amount of $55,712.

In general conformation with the provisions of Government Code Section 54201 through 54204, Ontario Municipal Code Section 2-6.29 allows for the purchase of supplies and equipment through cooperative purchasing programs. Cooperative purchasing allows the City to pool its procurement power with other public agencies to obtain lower pricing than otherwise might be possible. 71 Department: Management Services
Prepared By: Claudia Y Isbell
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

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

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

TERMINATING RELATIONSHIP WITH SISTER CITY GUAMUCHIL, MEXICO

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution to end Sister City relationship with Guamuchil, Mexico.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

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

BACKGROUND & ANALYSIS:

The City of Ontario entered into its Sister City relationship with Guamuchil, Mexico in 1982.

Since then, the City of Ontario and the City of Guamuchil have enjoyed a ceremonial relationship, as part of the Sister Cities program, whereby the City of Ontario has donated various city equipment and have welcomed mayors, delegation and guests who visited as part of the program. As this term as Sister Cities comes to an end, t he City thanks and appreciates
the City of Guamuchil for the years of
shared experiences.
72 RESOLUTION NO. ___________

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

CALIFORNIA, TERMINATING RELATIONSHIP WITH SISTER CITY
GUAMUCHIL, SINALOA, MEXICO.

WHEREAS, on April 13, 1982, a letter from T. W. Dutton was submitted by the Ontario Sister Cities organization requesting that Council approve a Sister City affiliation with the city of Guamuchil in Sinaloa, Mexico; and
WHEREAS, The City of Ontario has had a long mutually productive relationship with its Sister City of Guamuchil. As part of the Sister Cities program, the City of Ontario has from time to time donated various used city equipment to the Sister City of Guamuchil for municipal purposes; and
WHEREAS, over the years, certificates of appreciation were presented and special ceremonies were held welcoming various mayors, delegation and guests who visited from the City of Guamuchil; and
WHEREAS, the City of Ontario has had a successful relationship with Sister City of Guamuchil for over forty years and would now like to bring a similar opportunity to another city.

NOW, THEREFORE, BE IT RESOLVED that the Members of the City Council of the City of Ontario hereby terminate the Sister City relationship with Guamuchil in Sinaloa, Mexico; and
BE IT FURTHER RESOLVED that pursuant to the adoption of this resolution, the Mayor or the Mayor’s designee is requested to notify the Mayor of Guamuchil in Sinaloa, Mexico or the appropriate public official of the termination of the Sister City relationship.

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

PASSED, APPROVED, AND ADOPTED this 17th day of January 2023. _____________________________________
PAUL S. LEON, MAYOR
73 ATTEST:
________________________________

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

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
74 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
75 Department: Housing
Prepared By: Katryna Gonzalez
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

LAND ACQUISITION AND RELOCATION SERVICES

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The proposed Amendment will increase the on-call services Agreement not-to- exceed amount from $1,195,813 to $1,295,813. The Consultant has agreed to the proposed billing rates and will be compensated for the scope of work at the approved billing rates, as set forth in the agreement. The funding for the proposed increase will come from Ontario Housing Authority funds.

There is no impact to the General Fund by this action.

BACKGROUND & ANALYSIS:

On August 19, 2019, after an extensive solicitation and procurement selection process, the City entered into an on-call Professional Services Agreement with Property Specialist, Inc. (dba CPSI) for land acquisition and relocation services. The selection was based on the ﬁrm's experience, knowledge, and qualiﬁcations. Their Agreement included an initial three-year term, with an option to extend for two additional years. On August 15, 2022, the ﬁrst option was used to extend the Agreement by one year.

The City/Authority continue to work on identifying and acquiring sites appropriate for aﬀordable housing. These projects require property acquisition and relocation services provided for by this Professional Services Agreement. This Amendment will increase the not-to-exceed amount and continue to utilize the services of this ﬁrm to advance ongoing projects with the overall goal of providing high quality housing options to residents at a variety of income levels. 76 Department: Communications and Community
Relations
Prepared By: Ria M Pavia
Staff Member Presenting:

Dan Bell, Communications and Community
Relations Director
Approved By:

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

AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH PRIMA

PARTNERS, LLC FOR STATE ADVOCACY SERVICES

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

The City currently has a contract with Prima Partners in the amount of $150,000.

The Agreement is set to expire on January 31, 2023. The proposed Amendment No. 2 will increase the current total not-to-exceed authorization by $150,000 annually, or $300,000 total for an additional two years, and bring the total not-to-exceed compensation to $450,000. Actual expenditures will be based on work completed at established billing rates detailed in the Agreement. The Fiscal Year 2022-23 Adopted Budget includes appropriations from the General Fund for these services.

BACKGROUND & ANALYSIS:

The contract with Prima Partners was established to navigate the adopted Council priorities State-wide. Prima Partners has demonstrated exceptional ability to work with the City's local delegation and key Committee Members. The partnership with them was successful in getting the Governor to sign City sponsored legislation (AB 744) to relinquish State Route 83 (Euclid Avenue) to the City of Ontario. Last year, extensive outreach and educational campaigns took place to advocate local control on land use issues. They also have specialized knowledge on the Bradley Burns 1% local sales tax. This continues to be instrumental in assisting the City with local distribution amounts.

77 The City's immediate needs remain for advocacy services as the Legislature will begin to introduce new bills in the coming months. It is recommended, the City retains Prima Partners through the next Legislative Session for continuity and their direct experience with Ontario specific projects. 78 Department: Recreation
Prepared By: Danielle Guevara
Staff Member Presenting:

Nicholas S. Gonzalez, Recreation & Community
Services Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT:

A GOODS AND SERVICES AGREEMENT FOR EMPLOYEE UNIFORMS AND EVENT

SUPPLIES

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Goods and Services Agreement is for 3 years and has a not to exceed amount of $300,000, for a yearly cost of $100,000. The Recreation & Community Services Fiscal Year 2022- 23 Adopted Budget includes appropriations of $100,000 for apparel purchases. Appropriations for years two and three will be added to the future ﬁscal year budgets, consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

The Recreation and Community Services Department orders employee uniforms and event supplies on a regular basis for youth & adult sports, programming, special events, and Staﬀ apparel.

On August 18, 2021, the City solicited bids for the purchase of employee uniforms and event supplies and received one response from J6D, who is located in Ontario.

Based on the bid results, the City entered into a one-year Agreement with J6D from October 2021 through October 2022. Based on that performance, Staﬀ recommends entering into a new 3-year term Agreement with J6D.

The selected supplier possesses the knowledge of the
Recreation and Community Services Department's speciﬁc needs and can meet the timelines needed for the Department’s operations.
79 Department: Utilities
Prepared By: Cynthia Heredia-Torres
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: 17
SUBJECT:

A CONSTRUCTION CONTRACT FOR THE DESTRUCTION OF WATER WELL NOS. 11, 15, 17, AND 26

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve the plans and speciﬁcations and award Contract No. UT1617-02 (on ﬁle in the Records Management Department) to General Pump of San Dimas, California, for the destruction of Water Well Nos. 11, 15, 17, and 26, in the amount of $541,575 plus a 10% contingency of $54,158, for a total not-to-exceed amount of $595,733, a term of 120 calendar days after issuance of notice to proceed, and authorize the City Manager or designee to execute said contract and ﬁle a notice of completion at the conclusion of all construction activities related to the project.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The recommended contract award to General Pump, Inc. is for $541,575 plus a 10% contingency of $54,158, for a total amount not to exceed $595,733. The total cost for the recommended action is $595,733. If approved, appropriations in the amount of $595,733 from the Water Capital Fund will be included in the Fiscal Year 2022-23 Mid-Year Budget Update Report to City Council.

There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City currently utilizes 17 active well sites with a total pumping capacity of approximately 55.6 million gallons per day, which is enough to supply the equivalent of up to 200,000 single-family households. Well Nos. 11, 15, 17, and 26 are currently inactive and non- operational. They were respectively constructed in 1958, 1960, 1963, and 1971 and have reached the end of their normal service life due to loss of designed production capacity and changes in expected groundwater quality. The recommendation is to safely abandon and destroy these wells.

Security and sanitation concerns have also been a problem at these sites due to vandalism, theft, and unauthorized occupation. Demolishing the wells and housing structures will help reduce the maintenance effort while preparing the inactive sites for alternative uses. 80 Destruction of Well No. 11 is located within the limits of the Ontario International Airport Authority
(OIAA) and will be abandoned in accordance with a separate land exchange Agreement that includes provisions for City wells on OIAA property.

Destruction of Wells Nos. 15, 17, and 26 will be
conducted in accordance with the water well standards of the State of California Department of Water Resources, the County of San Bernardino, and the plans and technical speciﬁcations for OMUC Contract No. UT1617-02. The work includes, but is not limited to, providing all labor, material, equipment, and services necessary to abandon, demolish, and dispose of Water Well Nos. 11, 15, 17, and 26, the pump pedestal, pipes, valves, and minor grading and paving work. A location map is provided for reference (see Exhibit A).

On November 8, 2022, two (2) bids were received for Bid No. 1579, Destruction of Water Well Nos. 11, 15, 17, and 26, OMUC Contract No. UT1617-02. The bids ranged from a low bid amount of $541,575 to a high bid amount of $693,475 as summarized below:

Bidder
Location
Amount
General Pump Company
S
an Dimas, CA
$541,575
South West Pump & Drilling, Inc.

Coachella, CA
$693,475
Staﬀ recommends the award to General Pump Company of San Dimas, California based on their expertise and ability to perform the work in a timely manner, their successful completion of this type of work in the past, and as the lowest responsible bidder.

ENVIRONMENTAL REVIEW:

The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from CEQA pursuant to California Code of Regulations Article 19 Section 15301, which states that operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of Class 1 “Existing Facilities” are exempt from the requirements of CEQA. Thus, no further CEQA analysis is required.
81 SIXTH ST.

FIFTH ST.

FOURTH ST.

I ST.

G ST.

D ST.

HOLT BLVD.

MISSION BLVD.

PHILLIPS ST.

FRANCIS ST.

M
OUNTAIN AVE.

SAN ANTONIO AVE.

GRO
VE AVE.

PHILADELPHIA
WALNUT ST.

ST.

RIVERSIDE DR.EUCLID AVE.

CAM
PUS AVE.

VINEYARD AVE.

ARCHIBALD AVE.

MISSION BLVD.

HAVEN AVE.

EIGHTH ST.

M
ILLIKEN AVE.

SCHAEFER AVE SCHAEFER AVE

ONTARIO RANCH RD

EXHIBIT A
CONTRACT NO. UT1617-02
WELL ABANDONMENT, WELL NOs 11, 15, 17, & 26
Well 26
Well 17
Well 11
Well 15
82 Department: Planning
Prepared By: Luis Batres
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Charles Mercier, Rudy Zeledon
Approved By:

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

AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD20-001) AT 549 WEST HOLT BOULEVARD

CITY OF ONTARIO
Agenda Report
January 17, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt an Ordinance approving a Planned Unit Development, File No. PUD20-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate the development of a mixed-use project located at 549 West Holt Boulevard.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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 FISCAL IMPACT:

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

BACKGROUND & ANALYSIS:

On December 20, 2022, the City Council introduced and waived further reading of an Ordinance approving the Planned Unit Development. The project site is composed of 0.81 acres of vacant land located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. Property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and is developed with the Ontario Village Commercial Shopping Center. The property to the south is within the IL (Light Industrial) zoning district and is developed with a mix of industrial uses. The properties to the east and west are within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and are developed with multi-tenant commercial uses.

The Ontario Plan Policy Plan (General Plan) designates the project area as Mixed-Use, permitting residential uses at a density of 25.0 to 75.0 du/ac and commercial development at an intensity of up to 2.0 FAR for oﬃce and retail developments. The Ontario Plan (TOP) describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, oﬃce and residential uses in a pedestrian friendly atmosphere. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed-Use District is also intended to provide new housing opportunities 83 that will provide increased demand for retail at more concentrated, strategic locations. The densities and intensities of the Mixed-Use land use designation represented within TOP are the range of anticipated development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or planned unit development (PUD).

The Policy Plan speciﬁes that the Downtown Mixed-Use Area is to be implemented through the approval of an Area Plan or PUD prior to the development of properties within the area. In compliance with this requirement, the Applicant submitted “The Roosevelt Tower Planned Unit Development” (included as Attachment “A” to the Ordinance), which is consistent with the vision and the goals and policies of the Policy Plan.

The purpose of the Roosevelt Tower PUD is to
implement TOP vision for the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, oﬃce and residential uses in a pedestrian friendly atmosphere; to promote high standards in urban design; and, to encourage the development of exceptionally high quality residential and commercial uses, while establishing regulations and standards for uses with special conditions and regulatory needs to ensure harmonious relationships with other surrounding land uses. The PUD will establish the development standards, design guidelines and infrastructure to serve the site and to
facilitate the development of a mixed-use development project at a density of

72.8 dwelling units per acre. In conjunction with the PUD submittal, the applicant has submitted a Development Plan application (File No. PDEV20-009)
to construct a 5-story (three-stories of
residential units over two-stories of podium parking), 59-unit apartment project with 2,500 square feet of ﬁrst ﬂoor retail space. Consistent with the requirements of the MU-1 (Downtown Mixed-Use) zoning district, the proposed PUD allows for uses intended to encourage retail and commercial uses to service local residents, visitors and employees, and attract pedestrian traﬃc along Holt Boulevard. The development regulations set forth in the PUD will govern the placement, height, and bulk of permitted buildings and structures; establish locational criteria for vehicular access to the site; establish parking and loading requirements; and, establish landscape and sign standards.

On July 26, 2022, the Planning Commission conducted
a public hearing to consider the above-
described PUD and concluded the hearing on that date. After considering all public testimony on the application, the Planning Commission unanimously approved (7-0) Resolution No. PC22-037,
recommending that the City Council approve the PUD document and adopted Resolution No. PC22- 038 approving the Development Plan, contingent on City Council approval of the PUD.

HOUSING ELEMENT COMPLIANCE:

The project is consistent with the Housing Element of the Policy Plan (General Plan) component of TOP, as the project site is not one of the properties in the Housing Element Sites Inventory contained in Tables B-1 and B-2 of the Housing Element Technical Report.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE:

The project site is located
within the Airport Inﬂuence Area of the Ontario International Airport and has been found to be consistent with the policies and criteria set forth within the Ontario International Airport Land Use Compatibility Plan.

ENVIRONMENTAL REVIEW:

The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In-Fill Development Projects) of the CEQA Guidelines and meets each of the following conditions:
84 (a)
The Project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. The proposed project is consistent with all applicable Policy Plan (general plan) policies, as well as with the requirements of the Roosevelt Tower PUD, and applicable Development Code regulations;

(b)
The proposed development occurs within city limits on a project site of no more than ﬁve acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 0.81-acre of land, which is surrounded by established commercial land uses;

(c)
The Project site has no value as habitat for endangered, rare, or threatened species. The site is void of any ﬂora or fauna, was previously graded, and is regularly maintained to prevent the growth of weeds and grasses;

(d)
Approval of the project would not result in any signiﬁcant eﬀects relating to traﬃc, noise, air quality, or water quality. The proposed mixed-use development is similar to, and of no greater impact than other allowed residential uses and commercial development projects within the MU- 1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district; and

(e)
The site can be adequately served by all required utilities and public services. The site is located within an area that is currently served by all required utilities and public services, including, but not limited to sewer, water, gas, electric and municipal solid waste services. 85 Case Planner: Luis E. Batres Hearing Body Date Decision Action Planning Director
Approval:

DAB 7/6/22 Approval Recommend
PC 7/26/22 Recommend (PUD)
Final (PDEV)
Submittal Date: 4/13/20 CC 9/6/22 Final (PUD)
F
ILE NOS: PUD20-001 and PDEV20-009
SU
BJECT: A Planned Unit Development (File No. PUD20 -001) to establish development standards, design guidelines and infrastructure requirement for 0.81 -acres of land, in conjunction with a Development Plan (File No. PD EV20-009) to construct a mixed -use project consisting of 59 multiple -family dwellings (three-stories of residential units ) over two-stories of podium parking and 2,500 square feet of first floor retail space, on property located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard District) zoning district ; (APN: 1049-021-09) submitted by Kathy Huynh. City Council action required for PUD only.

