Agenda packet — Ontario City Council, April 18, 2023 (part 1 of 4)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
APRIL 18, 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.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ACCOMODATIONS

If you need special assistance or accommodations to participate in this meeting, please contact 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
5:30 p.m.
, Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

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 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751

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

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1011-382-09; 801-805 South Mountain Avenue; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Peter Stuart Dejager and Michelle Julie Dejager; Under negotiation: Price and terms of payment

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

ATTACHMENT:

20230418 Closed Session

ATTACHMENT:

20230418 Child Abuse Prevention Month
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1011-382-65; 1045 West Mission Boulevard; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Kalpesh P. Solanki; Under negotiation: Price and terms of payment.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-562-06; 212-218 North Palm Avenue; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Kenneth Hale; Under negotiation: Price and terms of payment

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-562-07; 210 North Palm Avenue and 222 West B Street; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Pan de Vida Spanish Ministry of Ontario; Under negotiation: Price and terms of payment.

PLEDGE OF ALLEGIANCE
Council Member Valencia

INVOCATION
Pastor Victor Enoch Victory Outreach Ontario Bilingual Church

REPORT ON CLOSED SESSION
City Attorney

SPECIAL CEREMONIES

CHILD ABUSE PREVENTION MONTH PROCLAMATION

COMMUNITY IMPROVEMENT PROPERTY RECOGNITION PROGRAM AWARDS That the City Council present the Community Improvement Property Recognition Awards to the selected recipients.

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20230321 Minutes (Not official until approved)

2. BILLS & PAYROLL

3. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR HAZARDOUS MATERIALS

COLLECTION AND DISPOSAL

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

COUNTY TAX ROLLS
[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 March 21, 2023 and approving same as on file in the Records Management Department.

Bills March 17, 2023 through March 30, 2023, and Payroll March 12, 2023 through March 25, 2023 when audited by the Finance Committee.

That the City Council approve Amendment No. 3 to increase the contracted dollar amount with Environmental Logistics, Inc. of Bloomington, California by $406,700, which would increase the total not-to-exceed to $733,598.

That the City Council adopt a Resolution for recovery of fees and costs incurred in abating CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

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

ATTACHMENT:

Comm Imp Special Assessments for County Tax Rolls^02 EXH A

ATTACHMENT:

Comm Imp Special Assessments for County Tax Rolls^03 EXH B

ATTACHMENT:

Comm Imp Special Assessments for County Tax Rolls^04 EXH C

5. AWARD BID FOR A MAINTENANCE SERVICES AGREEMENT FOR STAND-BY GENERATOR

MAINTENANCE SERVICES AND REPAIRS

6. AMENDMENTS TO THE MAINTENANCE SERVICE AGREEMENTS FOR LANDSCAPE

MAINTENANCE SERVICES FOR SPECIFIC CITY-OWNED PROPERTY, PARKWAYS AND

LANDSCAPE MEDIANS THROUGHOUT THE CITY

7. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR QUIET HOMES AND ONTARIO RANCH WEED ABATEMENT 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 award Bid No. 1602 and authorize the City Manager or his designee to execute a three-year Maintenance Services Agreement (on ﬁle in the Records Management Department) with Global Power Group, Inc. of Lakeside, California, in the amount of $375,600 plus a contingency of $150,000, for a total not-to-exceed amount of $525,600; and authorize the City Manager to extend the agreement for up to two (2) one-year options.

That the City Council takes the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 7, adding one site to the Housing and Gas Tax Funded Sites, to the Maintenance Services Agreement (on ﬁle with Records Management) with Brightview Landscape Services, Inc. of Upland, California, for Contract No. PM1617-7.

B
.

Authorize the City Manager or his designee to execute Amendment No. 5, adding four new sites in the Former Redevelopment Properties, to the Maintenance Services Agreement (on ﬁle with Records Management) with Brightview Landscape Services, Inc. of Upland, California for Contract No. PM1617-10.

C
.

Authorize the City Manager or his designee to execute Amendment No. 6, adding two new sites and the turf removal project at Fire Stations 3, 4, 5, 6, 7, and 8, to the Maintenance Services Agreement and (on ﬁle with Records Management) with Brightview Landscape Services, Inc. of Upland, California, for Contract No. PM1617-9 for the landscape maintenance services of certain parkways, ﬁre stations, and landscape medians throughout the City.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

8. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR PARKWAYS IN THE ONTARIO RANCH AREA

9. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR CELEBRATION NORTH AND SOUTH PARKS

10. AUTHORIZE THE PURCHASE OF GASOLINE AND DIESEL FUEL

11. AN AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH SAFE USA, INC. FOR CRACK

SEALING SERVICES

12. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE STREET That the City Council takes the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 2, adding eight newly acquired sites at Quiet Home and exercising the optional two (2) one-year extensions, to the existing Maintenance Services Agreement (on ﬁle with Records Management) with DW Landscape, Inc. of Upland, California, for Contract No. PM1718-7.

B
.

Authorize the City Manager or his designee to execute Amendment No. 1, adding one newly acquired area for Ontario Ranch Weed Abatement and exercising the optional two (2) one-year extensions, to the existing Maintenance Services Agreement (on ﬁle with Records Management) with DW Landscape, Inc. of Upland, California, for Contract No.

PM1920-7.

That the City Council authorize the City Manager or his designee to execute Amendment No. 5, adding ﬁve newly acquired parkway planter areas at Park Place located in the Ontario Ranch area and exercising the optional two (2) one-year extensions to the existing Maintenance Services Agreement (on ﬁle with Records Management) with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, Contract No. PM1920-6.

That the City Council authorize the City Manager or his designee to execute Amendment No. 1, exercising the optional two (2) one-year extensions, to the existing Maintenance Services Agreement (on ﬁle with Records Management) with Priority Landscape Services of Brea, California, for landscape maintenance services at Celebration Park North and South for Contract No. PM1718-6.

That the City Council approve and authorize the City Manager or his designee to enter into a ﬁve-year cooperative purchase and delivery of gasoline and diesel fuel with Nuckles Oil Company, DBA Merit Oil Company, of Bloomington, California, consistent with the terms and conditions of the County of San Bernardino Awarded Contract dated June 15, 2022.

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 1, exercising the optional two (2) one-year extensions, to the Construction Agreement (on ﬁle with Records Management Department) with Safe USA, Inc. located in Ontario, California, for Contract No. SM 1920-5.

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

SWEEPING SERVICES

13. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE TREE

MAINTENANCE SERVICES

14. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR PARKWAYS AND MEDIANS IN THE ONTARIO RANCH AREA

15. AUTHORIZE VENDORS FOR FLEET VEHICLE EQUIPPING

16. A DEVELOPMENT IMPACT FEE CREDIT AND REIMBURSEMENT AGREEMENT (FILE NO.

PDIF22-003) BETWEEN THE CITY OF ONTARIO AND DUKE REALTY STATE STREET LP, FOR FACILITY CONSTRUCTION ASSOCIATED WITH DEVELOPMENT PLAN (FILE NO. PDEV22-010), LOCATED AT 316 SOUTH BON VIEW AVENUE, WITHIN THE IG (GENERAL INDUSTRIAL)

ZONING DISTRICT

17. AWARD OF A CONSTRUCTION CONTRACT FOR THE DE ANZA COMMUNITY CENTER ROOF

RESTORATION PROJECT
That the City Council authorize the City Manager or his designee to execute Amendment No. 5, adding new streets in Ontario Ranch, to the Maintenance Services Agreement (on ﬁle with Records Management) with Sweeping Corp of America, of Gardena, California, for Contract No.

SM1617-2.

That the City Council authorize the City Manager or his designee to execute Amendment No. 13, exercising the ﬁnal one (1) year term extension and adding additional citywide tree maintenance services to the Maintenance Services Agreement (on ﬁle with Records Management) with West Coast Arborists of Anaheim, California, for Contract No. PM- WCA1415.

That the City Council authorize the City Manager or his designee to execute Amendment No. 3, adding ﬁve additional sites in the Community Facilities District (CFD) located in the Ontario Ranch area, to the Maintenance Services Agreement (on ﬁle with the Records Management) with Greentech Landscape, Inc. of Whittier, California, for Contract No. PM2021-2.

That the City Council approve 10-8 Retroﬁt of Ontario, California, as an authorized vendor for current and future purchases and installation of electronics and equipment associated with the routine replacement of City fleet vehicles.

That the City Council approve the Development Impact Fee Credit and Reimbursement Agreement (File No. PDIF22-003) between the City of Ontario and Duke Realty State Street LP, for the facility construction associated with Development Plan (File No. PDEV22-010), located at 316 South Bon View Avenue, within the IG (General Industrial) zoning district, and authorize the City Manager to execute the Agreement.

That the City Council take the following actions:

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

18. A PUBLIC HEARING TO CONSIDER AMENDING THE ZONING DESIGNATIONS ON 107

PROPERTIES LOCATED THROUGHOUT THE CITY
A
.

Authorize the City Manager or his designee to complete and execute Construction Contract No. D&C22-013 with Rite-Way Rooﬁng Corporation located in Fontana, California, for the De Anza Community Center Roof Restoration Project in an amount of $420,858;
B
.

Authorize a 10% contingency of $42,086 for a not-to-exceed contract value of $462,944 to address any unforeseen issues that may arise during construction; and C
.

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.

PUBLIC HEARINGS

Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Aﬃdavits of posting compliance, for all items below, are on file with the Records Management Department.

That the City Council consider:

A
.

Adoption of a Resolution approving the use of an Addendum to The Ontario Plan 2050 (TOP 2050) Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364);
B
.

Introduction and waiver of further reading of an Ordinance approving a Zone Change (File No. PZC22-001) amending the zoning designations on 107 properties located citywide to make the Oﬃcial Zoning Map consistent with TOP 2050 Land Use Plan (Exhibit LU-01); and
C
.

A recommendation from the Planning Commission to reconsider the zone change for Area A1 (APNS: 1008-551-01, 1008551-13, 1008-551-11, and 1008-561-06) from LDR-5 (Low Density Residential) zoning district to MDR-18 (Medium Density Residential) zoning district and Area C2 (APNS: 1010-491-02, 1010-491-16, 1048-604-13, 1048-604-14, and 1048-604-15) from MDR-25 (Medium-High Density Residential) zoning district to HDR-45 (High Density Residential) zoning district.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN ADDENDUM TO THE ONTARIO PLAN 2050 CERTIFIED SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2021070364), FOR WHICH AN INITIAL STUDY WAS PREPARED, ALL IN ACCORDANCE

WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NO. PZC22-001.