PR
OPERTY OWNER: Roosevelt Property Management
R
ECOMMENDED ACTION: That the Planning Commission consider and 1) adopt the resolution recommending the City Council approve the Planned Unit Development, File No. PUD20-001, and 2) adopt the resolution approving the Development Plan, File No.

PDEV20-009, pursuant to the facts and reasons contained in the staff report and resolution, and subject to the departmental conditions of approval included as Attachment A to the
resolution.

P
ROJECT SETTING: The
project site is comprised of

0.81-acres of vacant land
located at 549 West Holt
Boulevard, within the MU -
1/LUA-3 (Downtown Mixed -
Use/Holt Boulevard ) zoning
district and is depicted in
Figure 1: Project Location
Map. The property is
relatively flat, with a gentle
slope to the southwest
corner of the site and is
covered with perennial
303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

STAFF REPORT
July 26, 2022

HOLT BOULEVARD

SAN ANTONIO AVENUE

VINE AVENUE

BROOKS STREET

BONITA COURT
Figure 1: Project Location

PROJECT SITE
N
Approval /
Approved
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grasses. The Project site is rectangular in shape, with a lot depth of approximately 270 feet and a lot width of 140 feet. The property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard ) zoning district and is currently developed with the Ontario Village C ommercial Shopping Center. The property to the south is within the IL (Light Industrial) land use district and is developed with a mix of industrial uses. The properties to the east and west are located within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard) zoning district and are developed with multi- tenant commercial buildings. The existing surrounding land uses, zoning, and general plan and specific plan land use designations are summarized in the “Surrounding Zoning & Land Uses” table located in the Technical Appendix of this report.

PROJECT ANALYSIS:

(1) Background — On April 13, 2020, the Applicant submitted a Planned Unit Development application (File No. PUD20 -001, Roosevelt Tower Planned Unit Development) that will establish the development standards, design guidelines , and infrastructure requirements for the Project site. In conjunction with the Planned Unit Development (“PUD”), the Applicant submitted a Development Plan (File No. PDEV20 - 009) application requesting approval to construct a mixed-use project consisting of 59 multiple-family dwellings and 2,500 square feet of retail space (four tenant spaces), and two levels of podium parking. Pursuit to the Ontario Development Code, the PUD requires approval by both the Planning Commission and City Council.

On July 6, 2022 , the Development Advisory Board (“DAB”) conducted a hea ring and unanimously voted to recommend that the Planning Commission approve the subject Development Plan (File No. PDEV20 -009). The DAB’s purv iew does not extend to the proposed Planned Unit Development.

(2) Planned Unit Development —The Ontario Plan Policy Plan ( general plan) designates the project area as Mixed-Use, permitting residential uses at a density of 25.0 to 75.0 du/ac, and a development intensity of up to 2.0 FAR for office and retail development. The Ontario Plan describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, office and residential uses in a pedestrian friendly atmosphere. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed-Use District is also intended to provide new housing opportunities that will also provide increased demand for retail in more concentrated, strategic locations.

The densities and intensities of the Mixed-Use land use designation represented within The Ontario Plan ( “TOP”) are the intended level of anticipated development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or PUD.

The Policy Plan specifies that the Downtown Mixed -Use Area is to be implemented through the approval of an Area Plan or PUD prior to the develo pment of properties within the area. In compliance with this requirement, the Applicant has submitted the “Roosevelt Tower Planned Unit Development ” (included as Attachment “A” to the 87 Planning Commission Staff Report
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attached resolution), which is consistent with this vision and the goals and policies of the Policy Plan.

The purpose of the PUD is to secure a fuller realization of the Policy Plan than would result from the strict application of present zoning district regulations and to:

• Promote high standards in urban design;
• Encourage the development of exceptionally high quality, mixed -use, while establishing regulations and standards for uses with unique regulatory and design needs; and
• Ensure harmonious relationships with surrounding land uses.

A PUD is comparable to a Specific Plan in that it sets development regulations that are unique to a specific area; however, it is also unlike a Specific Plan in that a PUD is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project.

(a) Land Use and Development Regulations — Consistent with the requirements of the MU -1/LUA-3 (Downtown Mixed-Use/Holt Boulevard) zoning district, the “Roosevelt Tower Planned Unit Development” land use restrictions only permit commercial uses, or a mix of commercial and residential uses in the same building or on the same site, or stand-alone multiple -family projects. The maximum building height allowed is 75 feet. The minimum building setbacks allowed are two feet from the Holt Boulevard (north) property line, two feet from the Brooks Street (south) property line, and one-foot from the east and west property lines.

(b) Landscaping and Drainage — A conceptual landscape plan is required to be submitted with the Development Plan for construction of the project site. The plan will be required to specify all landscape and hardscape elements for the development plan site. Water conservation will be provided through low water using plant materials, hydro zones, water efficient irrigation and weather-based controllers. Landscaped areas may be used for storm water infiltration through vegetated swales, retention basins, or dry wells as needed with the use of appropriate planting materials. Broad canopy shade trees can be used to reduce heat gain on buildings, paving and parking areas. The land scape design shall meet the requirements of the Landscape Development Standards and shall create well-functioning spaces within a sustainable design. Trees along street frontages shall comply with the variety, size, and spacing as directed by the City of Ontario Master Street Tree Plan.

(c) Off-Street Parking and Circulation\Access — Parking, circulation, transit and infrastructure improvements will be provided as follows:

(i) Parking: Off-street parking is required to be provided on -site, at the rates required by the City of Ontario Development Cod e. No on -street parking will be allowed on Holt Boulevard, in front of the Project site. 88 Planning Commission Staff Report
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(ii) Circulation/Access: Vehicular access for the project site is provided at two points, including one 20 -foot-wide driveway on Holt Boulevard, at the northeast corner of the Project site , and one 20 -foot-wide driveway on Brooks Street, at the southeast corner of the Project site. After improvements are made from the West Valley Connector (“BRT”) Project, vehicular access from Holt Boulevard will be limited to right - in/right-out movements. Pedestrian connections to the project site will be provided from sidewalks within the PUD site.

(iii) Mass Transit: The PUD, a long with the future development entitlements for the site, will require the necessary infrastructure to serve the s ite and provide the necessary rights -of-way dedication s for street widening and to accommodate the future BRT line for the SBX West Valley Connector.

(iv) Street Improvements: The City of Ontario, as part of its street widening plan, and the developers of the PUD site, will be responsible to improve Holt Boulevard and Brooks Street to their ultimate widths. The proposed project will be required to dedicate 20 feet along the Project’s Holt Boulevard street frontage and two feet along the Project’s Brooks Street frontage.

(d) Architecture/Design Guidelines — The architectural design and details, outlined within the PUD, focus on the following elements:

• Appropriate scale and massing;
• Architectural style and design that are complementary and appropriate to its setting;
• Use of high -quality materials that will create visual interest, high quality, durable and appropriate for the architectural style;
• Appropriate site planning to ensure building orientation visibility from the street; • Roof form; and
• Building entry design.

The PUD requires the architectural theme of the project area to be contemporary or a modern style that generally responds to the region’s climate, including such features as outdoor circulation, outdoor courtyards/plazas, recessed window frames, awnings, and decorative canopies/ trellises. Additionally, buildings are to be oriented toward Holt Boulevard, and incorporate entry elements, interesting architecture, enhanced materials, and a pedestrian scale, to provide connection between the development and the public street.

Due to the size and scale of the PUD area, all sides of the buildings will be visible from the public street. As such, appropriate massing becomes more important to maintain the human-scale of the development and create a visually pleasing environment. Bay windows, stepped buildings, height changes, and setback variations between stores help to break up large buildings, as well as indicate entries and store locations to customers.

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(3) Development Plan —In conjunction with the Planned Unit Development, the Applicant is requesting Development Plan approval (File No. PDEV20-009) to construct a mixed-use project consisting of 59 multiple-family dwellings (three -stories of residential units) over two-stories of podium parking and 2,500 square feet o f first floor retail space.

Staff has worked with the A pplicant to design a project that meets the goals and requirements of the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard District) zoning district, the Roosevelt Tower PUD, and the goals and policies of The Ontario Plan (“TOP”).

The project characteristics are described below:

(a) Site Design/Building Layout —The proposed building is set back five feet from the Holt Boulevard (north) property line, two feet from the Brooks Street (south) property line , and one -foot from the east and west property lines. The residential structures above the two stories of podium parking will be set back 17 feet from Holt Boulevard (north) property line, 18 feet from the Brooks Street (south) property line and a zero-setback has been provided along the east and west property lines.

The Project has been oriented in a north -south orientation, with the front of the building and primary building entrance facing Holt Boulevard. The rear of the building will face Brooks Street.

The building is proposed at five -stories in height (68 feet) , comprised of three-stories of residential units constructed over two -stories of podium parking. Additionally, 2,500 square feet of retail space has been incorporated into the building’s ground floor, facing the Project’s Holt Boulevard street frontage. The retail space is divided into four separate units ranging from 540 to 760 square feet in area (see Exhibits B—Site Plan and Exhibit C— Floor Plans, attached). The retail unit characteristics are shown in Table 1, below.

Table 1: Retail Unit Characteristics
Unit No. Area (in SF)
Unit 1 760
Unit 2 600
Unit 3 600
Unit 4 540

The Project has been designed with two points of vehicular access, one on Holt Boulevard (north) and the second on Brooks Street (south). Holt Boulevard will serve as the primary access point for both residential and commercial units . The residential parki ng area is gated, limiting access to residents only. Designated parking for the commercial component is located on the ground floor, immediately behind the four retail units (see Exhibit C—Floor Plans, attached).

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The Project is proposed at a residential density of 72.8 du/ac, consisting of 13 studio units, 30 one-bedroom units, and 16 two-bedroom units. The residential units range from 403 to 987 square feet in area. The residential unit characteristics are shown in Table 2, below.

Table 2: Residential Unit Characteristics
Plan No. Area (In SF) Total Units No. Bedrooms No. Baths U-1 403 13 Studio 1 bath
U-2 987 6 2-bedrooms 2 baths
U-3 804 3 2 bedrooms 1 bath
U-4 571 21 1 bedroom 1 bath
U-5 532 9 1 bedroom 1 bath
U-6 860 7 2 bedrooms 2 baths

(b) Site Access/Circulation — The project has been designed in conformance with the development regulations, standards and design g uidelines of the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and the Roosevelt Tower PUD. The project proposes two points of vehicular access. Primary access is provided from Holt Boulevard, at the northeast corner of the Project site. Secondary access is provided from Brooks Street, at the southeast corner of the Project site. Pedestrian access into the building is proposed at the northwest corner of the building, through a lobby with elevator access. Pedestrian access to the r etail units is proposed from the Holt Boulevard public sidewalk. Residential units will be accessed through interior corridors located on each floor. Emergency access stairs have been incorporated at all four corners of the building (see Exhibits B—Site Plan and Exhibit C—Floor Plans, attached).

(c) Parking —The project has been parked in accordance with the Ontario Development Code and the Roosevelt Tower PUD requirements. The Project’s total required number of off-street parking spaces is 12 7 and 128 off-street parking spaces have been provided, exceeding the minimum requirement . All required parking will be located within the first two floors of the 5-story structure. Parking was calculated as shown on Table 3, below.

Table 3: Off-Street Parking Requirements
Use Ratio
Area (in SF) or
No. Dwelling
Units (DUs)
Total Required Provided
Commercial 4 spaces/1,000 SF 2,500 SF 10 10
Studio 1.5 spaces/DU 13 DUs 19 19
One-Bedroom 1.75 spaces/DU 30 DUs 52 53 **
Two-Bedroom 2 spaces/DU 16 DUs 32 32
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Table 3: Off-Street Parking Requirements
Use Ratio
Area (in SF) or
No. Dwelling
Units (DUs)
Total Required Provided
Guest 1Portion DUs <50: 0.25 space/DU
Portion DUs 50 to 100: 0.2 space/DU
50 DUs
9 DUs 14 14
Total 127 128
Note: **14 residential parking spaces (12%) are tandem

(d) Architecture —The Project proposes a Contemporary Architectural Design, exemplifying the type of high -quality architecture promoted by the Ontario Development Code, The Ontario Plan, and the Roosevelt Tower PUD (see Figure 2 : Holt Boulevard Perspective , Figure 3: Brooks Street Perspective, and Exhibit E —Elevations, attached). The mass and scale of the build ing along the Holt Boulevard frontage will serve to establish an urban sensibility, as envision by the MU-1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) zoning district. Additionally, the varying stacked massing of the building, in combination with the articulated roof line, deep exterior wall insets, and the various story step-downs along the front of the building, provides visual inter est and helps soften the pe destrian interface between the building façade and the street frontage along both Holt Boulevard and Brooks Street.

Special attention was given to the use of color, finished materials, building form, massing, and the use of architectural details. This is exemplified through the use of:

• Articulation in the building’s roof lines;
• Focal architectural towers that have been incorporated at different heights to add interest;
• A variety of horizontal cement board siding;
• Concrete Masonry;
• Spandrel glass;
• Cantilevered balconies and decorative canopies at the third, fourth and fifth floors;
• Extensive vision glass at the first and second floors; • Exterior smooth stucco finish;
• Enhanced lighting fixtures;
• Front an d side facing decorative railings at the third, fourth and fifth floor balconies;
• Incorporation of contrasting exterior building colors to add interest; • Decorative aluminum storefront framing; and
• Deep insets and pop-outs (2.5 feet to 16 feet) at key areas of the building. 92 Planning Commission Staff Report
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Figure 3: Brooks Street Perspective
Figure 2: Holt Boulevard Perspective

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(e) Landscaping — The project exceeds the minimum landscape requirements established by the City’s Development Code and the Roosevelt Tower PUD (see Exhibit F—Landscape Plan and Exhibit G—Landscape Plan Perspective, attached). The project will provide an average of 66 square feet of private open space per unit (60 square feet minimum required), in the form of private balconies, and 251.5 square feet of common open space for each unit (250 square feet minimum required). The common open space (14,853 square feet) will be provided on the third floor (podium deck) of the proposed five-story building, which is fully landscaped and amenitized. The third floor includes an exercise room, entertainment area, restrooms, built -in barbecues and serving counters, rubberized play surface, a decorative steel shade structure, decorative pavers, wood decking, decorative masonry block raised planters, decorative benches, lounge seating, dining tables and chairs, several decorative umbrella shades, two play structures and ping pong tables. The Holt Boulevard and Brooks Street setback areas both feature decorative paving and decorative potted plants.

(f) Signage —The project is required to comply with the Ontario Development Code and the Roosevelt Tower s PUD. A sign program is required to be submitted for review and approval prior to any signs being installed on the property.

(g) Utilities (drainage, sewer ) —The applicant has submitted a Preliminary Water Quality Management Plan (“PWQMP”), which establishes the Project’s compliance with storm water discharge/water quality requirements. The PWQMP includes site design measures that capture runoff and pollutan t transport by minimizing impervious surfaces and maximizes low impact development (“LID”) best management practices (“BMPs”), such as retention and infiltration, bio treatment, and evapotranspiration. The PWQMP proposes an underground infiltration system located beneath the podium parking structure along the south portion of the building. The system is designed to accept runoff from the building’s roof and third floor courtyard.

COMPLIANCE WITH THE ONTARIO PLAN: The proposed project 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; and
 Invest in the City’s Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)

(2) Vision.
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Distinctive Development:

 Commercial and Residential Development

 Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California.

(3) Governance.

Decision Making:

 Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices.

 G1-2 Long-term Benefit . We require d ecisions to demonstrate and document how they add value to the community and support the Ontario Vision

(4) Policy Plan (General Plan)

Land Use Element:

 Goal LU1: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.

 LU1-1 Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, an d foster the development of transit.

 LU1-6 Complete Community: We incor porate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers and visi tors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario. (Refer to Complete Community Section of Community Economics Element).

 Goal LU2: Compatibility between a wide range of uses.

 LU2-6: Infrastructure Compati bility: We require infrastructure to be aesthetically pleasing and in context with the community character.

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Housing Element:

 Goal H2: Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario.

 H2-5 Housing Design . We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices and other best practices.

 Goal H5: A full range of housing types and community services that meet the special housing needs for all individuals and families in Ontario, regardless of income level, age or other status.

 H5-2 Family Housing . We support the developme nt of larger rental apartments that are appropriate for families with children, including, as feasible, the provision of services, recreation and other amenities.

Community Economics Element:

 Goal CE1: A complete community that provides for all incomes and stages of life.

 CE1-6 Diversity of Housing. We collaborate with residents, housing providers and the development community to provide housing opportunities for every stage of life; we plan for a variety of housing types and price points to support our workforce, attract business and foster a balanced community.

 Goal CE2: A City of distinctive neighborhoods, districts, and corridors, where people choose to be.

 CE2-1 Development Projects . We require new development and redevelopment to create unique, high-quality places that add value to the community.

 CE2-2 Development Review . We require those proposing new development and redevelopment to demonstrate how their projects will create appropriately unique, functional and sustainable places that will compete well with their competition within the region.

 CE2-4 Protection of Investment . We require that new development and redevelopment protect existing investment by providing architecture and urban design of equal or greater quality.

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 CE2-5 Private Maintenance. We require adequate maintenance, upkeep, and i nvestment in private property because proper maintenance on private property protects property values.

Safety Element:

 Goal S1: Minimized risk of injury, loss of life, property damage and economic and social disruption caused by earthquake-induced and other geologic hazards.

 S1-1 Implementation of Regulations and Standards. We require that all new habitable structures be designed in accordance with the most recent California Building Code adopted by the City, including provisions regarding lateral forces and grading.

Community Design Element:

 Goal CD1: A dynamic, progressive city containing distinct neighborhoods and commercial districts that foster a positive sense of identity and belonging among residents, visitors, and businesses.

 CD1-1 City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing the diverse character of our existing viable neighborhoods.

 CD1-2 Growth Areas . W e require development in growth areas to be distinctive and unique places within which there are cohesive design themes.

 CD1-3 Neighborhood Improvement. We require viable existing residential and non -residential neighborhoods to be preserved, protected, and enhanced in accordance with our land use policies.

 Goal CD2 : A high level of design quality resulting in public spaces, streetscapes, and developments that are attractive, safe, functional and distinct.

 CD2-1 Quality Architecture . We encourage all dev elopment projects to convey visual interest and character through:

• Building volume, massing, and height to provide appropriate scale and proportion;
• A t rue architectural style which is carried out in plan, section and elevation through all aspects of the building and site design and appropriate for its setting; and
• Exterior building materials that are visually interesting, high quality, durable, and appropriate for the architectural style.

 CD2-2 Neighborhood Design. We create distinct residential neighborhoods 97 Planning Commission Staff Report
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that are functional, have a sense of community, emphasize livability and social interaction, and are uniquely identifiable places through such elements as:

• A pattern of smaller, walkable blocks that promote access, activity and safety;
• Variable setb acks and parcel sizes to accommodate a diversity of housing types;
• Traffic calming measures to slow traffic and promote walkability while maintaining acceptable fire protection and traffic flows; • Floor plans that encourage views onto the street and de-emphasize the visual and physical dominance of garages (introducing the front porch as the “outdoor living room”), as appropriate; and
• Landscaped parkways, with sidewalks separated from the curb.

 CD2-7 Sustainability. We collaborate with the development commu nity to design and build neighborhoods, streetscapes, sites, outdoor spaces, landscaping and buildings to reduce energy demand through sol ar orientation, maximum use of natural daylight, passive solar and natural ventilation, building form, mechanical and structural systems, building materials and construction techniques.

 CD2-8 Safe Design. We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking areas by avoiding physically and visually isolated spaces, maintenance of visibility and accessibility, an d use of lighting.

 CD2-9 Landscape Design. We encourage durable landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits.

 CD2-10 Surface Parking Areas. We require parking areas visible to or used by the public to be landscaped in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include shade trees, pervious surfaces, urban run-off capture and infiltration, and pedestrian paths to guide users through the parking field.

 CD2-11 Entry Statements . We encourage the inclusion of amenities, signage and landscaping at the entry to neighborhoods, commercial centers, mixed use areas, industrial developments, and public places that reinforce them as uniquely identifiable places.

 CD2-12 Site and Building Signage. We encourage the use of sign programs that utilize complementary materials, colors, and themes. Project signage should be designed to effectively communicate and d irect users to various aspects of the development and complement the character of the structures.

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 CD2-13 Entitlement Process. We work collaboratively with all stakeholders to ensure a high degree of certainty in the efficient review and timely processing of all development plans and permits.

 Goal CD3 : Vibrant urban environments that are organized around intense buildings, pedestrian and transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing and safe during all hours.

 CD3-1 Design . We require that pedestrian, vehicular, bicycle and equestrian circulation on b oth public and private property be coordinated and designed to maximize safety, comfort and aesthetics.

 CD3-2 Connectivity Between Streets, Sidewalks, Walkways and Plazas . We require landscaping and paving be used to optimize visual connectivity between streets, sidewalks, walkways and plazas for pedestrians.

 CD3-3 Building Entrances . We require all building entrances to be accessible and visible from adjacent streets, sidewalks or public open spaces.

 CD3-5 Paving. We require sidewalks and road surfaces to be of a type and quality that contributes to the appearance and utility of streets and public spaces.

 CD3-6 Landscaping. We utilize landscaping to enhance the aesthetics, functionality and sustainability of streetscapes, outdoor spaces and buildings.

 Goal CD5: A sustained level of maintenance and improvement of properties, buildings and infrastructure that protects the property values and encourages additional public and private investments.

 CD5-1 Maintenance of Buildings and Property . We require al l public and privately-owned buildings and property (including trails and easements) to be properly and consistently maintained.

 CD5-2 Maintenance of Infrastructure . We require the continual maintenance of infrastructure.

HOUSING ELEMENT COMPLIANCE: The project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties in the Available Land Inventory contained in Table A- 3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE: The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires 99 Planning Commission Staff Report
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that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan (“ALUCP”), establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of Sa n Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area , as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. Th e proposed project is located within the Airport Influence Area of Ontario International Airport and was evaluated and found to be consistent with the policies and criteria of the ALUCP. Any special conditions of approval associated with uses in close proximity t o the airport are included in th e conditions of approval provided with the attached Resolution.

ENVIRONMENTAL REVIEW: The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In- Fill Development) of the CEQA Guidelines, which consists of:

(1) The Project is consistent with the applicable general plan designation and all applicable general plan policies , as well as with applicable zoning designation and regulations. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. The proposed project is consistent with all applicable Policy Plan (general plan) policies, as well as with the requirements of the Roosevelt Tower PUD, and applicable Development Code regulations.

(2) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 0.81-acre of land, which is surrounded by established commercial land uses.

(3) The Project site has no value as habitat for endangered, rare, or threatened species. The site is void of any flora or fauna, was previously graded , and is regularly maintained to prevent the growth of weeds and grasses.

(4) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed mixed-use development is similar to, and of no greater impact than other allowed residential uses and commercial development projects within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard District) zoning district.

(5) The site can be adequately served by all required utilities and public services. The site is located within an area that is currently served by all required utilities and public services, including, but not limited to sewer, water, gas, electric and municipal solid waste services.

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CONDITIONS OF APPROVAL: See attached department reports. 101
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TECHNICAL APPENDIX:

Surrounding Zoning and Land Use:

Existing Land Use General Plan
Designation Zoning Designation Specific Plan Land
Use
Site Vacant Land MU
(Mixed-Use)
MU-1/LUA-3 (Downtown Mixed-
Use/Holt Boulevard District) N/A
North
Ontario Village
Commercial Shopping
Center & Auto Smog
Shop
MU
(Mixed-Use)
MU-1/LUA-3 (Downtown Mixed-
Use/Holt Boulevard District)
N/A
South Industrial Industrial IL (Light Industrial) N/A
East Multi-Tenant
Commercial
MU
(Mixed-Use)
MU-1/LUA-3 (Downtown Mixed-
Use/Holt Boulevard District)
N/A
West Commercial MU
(Mixed-Use)
MU-1/LUA-3 (Downtown Mixed-
Use/Holt Boulevard District)
N/A

Off-Street Parking:

Use Ratio
Area (in SF) or
No. Dwelling
Units (DUs)
Total Required Provided
Commercial 4 spaces/1,000 SF 2,500 SF 10 10
Studio 1.5 spaces/DU 13 DUs 19 19
One-Bedroom 1.75 spaces/DU 30 DUs 52 53 **
Two-Bedroom 2 spaces/DU 16 DUs 32 32
Guest Portion DUs <50: 0.25 space/du
Portion DUs 50 to 100: 0.2 space/DU
50 DUs
9 DUs 14 14
Total 127 128
Note: **14 residential parking spaces (12%) are tandem

General Site & Building Statistics
Item Required Min./Max. Provided (Ranges) Meets
Y/N
Project area (in acres): 0.81 Acres 0.81 Acres Y
Maximum project density
(dwelling units/ac):

25.1 -75.0 du/ac 72.8 du/ac Y
Front yard setback (in FT): 2’ 5’ Y
Side yard setback (in FT): 1’ 1’ Y
Rear yard setback (in FT): 2’ 2’ Y
Maximum dwelling units: 59 59 Y
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Item Required Min./Max. Provided (Ranges) Meets
Y/N
Maximum height (in FT): 75’ 68’ Y
Parking – resident: 11 118 Y
Commercial -Parking 10 10 Y
Parking – guest: 14 14 Y
Open space – private: 60 sq. ft. 66 sq. ft. Y
Open space – common: 250 sq. ft. per unit 251.5 sq. ft. per unit Y

Dwelling Unit Statistics:

Plan No. Area (In SF) Total Units No. Bedrooms No. Baths Private Open Space (in FT)
U-1 403 13 Studio 1 bath 66
U-2 987 6 2-bedrooms 2 baths 66
U-3 804 3 2 bedrooms 1 bath 66
U-4 571 21 1 bedroom 1 bath 66
U-5 532 9 1 bedroom 1 bath 66
U-6 860 7 2 bedrooms 2 baths 66

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Exhibit A—PROJECT LOCATION MAP
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Exhibit B—SITE PLAN
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Exhibit C—FLOOR PLANS
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Exhibit D—FLOOR PLANS
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Exhibit E—ELEVATIONS

Font Elevation - Holt Blvd.

Rear Elevation - Brooks Street
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Exhibit E—ELEVATIONS (Continued)
West Elevation
East Elevation
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Exhibit F— LANDSCAPE PLAN
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Exhibit G—LANDSCAPE PLAN PERSPECTIVES
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RESOLUTION NO. PC22-037

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
APPROVE FILE NO. PUD20-001, A PLANNED UNIT DEVELOPMENT
(ROOSEVELT TOWER PLANNED UNIT DEVELOPMENT) TO

ESTABLISH DEVELOPMENT STANDARDS, DESIGN GUIDELINES AND
INFRASTRUCTURE REQUIRMENTS ON 0.81 ACRES OF LAND
LOCATED AT 549 WEST HOLT BOULEVARD, WITHIN THE MU-1/LUA-3 (DOWNTOWN MIXED- USE/HOLT BOULEVARD) ZONING DISTRICT ,
AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1049-021-09.

WHEREAS, Kathy Huynh ("Applicant") has filed an Application for the approval of a Planned Unit Development , File No. P UD20-001, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and

WHEREAS, the Application applies to 0.81 acres of land located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard) zoning district and the site is presently vacant land; and

WHEREAS, the property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard) zoning district and is developed adjacent to the Ontario Village Commercial Shopping Center . The property to the south is within the IL (Light Industrial) zoning district and is developed with a mix of industrial uses . The property to the east and west are within the MU -1/LUA-3 (Downtown Mixed- Use/Holt Boulevard) zoning district and are developed with multi-tenant commercial uses; and

WHEREAS, in conjunction with the Planned Unit Development (Roosevelt Tower Planned Unit Development) application, the Applicant has submitted a Development Plan Application (File No. PDEV20-009) application to construct a mixed-use project consisting of 59 multiple- family dwellings (three -stories of residential units over two- stories of podium parking and 2,500 square feet of first floor retail space) on the Project site .

Approval of the Development Plan application will not be final and complete until the Roosevelt Tower Planned Unit Development, File No. PUD20- 001, has been approved by the City Council; and

WHEREAS, the Ontario Plan Policy Plan ( general plan) designates the Project area as MU (Mixed-Use). The Ontario Plan describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed Use is also intended to provide new housing opportunities that will also provide increased demand for retail in more concentrated, strategic locations. The densities and intensities of the mixed- use designation represented within The Ontario Plan ( “TOP”) are the intended level of anticipated 112
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development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or planned unit development; and

WHEREAS, the Policy Plan specifies that the Downtown Mixed-Use Area is to be implemented through the approval of an Area Plan or Planned Unit Development (“PUD”) prior to the development of properties within the area. In complia nce with this requirement, the A pplicant has submitted the “Roosevelt T ower Planned Unit Development” (included as “Attachment A” to this resolution), which is consistent with this vision and the goals and policies of the Policy Plan; and

WHEREAS, the purpose of the PUD is to secure a fuller realization of the Policy Plan than would result from the strict application of present zoning district regulations and to:
 Promote high standards in urban design;

 Encourage the development of exceptionally high quality, mixed- use, medium to high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs;

 Ensure harmonious relationships with surrounding land uses; and

WHEREAS, the Application is a project pursuant to the California Environmental Quality Act, commencing with Public Resources Code Section 21000 (hereinafter referred to as "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 Planning Commission the responsibility and authority to review and make recommendation to the City Council on the subject Application; and

WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and

WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, 113
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and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (“ALUCP”), which applie s only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; 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 July 26, 2022 , the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and

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

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

SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, the Planning 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 Planning Commission, the Planning Commission finds as follows:

(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and

(2) The Project is categorically exempt from environmental review pursuant to Section 15332 (Class 32, In-Fill Development,) of the CEQA Guidelines , which consists of projects characterized as infill developments, meeting the following conditions:

a) The Project is consistent with the applicable general plan designation and all applicable general plan policies, as well as the applicable zoning designation and regulations. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU -1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) zoning district . The development standards and conditions under which the proposed Project will be constructed and maintained, is consistent with the goals, policies, plans and exhibits of the Policy Plan (General Plan) component of the Ontario Plan.