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

ATTACHMENT:

File No. PZC22-001 ^01 Exhibit A

ATTACHMENT:

File No. PZC22-001^01 PC Back-up.pdf

ATTACHMENT:

File No. PZC22-001^03^RESO^Addendum^RM

ATTACHMENT:

File No. PZC22-001^04 Addendum

ATTACHMENT:

File No. PZC22-001^05^ORD-ZC^RM

19. A PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING A DEVELOPMENT CODE

AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO

DEVELOPMENT CODE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC22-001, A CITY INITIATED REQUEST TO CHANGE THE ZONING DESIGNATIONS ON 107 PROPERTIES LOCATED THROUGHOUT THE CITY TO MAKE THE OFFICIAL ZONING MAP CONSISTENT WITH THE ONTARIO PLAN 2050 POLICY PLAN (GENERAL PLAN) LAND USE PLAN (EXHIBIT LU-01), AND MAKING FINDINGS IN SUPPORT THEREOF — APNS: 1008-522-04, 1008-522-01, 1008-522-02, 1008-522-03, 1008-513-16, 1008-551-01, 1008-551-13, 1008-551-12, 1008-551-11, 1008-561-06, 1008-551-07, 1008-441-01, 1048-525-12, 1049-094-07, 1049-094-10, 1049-094-08, 1049-094-09, 1048-525-14, 1048-525-13, 1048-525-15, 1048-523-15, 1048-523-16, 1048-523-18, 1048-522-08, 1048-522-09, 1048-522-10, 1048-522-11, 1048-524-14, 1048-524-15, 1048-524-16, 1048-524-17, 1048-525-16, 1048-525-17, 1048-525-18, 1048-525-19, 1048-525-20, 1048-523-17, 1049-094-04, 1049-094-14, 1049-094-02, 1049-094-01, 1049-093-10, 1049-093-09, 1049-093-07, 1049-093-06, 1049-093-04, 1049-093-03, 1049-093-02, 1049-093-01, 1049-091-04, 1049-091-03, 1049-091-02, 1049-091-01, 1049-094-13, 1049-094-05, 1049-094-11, 1049-094-06, 1049-093-08, 1049-093-05, 1010-502-08, 1010-502-09, 1048-604-13, 1048-604-14, 1048-604-15, 1010-491-16, 1010-491-02, 1010-491-03, 0210-551-02, 0210-551-03, 1050-272-20, 1050-272-01, 1050-272-21, 1050-284-01, 1051-221-07, 1051-222-13, 1051-222-12, 1051-222-01, 1051-221-08, 1051-222-11, 1051-221-09, 1051-222-10, 1051-221-10, 1051-222-09, 1051-221-11, 1051-222-08, 1051-221-12, 1051-221-13, 1051-221-14, 1051-221-16, 1051-221-15, 1051-221-20, 1051-271-66, 1051-271-67, 1051-271-06, 1048-556-05, 1048-556-04, 1048-556-03, 1048-556-02, 1048-556-01, 1048-556-14, 0110-071-01, 0110-061-01, 0110-071-06, 0110-071-02, 0110-072-11, 0110-072-10, AND 0110-071-07.

That the City Council introduce and waive further reading of the Ordinance approving File No.

PDCA23-001, a Development Code Amendment revising and clarifying certain provisions of Chapters 1.0 (Development Code Enactment and General Provisions), 2.0 (Administration and Procedures), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA23-001, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 (DEFINITIONS CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

ATTACHMENT:

PDCA23-001 2023 Dev Code Update #1^01 AR ATTACH A.docx

ATTACHMENT:

20230418 PDCA23-001 2023 Dev Code Amendment #1- PC Back- up.pdf

ATTACHMENT:

PDCA23-001_2023 Dev Code Update #1^02^ORD^RM

ATTACHMENT:

PDCA23-001_2023 Dev Code Update #1^03 ORD ATTACH A

20. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH); ADOPTION OF A RESOLUTION TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN

ORDINANCE LEVYING SPECIAL TAXES

AND GLOSSARY) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

That the City Council consider and:

A
.

Adopt a Resolution of Formation of Community Facilities District No. 64 (Sunset Ranch), authorizing the levy of special taxes within the community facilities district, and establishing an appropriations limit for the community facilities district; B
.

Adopt a Resolution deeming it necessary to incur bonded indebtedness within Community Facilities District No. 64 (Sunset Ranch);
C
.

Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 64 (Sunset Ranch);
D
.

Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E
.

Introduce and waive further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 64 (Sunset Ranch); and F
.

Adopt a Resolution authorizing the execution and delivery of an acquisition and funding agreem
ent with KB Home Coastal Inc., a California corporation.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH), AUTHORIZING THE LEVY OF A SPECIAL TAX.

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

DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH).

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

CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH).

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

DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF

NOTICE OF SPECIAL TAX LIEN FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

ATTACHMENT:

CFD No. 64 Sunset Ranch^01^RESO^Formation^RM

ATTACHMENT:

CFD No. 64 Sunset Ranch 01A^EXH B RMA

ATTACHMENT:

CFD No. 64 Sunset Ranch^02^RESO Necessary to Incur^RM

ATTACHMENT:

CFD No. 64 Sunset Ranch^03^RESO Calling Special Election^RM

ATTACHMENT:

CFD No. 64 Sunset Ranch^04^RESO Declaring Election^RM

ATTACHMENT:

CFD No. 64 Sunset Ranch 05^ORD^RM

ATTACHMENT:

CFD No. 64 Sunset Ranch 06^RESO^Resolution of Acquisition^RM LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITY DISTRICT NO. 64 (SUNSET RANCH).

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

AUTHORIZING THE EXECUTION AND DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT WITH KB HOME COASTAL INC.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS
Board and Commission Appointments

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 11

Page 1 of 3 ends

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) April 18, 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 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751 No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54957.6, CONFERENCE WITH LABOR NEGOTIATIONS: City Negotiator: City Manager or his designees; Bargaining Units: Ontario Police Officers Association, Ontario Police Management Group, Ontario Professional Firefighters Association Local 1430, Ontario Fire Management Group, Department Heads, Executives, AFSCME Local 3061, Teamsters Local 1932, Association of Management Employees, Confidential Group, and Part-time Employees.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 12

Page 2 of 3 ends

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) April 18, 2023
(continued)
In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1011-382-09; 801-805 South Mountain Avenue; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Peter Stuart Dejager and Michelle Julie Dejager; Under negotiation: Price and terms of payment
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1011-382-65; 1045 West Mission Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Kalpesh P. Solanki; Under negotiation:

Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 13

Page 3 of 3 ends

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) April 18, 2023
(continued)
In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-562-06; 212-218 North Palm Avenue; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Kenneth Hale; Under negotiation: Price and terms of payment
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-562-07; 210 North Palm Avenue and 222 West B Street; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Pan de Vida Spanish Ministry of Ontario; Under negotiation: Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
14 PROCLAMATION
WHEREAS, all children have the right to receive the care, protection , and guidance a family provides, to be free from harm, and to have their physical, emotional , and educational needs met, State and Federal governments have proclaimed April 2023 as Child Abuse Prevention Month for the purpose of promoting community involvement in the prevention of child abuse; and WHEREAS, nearly 30,000 children in San Bernardino County were referred to Children and Family Services for suspected child abuse and neglect in 2022; and WHEREAS, the Adverse Childhood Experiences (ACE) Study conducted by Drs. Vincent J.

Felitti and Robert F. Anda demonstrates long-term health, social, and economic risks that result from childhood trauma; and
WHEREAS, as the prevention of child abuse requires rigorous solutions, energy, strength, determination, and commitment from concerned citizens and the entire community, the County of San Bernardino provides services and professionals in the field of child abuse who are dedicated, compassionate, and skilled in the prevention of child abuse; and WHEREAS, with the Blue Ribbon as the international symbol for child abuse prevention, the San Bernardino County Children’s Network, in partnership with the San Bernardino County Board of Supervisors, the member agencies of the San Bernardino County’s Children’s Policy Council and Child Abuse Prevention Committee, have planned a Blue Ribbon Media Campaign – the 24th “Annual Shine a Light on Child Abuse” Awards during the month of April to increase awareness of child abuse;
NOW, THEREFORE BE IT RESOLVED , that I, Paul S. Leon, Mayor of the City of Ontario, along with the entire City Council, do hereby proclaim April as Child Abuse Prevention Month in Ontario, California.

GIVEN UNDER THE CORPORATE SEAL

OF THE CITY OF ONTARIO, CALIFORNIA
this 18th day of April, 2023.
___________________________________
PAUL S. LEON
Mayor
15 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:

SUBJECT:

COMMUNITY IMPROVEMENT PROPERTY RECOGNITION PROGRAM AWARDS

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

SPECIAL CEREMONIES

RECOMMENDATION:

That the City Council present the Community Improvement Property Recognition Awards to the selected recipients.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

The Community Improvement Department developed the Property Recognition Program to acknowledge residential property owners who have demonstrated outstanding maintenance or signiﬁcant improvement to their properties and celebrate their dedication to beautifying Ontario and building better neighborhoods. The Neighborhood Action Team, comprised of Staﬀ from various City Departments, considered each category and chose the following recipients:

Outstanding Property Award (Owner-Occupied) - 2416 South Sandpiper Place - Shawn & Erica Rumenapp
Outstanding Property Award (Rental) - 633 West Sunkist Street - H&R Holdings LLC Property Beautiﬁcation Award (Owner-Occupied) - 2001 South Bonita Avenue - C linton &
Stephanie Bailey
Property Beautiﬁcation Award (Rental) - 626 West I Street - Maryanne Larios Osborne & Nicholas Reed

16 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
MARCH 21, 2023
(Not Official Until Approved)
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council, and the Housing Authority were held on Tuesday, March 21, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:34 p.m.