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b) The proposed development occurs within city limits, on a Project site of no more than five acres and is substantially surrounded by urban uses . The Project site is 0.81-acres of land, located within the incorporated boundaries of the City of Ontario.

Furthermore, the site is situated within a fully urbanized area that is characterized by a mix of industrial and multi-tenant commercial developments.

c) The Project site has no value as habitat for endangered, rare, or threatened species. The site is currently vacant land, with no value to endangered, rare or threatened species.

d) Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality. Conditions of approval have been imposed on the Project, which will mitigate any significant effects relating to traffic, noise, air quality, or water quality.

e) The Project can be adequately served by all required uti lities and public services. The site is located within an area that is currently served by all required utilities and public services, including, but not limited to sewer, water, gas, electric and municipal solid waste services; and

(3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and

(4) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.

SECTION 2: Housing Element Compliance . Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Project, the Planning Commission finds that based on the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the Project site is not one of the properties in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

SECTION 3: Ontario International Airport Land Use Compatibility Plan (“ALUCP”) Compliance. The California State Aeronautics Ac t (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with t he policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the ALUCP, establishing the Airport Influence Area for Ontario International Airport (hereinafter referred to as “ONT”), which encompasses lands 115
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within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending authority for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ALUCP com patibility factors, including [1] Safety Criteria (ALUCP Table 2-2) and Safety Zones (ALUCP Map 2-2), [2] Noise Criteria (ALUCP Table 2-3) and Noise Impact Zones (ALUCP Map 2 -3), [3] Airspace protection Zones (ALUCP Map 2- 4), and [4] Overflight Notificatio n Zones (ALUCP Map 2- 5). As a result, the Planning Commission , therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ALUCP.

SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning Commission during the above- referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the Planning Commission hereby concludes as follows:

(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontari o Plan. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU-1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) zoning district . The development standards and conditions under which the proposed Project will be constructed and maintained, is consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.

(2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City .

The Planning Commission has required certain safeguards , and impose d certain conditions of approval, which have been established to ensure that : [i] the purposes of the MU-1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) zoning district and the Roosevelt Tower PUD are maintained; [ii] the Project will not endanger the public health, safety or general welfare; [iii] the Project will not result in any significant environmental impacts; [iv] the Project will be in harmony with the area in which it is located; and [v] the Project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan vision, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard) zoning district and the Roosevelt Tower PUD.

(3) In the case of an application affecting specific property, the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. A thorough review and analysis of the 116
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proposed Project and its potential to adversely impact properties surrounding the subject site was completed by City staff. As a result of this review, certain design considerations were incorporated into the Project to mitigate identified impacts to an acceptable level, including the use of upgraded materials, the inclusion of certain architectural design elements on building exteriors, intensified landscape elements, and decorative hardscape elements. In addition, conditions of approval have been imposed on the Project , which will mitigate any significant effects relating to traffic, noise, air quality, or water quality.

(4) In the case of an application affecting specific property, the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. In preparing the proposed PUD, a thorough review and analysis of the proposed Project and the Project site’s physical suitability for the proposed Project was completed, including analysis of the Project size, sh ape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public ri ght-of-way improvements, availability of utilities and other infrastructure needs, off -street parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage.

(5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The proposed PUD addresses aspects of the P roject that are specifically related to the proposed Development Plan, File No. PDEV2 0-009, filed in conjunc tion with the PUD, including necessary building setbacks, site access points, off -street parking, site circulation, and architectural character.

SECTION 5: Planning Commission Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the Planning Commission hereby RECOMMENDS THE CITY COUNCIL APPROVE the herein described PUD, attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 6: 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 t o 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 7: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East “B” Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario. 117
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ATTACHMENT A:

File No. PUD20-001
(Roosevelt Tower Planned Unit Development)

(Document to follow this page)
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 3 The Roosevelt T ower
Planned Unit Development
Table of Contents
1 – Introduction .............................................................................. 6 2 – Objectives ................................................................................. 9

2.1 – The Ontario Plan (TOP) Objectives............................................................... 9

2.2 – PUD District Purpose And Objectives ......................................................... 19 3 – Allowable Uses ......................................................................... 20

3.1 – Residential Use ........................................................................................................ 21

3.2 – Retail Use ................................................................................................................... 21

3.3 – Permitted Use Table/List .................................................................................... 21

4 – Development Regulations ...................................................... 26

4.1 – Residential Density ................................................................................................. 26

4.2 – Building Height ......................................................................................................... 27

4.3 – Setbacks ...................................................................................................................... 28

4.4 – Open Space Requirements ................................................................................. 31

4.5 – Parking Requirements ........................................................................................... 34

4.6 – Vehicular Access ...................................................................................................... 36

4.7 – Service Facilities ....................................................................................................... 38

4.8 – Landscaping ............................................................................................................... 40

4.9 – Screening .................................................................................................................... 47 5 – Circulation ................................................................................. 48

5.1 – Site Accessibility ...................................................................................................... 48

5.2 – Vehicular Circulation ............................................................................................. 48

5.3 – Pedestrian Circulation .......................................................................................... 48

5.4 – Integrated Waste Pickup Circulation ............................................................. 49 6 – Design Guidelines .................................................................... 54

6.1 – Building Orientation .............................................................................................. 54

6.2 – Architectural Character ....................................................................................... 57

6.3 – Massing and Scale ................................................................................................... 57

6.4 – Architectural Details ............................................................................................. 57

6.5 – Materials and Color ............................................................................................... 58

6.6 – On-Site Streetscapes and Pedestrian Walkways ...................................... 58

6.7 – On-Site Lighting ....................................................................................................... 58 Table of Contents
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6.9 – Off-Site Improvements ......................................................................................... 59 7 – Infrastructures and Utilities .................................................. 61

7.1 – Infrastructure ............................................................................................................ 61

7.2 – Street Improvements ............................................................................................. 61

7.3 – Public Utilities ........................................................................................................... 62

7.4 - Street Dedication, Vacation and Easements ................................................ 62 8 – CEQA Compliance .................................................................. 67

8.1 – Environmental Performance Standard ........................................................... 67 9 – Administration .......................................................................... 70

9.1 – Items Not Addressed in PUD ........................................................................... 70

9.2 – Development Applications ................................................................................. 70

9.3 – Administrative Exceptions .................................................................................. 70

9.4 – Severability ................................................................................................................. 70 Exhibits
Exhibit 1-1: Vicinity Map .......................................................................................................... 5 Exhibit 1-2: Location Map ....................................................................................................... 6 Exhibit 1-3: Land Use Map ...................................................................................................... 7 Exhibit 1-4: Existing Site Map ................................................................................................. 8 Exhibit 1-5: Proposed Site Map ............................................................................................. 8 Exhibit 3-1: Land Use Plan ...................................................................................................... 20 Exhibit 4-1: Podium Diagram ................................................................................................. 26 Exhibit 4-2: Height Diagram ................................................................................................... 27 Exhibit 4-3: Setback Diagram ................................................................................................. 29 Exhibit 4-4: Projection Diagram ........................................................................................... 30 Exhibit 4-5: Private Open Space Diagram ........................................................................ 32 Exhibit 4-6: Common Open Space ..................................................................................... 33 Exhibit 4-7: On-Street Parking .............................................................................................. 36 Exhibit 4-8: Trash Enclosures Site Plan .............................................................................. 39 Exhibit 4-9: Colored Landscape Plan .................................................................................. 42 Exhibit 4-10: Holt Boulevard Planting Palette ................................................................. 43 Exhibit 4-11: Common Space Planting Palette ............................................................... 44 Exhibit 4-12: Brooks Street Planting Palette ................................................................... 45 Exhibit 4-13: Landscaping Rendering................................................................................... 46 Exhibit 5-1: Circulation Plan ................................................................................................... 53 Exhibit 6-1: Architectural Rendering .................................................................................. 55 Exhibit 6-2: Architectural Rendering .................................................................................. 55 Exhibit 6-3: Architectural Rendering .................................................................................. 56

Table of Contents
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Exhibit 6-4: Architectural Rendering .................................................................................. 56 Exhibit 6-5: Streetscape Examples ...................................................................................... 60 Exhibit 7-1: Civil Plan ................................................................................................................ 63 E xhibit 7-2: Utility Plan ............................................................................................................. 64 Exhibit 7-3: Easement and Dedication Locations ......................................................... 65 Exhibit 7-4: Street Sections .................................................................................................... 66 Tables
Table 3-1: Permitted Use Table ............................................................................................ 22 Table 4-1: Minimum Building Setbacks .............................................................................. 28 Table 4-2: Maximum Encroachments into Building Setbacks .................................. 28 Table 4-3: Private Open Space .............................................................................................. 31 Table 4-4: Minimum Parking Requirements ..................................................................... 35 Exhibit 1-1: Vicinity Map
N
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 6 Introduction
1 – INTRODUCTION
T his document is intended to function as a set of planning and design principles, development regulations and performance standards to guide and govern the development of a 57-Unit Residential and Mixed-use Complex located at 549 W. Holt Boulevard in the City of Ontario. The development is a 5-story residential and retail complex bounded by Holt Avenue on its north side and Brooks Street at its south side (see Exhibit 1-2: Location Map).

T he 35,085 SF project site is located within the Ontario Plan Downtown Mixed-Use District (MU-1) which requires the establishment of a Planned Unit Development (PUD) prior to development. The Planned Unit Development (PUD) is set forth in the Ontario Development code section 4.01.030 (Planned Unit Development (PUD) and Amendments). Upon approval, this PUD will establish the land use and development standards for this particular project site.

The Roosevelt T ower on Holt Planned Unit Development (PUD) will replace the existing zone district designations and zoning standards that apply to the affected properties. Unless otherwise defined herein, definitions and interpretations contained in the Development Code shall apply.

Cit y staff and private developers shall rely on this PUD to determine whether precise plans for development will be adequate and will meet the City’s land use and design objectives.

Exhibit 1-2: Location Map
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 7 Introduction
Exhibit 1-3: Land Use Map: MU-1 (Mixed-Use Zone 1)
General Plan Land Use Designation: MU (Mixed-Use)
ZONE: MU-1 (Downtown Mixed-Use)
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 8 Exhibit 1-4: Existing Site Map
Introduction
Exhibit 1-5: Proposed Site Map

BROOKS STREET

BROOKS STREET
HOLT BLVD.

HOLT BLVD.

N. SAN ANTONIO AVE.

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N

PROPOSED

PROJECT
SITE
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 9 2 – P.U.D. OBJECTIVES

2.1 – The Ontario Plan (TOP) Objectives
T he Ontario Plan, which includes the City’s General Plan, designates the project area as part of the Downtown Mixed Use District. The Downtown Mixed Use District designation requires approval of an Area Plan or Planned Unit Development to develop the property.

Additionally, the designation specifies a residential density range of 25.0 to 75.0 units per acre and a maximum floor area ratio (FAR) of 2.0 for office and retail uses.

T he intent of this designation is to:

1. Cr eate “an intensive vertical and horizontal mixture of residential and retail uses in a pedes trian friendly atmosphere;

2. Ensur e the historic character is enhanced when required or appropriate; and

3. Concent rate intensive Land uses on Holt Avenue.

T he Holt & Brooks PUD is consistent with the principles, goals and policies contained within the components that make up The Ontario Plan (TOP), including: ( 1) Vision, (2) Policy Plan (General Plan), and (3) City Council Priorities. The policies furthered by this PUD are as follows:

1. Vision
On F ebruary 13, 2007, the Ontario City Council adopted The Ontario Vision. The central theme that motivates the Vision is - “A sustained, community-wide prosperity which continuously adds value and yields benefits. “Everything the City does and every ac tion the City takes is done with the simple yet comprehensive theme in mind, from t he design quality of the built environment, to the intent of designing soc io-economic programs, to the way in which its leaders govern as a community. In discussing a Vision that would endure for the lifetime of The Ontario Plan (30 years or mor e), the City Council recognized that there are four components that serve as the ba sic building blocks that set the foundation for a unified and prosperous community.

These foundational blocks must be expressed and widely accepted throughout the Pla n’s lifetime. They are:

1. A Dyna mic Balance that enables our community to confront the continued dyna mic growth of the region and technological change with confidence and a sense of oppor tunity.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 10 2. A Pr osperous Economy that sustains the perception and reality of prosperity ac ross our entire community that positively impacts all the people of Ontario a nd is broadly - though not uniformly - shared.

3. Dis tinctive Development that integrates our varied and diverse focal points, dis tricts, villages, and neighborhoods to provide a feeling of coherence wit hout sacrificing uniqueness.

4. R ecognized Leadership in local governance that stimulates excellence and ser ves to unify the people of Ontario in support of best practices in conduc ting public endeavors.

Holt & B rooks PUD will implement the Ontario Vision in several ways that will f urther the City’s desire to be a sustainable and prosperous community.

DI STINCTIVE DEVELOPMENT
Commer cial and Residential Development

• T he PUD will support new multifamily developments and existing residential neighborhoods b y providing the increased demand for retail in more concent rated, strategic location (e.g., at major intersections) as intended for the Do wntown Mixed-Use Area.
• T he PUD will seek to ensure a mix of retail and commercial uses that will provide a va riety of goods and service to the surround community and the future Bus R apid Transit (BRT) users.

Design Qua lity
• T he PUD will require a well-designed projects that covey a visual interest and c haracter through:

Appr opriate scale and massing
Ar chitectural style and design that are complementary and appropriate to its setting.

T he use of high quality materials that will create visual interest, high quality, dura ble and appropriate for the architectural style.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 11 Appr opriate Site Planning to ensure building orientation visibility form t he street, adequate number of driveways and sidewalks. Building set backs, parking lot orientation, adequate refuse storage areas and well designed street frontages.

P ublic Safety
• T he PUD will ensure that proper exterior lighting standards be located and designed to minimiz e direct glare beyond the projects parking levels and into any f uture residential developments to the west and east of the project site. In addition, w orking with the Police Department, to ensure that all lighting standards comply wit h the one-foot candle illumination to provide a level of security and public saf ety within the project’s retail areas as well as in the existing commercial a reas adjacent to the project site.

2. P olicy Plan

L AND USE ELEMENT
L U1 Balance
Goa l LU1: A community that has a spectrum of housing types and price ranges that matc h the jobs in the City and that make it possible for people to live and work in Ont ario and maintain a quality of life.

T he PUD, through the development of retail and commercial uses, will help provide jobs to help suppor t the existing and new development within the sunounding area.

Polices:

• LU1-3 Adequate Capacity. We require adequate infrastructure and services for all development .

T he PUD, along with the future development entitlements for the site, will r equire the necessary infrastructure to serve the site and provide the necessary right -of-ways dedication for street widening and to accommodate the future Bus R apid Transit (BRT) for the SBX West Valley Connector.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 12 • LU1-4 Mobility. We require development and urban design, where appropriate, that reduces reliance on the automobile and capitalizes on multi-modal transportation oppor tunities.

LU2 Compatibility

Goa l LU2: Compatibility between a wide range of uses.

T he PUD, through land use regulations for permitted uses, have ensured that those permit ted uses allowed within the PUD are compatible with the surrounding area and not a llow those uses that may have potential to create adverse impacts to the surrounding area.

Polices:
• LU2-I: Land Use Decisions: We minimize adverse impacts on adjacent properties when consider ing land use and zoning requests.

T he project area is zoned MU-2 (Downtown Mixed Use) and require t hat a PUD be implemented for the project area to establish the development s tandards, land use regulations and design guidelines. The permitted uses within PUD ha ve been established to provide retail and commercial uses to serve the surr ounding residential area. Careful consideration has been given to ensure that permit ted uses that may have potential to create adverse impacts to the surr ounding area are not allowed.
• LU2-2 Buffers. We require new uses to provide mitigation or buffers between existing uses wher e potential adverse impacts could occur.

T he PUD, through site planning, we will require the that future building developed on t he site shall be placed along the frontages of Holt Boulevard to keep a buffer bet ween the future residential development.
• LU2-4 Regulation of Nuisances. We regulate the location, concentration and oper ations of potential nuisances.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 13 T he permitted uses within PUD have been established to provide retail and commer cial uses to serve the surrounding residential area. Careful consideration ha s been given to ensure that permitted uses that may have potential to create adv erse impacts to the surrounding area are not allowed. Those uses with operations t hat may have potential to create nuisances, will require discretionary a pproval through the Conditional Use Permit process.
• LU2-5 Regulation of Uses. We regulate the location, concentration and operations of uses that have impac ts on surrounding land uses.

T he project area is zoned MU-1 (Downtown Mixed Use) and requires t hat a PUD be implemented for the project area to establish the development s tandards, land use regulations and design guidelines. The permitted uses within PUD ha ve been established to provide retail and commercial uses to serve the surr ounding residential area. Careful consideration has been given to ensure that permit ted uses that may have potential to create adverse impacts to the surr ounding area are not allowed.

LU3 Flexibility
Goa l LU3 Staff, regulations and processes that support and allow flexible response to conditions a nd circumstances in order to achieve the Vision.

T he Ontario Plan describes the Downtown Mixed Use Area as an intensive vertical and horiz ontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere.

T he historic character is enhanced. T o provide flexibility the densities and intensities of the mix ed use designation represented within TOP are the intended level of anticipated de velopment; however, individual projects may vary depending upon an approved master pla n, such as an area plan, specific plan, or planned unit development. The project area is z oned MU-1 (Downtown Mixed Use) and requires that a PUD be implemented f or the project area to establish the development standards, land use regulations and design guidelines.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 14 Policies:
• L U3-1 Development Standards. We maintain clear development standards which allow flexibilit y to achieve our Vision.

T o provide flexibility the densities and intensities of the mixed use designation r epresented within TOP are the intended level of anticipated development; ho wever, individual projects may vary depending upon an approved master plan, suc h as an area plan, specific plan, or planned unit development. The project area is z oned MU-1 (Downtown Mixed Use) and requires that a PUD be implemented f or the project area to establish the development standards, land use r egulations and design guidelines. The development standards within the PUD a re intended to ensure quality and appropriate development to achieve TOP V ision for well-designed projects that covey visual interest.

COMMUNITY ECONOMICS ELEMENT
CE1 Complete Communit y

Goa l CE1: A complete community that provides for all incomes and stages of life. The permit ted uses within PUD have been established to provide retail and commercial uses to ser ve the surrounding residential area and contribute to the City’s tax sales base.

CE2 Place -Making
Goa l CE2: A City of distinctive neighborhoods, districts, and conidors, where people c hoose to be.

T he PUD will seek to ensure a mix a retail and commercial uses that will provide a variety of goods a nd service to the surround community and the future Buss Rapid Transit (BRT) users . The PUD area will be distinctive through the requirement of a well-designed pr ojects that covey visual interest and character through:

► Appr opriate scale and massing.
► Ar chitectural style and design that are complementary and appropriate to for it s setting.
► T he use of high quality materials that will create visual interest, high quality, dura ble and appropriate for the architectural style.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 15 ► Appr opriate Site Planning that to ensure building orientation visibility form the s treet, adequate number of driveways and sidewalks. Building setbacks, parking lot orient ation, adequate refuse storage areas and well-designed street fr ontages.

MOB ILITY ELEMENT
M3 P ublic Transit
Goa l M3: A public transit system that is a viable alternative to automobile travel and meets ba sic transportation needs of the transit dependent.

T he PUD, along with the future development entitlements for the site, will require the necessa ry infrastructure to serve the site and provide the necessary right-of - ways dedic ation for street widening and to accommodate the future Bus Rapid Transit (BRT) f or the SBX West Valley Connector and bus stop along the frontage of Holt Boulevard.

COMMUNITY DESIGN
CD1 Image & Identit y

Goa l CD1: A dynamic, progressive city containing distinct neighborhoods and commercial dis tricts that foster a positive sense of identity and belonging among residents, visitors, a nd businesses.
• T o provide flexibility the densities and intensities of the mixed use designation r epresented within TOP are the intended level of anticipated development; how e ver, individual projects may vary depending upon an approved master plan, such a s an area plan, specific plan, or planned unit development. The project area is z oned MU-1 (Downtown Mixed Use) and requires that a PUD be implemented f or the project area to establish the development standards, land use r egulations and design guidelines. The development standards within the PUD a re intended to ensure quality and appropriate development to achieve TOP V ision for well-designed projects that covey visual interest.

Policies:
• CD1-2 Growth Areas. We require development in growth areas to be distinc tive and unique places within which there are cohesive design themes.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 16 T he entire project area is covered by the Ontario Plan Policy Plan (General Plan) a nd has been designated as mixed-use (Holt Boulevard) and as described in the Ont ario Plan Downtown Mixed-Use Growth Area. This PUD area will be dis tinctive through the requirement of a well-designed projects that convey visual inter est and character through:
► Appr opriate scale and massing.
► Ar chitectural style and design that are complementary and appropriate to it s setting.
► T he use of high quality materials that will create visual interest, high qua lity, durable and appropriate for the architectural style. ► Appr opriate Site Planning that to ensure building orientation visibility f orm the street, adequate number of driveways and sidewalks. Building set backs, parking lot orientation, adequate refuse storage areas and w ell designed s treet frontages.
• CD1-4 Transportation Corridors. We will enhance our major transportation cor ridors within the City through landscape, hardscape, signage and lighting.

T he PUD, along with the future development entitlements for the site, will r equire the necessary infrastructure to serve the site and provide the necessary right s-of-way dedications for street widening and to accommodate the future Bus R apid Transit (BRT) for the SBX west Valley Connector and any future bus stop site fr ontage along Holt Boulevard. In addition, the PUD will require adequate la ndscaping, hardscape, signage and lighting to the prominent areas along Holt Boule vard as well as the secondary face of the project along Brooks Street to the sout h of the project site.

CD2 Design Qua lity
Goa l CD2: A high level of design quality resulting in public spaces, streetscapes, and de velopments that are attractive, safe, functional and distinct.

Polices:
• CD2-l Quality Architecture. We encourage all development projects to convey visua l interest and character through:
• building v olume, massing, and height to provide appropriate scale and pr oportion;
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 17 • a t rue architectural style which is carried out in plan, section and elevation t hrough all aspects of the building and site design and appropriate for it s setting; and
• ex terior building materials that are visually interesting, high quality, durable, a nd appropriate for the architectural style.

T he PUD area will be distinctive through the requirement of a well-designed pr ojects that covey visual interest and character through:
► Appr opriate scale and massing
► Ar chitectural style and design that are complementary and appropriate to f or its setting.
► T he use of high quality materials that will create visual interest, high qua lity, durable and appropriate for the architectural style. ► Appropriate Site Planning that to ensure building orientation visibility f orm the street, adequate number of driveways and sidewalks. Building set backs, parking lot orientation, adequate refuse storage areas and w ell designed s treet frontages.
• CD2-3 Commercial Centers. We desire commercial centers to be distinctive, pedestr ian friendly, functional and vibrant with a range of businesses, places to gather, and connec tivity to the neighborhoods they serve.

T he permitted uses within PUD have been established to provide retail and commer cial uses to serve the surrounding residential area. These retail and commer cial uses will be provided to the area currently lacking close access to a r etail center. The PUD will seek to capitalize on the location of the station by ensuring a mix a r etail and commercial uses business that will provide a variety of goods a nd service to the surround community and the future Buss Rapid Transit (B RT) users.
• CD2-5 Streetscapes. We design new and, when necessary, retrofit existing streets to impr ove walkability, bicycling and transit integration, strengthen connectivity, and enhance communit y identity through improvements to the public right of way such as sidewalk s, street trees, parkways, curbs, street lighting and street furniture.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 18 T he PUD, along with the future development entitlements for the site, will r equire the necessary infrastructure to serve the site and provide the necessary right -of - ways dedication for street widening and to accommodate the future Bus R apid Transit (BRT) for the SBX West Valley Connector. In addition, the future de velopment entitlements will require site improvements to the public right of wa y such as sidewalks, street trees, parkways, curbs, street lighting and street f urniture.
• CD2-9 Landscape Design. We encourage durable landscaping materials and designs that enhance the aesthe tics of structures, create and define public and private spaces , and provide shade and environmental benefits.

T he PUD development standards that landscape design, materials and will be used to enha nce the aesthetics of structures, create and define public and private spaces , and provide shade and environmental benefits.
• CD2-10 Surface Parking Areas. We require parking areas visible to or used by the public to be landscaped in an aesthe tically pleasing, safe and environmentally sensitive manner . Examples include shade trees, pervious surfaces, urban run-off cap ture and infiltration, and pedestrian paths to guide users through the parking field.

T he PUD development standards will ensure water conservation be provided t hrough low water using plant materials, hydro zones, water efficient irrigation a nd weather based controllers. Landscaped areas may be used for storm water infilt ration through vegetated swales, retention basins, or dry wells as needed wit h the use of appropriate planting materials. Broad canopy shade trees will be used to r educe heat gain on buildings, paving and parking areas.

3. Cit y Council Priorities
• In vest in the Growth and Evolution of the City’s Economy • Ma intain the Current High Level of Public Safety
• Operate in a B usinesslike Manner
• P ursue City’s Goals and Objectives by Working with Other Governmental A gencies
• F ocus Resources in Ontario’s Commercial and Residential Neighborhoods Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 19 • In vest in the City’s Infrastructure (Water, Streets, Sewers, Parks, Storm Dra ins and Public Facilities)
• Encourage , Provide or Support Enhanced Recreational, Educational, Cultural a nd Healthy City Programs, Policies and Activities
• Ensur e the Development of a Well Planned, Balanced, and Self-Sustaining Communit y in Ontario Ranch

2.2 – PUD District Purpose And Objectives
T he purpose of The Roosevelt T ower (PUD) is to secure a fuller realization of the general plan than that which would result from the application of present zone district regulations; to promote high standards in urban design; to encourage the development of exceptionally high quality residential and commercial uses, while establishing regulations and standards for uses with special conditions and regulatory needs to ensure harmonious relationships with other land uses.

T he intent of the PUD District is to:
• Pr omote development projects that are consistent with the land use/downtown r evitalization objectives of the City Redevelopment Project area. • Pr omote residential and community commercial uses to meet the needs of the pr ojects surroundings residential uses.
• Pr omote the plaza areas within the commercial center to providing for social interaction.
• Orient buildings to t he street, wherever possible to create an accessible urban edge a nd sense of arrival.
• Incorporate la ndscaping to enhance the environment.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 20 Allowable Uses
3 – ALLOWABLE USES
T he project site is located within the Downtown Mixed Use Area Policy Plan (General Plan) land use district, and the MU-1 (Downtown Mixed-Use) zoning district, which implements the Downtown Mixed Use Area. The MU-1 zoning district is established to accommodate an intensive mixture of vertical and horizontal retail and office uses at a development intensity of up to 2.0 FAR, and residential uses at a density of 25 to 75 dwelling units per acre. Development projects within the MU-1 zoning district are intended to maintain a pedestrian friendly atmosphere, while at the same time enhancing the historic character of the area. The most intensive uses within this district are envisioned along Euclid Avenue and Holt Boulevard.

Consis tent with the intent of the Downtown Mixed Use Area and the MU-1 zoning district, the project site is designated for Multiple-Family Residential (MFR) land uses. Exhibit 3-1 (Land Use Plan), below, depicts the Planned Unit Development boundary and land use designation.

Exhibit 3-1: Land Use Plan
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 21 Allowable Uses

3.1 – Residential Use
T he project site is proposed to be developed with high quality, multi-family housing units, either two or three levels over two levels of podium parking. The buildings will be a combination of podium-style stacked flat units, with parking beneath, and townhome style units, with first floor garage access.

3.2 – Retail Use
A s part of the mixed-use character of the project, a 2,740 SF retail component will be incorporated on the first level of the podium of the building. This total area is well within the 2.0 FAR allowed by city and is in line with the city’s vision for Holt Avenue to be an intensive vertical and horizontal mixture of retail, office, and residential uses, in a pedestrian friendly atmosphere.

3.3 – Permitted Use Table/List
Some of the permitted land uses within The Roosevelt T ower PUD are as follows:

1. Multiple -family dwellings;

2. R ecreation facilities ancillary to multiple-family residential development projects, for use by project residents and their guests, including, but not limited to, pools, spas, tennis cour ts, clubhouse or recreation building, playgrounds or tot lots, and other similar amenities appropriate to serve a multiple-family residential development project;

3. T emporary uses (as permitted within the residential districts of the City of Ontario De velopment Code subject to an Administrative Permit);

4. L easing/Administrative Office (for on-site property and facilities management only);

5. Motor v ehicle parking ancillary to a multiple-family residential development project; and

6. Ot her land use compatible with multiple-family residential development projects, as determined appropriate by the Zoning Administrator.
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 22 Table 3-1: Permitted Use Table
Land Use MU-1
Commercial

EDUCATIONAL
Vocational/Trade Schools C
Private Schools

MEDICAL P
Animal Hospital/Veterinarian P
Ambulance Service (Office Only - No Storage of Vehicles) P Medical Office P

MEDICAL OFFICE/FAMILY CLINIC
Pharmacies and Drug Stores w/Drive-thru Facilities P
Industrial Clinic P

PUBLIC FACILITIES
Police/Fire Station P
Police Storefront/Substation P

RETAIL/COMMERCIAL
Discount Variety Store P
Hobby, T oy and Game Store P
Home Appliance Store P
Jewelry Store P
Allowable Uses
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 23 Table 3-1: Permitted Use Table
Land Use MU-1
Commercial
Luggage and Leather Goods P
Music and Video Stores P
Office Supply, Stationery and Gift Stores P
Pet and Pet Supply Store P

FOOD AND BEVERAGE STORES
Bakery P
Delicatessen P
Convenience Market P
Grocery Store P
Specialty Food Stores P

SERVICES
Advertising Agency P
Data Processing Services P
Data Processing Services P
Photography Studio P
Photocopying and Duplicating Services P
Allowable Uses
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 24 Table 3-1: Permitted Use Table
Land Use MU-1
Commercial

FINANCIAL SERVICES
Banks, Credit Unions and other Despository Institutions P Banks, Credit Unions and other Despository Institutions with Drive-thru (See Development Ordinance Section 9-101305 D)
C

PERSONAL SERVICES
Barber Shop and Beauty/Nail Salon P
Dry Cleaners P
Laundry - Commercial C
Pet Grooming P
Tailor P
Travel Agency P

REPAIR SERVICES
Computer, Home Electronics, and Small Home Appliances
(when ancillary to another use)
P
Electrical Equipment P
Jewelry and Watches/Clocks P
Locksmith/Key Shop P
Allowable Uses
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 25 “P” (permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district.
“C” (conditionally permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section 4.02.025 (Conditional Use Permits) of this Development Code.
“NP” (Not Permitted) shall mean the land use, activity, or facility within the specified zoning district is not permitted by right of being in the proper zoning district.