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

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

CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda, and the City Council recessed to Closed Session at 5:34 p.m. for discussion of the following:
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-061-10; 1207 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Yoon Ku Byun; Under negotiation:

Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-061-22; 1230 East Nocta Street; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Kathy Jong Kim Trusty, Kyung Sam Kim Trustee; Under negotiation: Price and terms of payment
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 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-061-30; 1253 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Harrison Street Real Estate, Andasol Management Inc, Brett Henry; Under negotiation: Price and terms of payment  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-472-15; 1182 East Nocta Street; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Uikelotu Ngalo, Semisi M. Kakau, Semisi Kofu, Sione L. Tovi, Uilisa Uele, Semisi Tonga and Sosaia Ngalo; Under negotiation:

Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-472-22; 110 North Virginia Avenue; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Robert Diaz; Under negotiation:

Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1049-141-24; 1194 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Adel Batarseh; Under negotiation:

Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1049-141-28; 1100 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Richard S. and Camilla M. Coulter; Under negotiation: Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1049-141-30; 1172 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: David Lanzer; Under negotiation:

Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 0110-131-01, 0110-131-19; 1222, 1210 East Holt Boulevard; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Charles Sabbah; Under negotiation: Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APN: 0110-061-21; 1217 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Kulendra N Rami; Under negotiation: Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-061-24; 1315 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Hideo Kikumoto; Under negotiation:

Price and terms of payment
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 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-061-25; 1241 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Babubhai Prajapati Shashikalaben Premchandbhai Prajapati; Under negotiation: Price and terms of payment  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-061-31; 1253 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Mohammed I. Patel; Under negotiation: Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-131-20; 1228 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Edward and Connie L. Berki; Under negotiation: Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 1048-472-24 and 1048-472-25; 1131 East Holt Boulevard; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Patty Bashoura; Under negotiation: Price and terms of payment  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1049-141-25; 1120 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Pardip Dayaram; Under negotiation:

Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1049-141-31; 1154 East Holt Boulevard; City/Authority Negotiator:

Scott Ochoa or his designee; Negotiating parties: Rexford Industrial; Under negotiation: Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-566-07; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Overland Direct LLC; Wascher INC; Under negotiation: Price and terms of payment
 GC 54957, PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
City Manager
 GC 54957.6, CONFERENCE WITH LABOR NEGOTIATORS
City Negotiator: City Attorney; Unrepresented Employee: City Manager

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:34 p.m. for the regular session. 19 Ontario City Council/Ontario Housing
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Page 4 of 13 ends

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

INVOCATION
Mayor Leon led a moment of silence.

REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.

PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were two written public comments:

Karla B. Canez, regarding volleyball for individuals 18 years of age and under.

David Vargas, regarding homelessness in the City.

Mayor Leon called upon the first speaker:

Stephanie, spoke on local community events.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa made no announcements.

CONSENT CALENDAR
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a 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 February 21, 2023 and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Bills February 24, 2023 through March 2, 2023 in the amount of $17,233.301.21, and Payroll February 12, 2023 through February 25, 2023 in the amount of $4,198,144.15, when audited by the Finance Committee.
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3. APPROVAL OF A PRE-AUTHORIZED LIST OF SOLE-SOURCE VENDORS TO

PROVIDE SPECIAL TAX CONSULTING AND LEGAL SERVICES FOR THE CITY

OF ONTARIO COMMUNITY FACILITIES DISTRICTS
The City Council approved the request for a pre-authorized Sole Source list of vendors for the City's bond financing team for future Community Facility District (CFD) formations and bond issues for a maximum term of two years.

4. ACCEPT AND APPROVE LAW ENFORCEMENT EQUIPMENT GRANT
PROGRAM ADDITIONAL AWARD FOR FISCAL YEAR 2020-21
The City Council authorized 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 Subaccount (ELEAS) Grant for Fiscal Year 2020-21.

5. A DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF21-004) BETWEEN THE CITY OF ONTARIO AND ONTARIO CC 2.0, LLC, FOR FACILITY CONSTRUCTION ASSOCIATED WITH PARCEL MAP NO. 20027, LOCATED

NEAR THE SOUTHWEST CORNER OF HAMNER AVENUE AND RIVERSIDE

DRIVE, WITHIN THE EDENGLEN SPECIFIC PLAN
The City Council approved the Development Impact Fee Credit Agreement (File No.

PDIF21-4) between the City of Ontario and Ontario CC 2.0, LLC, for facility construction associated with Parcel Map No. 20027, located near the southwest corner of Hamner Avenue and Riverside Drive, within the Edenglen Specific Plan, and authorized the City Manager to execute the Agreement.

6. REAL PROPERTY EXCHANGE BETWEEN THE CITY OF ONTARIO AND THE

DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE

CORPORATION
The City Council adopted a Resolution:

A. Declaring certain City-owned real property to be exempt surplus land; B. Approving a real property exchange agreement with the Diocese of San Bernardino Education and Welfare Corporation;
C. Authorizing the City Manager to take all actions necessary with respect thereto; and
D. Finding that no further CEQA analysis is necessary
RESOLUTION NO. 2023-018 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, (I) DECLARING CERTAIN CITY-OWNED REAL PROPERTY TO BE EXEMPT SURPLUS LAND; (II) APPROVING A REAL

PROPERTY EXCHANGE AGREEMENT WITH THE DIOCESE OF SAN
BERNARDINO EDUCATION AND WELFARE CORPORATION; (III) AUTHORIZING 21 Ontario City Council/Ontario Housing
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THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY WITH RESPECT THERETO; AND (IV) FINDING THAT NO FURTHER CEQA ANALYSIS IS NECESSARY.

7. APPLICATION FOR CALIFORNIA OFFICE OF TRAFFIC SAFETY FISCAL YEAR 2023-24 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT The City Council authorized the City Manager, or his designee to execute all documents necessary to apply for and accept a 12-month grant in the amount of $1,015,605 from the California O ce of Trac Safety (OTS) for participation in the FY 2023-24 Selective Trac Enforcement Program (STEP) Grant.

8. AN APPLICATION FOR GRANT FROM CALIFORNIA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM FISCAL YEAR 2023-24 FOR THE AMOUNT OF $291,250.

The City Council authorized the City Manager or his designee to execute all documents necessary to apply for and accept a 12-month grant in the amount of $291,250 from the California Highway Patrol for the Cannabis Tax Fund Grant Program.

9. ACCEPT AND APPROVE AWARD OF OFFICER WELLNESS AND MENTAL HEALTH GRANT FOR FISCAL YEAR 2022-23
The City Council authorized the City Manager or his designee to execute all documents necessary to accept and approved the O cer Wellness and Mental Health Grant Award for Fiscal Year 2022-23.

10. A CONSTRUCTION CONTRACT FOR CITY'S BROADBAND FIBER CONDUIT INSTALLATION WEST RING-SEGMENT 2
The City Council took the following actions:

A. Approved Construction Contract No. BB-2023-001, FY 2022-23 CDBG City Fiber Conduit Installation - West Ring Segment 2 (on file in the Records Management Department), to Servitek Electric, Inc. of Walnut, California, to provide fiber optic conduit installation services in the amount of $731,914 plus a ten percent (10%) contingency of $73,191 for a total authorized expenditure of $805,105; and
B. Authorized the City Manager or designee to execute said contract and 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.
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11. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

ARCHITECTURAL AND DESIGN SERVICES
The City Council ("City") approved and authorized the City Manager to execute a Second Amendment to a Professional Services Agreement with Thirtieth Street Architects, Inc. to increase Agreement by $250,000 for a total not-to-exceed amount of $450,000.

12. AWARD OF A CONSTRUCTION CONTRACT AND AMENDMENT TO THE ON-

CALL PROJECT MANAGEMENT SERVICES AGREEMENT FOR THE JOHN

GALVIN PARK RESTROOM RENOVATION
The City Council took the following actions:

A. Authorized the City Manager or his designee to complete and execute a Construction Contract with JCOS Development, Inc. of Buena Park, California, for the John Galvin Park Restroom Renovation Project in the amount of $1,050,000;
B. Authorized a 10% contingency of $105,000 for the JCOS Development, Inc.

Construction Contract for a total contract value of $1,155,000 to address any unforeseen issues that arise during construction;
C. Authorized the City Manager or his designee to complete and execute Amendment No. 9 to the On-Call Project Management Services Contract with Transtech Engineers, Inc. of Chino, California, for the John Galvin Park Restroom Renovation Project in the amount of $14,073; and D. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

13. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO SETTLEMENT AGREEMENTS WITH WALGREENS CO., WALMART, INC., CVS HEALTH CORPORATION/CVS PHARMACY INC., TEVA PHARMACEUTICAL INDUSTRIALS LTD., AND ALLERGAN FINANCE LLC/ALLERGAN LIMITED,

AGREE TO THE TERMS OF THE STATE-SUBDIVISION AGREEMENTS, AND

AUTHORIZE ENTRY INTO THE STATE-SUBDIVISION AGREEMENTS WITH

THE ATTORNEY GENERAL
The City Council adopted a Resolution authorizing the City Manager to:

A. Opt into a settlement agreement with opioid distributor, Walgreens Co., and directed the City Manager to execute any documents necessary to implement the action.
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B. Opt into settlement agreement with opioid distributor, Walmart, Inc. and directed the City Manager to execute any documents necessary to implement the action.

C. Opt into settlement agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and directed the City Manager to execute any documents necessary to implement the action.

D. Opt into a settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd., and direct the City Manager to execute any documents necessary to implement the action.

E. Opt into settlement agreement with opioid manufacturer, Allergan Finance, LLC/Allergan Limited and direct the City Manager to execute any documents necessary to implement the action.

RESOLUTION NO. 2023-019 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH WALGREENS CO., WALMART, INC., CVS HEALTH CORPORATION/CVS PHARMACY INC., TEVA PHARMACEUTICAL INDUSTRIALS LTD., AND ALLERGAN FINANCE

LLC/ALLERGAN LIMITED, AGREE TO THE TERMS OF THE STATE-

SUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY INTO THE STATE- SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL.

14. LICENSE AND REIMBURSEMENT AGREEMENT WITH ONTARIO AUTO

CENTER DEALERS' ASSOCIATION
The City Council authorized Sta to execute a License and Reimbursement Agreement between the City and the Ontario Auto Center Dealers' Association related to upgrades on two digital signs.

15. A LEASE AGREEMENT BETWEEN THE CITY OF ONTARIO AND GROVE LAND

VENTURE, LLC
The City Council approved a Lease Agreement between the City of Ontario and Grove Land Venture, LLC for the use of property located on the southeast corner of Bon View and Eucalyptus Avenues for a two-year term with the option to extend one additional year.

PUBLIC HEARINGS
Mayor Leon moved Item No. 18 to the beginning of Public Hearings to accommodate speakers.

18. A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING

COMMISSION'S DECISION TO APPROVE THE USE OF AN ADDENDUM TO THE ONTARIO PLAN 2050 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2021070364) AND A DEVELOPMENT PLAN (FILE NO. PDEV21-047) TO CONSTRUCT NINE INDUSTRIAL BUILDINGS 24 Ontario City Council/Ontario Housing
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TOTALING 4,263,454 SQUARE FEET ON 216.36 GROSS ACRES (196.83 NET

ACRES) OF LAND LOCATED EAST OF HAVEN AVENUE, WEST OF

DOUBLEDAY AND DUPONT AVENUES, NORTH OF JURUPA STREET AND

SOUTH OF AIRPORT DRIVE
The City Council considered and adopted a Resolution upholding the Planning Commission’s approval of the use of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364) and Development Plan (File No. PDEV21-047) and deny the appeal.

RESOLUTION NO. 2023-021 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DENYING THE APPEAL, AND UPHOLDING PLANNING COMMISSION RESOLUTION NOS. PC23-007 AND PC23-008 APPROVING THE USE OF THE ADDENDUM TO THE ONTARIO PLAN 2050 SUPPLEMENTAL ENVIRONMENTAL IMPACT AND APPROVING FILE NO.

PDEV21-047, A DEVELOPMENT PLAN TO CONSTRUCT NINE INDUSTRIAL BUILDINGS TOTALING 4,263,454 SQUARE FEET AND ASSOCIATED IMPORVEMENTS ON 216.39 GROSS ACRES (196.83 NET ACRES) OF LAND

LOCATED EAST OF HAVEN AVENUE, WEST OF DOUBLEDAY AND DUPONT

AVENUES, NORTH OF JURUPA STREET AND SOUTH OF AIRPORT DRIVEAND MAKING FINDINGS IN SUPPORT THEREOF.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were forty written communications in opposition of the item.

Scott Owen Marnoy
Porsha L. Heinrich
Michelle Heinrich
Seith Thompson
Alan Davis
Gloria Karimi
Robert J. Holcomb
Laura Jaoui
Marcyn Del Clements
Patty Anis
Anne Stoll
Jean Wei
April D. Chertkow
Jonathan Lebowitz
Jhoneil Centeno
Pete Candler
Berret Oliver
Patricia Gleeson
Catherine Portman
Lesley Handa
Tom Christie
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Jimmy Chertkow
Nina Jane Karnovsky
Lori Galloway
Jonathan Brown
Jacob Ligorria
Kyra Saegusa
Zora Beaty
Suzanne C. Thompson
Dan Silver
Scott Kleinrock
Daniela Perro
Kimberly Dillbeck
Natasha Walton
Katherine Gelsey
Eli Taub
Phillip Duchild
Jasa R. Cocke
Carol Coy
Susan A. Phillips
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.

Executive Director of Community Development, Scott Murphy gave a presentation on the matter.

Mayor Leon then gave representatives of the appellants the opportunity to present their case for 10 minutes. Susanne Thompson, Carol Coy, and Suzane Phillips presented the case for the appellant.

Mayor Leon then called upon the following speakers who spoke in support of the appeal.

Lois Sicking
Sid Thompson
Natasha Walton
Mckayla Prouix
Katherine Gelsey
Angel Daniel-Morales
Rorie Johnson
Andrea Robinowitz, chose not to speak after all.

Mayor Leon called upon the applicant and gave them 10 minutes to present their case.

Bruce McDonald, Travis McGuill, and Lisa Harmon presented the case in opposition to the appeal.

Mayor Leon then called upon the following speakers who spoke in opposition of the appeal.
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Matthew Lee
Thomas Ruiz
Jeff Potter
Ezekiel Cooley
Kent Norton
Mayor Leon then gave Suzanne Phillips five minutes to present a rebuttal to comments presented by the applicant.

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

Council Member Wapner commended all who spoke and added he supported upholding the decision made by the Planning Commission.

Mayor pro Tem Dorst-Porada stated that leaving the last two owls is not safe option. She added that the owls would do better in a new environment.

Council Member Bowman thanked all those who spoke. Stated he wants to relocate the last two birds adding that the birds need to be in the right habitat to ensure their survival.

Council Member Valencia thanked all speakers and added that the property has been vacant for some time and expressed concerns that current issues on the property may cause the remaining owls to pass.

Mayor Leon agreed the remaining owls should be relocated.

MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Dorst-Porada and carried by unanimous 5-0 vote, to adopt Resolution No. 2023-021.

16. A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO

VACATE FERN AVENUE FROM TRANSIT STREET TO EMPORIA STREET The City Council adopted a Resolution approving the vacation of Fern Avenue from Transit Street to Emporia Street.

RESOLUTION NO. 2023-020 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ORDERING THE VACATION OF FERN AVENUE FROM TRANSIT STREET TO EMPORIA STREET.

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 one, Mayor Leon closed the public hearing and opened the item for Council discussion.
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MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Dorst-Porada and carried by unanimous 5-0 vote, to adopt Resolution No. 2023-020.

17. A PUBLIC HEARING TO CONSIDER FILE NO. PUD22-003, A PLANNED UNIT DEVELOPMENT ON 0.11-ACRE OF LAND LOCATED AT 213 NORTH FERN AVENUE
The City Council introduced and waived further reading of an Ordinance to approve File No. PUD22-003, the Fern Townhomes Planned Unit Development, establishing development standards, design guidelines, and infrastructure requirements to facilitate a residential development at 213 North Fern Avenue.

ORDINANCE NO. 3243 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PUD22-003, A PLANNED UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT

STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE
REQUIREMENTS FOR PROPERTY LOCATED AT 213 NORTH FERN AVENUE, WITHIN LUA-3 (HOLT BOULEVARD) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN:
1048-572-06.

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 one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Mayor pro Tem Dorst-Porada, seconded by Council Member Bowman and carried by vote unanimous 5-0 vote, to introduce Ordinance No. 3243.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

19. FISCAL YEAR 2022-23 MID-YEAR BUDGET UPDATE REPORT
A. The City Council approved the budget adjustments and recommendations as presented in the Fiscal Year 2022-23 Mid-Year Budget Update Report (Exhibit A);
B. The City Council adopted a Resolution revising the appropriation limit of the City of Ontario for Fiscal Year 2022-23; and
C. The City Council introduced Ordinance Amending Section 2-1.203 of the Ontario Municipal Code relating to Salary Compensation for the Mayor and City Council.

RESOLUTION NO. 2023-022 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, REVISING THE APPROPRIATION LIMIT OF THE CITY OF ONTARIO FOR FISCAL YEAR 2022-23.
28 Ontario City Council/Ontario Housing
Regular Meeting Minutes – March 21, 2023

Page 13 of 13 ends

ORDINANCE NO. 3244 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2-

1.203 OF THE ONTARIO MUNICIPAL CODE RELATING TO SALARY
COMPENSATION FOR THE MAYOR AND THE CITY COUNCIL.

Mayor Leon inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon opened the item for Council discussion.

Council Member Wapner commended Staff for their work on the budget.

MOTION: Moved by Mayor pro Tem Dorst-Porada, seconded by Council Member Bowman and carried by vote unanimous 5-0 vote, to adopt Resolution No. 2023-022 and introduce Ordinance No. 3244.

STAFF MATTERS
City Manager Ochoa made no comments.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:03 p.m. in memory of Pastor Mike Urciuoli and announced the next regular meeting on April 4, 2023.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
29 Department: Fire Department
Prepared By: Janny Phan
Staff Member Presenting:

Ray Gayk, Fire Chief
Reviewed By: Belinda Negrete
Approved By:

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

AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR HAZARDOUS

MATERIALS COLLECTION AND DISPOSAL

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Operating Budget includes appropriations in the General Fund, Equipment Fund, Water Operating Fund, and Facilities Maintenance Fund for containment, collection, and disposal of hazardous materials. Funding for these services is included in the operating budgets for the Fire Department, Police Department, Public Works Agency, and the Ontario Municipal Utilities Company. This proposed amendment for $406,700 would increase the total not-to-exceed contract amount to $733,598. The recommended agreement would establish labor, materials, and equipment billing rates for the term. Additional funding will be included in Fiscal Year 2023-24 proposed operating budget.

BACKGROUND & ANALYSIS:

The Ontario Fire Department's Hazmat Team routinely responds to calls for services involving the illegal or accidental release of hazardous waste or materials on public property. These incidents require immediate action to contain and dispose of the hazardous materials. Additionally, the City's public household chemical collection center and ﬂeet maintenance program generate materials and waste products that must be disposed of in accordance with State and Federal regulations.

Accordingly, the Public Works Agency and the Ontario Municipal Utilities Company contract for hazardous waste removal services at regular intervals. To address both sets of needs, the various departments utilized a coordinated contracting approach with primary responsibility for contract management residing with the Fire Department.

In December 2019, the City solicited proposals through the City's bid management system. 30 Proposals were based on the type and the level of activity historically experienced. Viable proposals were received from four of the 28 vendors showing interest.

Environmental Logistics, Inc., located in Bloomington, was recommended by a review committee consisting of representatives from various City departments which utilize hazardous materials collection and disposal services. Environmental Logistics (formerly Filter Recycling Inc.) has been contracting with the City since July 2003. The City Departments that have utilized their services over the years have been very satisﬁed with the level of services provided as well as the pricing and the value received.
31 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: 4
SUBJECT:

A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS

CITY OF ONTARIO
Agenda Report
April 18, 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 $82,345.19 in costs that the City has expended for inspection or abatement of property violations, as well as the collection of $47,190.00 associated with civil penalties and/or ﬁnes for continued violations, for a total of $129,535.19 related to 73 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). 32 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 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 146
parcels. Of these, there
are remaining amounts due on 73 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).
33 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
34 WHEREAS, the above said ordinances, resolutions and agreements provide for recovery of costs incurred in the abatement of violations by means of a Special Assessment placed on the tax rolls; and
WHEREAS, the City has incurred costs involved in the abatement of violations under the Ontario Municipal Code and Uniform Code for the Abatement of Dangerous Buildings, issuing Notices of Violation, and administering the Systematic Health and Safety Program and wishes to recover said costs; and
WHEREAS, the owners of all parcels listed in Exhibit A, B, and C were given notice of imposition of such Special Assessment as provided in Ontario Municipal Code Section 1-4.05(a), and either have not requested an appeal, or have exhausted the appellate procedure provided in Ontario Municipal Code Section 1-4.05(b); and WHEREAS, the City has an executed contract with the San Bernardino County Board of Supervisors for collection of said assessments; NOW, THEREFORE, BE IT RESOLVED that the City Council:

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

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

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

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

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

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

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
35 PASSED, APPROVED, AND ADOPTED this 18th day of April 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KRIEGER LLP