All other uses not listed as Permitted or Conditional are prohibited unless a finding can be made by the Planning Director that the use is similar to, and no more objectionable than, a permitted or conditional use.

Allowable Uses
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4 – DEVELOPMENT REGULATIONS

4.1 – Residential Density
R esidential density shall range from a minimum 25.0 to a maximum 75.0 dwelling units per acre.

A s part of the mixed-use character of the project, a 2,740 SF retail component will be incorporated on the first level of the podium of the building. This total area is well within the 2.0 FAR allowed by city and is in line with the city’s vision for Holt Avenue to be an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere.

T he small retail component of the project has also been incorporated to add convenience to the residents of the project and adjacent properties, help foster neighborhood cohesion, and reduce the need for vehicular traffic.

Exhibit 4-1: Front Elevation Retail Podium
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Exhibit 4-2: Height Diagram

4.2 – Building Height
No s tructure shall exceed 67’ 6” in height, except that the maximum height may be exceeded by roof mounted equipment, architectural projections, chimneys, elevator towers, parapet walls and any other roof top structures, by up to 10% of the allowed building height or as restricted by the Airport Height Constraints. No rooftop equipment shall be visible from anywhere on the project site, public streets, or adjacent properties, and shall be fully screened with appropriate architectural parapet walls or appropriate roof treatments. Roof- mounted equipment shall not exceed the height of the structures and appurtenances used to screen the equipment.
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4.3 – Setbacks
B uilding setbacks shall be as set forth in Table 4-1 (Minimum Building Setbacks), and shall comply with Exhibit 4-3 (Setback Diagram).

Setbacks Distance
Minimum Street Setbacks
Holt Boulevard
Brooks Street
2 Feet
2 Feet
Side Setback (East)
Side Setback (West)
1 foot provided
1 foot provided
Table 4-1: Minimum Building Setbacks
Cer tain types of features and equipment are allowed to encroach into the required setback areas in accordance with Table 4-2 (Encroachments into Setbacks) including but not limited to architectural projections, balconies, and underground utility structures such as electrical transformer vaults. Utility structures may encroach into the public right-of-way and/or public utility easement, subject to the approval of the City.

Projection Encroachment
Architectural Feature 1/2 of Required Setback
Patios/Porches 1/2 of Required Setback
Balconies (Occurs on 3rd and 4th Floors) 1/2 of Required Setback at 1st Floor; 3 Feet or More Allowed at 2nd or Higher Floors
Note: No projections may encroach into the storm drain easement Table 4-2: Maximum Encroachments Into Building Setbacks 148
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 29 Development Regulations
Exhibit 4-3: Setback Diagram
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Exhibit 4-4: Projection Diagram
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4.4 – Open Space Requirements
Open space sha ll be provided for passive and active recreation opportunities within the project site. T wo types of open space are required, private and common open space. These open space areas are for the use of the on-site residents and their guests. Required street set- back areas are not counted towards common open space requirements.

4.4.1 – Private Open Space
Private open space sha ll be provided for each residential unit in order to provide private outdoor areas which can be enjoyed for the exclusive use by the occupant of the residential unit and their guests. T ypes of areas considered private open space include balconies, decks, and enclosed patios and yards.

Private open space sha ll be provided for all residential units, and shall have direct access from each residential unit. Residential units shall have a minimum size of private open space as defined in Table 4-3 (Private Open Space). The space may be provided in multiple areas (e.g. two balconies, a yard and a balcony, etc.), as long as the total area of the spaces meets the minimum private open space requirement for the unit. The minimum dimension for private open space shall be no less than 6 feet in any direction.

Number Of Bedrooms Open Space
1 Bedroom 60 SF
2 Bedrooms 60 SF
3 Bedrooms 60 SF
F or multiple-family dwellings, private open space located at the dwelling’s main living level shall have a minimum contiguous clear area of 60 SF, with a minimum clear horizontal dimension of 7 FT and a minimum clear vertical dimension of 8 FT. Other open space areas located on bal- conies or roof decks shall have a minimum contiguous clear area of 50 SF, with a minimum clear horizontal dimension of 6 FT and a minimum clear vertical dimension of 8 FT.

Table 4-3: Private Open Space
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Exhibit 4-5: Private Open Space Diagram
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4.4.2 – Common Open Space
Common open space of 150 squa re feet min, per unit will be required and shall be provided to allow for both passive and active types of recreation, along with site landscape amenities. These areas are for use by project residents and their guests, and may include indoor recreational facilities. Recreational facilities provided pursuant to Section 4.4.3 shall be provided in common open space areas. The amount of required common open space is based on the number of dwellings developed, and shall be provided at the rate of 235 square feet of common open space for each dwelling unit.

Ar eas not considered common open space include: [1] parking lots; [2] walkways along or between buildings; [3] parking lot landscaping; [4] street setback areas; and [5] other areas not intended for active or passive recreation.

Exhibit 4-6: Common Open Space
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4.4.3 – Recreational Facilities
Access to r ecreational facilities is important in multiple-family residential projects, as they provide needed facilities for the residents of the community. These facilities shall be centrally located on the site, making the facilities accessible to all project residents A total of at least three recreational facilities (indoor or outdoor) shall be provided on-site. The facilities can be comprised of a combination of both similar and different recreational facilities to meet the recreational facilities requirement (e.g. two pools and one playground or one clubhouse, one pool, and one tot lot, etc.). Recreational facilities may be indoor or outdoor, and may include: [1] clubhouses; [2] pools; [3] community buildings; [4] playgrounds or tot lots; and [5] other indoor or outdoor recreational facilities deemed appropriate by the City. All recreational facilities shall be for the exclusive use of project residents and their guests.

4.5 – Parking Requirements

4.5.1 – On-Site Resident Parking Requirements
T he number of parking spaces shall be provided based on the number of bedrooms contained within each dwelling unit, and is subject to the following requirements:
• All r equired resident parking spaces shall be provided on-site; • Eac h dwelling shall have at least one reserved parking space that is clearly marked; • R eserved parking spaces shall be located within 150 feet of the dwelling it serves; • A t least one covered parking space shall be provided for each dwelling. This can be achieved through use of garages, carports, or tuck-under parking; • R esident’s assigned parking space(s) shall be used for the parking of occupant’s operable automobile(s), only;
• T andem parking is allowed but subject to review;
• R equired guest parking spaces shall be provided on-site. • P arking for dwellings shall be provided on-site, pursuant to the requirements of T able 4-4 (Minimum Parking Requirements), this can be included on the leasing contract. 154
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Use Parking Spaces
Multi-Family Dwellings:

Studio

One-Bedroom Unit

T wo Bedroom Unit

*No Three Bedrooms for this project

1.50 spaces per dwelling
(at least one space shall be in a garage, carport, or
parking structure)

1.75 spaces per dwelling
(at least one space shall be in a garage, carport, or
parking structure)

2.0 spaces per dwelling
(at least one space shall be in a garage, carport, or
parking structure)
Guest Parking 1 space per every 5 units
Commercial/Retail 1.0 space per 250 square feet

4.5.2 – On-St reet Guest Parking Requirements
Guest-parking must be provided on-site.
• On-s treet parking may be allowed to satisfy guest parking requirements only but shall not be counted to wards the number of guests parking the code requires. • On-s treet parking shall only be designated along Brooks Street, the public street along t he south side of the development site. No on-street parking will be allowed along Holt Boule vard and on any other areas deemed by the City Engineer, specially on s treet corners where sight distance are required.

4.5.3 – P arking Standards
All pa rking space size and location requirements shall conform to the standards set forth in Section 6.03.045 (Off-Street Parking Standards) of the Ontario Development Code.

Table 4-4: Minimum Parking Requirements
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4.6 – Vehicular Access
V ehicular access to the site is permitted from Holt Boulevard and Brooks Street. After improvements are made from the West Valley Connector (BRT) Project, vehicular access from Holt Boulevard will be limited to right-in/right-out.

Exhibit 4-7: On-Street Parking
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4.6.1 – V ehicle Circulation
T he city of Ontario, as part of its intersection widening plan, and the developers of the PUD site shall be responsible to improve Holt Boulevard and Brooks Street to their ultimate widths. These streets will provide vehicular access to the site.

4.6.2 – P edestrian Connections
P edestrian connections shall be provided to each building from the public street within the PUD site. The Mixed-Use Commercial land use district shall also provide pedestrian pathways to connect all of the commercial developments.

4.6.3 – St reet Dedications and Easements
T he developers shall dedicate right-of-way along all street frontages as necessary to in - crease the right-of-way to ultimate width, including corner cutbacks per City Standard Drawing No. 1301. Additionally, developers shall adhere to the Proposed Holt Blvd and Brooks Street Widening Improvements R/W Requirements. The ultimate widths surrounding the PUD are as follows:

Holt Boule vard - up to 60’ half width
B rooks Street - up to 30’ half width

4.6.4 – Public Right -Of-Way Improvements
T he public right-of-way shall be improved with each proposed development. The public right-of-way improvements required are to include, but are not limited to the following: street pavement, curb & gutter, parkway landscaping, parkway irrigation, public sidewalk, traffic signing and striping, street lights, bus stop, bus shelter and amenities. The extent of the required improvements shall be determined for each development plan. At a minimum, the improvements shall incorporate all items along the street frontages of the properties to be developed with proper transitioning if the entire block frontage is not being installed with a particular development. The city may do some or all of the improvements as part of its Proposed Holt Blvd and Brooks Street Widening Improvements.
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4.7 – Service Facilities
• L oading/unloading for residential and commercial uses and trash pickup service shall be limited to on-site private driv e aisles. Location, signage, and any hourly restrictions to be imposed on suc h areas, shall be subject to approval by the City. • On-s treet loading shall be prohibited.
• T he number of enclosures, and their precise locations, dimensions, and design shall be pr ovided consistent with City standards.
• T rash enclosures shall be designed to contain separate containers for the collection of r efuse and recyclable materials, with an adequate number of containers provided to allow for the collection of both refuse and recyclable materials generated by the de velopment, pursuant to standards established by the Ontario Municipal Utilities Compa ny. (See Exhibit 4.7: Trash Enclosures Site Plan) • T rash enclosures shall meet the minimum design standards depicted in the standard drawings adopted by the City, which shall include: [1] a minimum 6-FT high decorative masonry wall, with appropriate view-obstructing gates for container access, [2] separate pedestrian access that is designed to screen the interior of the enclosure from view from the exterior and prevent refuse dispersion, and [3] a decorative overhead roof structure to protect bins containing recyclable materials from adverse environmental conditions, which might render the collected materials unusable, and screen trash bins from view of the upper floors of adjacent dwellings. Furthermore, trash enclosures shall be architecturally enhanced, and shall be consistent with the architectural design of adjacent buildings.
• T rash enclosure dimensions shall be of adequate size to accommodate containers consis tent with the City’s current methods of collection within the area in which the pr oject is located.
• Signs c learly identifying all recycling and refuse collection areas, and the materials accepted for recycling shall be posted adjacent to all points of access to each trash enclosure.
• T rash enclosures shall be located on site within the boundary of the project site. • P articular care shall be given when placing trash enclosures immediately adjacent to dwelling units; however, no trash enclosure shall be located within 10 feet of the livable portion of a structure.
• T rash enclosures shall be bordered by a minimum 5-foot high concrete wall on all exposed sides , excluding the side with bin access gates. • All ser vice facilities shall be screened in accordance with Section 4.9 (Screening) of this Planned Unit Development.
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Exhibit 4-8: Trash Enclosures Site Plan
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4.8 – Landscaping
The site design at Roosevelt Towers includes a diverse palette of drought tolerant native and adapted plants selected to provide a low maintenance and colorful landscape while also meeting the challenging requirements of planting on structure.

The building frontage along Holt Avenue consists of a 4’ wide parkway planted with Ev- ergreen Ash trees and a low groundcover of Dwarf Coyote Brush. Setback from the sidewalk are a series of large rectangular planting areas, approximately 150sf each, configured within the building module, allowing views and access to the future retail facades. These large planter areas contain a variety of low water groundcovers with native deciduous Western Redbud trees (tri- angulated with the Evergreen Ash). The hardscape in this area consists of standard grey concrete along the public sidewalk with integral colored sand finish concrete along the building façade and between planters. Decorative paving and hardscape within the 20' dedication shall be maintained by the property owner.

Along Brooks Street the same Baccharis groundcover runs along the parkway with Podo- carpus henkelii as the street tree. Larger foundation shrubs such as Sweet Bay and New Zealand Flax soften the façade and provide screening to utilities in this area.

4.8.1 – Site Landscaping
A conceptual landscape and irrigation plan shall be submitted along with the Development Plan for this Planned Unit Development. The plan shall specify all landscaping and hardscape for the entire project site. Detailed Landscape and Irrigation Plans shall be required prior to the issuance of building permits. The detailed plans shall show location of ground mounted utility boxes and equipment, along with the methods of screening for these items from the public right-of-way and adjacent residences where possible. The irrigation system shall be designed to utilize recycled water pursuant to State and local codes, ordinances, and laws, and applicable building and plumbing codes.

The landscape and irrigation plan shall be designed with water conservation in mind, utilizing “California friendly” species and drought tolerant planting materials. The landscaping and irrigation shall comply with AB 1881, and all other laws and regulations related to planting materials. All trees that are to remain on-site shall be properly protected in place during con- struction to ensure tree health is preserved.

Tree plantings along the Brooks Street storm drain easement shall be restricted to those species allowed by the San Bernardino Flood Control District. 160
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4.8.2 – Planting Palette
The planting palette shall be comprised of “California friendly” drought tolerant planting materials compatible with the overall architectural style of the Planned Unit Development. The following palette has been established to meet the needs of this Planned Unit Development:

4.8.3 – Common and Open Space L andscaping
The 3rd floor contains a variety of spaces, with landscaping acting as an organizing feature while still providing screening, softening, color, beauty, and shade.

As one approaches the main public amenity space through the central corridor a row of potted Dwarf Olives sits in a bed of low green planters which carries the eye through the space and also bisects the space into two smaller zones. At the terminus of this view is one of 3 spec- imen Ficus trees sitting in an 8’ x 12’ x 42” high raised planter, providing ample space for root structure. T o the north of the olive row is the Children’s Play Area, a 26’ x 52’ semi contained area with two play structures, wood bench seating, umbrellas for shade, and a small turf area for flexible play.

T o the south, adjacent to the gymnasium, is a flexible open space for exercise, yoga, or small recreational games such as table tennis. Heading east is a large 26’ x 40’ shade structure above a flexible dining and lounge space including two BBQ cooking stations. This shade struc- ture partially expands to the east to cover a long wood (or composite) deck seating area.