CITY ATTORNEY
36 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 April 18, 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 April 18, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
37 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
0108-532-08 1688 E FIFTH ST, Ontario, CA 91764 39,054.92 0108-601-69 1503 N LASSEN AV, Ontario, CA 91764 247.00
0110-071-06 1381 E HOLT BL, Ontario, CA 91761 2,847.00
0110-241-57 1752 E G ST, Ontario, CA 91764 91.00
0110-272-16 1346 E EL MORADO CT, Ontario, CA 91764 48.75 0110-376-13 1874 E PLAZA SERENA ST, Ontario, CA 91764 91.00 0113-564-27 1945 E RIVERSIDE DR, Building:1, Unit:7, Ontario, CA 91761 2,132.86 0211-232-29 4200 E SANTA ANA ST, Unit:B, Ontario, CA 91761 1,584.97 0216-174-07 0 S VINEYARD AV, Ontario, CA 91761 91.00
0216-174-08 0 S VINEYARD AV, Ontario, CA 91761 91.00
0216-391-28 2637 S LASSEN AV, Ontario, CA 91761 91.00
0216-401-61 2570 S VINEYARD AV, Ontario, CA 91761 1,372.26 0218-241-43 10469 E EDISON AV, Ontario, CA 91710 91.00
0218-614-18 3131 E YOSEMITE DR, Ontario, CA 91762 107.00 0218-831-59 2901 E GREENBRIAR DR, Ontario, CA 91761 1,827.00 0218-911-01 2943 E THOROUGHBRED ST, Ontario, CA 91761 307.00 1010-141-09 920 N MOUNTAIN AV, Building:1, Ontario, CA 91762 1,689.94 1010-192-05 930 W H ST, Ontario, CA 91762 1,395.87
1010-534-18 1364 W VESTA ST, Ontario, CA 91762 91.00
1010-552-15 1542 W HOLT BL, Ontario, CA 91762 608.97
1011-382-65 1045 W MISSION BL, Ontario, CA 91762 227.00 1011-421-11 0 S ELDERBERRY AV, Ontario, CA 91762 3,582.00 1011-421-12 0 S ELDERBERRY AV, Ontario, CA 91762 2,982.00 1011-554-56 0 E COMMON AREA, Ontario, CA 91762 91.00
1014-501-18 901 W DEL RANCHO CT, Ontario, CA 91762 91.00 1047-331-06 132 W BONNIE BRAE CT, Ontario, CA 91762 91.00 1048-093-04 622 E FOURTH ST, Ontario, CA 91764 2,183.00 1048-114-18 743 E I ST, Ontario, CA 91764 91.00
1048-292-20 505 W GRANADA CT, Ontario, CA 91762 91.00
1048-392-14 647 E E ST, Building:1, Unit:101, Ontario, CA 91764 5,129.60 1048-431-30 1046 E G ST, Ontario, CA 91764 827.00
1048-566-07 303 N EUCLID AV, Building:1, Ontario, CA 91762 267.00 1048-592-12 535 W VESTA ST, Ontario, CA 91762 7,372.92
1049-092-19 570 E HOLT BL, Ontario, CA 91761 1,599.78
1049-201-07 439 S CAMPUS AV, Ontario, CA 91761 91.00
1049-275-07 210 W PARK ST, Ontario, CA 91762 62.03
1049-303-29 601 S CYPRESS AV, Ontario, CA 91762 62.76
1049-392-04 1030 S GROVE AV, Ontario, CA 91761 148.00
1050-181-03 1175 E FRANCIS ST, Building:1, Ontario, CA 91761 1,569.78 1050-311-10 705 W LOCUST ST, Ontario, CA 91762 91.00
1050-623-03 2020 S VINE AV, Ontario, CA 91762 91.00
1050-624-15 2115 S SAN ANTONIO AV, Ontario, CA 91762 107.00 1051-041-03 527 W PHILADELPHIA ST, Ontario, CA 91762 387.00 1051-051-72 2250 S EUCLID AV, Building:1, Unit:D, Ontario, CA 91762 1,111.78

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
1073-281-39 4692 S SCOTT WY, Ontario, CA 91762 47.00
1083-241-02 2905 E DUNES ST, Ontario, CA 91761 91.00
82,345.19

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
0108-532-08 1688 E FIFTH ST, Ontario, CA 91764 10,000.00 0110-161-19 903 N CALAVERAS AV, Ontario, CA 91764 320.00 0110-376-13 1874 E PLAZA SERENA ST, Ontario, CA 91764 420.00 0216-391-28 2637 S LASSEN AV, Ontario, CA 91761 220.00
0218-111-29 9692 E CHINO AV, Ontario, CA 91761 220.00
0218-202-03 3071 E SILVER SKY DR, Building:, Unit:, Ontario, CA 91762 320.00 0218-483-02 3125 E ARTESSA WY, Ontario, CA 91761 170.00 0218-545-03 3322 S NEWTON AV, Ontario, CA 91761 320.00
0218-714-12 3104 E LAVENDER DR, Ontario, CA 91762 170.00 0238-012-30 5060 E FOURTH ST, Ontario, CA 91764 240.00
1010-151-14 914 W ROSEWOOD CT, Ontario, CA 91762 220.00 1010-534-18 1364 W VESTA ST, Ontario, CA 91762 220.00
1011-122-22 1203 W BROOKS ST, Ontario, CA 91762 340.00
1011-181-11 1118 W MISSION BL, Building:1, Unit:A, Ontario, CA 91762 220.00 1011-581-04 1336 W PHILLIPS ST, Ontario, CA 91762 120.00 1048-091-01 1050 N SULTANA AV, Ontario, CA 91764 320.00 1048-202-06 712 E H ST, Ontario, CA 91764 520.00
1048-321-13 605 W G ST, Ontario, CA 91762 640.00
1048-341-01 636 N VINE AV, Building:1, Ontario, CA 91762 120.00 1048-356-02 635 N EUCLID AV, Ontario, CA 91762 340.00
1048-392-14 647 E E ST, Building:1, Unit:101, Ontario, CA 91764 14,000.00 1048-414-07 832 E G ST, Ontario, CA 91764 220.00
1048-564-02 119 W B ST, Building:1, Ontario, CA 91762 170.00 1048-592-12 535 W VESTA ST, Ontario, CA 91762 100.00
1049-274-01 327 W PARK ST, Ontario, CA 91762 120.00
1049-353-14 901 S SULTANA AV, Building:1, Ontario, CA 91761 120.00 1049-392-04 1030 S GROVE AV, Ontario, CA 91761 500.00
1049-501-02 1125 S SULTANA AV, Ontario, CA 91761 120.00 1049-561-15 1004 S PALM AV, Ontario, CA 91762 220.00
1050-623-03 2020 S VINE AV, Ontario, CA 91762 120.00
1051-041-03 527 W PHILADELPHIA ST, Ontario, CA 91762 40.00 1051-201-27 554 E FAIRFIELD CT, Ontario, CA 91761 120.00 1051-211-65 314 E OAK HILL ST, Ontario, CA 91761 120.00 1053-281-01 7244 E EDISON AV, Ontario, CA 91761 15,000.00 1073-312-07 4572 S CALISTOGA AV, Building:, Unit:, Ontario, CA 91762 120.00 1083-061-05 2633 E RIVERSIDE DR, Ontario, CA 91761 640.00 47,190.00
40 City of Ontario
Community Improvement Department
2023/2024 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
0108-532-08 1688 E FIFTH ST, Ontario, CA 91764 49,054.92 0108-601-69 1503 N LASSEN AV, Ontario, CA 91764 247.00
0110-071-06 1381 E HOLT BL, Ontario, CA 91761 2,847.00
0110-161-19 903 N CALAVERAS AV, Ontario, CA 91764 320.00 0110-241-57 1752 E G ST, Ontario, CA 91764 91.00
0110-272-16 1346 E EL MORADO CT, Ontario, CA 91764 48.75 0110-376-13 1874 E PLAZA SERENA ST, Ontario, CA 91764 511.00 0113-564-27 1945 E RIVERSIDE DR, Building:1, Unit:7, Ontario, CA 91761 2,132.86 0211-232-29 4200 E SANTA ANA ST, Unit:B, Ontario, CA 91761 1,584.97 0216-174-07 0 S VINEYARD AV, Ontario, CA 91761 91.00
0216-174-08 0 S VINEYARD AV, Ontario, CA 91761 91.00
0216-391-28 2637 S LASSEN AV, Ontario, CA 91761 311.00
0216-401-61 2570 S VINEYARD AV, Ontario, CA 91761 1,372.26 0218-111-29 9692 E CHINO AV, Ontario, CA 91761 220.00
0218-202-03 3071 E SILVER SKY DR, Building:, Unit:, Ontario, CA 91762 320.00 0218-241-43 10469 E EDISON AV, Ontario, CA 91710 91.00
0218-483-02 3125 E ARTESSA WY, Ontario, CA 91761 170.00 0218-545-03 3322 S NEWTON AV, Ontario, CA 91761 320.00
0218-614-18 3131 E YOSEMITE DR, Ontario, CA 91762 107.00 0218-714-12 3104 E LAVENDER DR, Ontario, CA 91762 170.00 0218-831-59 2901 E GREENBRIAR DR, Ontario, CA 91761 1,827.00 0218-911-01 2943 E THOROUGHBRED ST, Ontario, CA 91761 307.00 0238-012-30 5060 E FOURTH ST, Ontario, CA 91764 240.00
1010-141-09 920 N MOUNTAIN AV, Building:1, Ontario, CA 91762 1,689.94 1010-151-14 914 W ROSEWOOD CT, Ontario, CA 91762 220.00 1010-192-05 930 W H ST, Ontario, CA 91762 1,395.87
1010-534-18 1364 W VESTA ST, Ontario, CA 91762 311.00
1010-552-15 1542 W HOLT BL, Ontario, CA 91762 608.97
1011-122-22 1203 W BROOKS ST, Ontario, CA 91762 340.00
1011-181-11 1118 W MISSION BL, Building:1, Unit:A, Ontario, CA 91762 220.00 1011-382-65 1045 W MISSION BL, Ontario, CA 91762 227.00 1011-421-11 0 S ELDERBERRY AV, Ontario, CA 91762 3,582.00 1011-421-12 0 S ELDERBERRY AV, Ontario, CA 91762 2,982.00 1011-554-56 0 E COMMON AREA, Ontario, CA 91762 91.00
1011-581-04 1336 W PHILLIPS ST, Ontario, CA 91762 120.00 1014-501-18 901 W DEL RANCHO CT, Ontario, CA 91762 91.00 1047-331-06 132 W BONNIE BRAE CT, Ontario, CA 91762 91.00 1048-091-01 1050 N SULTANA AV, Ontario, CA 91764 320.00 1048-093-04 622 E FOURTH ST, Ontario, CA 91764 2,183.00 1048-114-18 743 E I ST, Ontario, CA 91764 91.00
1048-202-06 712 E H ST, Ontario, CA 91764 520.00
1048-292-20 505 W GRANADA CT, Ontario, CA 91762 91.00
1048-321-13 605 W G ST, Ontario, CA 91762 640.00
1048-341-01 636 N VINE AV, Building:1, Ontario, CA 91762 120.00