The planting areas in and around the 3rd floor amenity space can be divided into 3 groups. The first group are the series of “built in” raised planters. These contain the 3 Ficus trees, and also run along the north and south edge of the public amenity space. The longer planters would sit at 42” height, and contain a mix plants including Dwarf Bottlebrush, Sage, and Coast Rosemary.

The second category is the series of narrow linear planters that are used for screening the res- idences while softening the building façade. These would be “off the shelf” rectangular planters, potentially lightweight precast concrete or fiberglass, containing upright plants for screening such as Sweet Bay or Bamboo. Finally, the last group includes low profile green tray plantings. These would be of medium depth, approximately 8”, and may be contract grown ahead of time to pro- vide an immediate impact on day one. Species may include sedums, low ornamental grasses, and other small succulents.

All planting a reas on the 3rd floor will be connected to the buildings irrigation system, and appropriately plumbed for drainage.
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Exhibit 4-9: Colored Landscape Plan
N
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Exhibit 4-10: Holt Boulevard Planting Palette
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Exhibit 4-11: Common Space 3rd Floor Planting Palette
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Exhibit 4-12: Brooks Street Planting Palette
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Exhibit 4-13: Landscape Rendering
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4.8.4 – Parking Lot Landscaping
Parking lot landscaping shall be provided pursuant to Subsection D (Landscaping of Off-Street Parking Facilities) of Ontario Development Code Section 6.05.030 (Required Landscape Areas).

4.8.5 – Compliance wit h State and Federal Laws
Provide landscaping and an irrigation system, which promotes the conservation of water as required by the Water Conservation in Landscaping Act of 2006 (AB 1881), commencing with California Government Code Section 65591.

4.9 – Screening
• All roof and ground mounted mechanical equipment shall be screened pursuant to the requirements of the Ontario Development Code.
• Trash enclosures shall be screened with enclosures that are architecturally compatible with the surrounding buildings.
• Screening shall include plant and building materials compatible with the project design so it is well integrated and hidden within the project area. • Building and plant materials used for screening shall be compatible with the architectural style and planting palette used on the project area.
• All ground level screening shall comply with the requirements of Ontario Development Code Section 6.02.030 (Pr otection of Intersection Visibility).

4.9.1 – Fences, Walls, and Hedges
Fences, walls, and hedges shall comply with Section 6.02.030 (Protection of Intersection Visibility) of the Ontario Development Code, Engineering Department corner sight distance standards, and all other applicable city standards. Fences and walls shall be made of decorative materials that are compatible with, or enhance, the overall architectural character of the project.

All fences, walls, and hedges shall be in scale with the development, and shall be used for screening, site enhancement, and creating a safer living environment for residents and their guests. All decorative walls, monuments, and/or other similar features, shall not encroach in to the public street right-of-way.
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5 – CIRCULATION

5.1 – Site Accessibility
T he site shall be designed to promote safety for residents by only allowing limited vehicular and pedestrian access into and across the site. This can be done through building orientation and placement, to minimize the use of gates and fencing; however, amenities shall be properly gated, limiting access to residents and their guests.

5.2 – Vehicular Circulation
T he project site shall be designed to reduce the number of dead end aisles in the parking lot areas, and provide all guest parking outside of gated areas (on site) to ensure accessibility. Location of drive aisles and entries shall be approved by the City. Vehicular circula- tion shall be designed in a way that promotes pedestrian safety and proper access to all parking areas.

5.3 – Pedestrian Circulation
Site design sha ll provide for safe pedestrian circulation across the project site by separating pedestrian areas from areas with vehicular access. This includes, but is not limited to, accessibility from parking lot areas to unit entries, site amenities, and perimeter sidewalk areas.

Fencing and gates may be used to limit public access to resident-only areas.

T he 20’ street-dedication on Holt Boulevard provides a unique opportunity to create a pedestrian promenade that will connect residential foot traffic between residential units, park- ing, and community spaces throughout the site. The space shall be welcoming and designed with landscape features that help define the walking path across the project area. Since no vehicular traffic will be allowed on this widened sidewalk, it is expected that pedestrians will be able to walk safely along the exterior area of the development where retail amenity area also located.

Lighting a nd visibility for enhanced security shall be taken into consideration in designing this area, and shall be compatible with the architectural theme. Buildings shall have windows that look on to this open space area to enhance the views of the residences and help create defensible spaces.
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5.4 – Integrated Waste Pickup Circulation
The use of scouting trash pickup service since 32 foot trash pickup truck will not be able to access the site and indicate where the staging of the six bins on the adjacent street, Brooks Street for the two trash enclosures will be on trash pickup day. Integrated Waste Management Report (IWMR) requirements:

The IWMR shall meet the following minimum requirements:

The Integrated Waste Management Report shall address the management of all integrated waste (Refuse, Recycling, Organics, etc.) including, but not limited to: types of waste generated, a mount of waste expected and the corresponding sizing of receptacles, all waste diversions, all staging and collection operations, any use of private haulers, and the property management regulations and practices for the site.

The IWMR shall demonstrate compliance with the latest version of the City’s Integrated Wa ste Planning Manual (available online at: http://www.ontarioca.gov/govern ment-departments-municipal-utilities-company/integrated-waste) as well as the applicable State regulations and shall contain, at a minimum, the following elements:

1. A discussion on the t ypes of waste generated (refuse, recycling, green waste, organics , etc.) by all uses on the site and the generation rates and total waste for each t ype. If a final use is not known the applicant shall make a reasonable assumption of t he land use expected or proceed as directed by the City.

2. A discussion on pre -treatment if the project will be required to use and install pre -treatment devices or services and an exhibit showing and labeling the location of t he pre-treatment devices.

3. A discussion on the t ypes of City Services that will be utilized and the sizing and number of recept acles (Bins, Compactors, etc.)

4. A discussion on was te that is diverted and the diversion services that will be used.

5. A ta ble utilizing the metrics on Page 8 of the Planning Manual and calculating the volume ( gallons or cubic yards), quantity, and service schedule for each type of ca n and bin required for each Service Category (refuse, recycled, etc.). The table shall inc lude all waste that is diverted and the diversion service(s).

6. An exhibit(s ) showing layout and architectural details for enclosures, compactors , roll-offs and non-standard containers proposed by the project.

Include spec ification “cut” sheets for non-standard containers. 169
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7. A discussion on t he staging and collection operation and an exhibit identifying t hese locations on the site and any other relevant details. The discussion shall addr ess circulation, accessibility, ingress, egress, pavement type, parking, the role of t he property management association, and the role of private haulers or scouting ser vices.

8. A discussion on private haulers describing their services and supplying the na mes, contact information, and City of Ontario Commercial Recycler Collec tion Permit numbers for each hauler. The discussion shall include an exhibit sho wing the staging and collection areas for private haulers.

Note: All private t hird party organics and recycling haulers shall be formally a pproved and permitted by the City of Ontario and shall meet City Code r equirements, otherwise the City shall provide the collection services. If the t hird party haulers do not have a City of Ontario Commercial Recycler Collec tion Permit, the discussion shall state whether the third party hauler is c harging a fee for service or not.

9. A discussion on the proposed property management association, their role in t he integrated waste management plan for the site and the by-laws and r egulations that relate to integrated waste (no parking, solid waste collection da y coordination, enforcement of the SWHP, etc.).

10. A discussion on a ny variances that are requested and the need for the variance a long with any relevant exhibits.

11. Appendix : A copy of the Final Solid Waste Handling Plan (See City SWHP r equirements).

12. Appendix : All exhibits and standard plans proposed for the project.

13. Appendix : A copy of the proposed association by-laws and regulations.

14. Appendix : A copy of the final Integrated Waste Variance Form (if a variance is r equested).

Solid Waste Handling Plan (SWHP) requirements:

T he SWHP shall meet, at a minimum, the following requirements:

1. S WHP Content and Format: The Solid Waste Handling Plan shall demonstrate complia nce with the Services Standards in the City’s Solid Waste Planning Ma nual (available online at: http://www.ontarioca.gov/government-depart ment s-municipal-utilities-company/integrated-waste) and shall contain, at a minimum, t he following elements:

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a. A st atement identifying the Service Requirements being used (e.g. Single Fa mily Detached with automated cans, Multi-family/Commercial/Industrial with bins a nd enclosures, etc.) and describing the solid waste handling operation (f or instance, will there be scouting services, etc.). b. A ta ble utilizing the metrics on Page 8 of the Planning Manual and ca lculating the volume (gallons or cubic yards), quantity, and service schedule f or each type of can and bin required for each Service Category (r efuse, recycled, etc.).
c. An Engineering Site Plan dra wn to scale that shows:
i. Minimum plan sc ale of scale of 1:100. Larger scales are preferred and should be sc aled to fill the sheet and show as much detail as clea rly as possible on one sheet; multiple sheets may be used if entire pr oject area cannot fit on one sheet at 1:100 scale. ii. A deta il of the Solid Waste Vehicle with dimensions and annotation that s tates the minimum turning radii and path of travel widths actua lly being used on the plan.
iii. The Solid W aste Vehicle turning movements and paths of travel in each dir ection of travel and at all intersections. All paths of travel shall be 15 f eet wide minimum.
iv . All parking stalls and parallel parking spaces along all streets, alleys, or aisles .
v. All proposed curbs a nd areas designated and striped/signed as “No P arking”.
vi. All proposed t rash enclosures and the ADA paths of travel from the buildings .
vii. A deta il for each enclosure footprint delineating the number and size of t he bins in order to demonstrate that the enclosure is adequately sized a nd oriented, if enclosures and bins are proposed .
viii. All proposed loc ations of automated cans shown as a 26-inch by 26-inch c an pad with 20-inches between can pads and 40-inches betw een can pads and Parking spaces, mailboxes and other obst ructions (Can Collection Area). Can Collection Areas shall be located a long designated paths of travel and cannot be located a long dead end alleys, motor courts, driveways, or private st reets; use multi-family standards for enclosures in these cases. 171
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2. Can Collec tion Area (CCA) Locations: If CCAs are being proposed in lieu of bin enclosur es for residential units located along dead end alleys, motor courts, drivewa ys, or private streets, then the SWHP shall comply with the following requir ements:
a. CC As cannot conflict or compete with potential parking areas.

Proposed C CAs must be designated as “no parking” at all times with appr opriate striping and signage.
b. Each r esidential unit must have a designated CCA and each CCA must delineated with ma rkings so that its location and the unit it is designated for a re easily identifiable.
c. Solid Wa ste Handling Plan shall include a detail showing how the CCAs will be delineated and identifia ble.

3. Private Thir d Party Hauler: If any Solid Waste Collections are going to be pro vided by a private third party hauler, include on the SWHP:
a. A st atement describing the service.
b. The na mes, contact information, and City of Ontario Commercial Rec ycler Collection Permit numbers of all private third party haulers.

Note: all private t hird party organics and recycling haulers must be forma lly approved and permitted by the City of Ontario and meet City Code requir ements, otherwise the City must provide the collection services . If the third party haulers do not have a City of Ontario Commerc ial Recycler Collection Permit, state if the third party hauler is cha rging a fee for service.
c. Show & la bel staging and collection areas for private third party haulers. 172
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Exhibit 5-1: Circulation Plan
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6 – DESIGN GUIDELINES
T he entire project area is covered by the Ontario Plan Policy Plan (General Plan) and has been designated as mixed-use (Holt Boulevard) and as described in the Ontario Plan Downtown Mixed-Use Growth Area. This PUD area will be distinctive through the requirement of a well-designed projects that convey visual interest and character through:
► Appr opriate scale and massing.
► Ar chitectural style and design that are complementary and appropriate to its setting. ► T he use of high quality materials that will create visual interest, high quality, durable a nd appropriate for the architectural style.
► Appr opriate Site Planning to ensure building orientation visibility from the street, adequate number of driv eways and sidewalks. Building setbacks, parking lot orientation, adequate r efuse storage areas and well designed s treet frontages.

6.1 – Building Orientation
B uilding orientation shall be designed to minimize noise impacts, aide in providing property site safety, create proper accessibility to site amenities and parking, and to maximize views from residential units. Design should also be done in a way to create defensible spaces improving site safety.
• Orient ation towards the exterior of the project area shall be carefully evaluated to ensure a pr oper relationship.
• B uildings shall be clustered in a way that creates defensible spaces providing views of interior open spaces a nd amenities. For units without garage spaces buildings shall be oriented to c reate minimal distances from assigned parking spaces to primary or seconda ry residential unit entries.
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The proposed development units was set-backed 2’ on Holt Blvd and 2’ on Brooks St both streets to form a strong retail and parking podium development adding a more interesting dimensional form to the architecture. The overall look if the development is to appeal to the younger demographics of the city. A sample rendering shown below:

Exhibit 6-1: Architectural Elevations
North Elevation
South Elevation
Exhibit 6-2: Architectural Elevations
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Exhibit 6-3: Architectural Rendering
North Perspective
South Perspective
Exhibit 6-4: Architectural Rendering
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6.2 – Architectural Character
The Roosevelt T ower design leans toward Contemporary and Modern Minimalist Style.

The design will make use of smooth cement plaster exterior finishes, simple square glazed window and storefront openings and decorative metal canopies throughout the development.

Large angular forms, creating a series of ‘boxes’ are used on both north and south exterior facades to emulate the simple and uncluttered lines - a predominant character of the modernist architectural style used by Nuetra and Schindler popularized in the 1930’s. The use of strong accent colors all throughout the exterior elevations were meant to offer fresh and playful char- acter that will differentiate the development from the other similar adjacent development along Holt Boulevard.

6.3 – Massing and Scale
All buildings shall be in sc ale with the surrounding community, with a majority of the building placement to occur toward the boundary of the project site. The prominent building elevations shall face both Holt Boulevard and Brooks Street. Buildings shall be 2 to 5 stories in height, containing a varied amount of units in each building, with varying façade planes so as not to creat a “monotonous” look. Amenities and site design shall be developed with the pedestrian scale in mind.

6.4 – Architectural Details
Architectural variations should occur between buildings to help distinguish each building and create variety within the proposed development. Architectural details should be consistent with the architectural style proposed. Details shall complement and enhance openings, and accentuate the overall design of each building. Detailing can be achieved through the use of different colors, window and door treatments, and a variety in exterior textures and materials (stone, siding, etc.) to create interesting elevations.

Decorative a wnings should be placed where feasible, over south facing windows, and adequate shade should be provided for outdoor spaces. Coverings shall use materials compatible with the architecture style to create a comprehensive building design. Exposed beams shall be integrated into the building design.
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6.5 – Materials and Color
Materials a nd colors shall be compatible with, and complementary to, the overall architectural style of the project. Larger building masses shall use a combination of dark and light colors to break up building planes, and use light colored trim to help accentuate roof features.

All colors shall be complementary, and the project shall utilize “warm tone” colors. Materials shall be a mixture of stucco, wood, rich stones and masonry siding, in a variety of complementary colors. A concrete or composite roof material shall be used.

6.6 – On-Site Streetscapes and Pedestrian Walkways
Street furniture and decorative paving should be used throughout the project area to enhance architectural design. The use of complementary materials and textures should be used to create a continuity and consistency that is desired throughout the project area.

A variety of decorative elements should be incorporated into the design of the project area, including, but not limited to, benches, tree grates, bike racks, enhanced paving, trash receptacles, and decorative bollards.

A selection of a ppropriate elements shall consider sidewalk widths, size and spacing of street trees, importance of the pedestrian path, and the requirement to maintain a minimum 4-foot wide walkway for pedestrian movement in all areas. All streetscape features shall comply with the Americans with Disabilities Act (ADA), along with accessibility requirements for public services, such as police and fire.

6.7 – On-Site Lighting
Decorative light fix tures compatible with the architectural style of the buildings shall be provided on-site.

A minimum of one footc andle of light shall be provided within parking areas and 0.5 footcandles of light within pedestrian pathways, in compliance with the City of Ontario Police Department standards.
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6.8 – Signs
Signs within t he project area shall comply with the Division 8.01 (Sign Regulations) of the Ontario Development Code. A Sign Program shall be reviewed and approved by the City for this proposed Mixed-Use project.

6.9 – Off-Site Improvements
All off-site improvements shall be installed in accordance with City standards, and to the satisfaction of the City Engineer.

Note: All Priority Land Use (PLU): Land use consisting of high-density residential, defined as a land use with at least ten (10) dwelling units per acre, industrial, commercial, mixed urban, and public transportation station land uses within the project area shall comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino.
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Exhibit 6-5: Streetscape Examples
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7 – INFRASTRUCTURE AND UTILITIES

7.1 – Infrastructure
All impr ovements and alterations to public infrastructure (sewer, water, recycled water, storm drain, etc.) shall obtain approval from all appropriate agencies.

I f infiltration is deemed feasible by a licensed geotechnical engineer, on-site storm water drainage facilities shall be provided for capture and infiltration of a 2-yr, 24-hour storm event, consistent with the San Bernardino County MS4 Program’s Water Quality Management Plan (WQMP) requirements for new development. Storm water capture and infiltration facilities include the utilization of not proposed MaxWell Drywells and underground storm water infiltration chambers.

7.2 – Street Improvements
St reet improvements (street, sidewalk, parkway, curb, gutter, street lights, etc.) shall be constructed with the development of the project site. Improvements will be required on the streets adjacent to the project area including Holt Boulevard and Brooks Street. Design and construction of street improvements shall be in accordance with the City standards, and to the satisfaction of the City Engineer. Exhibit 7-4 (Street Sections) identifies the improvements for each street adjacent to the project site.

Upon development of the project site, the developer shall construct the right-of-way improvements adjacent to the project site, to the centerline of the street (street, curb, gutter, parkway, sidewalk, etc.). Curb returns at entry and exit driveways to the project site on Holt Boulevard and Brooks Street, shall be designed and constructed with a minimum 10-foot radius.

All Priority Land Use (PLU): Land use consisting of high-density residential, defined as a land use with at least ten (10) dwelling units per acre, industrial, commercial, mixed urban, and public transportation station land uses within the project area shall comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino. See Exhibit 7-1 (Civil Plan). 181
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7.3 – Public Utilities
All existing dry utilities (electricity, cable, telephone, gas, etc.) along Holt Boulevard and B
rooks Street shall be relocated and re-routed as required and approved by the affected utility agencies/companies.

7.4 – Street Dedication, Vacation and Easements
The ultimate Holt Boulevard right-of-way is 60 feet, measured from centerline, and will require an additional 20 feet of street dedication. The ultimate Brooks Street right-of-way is 30 feet, measured from centerline, and will require an additional 2 feet of street dedication. 182
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Exhibit 7-1: Civil Plan
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Exhibit 7-2: Utility Plan
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Exhibit 7-3: Easement and Dedication Locations
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Exhibit 7- 4: Street Sections
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8 – CEQA COMPLIANCE
An Addendum to T he Ontario Plan Environmental Impact Report (SCH No. 2008101140), prepared in conjunction with File No. PGPA06-001, and certified by the City of Ontario City Council on January 27, 2010, was prepared for the project. The Approving Authority for the Project reviewed and considered the information contained in the Addendum, the initial study, and the administrative record for the Project, including all submitted written and oral evidence. Based upon the facts and information contained in the Addendum, the initial study, and the administrative record, including all written and oral evidence, the Approving Authority found as follows:
• T he Addendum and administrative record have been completed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
• T he Addendum contains a complete and accurate reporting of the environmental impac ts associated with the Project, and reflects the independent judgment of the Approving Authority; and
• T here is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts; and • T he project will not introduce any new significant environmental impacts beyond those previously analyzed in the Environmental Impact Report, and all mitigation measures previously adopted by the Environmental Impact Report, are incorporated herein by this reference.

8.1 – Environmental Performance Standards
Due to t he proximity of the project area to rail lines and Holt Avenue which are both generators of noise and emissions, standards have been established to mitigate these environ- mental impacts.
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 68 8.1.1 – Noise
T o ensure a proper standard of living, noise levels shall not exceed 65 dBA for exterior noise levels and 45 dBA for interior noise levels. In order to achieve these noise levels the following mitigations shall be followed:
• Prior to t he issuance of building permits, the developer/owner shall retain an acoustic engineer to conduc t an acoustic analysis and identify, where appropriate, site design f eatures (e.g., setbacks, berms, or sound walls), and/or required building acoustical impr ovements (e.g., sound transmission class rated windows, doors and attic baffling), to ensur e compliance with the City’s Noise Compatibility Criteria, and the California State B uilding Code and California Noise Insulation Standards (CCR Titles 24 and 21). • Prior to t he issuance of building permits, the developer/owner shall retain an acoustical engineer to e valuate the potential for trains to create perceptible levels of vibration indoors . If vibration-related impacts are found, mitigation measures, such as use of conc rete, iron, steel, or masonry materials to ensure that levels of vibration amplification a re within acceptable limits to building occupants, shall be implemented. Pursuant to the F ederal Transit Administration vibration-annoyance criteria, these acceptable limits are 78 V dB during the daytime and 72 VdB during the nighttime for residential uses. • Cons truction activities shall only occur between the hours of 7:00 AM and 6:00 PM on weekdays, and 9:00 AM and 6:00 PM on Saturdays and Sundays; • St ructural noise attenuation requirements contained in Ontario Municipal Code Title 8, Chapter 15, Article 3 (Building Requirements for New Residential Construction in the 65 CNEL to 70 CNEL Noise Zone) are required to be incorporated into exterior façade units located along the eastern, western, and northern project perimeter. • St ructural noise attenuation requirements contained in Ontario Municipal Code Title 8, Chapter 15, Article 2 (Building Requirements for New Residential Construction in the 70 CNEL to 75 CNEL Noise Zone) are required to be incorporated into exterior façade units located along the southern project perimeter;
• Ba lconies on exterior façade units located along the project’s east, south and north frontages shall have a solid balcony barrier of at least 5 feet per study findings. On ex terior façade units located along the project’s south perimeter street frontage, no ba lconies or yard areas shall be permitted; and
• I f required upon findings of a study, a 6-foot high solid decorative masonry block wall with self -closing, sound insulated gates shall be constructed between the buildings located along t he southern edge of the project site. This will ensure exterior noise for outdoor facilities wit hin the project will not exceed 65 dB CNEL.

CEQA Compliance
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8.1.2 – Air Qua lity
• Due to t he proximity of the active rail lines to the south of the project area, air quality is a concern for the project site resulting from the diesel emissions from trains.

Listed below are standards for reducing the air quality impacts of the diesel emissions. • All r esidential living areas shall be equipped with air filtration systems operating under a positive pressure rated at MERV 12 or higher;
• T he HOA or property management will replace all unit filters on a routine basis, deter mined by industry standards for the filter and air conditioning HVAC systems selected; • T he active outdoor recreation areas should be shifted northward where feasible, to provide the greatest possible distance setback from the closest railroad tracks; and • A dense t ree canopy shall be established along the southern site boundary to act as a living bio-filter for particulate air pollution.
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9 – ADMINISTRATION

9.1 – Items Not Addressed in PUD
An y terms or regulations pertaining to design, development, subdivision, administration and interpretation, and nonconforming use, structures and, which are not addressed in this PLANNED UNIT DEVELOPMENT, shall be governed by the City of Ontario Development Code.

9.2 – Development Applications
De velopment Plan approval, pursuant to the requirements of Ontario Development Code Section 4.02.025 (Development Plans), shall be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building. A Development Plan application shall be submitted to the Planning Department on a City application form pursuant to the requirements of Ontario Development Code Division 2.02 (Application Filing and Processing), commencing with Subsection B (Discretionary Permits and Actions) of Section 2.02.015 (Application Processing Procedures).

9.3 – Administrative Exceptions
Minor ex ceptions to the development standards set forth in this document may be granted by the Zoning Administrator in accordance with Section 4.02.020.C (Administrative Exceptions) of the Ontario Development Code, not to exceed 10 percent from minimum residential setback and separation requirements.

9.4 – Severability
I f any portion of this Planned Unit Development is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this Planned Unit Development. Moreover, the decision shall not affect, impair, or nullify this Planned Unit Development, either in whole or in part, and the remainder of this Planned Unit Development shall continue in full force and effect. 190
ORDINANCE NO.________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD20-001, A PLANNED UNIT

DEVELOPMENT (THE ROOSEVELT TOWER PLANNED UNIT

DEVELOPMENT) ESTABLISHING DEVELOPMENT STANDARDS,

DESIGN GUIDELINES AND INFRASTRUCTURE REQUIREMENTS FOR

0.81 ACRES OF LAND LOCATED AT 549 WEST HOLT BOULEVARD,
WITHIN THE MU-1/LUA-3 (DOWNTOWN MIXED-USE/HOLT

BOULEVARD DISTRICT) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1049-021-09.

WHEREAS, Kathy Huynh ("Applicant") has filed an Application for the approval of a Planned Unit Development, File No. PUD20-001, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 0.81 acres of land located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and the site is presently vacant land; and
WHEREAS, the property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and is developed with the Ontario Village Commercial Shopping Center. The property to the south is within the IL (Light Industrial) zoning district and is developed with a mix of industrial uses. The property to the east and west are within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and are developed with multi-tenant commercial uses; and WHEREAS, in conjunction with the Planned Unit Development (The Roosevelt Tower Planned Unit Development) application, the Applicant has submitted a Development Plan application (File No. PDEV20-009) to construct a mixed-use project consisting of 59 multiple-family dwellings (three-stories of residential units over two- stories of podium parking and 2,500 square feet of first floor retail space) on the Project site. Approval of the Development Plan application will not be final and complete until The Roosevelt Tower Planned Unit Development, File No. PUD20-001, has been approved by the City Council; and
WHEREAS, the Ontario Plan Policy Plan (general pan) designates the Project area as MU (Mixed-Use). The Ontario Plan describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed Use is also intended to provide new housing opportunities that will also provide increased demand for commercial/retail in a more urban, concentrated, and strategic location. The densities and intensities of the mixed- use designation represented within The Ontario Plan (“TOP”) are the intended level of anticipated development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or planned unit development; and
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WHEREAS, the Policy Plan specifies that the Downtown Mixed-Use Area is to be implemented through the approval of an Area Plan or Planned Unit Development (“PUD”) prior to the development of properties within the area. In compliance with this requirement, the Applicant has submitted “The Roosevelt Tower Planned Unit Development” (included as “Attachment A” to this Ordinance), which is consistent with this vision and the goals and policies of the Policy Plan; and WHEREAS, the purpose of the PUD is to secure a fuller realization of the Policy Plan than would result from the strict application of present zoning district regulations and to:
 Promote high standards in urban design;
 Encourage the development of exceptionally high quality, mixed-use, medium to high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs;  Ensure harmonious relationships with surrounding land uses; 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, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (“ONT ALUCP”), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
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 July 26, 2022, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC22-037 recommending the City Council approve the Application; and
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WHEREAS, on September 6, 2022, the City Council of the City of Ontario conducted a hearing to consider the Project. The City Council continued the Project to a future and concluded said hearing on that date; and
WHEREAS, on December 6, 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 Ordinance have occurred.

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

SECTION 1: Environmental Determination and Findings. As the 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 administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and (2) The Project is categorically exempt from environmental review pursuant to Section 15332 (Class 32, In-Fill Development) of the CEQA Guidelines, which consists of projects characterized as infill developments, meeting the following conditions:
a) The Project is consistent with the applicable general plan designation and all applicable general plan policies, as well as the applicable zoning designation and regulations. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. The development standards and conditions under which the proposed Project will be constructed and maintained, is consistent with the goals, policies, plans and exhibits of the Policy Plan (General Plan) component of the Ontario Plan.
b) The proposed development occurs within city limits, on a Project site of no more than five acres and is substantially surrounded by urban uses. The Project site is 0.81-acres of land, located within the incorporated boundaries of the City of Ontario.

Furthermore, the site is situated within a fully urbanized area that is characterized by a mix of industrial and multi-tenant commercial developments. c) The Project site has no value as habitat for endangered, rare, or threatened species. The site is currently vacant land, with no value to endangered, rare or threatened species.
d) Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality. Conditions of approval have been imposed on the Project, which will mitigate any significant effects relating to traffic, noise, air quality, or water quality.
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e) The Project can be adequately served by all required utilities and public services. The site is located within an area that is currently served by all required utilities and public services, including, but not limited to sewer, water, gas, electric and municipal solid waste services; and
(3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 2: Housing Element Compliance . Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the decision-making body for the Project, the City Council finds that based on the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties in the Housing Element Sites Inventory contained in Tables B-1 and B-2 of the Housing Element Technical Report.

SECTION 3: Airport Land Use Compatibility Plan ("ALUCP") Compliance. The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision- making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the DAB, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and
SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 3, above, the City Council hereby concludes as follows:
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(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. The development standards and conditions under which the proposed Project will be constructed and maintained, is consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. (2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The City Council has required certain safeguards, and imposed certain conditions of approval, which have been established to ensure that: [i] the purposes of the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and The Roosevelt Tower PUD are maintained; [ii] the Project will not endanger the public health, safety or general welfare; [iii] the Project will not result in any significant environmental impacts; [iv] the Project will be in harmony with the area in which it is located; and [v] the Project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan vision, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and the Roosevelt Tower PUD.
(3) In the case of an application affecting specific property, the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. A thorough review and analysis of the proposed Project and its potential to adversely impact properties surrounding the subject site was completed by City staff. As a result of this review, certain design considerations were incorporated into the Project to mitigate identified impacts to an acceptable level, including the use of upgraded materials, the inclusion of certain architectural design elements on building exteriors, intensified landscape elements, and decorative hardscape elements. In addition, conditions of approval have been imposed on the Project, which will mitigate any significant effects relating to traffic, noise, air quality, or water quality. (4) In the case of an application affecting specific property, the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. In preparing the proposed PUD, a thorough review and analysis of the proposed Project and the Project site’s physical suitability for the proposed Project was completed, including analysis of the Project size, shape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, off-street parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage. (5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The proposed PUD addresses aspects of the Project that are specifically related to the proposed Development Plan, File No. PDEV20-009, filed in conjunction with the PUD, including necessary building 195
setbacks, site access points, off-street parking, site circulation, and architectural character.

SECTION 5: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the herein described The Roosevelt Tower Planned Unit Development (File No. PUD20-001), attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 6: Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 8: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 10: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within (15) days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 17th of January 2023. _____________________________________
PAUL S. LEON, MAYOR
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ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held January 17, 2023 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 January 17, 2023 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

File No. PUD20-001;
The Roosevelt Tower Planned Unit Development
(Document follows this page)
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 3 The Roosevelt T ower
Planned Unit Development
Table of Contents
1 – Introduction .............................................................................. 6 2 – Objectives ................................................................................. 9