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
1048-356-02 635 N EUCLID AV, Ontario, CA 91762 340.00
1048-392-14 647 E E ST, Building:1, Unit:101, Ontario, CA 91764 19,129.60 1048-414-07 832 E G ST, Ontario, CA 91764 220.00
1048-431-30 1046 E G ST, Ontario, CA 91764 827.00
1048-564-02 119 W B ST, Building:1, Ontario, CA 91762 170.00 1048-566-07 303 N EUCLID AV, Building:1, Ontario, CA 91762 267.00 1048-592-12 535 W VESTA ST, Ontario, CA 91762 7,472.92
1049-092-19 570 E HOLT BL, Ontario, CA 91761 1,599.78
1049-201-07 439 S CAMPUS AV, Ontario, CA 91761 91.00
1049-274-01 327 W PARK ST, Ontario, CA 91762 120.00
1049-275-07 210 W PARK ST, Ontario, CA 91762 62.03
1049-303-29 601 S CYPRESS AV, Ontario, CA 91762 62.76
1049-353-14 901 S SULTANA AV, Building:1, Ontario, CA 91761 120.00 1049-392-04 1030 S GROVE AV, Ontario, CA 91761 648.00
1049-501-02 1125 S SULTANA AV, Ontario, CA 91761 120.00 1049-561-15 1004 S PALM AV, Ontario, CA 91762 220.00
1050-181-03 1175 E FRANCIS ST, Building:1, Ontario, CA 91761 1,569.78 1050-311-10 705 W LOCUST ST, Ontario, CA 91762 91.00
1050-623-03 2020 S VINE AV, Ontario, CA 91762 211.00
1050-624-15 2115 S SAN ANTONIO AV, Ontario, CA 91762 107.00 1051-041-03 527 W PHILADELPHIA ST, Ontario, CA 91762 427.00 1051-051-72 2250 S EUCLID AV, Building:1, Unit:D, Ontario, CA 91762 1,111.78 1051-201-27 554 E FAIRFIELD CT, Ontario, CA 91761 120.00 1051-211-65 314 E OAK HILL ST, Ontario, CA 91761 120.00 1053-281-01 7244 E EDISON AV, Ontario, CA 91761 15,000.00 1073-281-39 4692 S SCOTT WY, Ontario, CA 91762 47.00
1073-312-07 4572 S CALISTOGA AV, Building:, Unit:, Ontario, CA 91762 120.00 1083-061-05 2633 E RIVERSIDE DR, Ontario, CA 91761 640.00 1083-241-02 2905 E DUNES ST, Ontario, CA 91761 91.00
73 129,535.19

Page 2 ends

Department: Fleet Services
Prepared By: Manuel Rebolledo
Staff Member Presenting:

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

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

AWARD BID FOR A MAINTENANCE SERVICES AGREEMENT FOR STAND-BY

GENERATOR MAINTENANCE SERVICES AND REPAIRS

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Maintain the Current High Level of Public Safety
FISCAL IMPACT:

The recommended contract award to Global Power Group, Inc. is $375,600 plus a $150,000 contingency, for a total not-to-exceed contract amount of $525,600 over a three-year term. The cost of option year one is $125,200 plus a contingency of $50,000, for a total amount of $175,200. The cost of option year two is $125,200 plus a contingency of $50,000, for a total amount of $175,200. Should the City exercise all two (2) successive one-year extensions, the projected total amount expensed for the ﬁve years would amount to a not-to-exceed contract amount of $876,000.

The Fiscal Year 2022-23 Adopted Budget includes appropriations in the Equipment Service Fund for maintenance and repairs. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the agreement. There is no ﬁscal impact to the General Fund.

BACKGROUND & ANALYSIS:

The City has 27 emergency generators at various locations including City Hall, Municipal Services Center, Police Station, Fire Stations, water well sites, sewage lift station, and portable trailers. Each emergency generator consists of a diesel engine, an electrical generator, and a series of relays and controls. These units are automatically activated when there is a loss of electrical power. Once activated, they provide electricity to operate building systems and equipment that are necessary to provide essential services to the community. This Agreement is for the monthly preventive maintenance and recurring testing that is required to ensure these emergency generators and related systems are a reliable source of back up electric power when needed. 43 The City solicited proposals from vendors in December 2022 for Generator Maintenance and Repair Services. Complete Proposals were received from the following companies through the City’s electronic bid management system in response to Bid No. 1602:

COMPANY

LOCATION
AMOUNT
Global Power Group, Inc.

Lakeside, CA
$626,000.00
Collicutt Energy Services
El Cajon, CA
$891,085.68
Odyssey Power Corporation
Anaheim, CA
$975,468.00
Duthie Power Services
Long Beach, CA
$1,096,518.38

After reviewing the responses, Staff determined that Global Power Group, Inc. submitted a proposal that met all the speciﬁcations required of the Maintenance Services Agreement. Staﬀ recommends an award to Global Power Group, Inc. based on the proposal, credentials, pricing, references, and ability to respond to urgencies in a timely manner.
44 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

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

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

AMENDMENTS TO THE MAINTENANCE SERVICE AGREEMENTS FOR LANDSCAPE

MAINTENANCE SERVICES FOR SPECIFIC CITY-OWNED PROPERTY, PARKWAYS

AND LANDSCAPE MEDIANS THROUGHOUT THE CITY

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council takes the following actions:

A
.

B
.

C
.

Authorize the City Manager or his designee to execute Amendment No. 6, adding two new sites and the turf removal project at Fire Stations 3, 4, 5, 6, 7, and 8, to the Maintenance Services Agreement and (on ﬁle with Records Management) with Brightview Landscape Services, Inc. of Upland, California, for Contract No. PM1617-9 for the landscape maintenance services of certain parkways, fire stations, and landscape medians throughout the City.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The estimated annual base cost for the proposed Agreements are as follows:
(A) The recommended Amendment No. 7 for the addition of one site increases the current authorized contract amount of $510,114 by $1,764. This brings the new total not-to-exceed contract amount to $511,878. Appropriations for the landscape maintenance services at the 45 Housing and Gas Tax funded sites in General, Gas Tax, Ontario Housing Authority, and Housing Asset Funds are included in the Fiscal Year 2023-24 Proposed Budget.

(B) The recommended Amendment No. 5 for the addition of four sites increases the current authorized contract amount of $1,050,893 by $38,861. This brings the new total not-to-exceed contract amount to $1,089,754. Appropriations for the landscape maintenance services at the Former Redevelopment Sites Landscape Services in the Facilities & Parks Maintenance Fund are included in the Fiscal Year 2023-24 Proposed Budget.

(C) The recommended Amendment No. 6 for the addition of two sites increases the authorized contract amount of $2,004,757 by $184,216. This brings the new total not-to-exceed contract amount to $2,188,973. Appropriations for the landscape maintenance services at certain parkways, ﬁre stations, and landscaped medians throughout the City are included in the Facilities & Parks Maintenance Fund in the Fiscal Year 2023-24 Proposed Budget.

BACKGROUND & ANALYSIS:

(A) Housing and Gas Tax Funded Sites

In March 2017, the City solicited proposals for landscape maintenance services for Housing and Gas Tax Funded Sites. Three (3) proposals were received that met the bid criteria and standards necessary to perform the work. Brightview Landscape Services, Inc. located in Upland, California, submitted the lowest proposal that met all the required speciﬁcations. Based on proposal, credentials, pricing and favorable reference checks, the City Council awarded a ﬁve-year Maintenance Services Agreement with Brightview Landscape Services, Inc. for a total not-to-exceed contract amount of $362,316 at its regular City Council meeting on June 20, 2017. On June 7, 2022, the City Council authorized executing two (2) one-year extensions to the Maintenance Services Agreement increasing the authorized contract amount by $147,798 for a current total not-to-exceed contract amount of $510,114. The recommended Amendment No. 7 includes one added site at 905 East Holt increasing the current authorized contract amount by $1,764 for a new total not-to- exceed contract amount of $511,878 over a seven-year period.

(B) Former Redevelopment Properties and Sites

In March 2017, the City solicited proposals for landscape maintenance services for Former Redevelopment Properties and Sites. Three (3) proposals were received that met the bid criteria and standards necessary to perform this work. Brightview Landscape Services, Inc. located in Upland, California, submitted the lowest proposal that met all the required speciﬁcations with base cost and urgency services. Based on proposal, credentials, pricing and favorable reference checks, the City Council awarded a ﬁve-year Maintenance Services Agreement to Brightview Landscape Services, Inc. at its regular City Council meeting on June 20, 2017. The recommended Amendment No. 5 includes four added sites at West C Street, East Airport 4th St /Via Piemonte lots and D Street temporary parking lot increasing the current authorized contract amount by $38,861 for a new total not-to-exceed contract amount of $1,089,754 over a seven-year period.

46 (C) Parkway, Fire Stations and Medians

In March 2017, the City solicited proposals for landscape maintenance services for Parkway, Fire Stations and Medians. Three (3) proposals were received that met the bid criteria and standards necessary to perform this work. Brightview Landscape Services, Inc. located in Upland, California, submitted the lowest proposal that met all the required speciﬁcations with base cost and urgency services. Based on proposal, credentials, pricing and favorable reference checks, the City Council awarded a ﬁve-year Maintenance Services Agreement to Brightview Landscape Services, Inc. at its regular City Council meeting on June 20, 2017. The recommended Amendment No. 6 includes two added sites from Benson to Mountain on G Street and Mission Blvd and the Fire Station turf removal project increasing the current authorized contract amount by $184,216 for a new total not- to-exceed contract amount of $2,188,973 over a seven-year period.

47 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

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

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

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR QUIET HOMES AND ONTARIO RANCH WEED

ABATEMENT

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council takes the following actions:

A
.

B
.

Authorize the City Manager or his designee to execute Amendment No. 1, adding one newly acquired area for Ontario Ranch Weed Abatement and exercising the optional two (2) one- year extensions, to the existing Maintenance Services Agreement (on ﬁle with Records Management) with DW Landscape, Inc. of Upland, California, for Contract No. PM1920-7.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The recommended amended costs for the proposed Amendments are as follows:

(A) The cost of option year one to the Maintenance Services Agreement is $131,628 plus $4,920 for urgency services for a total not-to-exceed amount of $136,548. The cost of option year two to the Maintenance Services Agreement is $134,232 plus $4,920 for urgency services for a total not-to- exceed amount of $139,152. Exercising both option years increases the current authorized contract amount of $579,574 by $275,700 for a new total not-to-exceed contract amount of $855,274.

Appropriations for the maintenance cost for landscape services are included in the Fiscal Year 2023- 24 Proposed Budget.

48 (B) The cost of option year one to the Maintenance Services Agreement is $120,624 plus $5,280 for urgency services for a total not-to-exceed amount of $125,904. The cost of option year two to the Maintenance Services Agreement is $120,624 plus $5,280 for urgency services for a total not-to- exceed amount of $125,904. Exercising both option years increases the current authorized contract amount of $332,640 by $251,808 for a new total not-to-exceed contract amount of $584,448 from July 1, 2023, through June 30, 2025. Appropriations for the maintenance cost for landscape services in the General Fund are included in the Fiscal Year 2023-24 Proposed Budget.

BACKGROUND & ANALYSIS:

(A) Quiet Home Sites

In February 2018, the City solicited proposals for landscape maintenance services for Quiet Home sites. Of the ﬁve proposals received, three proposals met the bid criteria and standards necessary to perform the work and two were deemed non-responsive.

VENDOR

LOCATION
AMOUNT
DW Landscape, Inc.

Upland, CA
$98,400
Brightview Landscape Services

Fontana, CA
$103,804
Priority Landscape Services, LLC

Brea, CA
$187,740
Fire Star Landscaping *

Ontario, CA
N/A
Lawnscapes Systems, Inc. *

Montclair, CA
N/A

* Bid proposals was incomplete and therefore deemed non-responsive.

DW Landscape, Inc. located in Upland, California, submitted a proposal that met all the required speciﬁcations with base cost and urgency services for a ﬁve-year total of $516,600. Based on proposal, credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to DW Landscape, Inc. The recommended Amendment No. 2 includes eight newly added sites on Holt Blvd, State Street, and Bon View Avenue, for a total of $275,500, bringing the new total not-to-exceed contract amount to $855,274.

(B) Ontario Ranch Weed Abatement

In March 2020, the City solicited proposals for landscape maintenance services for Ontario Ranch Weed Abatement. Six proposals were received that met the bid criteria and standards necessary to perform the work.

49 VENDOR

LOCATION
AMOUNT
DW Landscape, Inc.

Upland, CA
$105,600
QSI

Anaheim, CA
$133,920
SoCal Land

Anaheim, CA
$187,740
Priority Landscape Services, LLC

Brea, CA
$159,060
Nieves Landscape, Inc.

Santa Ana, CA
$159,060
Brightview Landscape Services

Upland, CA
$196,396

DW Landscape, Inc. located in Upland, California submitted a proposal that met all the required speciﬁcations with base cost and urgency services for a ﬁve-year total $332,640. Based on proposal, credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to DW Landscape, Inc. The recommended Amendment No. 1 includes a newly added site at the Grand Park surrounding parkways for $10,800 per year, bringing the new total not-to-exceed contract amount to $584,448. Exercising the option years will allow the City to limit the potential for higher yearly increases to the bid amounts, avoid the costs of re-bidding the contract annually, provide service continuity, and project future costs.

50 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

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

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

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR PARKWAYS IN THE ONTARIO RANCH AREA

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The cost of option year one to the Maintenance Services Agreement is $441,005 plus $12,240 for urgency services for a total not-to-exceed amount of $453,245. The cost of option year two to the Maintenance Services Agreement is $445,805 plus $12,240 for urgency services for a total not-to-exceed amount of $458,045. Exercising both option years increases the current authorized contract amount of $640,209 by $911,290, for a new total not-to-exceed contract amount of $1,551,499. Appropriations for the landscape maintenance services in the General Fund are included in the Fiscal Year 2023-24 Proposed Budget.

BACKGROUND & ANALYSIS:

The City is responsible for landscape maintenance of public parkway and medians throughout the Ontario Ranch area. The City recently accepted ﬁve new Community Facilities District (CFD) areas. The ﬁrst area is a new pedestrian walking trail along the Cucamonga Creek channel between Eucalyptus and Merrill on the west side of Archibald Avenue parkway totaling 49,488 square feet. The second area is a new pedestrian walking trail along the Cucamonga Creek channel south of Merrill to the end of the project area west of the Colony Commerce Center totaling 44,891 square feet. The third location is on Hellman Ave westside from Merrill to Eucalyptus and on Merrill northside west of Hellman, Eucalyptus Ave southside west of Hellman totaling 99,557 square feet. The fourth location is on the 3400 block of East Merrill Ave northside to 51 Haven totaling 70,142 square feet. The ﬁfth location is on Archibald west side from north of Parkview to Merrill and on Merrill west of Archibald to the Cucamonga Creek channel totaling 107,779 square feet.

On May 19, 2020, the City Council awarded a three-year Maintenance Services Agreement with Merchants Landscape Services, Inc. for landscape maintenance services for Park Place in the Ontario Ranch area. The recommended Amendment No. 5 increases the current authorized contract amount of $640,209 by $911,290 to a new total not-to-exceed contract amount of $1,551,499 over a ﬁve-year period. Exercising the option years will allow the City to limit the potential for higher yearly increases to the bid amounts, avoid the costs of re-bidding the contract annually, provide service continuity, and project future costs. 52 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

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

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

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR CELEBRATION NORTH AND SOUTH PARKS

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The cost of option year one to the Maintenance Services Agreement is $138,486 plus $13,190 for urgency services for a total not-to-exceed amount of $151,676. The cost of option year two to the Maintenance Services Agreement is $145,411 plus $13,190 for urgency services for a total not-to-exceed amount of $158,601. Exercising both option years increases the current authorized contract amount of $725,410 by $310,277 for a new total not-to-exceed contract amount to $1,035,687 from July 1, 2023, through June 30, 2025. Appropriations for the maintenance cost for Celebration North and South Parks landscape services in the General Fund are included in the Fiscal Year 2023-24 Proposed Budget.

BACKGROUND & ANALYSIS:

In March 2018, the City solicited proposals for landscape maintenance services for Celebration North and South Parks. Three proposals were received that met the bid criteria and standards necessary to perform the work; and two were deemed non-responsive.

VENDOR

LOCATION
AMOUNT
Priority Landscape Services,
LLC
Brea, CA
$131,892
53 SoCal Land

Anaheim, CA
$140,400
Brightview Landscape Services

Fontana, CA
$155,964

Priority Landscape Services, LLC located in Brea, California, submitted a proposal that met all the required speciﬁcations with a base cost and urgency services for a ﬁve-year total of $725,410.

Based on proposal, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Priority Landscape Services, LLC. The recommended Amendment No. 1 of $310,277 would bring the new total not-to-exceed contract amount to $1,035,687. Exercising the option years will allow the City to limit the potential for higher yearly increases to the bid amounts, avoid the costs of re-bidding the contract annually, provide service continuity, and project future costs.
54 Department: Fleet Services
Prepared By: Manuel Rebolledo
Staff Member Presenting:

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

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

AUTHORIZE THE PURCHASE OF GASOLINE AND DIESEL FUEL

CITY OF ONTARIO
Agenda Report
April 18, 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 FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriations of $2,000,000 to procure fuel and oil for the City’s equipment ﬂeet under the Fleet Services expenditures.

Appropriations of $2,090,000 are included in the Fiscal Year 2023-24 Proposed Budget. The estimated cost for Fiscal Year 2024-25 will be $2,299,000. The estimated cost for Fiscal Year 2025-26 will be $2,528,900. The estimated cost for Fiscal Year 2026-27 will be $2,781,790. Pricing will be based on the awarded contract between the County of San Bernardino and Nuckles Oil Company, DBA Merit Oil Company, and shall not exceed the total contract amount of $11,699,690.

BACKGROUND & ANALYSIS:

On December 22, 2021, the County of San Bernardino solicited proposals for the purchase of gasoline and diesel fuel. Nuckles Oil Company, DBA Merit Oil Company, was awarded a five-year contract by the County of San Bernardino on June 15, 2022.

This cooperative purchasing opportunity will allow the City to pool its procurement power with another public agency to obtain prices lower than would otherwise be possible. The Ontario Municipal Code Section 2-6.11(b)(3) allows for the purchase of supplies and equipment through cooperative purchasing when another governmental agency generally follows the provisions of Government Code Sections 54201 through 54204, which the County of San Bernardino did. Actual costs will be based upon the quantities and types of fuel purchased, but will remain within the City Council approved appropriations limit.
55 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

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

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

AN AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH SAFE USA, INC. FOR

CRACK SEALING SERVICES

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The recommended Amendment No. 1 increases the current authorized contract amount of $321,300 by $286,200. The base cost of option year one to the Construction Agreement is $138,000 plus $5,100 for urgency services, for a total not-to-exceed amount of $143,100. The base cost of option year two to the Construction Agreement is $138,000 plus $5,100 for urgency services for a total not-to-exceed amount of $143,100. This brings the new total not-to-exceed contract amount to $607,500 over a ﬁve-year period. Appropriations for citywide street sweeping maintenance cost in the Gas Tax Fund are included in the Fiscal Year 2023-24 Proposed Budget.

BACKGROUND & ANALYSIS:

In January 2020, the City solicited bids for Contract No. SM1920-5 for crack sealing services citywide. Five bids were received. Four bids met the bid criteria and standards necessary to perform this work and one was deemed non-responsive. The proposed base cost ranged from $306,000 to $630,000.

VENDOR

LOCATION
AMOUNT
Safe USA, Inc.

Ontario, CA
$306,000
Hardy & Harper
Lake Forest, CA
$387,000
Carter Enterprises
Costa Mesa, CA
$495,000
56 Roy Allan Slurry
Santa Fe Springs, CA
$630,000
*Global Road Sealing, Inc.

Garden Grove, CA
N/A

*Bid Proposal was incomplete and therefore deemed non-responsive

Safe USA, Inc. located in Ontario, California, submitted the lowest bid that met all the required speciﬁcations with a base cost and urgency services for a three-year total of $321,300. Based on their bid, credentials, pricing and favorable reference checks, the City Council awarded a Construction Agreement to Safe USA, Inc. The recommended Amendment No. 1 would bring the total not-to-exceed contract amount to $607,500 over a ﬁve-year period. Exercising the option years will allow the City to limit the potential for higher yearly increases to the bid amounts, avoid the costs of rebidding the contract annually, provide service continuity, and project future costs. 57 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

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

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

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE

STREET SWEEPING SERVICES

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute Amendment No. 5, adding new streets in Ontario Ranch, to the Maintenance Services Agreement (on ﬁle with Records Management) with Sweeping Corp of America, of Gardena, California, for Contract No. SM1617-2.

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 proposed Amendment No. 5 to the Maintenance Services Agreement to add new streets in Ontario Ranch would require an increase in appropriations of $11,000 to the current authorized contract amount of $8,744,465 for a new total not-to-exceed contract amount of $8,755,465. Appropriations for citywide street sweeping maintenance cost in the Integrated Waste Fund will be included in the Fiscal Year 2023-24 Proposed Budget.

BACKGROUND & ANALYSIS:

On May 16, 2017, the City Council authorized executing a ﬁve-year Maintenance Services Agreement with Cleanstreet, Inc. for citywide street sweeping services. In September of 2020, Cleanstreet, Inc. oﬃcially changed its name to Sweeping Corp of America. The goal of the street sweeping program is to provide economical services that sustain and restore City streets to maintain a clean and safe environment. Debris that gets collected in the gutter can block stormwater facilities and can cause ﬂooding during heavy rains. Street sweeping is an essential service that removes debris from the streets and keeps pollutants from entering the City’s storm drains and waterways. Street sweeping is a requirement of the state and federal National Pollutant Discharge Elimination System (NPDES) and the City’s Municipal Separate Storm Sewer System (MS4) permit.
58 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

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

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

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE

TREE MAINTENANCE SERVICES

CITY OF ONTARIO
Agenda Report
April 18, 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. 13 increases the current authorized contract amount of $9,439,329 by $2,810,037. This brings the total not-to-exceed contract amount to $12,249,366. The Fiscal Year 2022-23 Adopted Budget includes appropriations of $543,264 in the General Fund. Appropriations for the tree maintenance services in the General Fund are included in the Fiscal Year 2023-24 Proposed Budget.

BACKGROUND & ANALYSIS:

The City is responsible for the maintenance of approximately 72,000 trees throughout the City on parkways, parks, and medians. On June 17, 2014, the City Council authorized executing a three-year Maintenance Services Agreement, including seven optional annual extensions, with West Coast Arborists, Inc., for citywide tree maintenance services. The Agreement includes tree trimming, tree and stump removal, tree planting, and 24-hour on-call emergency services. The City utilizes a ﬁve-year planned grid-trimming cycle throughout the City in order to reduce emergency and service request responses and minimize risk to the city due to tree or limb failures.

The additional citywide tree maintenance services include a 2.5% contract price increase, extra grid pruning based on tree species, yearly palm tree trimming, citywide tree removals, Active Transportation Program watering of 962 trees, citywide tree inventory updates, and tree services at Whispering Lakes Golf Course, for a total amount of $2,810,037. The recommended Amendment No. 13 would increase the current authorized contract amount from $9,439,329 to a new total not- 59 to-exceed contract amount of $12,249,366. Appropriations for the tree maintenance services in the General Fund are included in the Fiscal Year 2023-24 Proposed Budget.

Exercising the option years will allow the City to limit the potential for higher yearly increases to the bid amounts, avoid the costs of re-bidding the contract annually, provide service continuity, and project future costs
60 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

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

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

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR PARKWAYS AND MEDIANS IN THE ONTARIO

RANCH AREA

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The current total not-to-exceed authorization for the Maintenance Services agreement is $1,085,670 with $34,920 for urgency services, for a total not-to-exceed contract amount of $1,120,590.

The recommended Amendment No. 3 increases the current authorized contract amount by $75,024 for a total of $1,160,694 for Fiscal Year 2023-24. The total contract amount, including urgency services, is an amount not-to-exceed $1,195,614. Appropriations for the maintenance cost for landscape maintenance services in the General Fund are included in the Fiscal Year 2023-24 Proposed Budget.

BACKGROUND & ANALYSIS:

The City is responsible for the landscape maintenance of public parkway and medians throughout the Ontario Ranch area. On July 1, 2021, the City Council authorized executing a three-year Maintenance Services Agreement with Greentech Landscape, Inc. for landscape maintenance services for parkway and medians in the Ontario Ranch area. The City recently accepted ﬁve new CFD areas in the Ontario Ranch Area that include the following parkways and/or medians: South Haven, Klassen and Oakville, Turner south of Ontario Ranch Road, Hamner and Eucalyptus, and the northwest corner of Haven and Ontario Ranch Road. The current total not-to-exceed authorization for the Maintenance Services agreement is $1,085,670 plus $34,920 for urgency services, for a total not-to- exceed contract amount of $1,120,590. The proposed Amendment to add $75,024 will increase the contract amount to $1,160,694, for a new total not-to-exceed contract amount of $1,195,614. 61 Department: Fleet Services
Prepared By: Manuel Rebolledo
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Vanny Khu, Andrea
Ampig
Approved By:

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

AUTHORIZE VENDORS FOR FLEET VEHICLE EQUIPPING

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2023-24 Proposed Budget will include appropriations in the amount of $500,000 for the purchase and installation of electronics and equipment for ﬂeet vehicles. The estimated cost for services for Fiscal Year 2024-2026 shall not exceed $500,000 per year. The proposed total authorized contract amount will be an amount not-to-exceed $1,500,000 for the purchase and installation of electronics and equipment for ﬂeet vehicles consistent with future budgets approved by the City Council.

BACKGROUND & ANALYSIS:

On February 20, 2018, the City Council approved 10-8 Retroﬁt of Ontario, California, as an authorized vendor for current and future purchases and installation of electronics and equipment in ﬂeet vehicles. The size of the City of Ontario’s ﬂeet has grown signiﬁcantly since 2018 which necessitates the need to continue the authorization of 10-8 as an approved vendor to improve the eﬃciency of getting vehicles outﬁtted and ready to serve the community. Fleet Services, Fire Department, and Police Department staﬀ have identiﬁed 10-8 Retroﬁt of Ontario, California, as a suitable vendor for equipping vehicles due to their reputations in the industry for the specialized work they perform as well as being factory authorized dealers for the equipment they provide and install. The pricing and quality of workmanship is very competitive in the industry they service.
62 Department: Development Administration
Prepared By: Jessica
Ban
Staff Member Presenting:

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

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

A DEVELOPMENT IMPACT FEE CREDIT AND REIMBURSEMENT AGREEMENT (FILE NO. PDIF22-003) BETWEEN THE CITY OF ONTARIO AND DUKE REALTY STATE

STREET LP, FOR FACILITY CONSTRUCTION ASSOCIATED WITH DEVELOPMENT PLAN (FILE NO. PDEV22-010), LOCATED AT 316 SOUTH BON VIEW AVENUE,

WITHIN THE IG (GENERAL INDUSTRIAL) ZONING DISTRICT

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Development Plan (File No. PDEV22-010) and related Conditions of Approval (COA) require Duke Realty State Street LP (“Developer”) to construct water infrastructure improvements with an estimated cost of $1,164,920. The proposed Development Impact Fee ("DIF") Credit and Reimbursement Agreement (“Agreement”) deﬁnes the amount of DIF Reimbursement that the Developer may be eligible to receive upon completion of the infrastructure improvements in the Regional Water DIF category. The Developer is conditioned to construct water infrastructure improvements on State Street and Campus Avenue that are included in the City’s DIF Program, Original Model Colony ("OMC") Regional Water category (DIF Project No. WT-004), and on Bon View Avenue, which will be proposed as part of the City's Capital Improvement Program for the 2023-24 Fiscal Year.

Upon completion of the infrastructure improvements, a Quarterly Budget Update Report shall be presented to the City Council for consideration to include appropriations estimated at $742,200 63 from the OMC Regional Water Fund (Fund 4318) and $375,500 from the Water Enterprise Fund (Fund 5011), to reimburse Developer for the infrastructure improvements. The ﬁnal reimbursement amount shall be determined by the Ontario Municipal Utilities Company (OMUC) and the City’s Engineering Department upon review and approval of the actual eligible costs for the infrastructure improvements. The Developer’s total reimbursement shall not exceed the approved actual eligible costs as prescribed in the Agreement, which shall have no impact or obligation on the City’s General Fund.

BACKGROUND & ANALYSIS:

On January 24, 2023, the Planning Commission adopted Resolution No. PC23-003, approving the Development Plan to construct a 336,761 square foot industrial building on 16.39 acres of land for property, located at 316 South Bon View Avenue, within the IG (General Industrial) zoning district.

Per the Development Plan and COA, the Developer is required to construct DIF Program water infrastructure to serve the property. Improvements include the installation of water facilities generally located on State Street, Campus Avenue, and Bon View Avenue.

Pursuant to the City's adopted DIF Credit and Reimbursement policies, construction of DIF Program facilities requires the Developer and the City to enter into a DIF Credit and Reimbursement Agreement, which speciﬁes the infrastructure to be constructed by the Developer and includes an estimate of the maximum DIF Reimbursement that may be applied in the applicable Regional/Local DIF categories. Since the maximum eligible costs in the Agreement for the required infrastructure exceeds the Developer's DIF obligation, the Developer is also eligible to receive DIF Reimbursement under the proposed Agreement.

The proposed Agreement complies with the City's DIF policies and conforms with the approved Development Plan and associated COA. Under the provisions of the City's DIF Program, the City Manager is authorized to execute this Agreement upon approval by the City Council.

64 Department: Municipal Services
Prepared By: Adrian Escamilla
Staff Member Presenting:

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

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

AWARD OF A CONSTRUCTION CONTRACT FOR THE DE ANZA COMMUNITY

CENTER ROOF RESTORATION PROJECT

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize a 10% contingency of $42,086 for a not-to-exceed contract value of $462,944 to address any unforeseen issues that may arise during construction; and C
.

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 proposed contract amount for the roof restoration at De Anza Community Center project is $420,858. Staﬀ is requesting a 10% contingency for a total contract amount of $462,944. The Fiscal Year 2022-23 Adopted Budget includes appropriations in the Capital Projects Fund for this project.

BACKGROUND & ANALYSIS:

The roof at the De Anza Community Center has required increased maintenance due to deterioration. The recommended restoration process consists of a base coat application, energy-eﬃcient “Cool Roof” that meets California Title 24 speciﬁcations. The new roof restoration system will provide better drainage, faster evaporation, and lower roof-top temperatures, thus increasing life expectancy. Additionally, by reducing roof-top temperatures, this system decreases interior building temperatures, resulting in reduced air conditioning and energy needs.
65 On March 3, 2023, eight (8) bids were received for the De Anza Community Center Roof Restoration Project. The bid results are listed below:

Vendor
Location
Amount
Rite-Way Roof Corporation

Fontana, CA
$420,858
Letner Roofing Company
Orange, CA
$487,300
Chapman Coast Roof Co., Inc.

Fullerton, CA
$555,402
4 Seasons Roofing, Inc.

Montebello, CA
$569,870
FC and Sons Roofing, Inc.

Bell Gardens, CA
$583,418
Universal Coatings, Inc.

Fresno, CA
$590,000
Commercial Roofing Systems,
Inc.

Fullerton, CA
$627,665
C.I. Services, Inc.

Mission Viejo, CA
$652,200

Rite-Way Roof Corporation, located in Fontana, California, submitted the lowest responsible bid that met all the required speciﬁcations with a cost of $420,858. Based on credentials, pricing, and favorable reference checks, Staﬀ recommends awarding Construction Contract No. D&C22-013 to Rite-Way Roof Corporation. The estimated completion date for this project is June 2023. 66 Department: Planning
Prepared By: Robert Morales
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

A PUBLIC HEARING TO CONSIDER AMENDING THE ZONING DESIGNATIONS ON 107 PROPERTIES LOCATED THROUGHOUT THE CITY

CITY OF ONTARIO
Agenda Report
April 18, 2023
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council consider:

A
.

Adoption of a Resolution approving the use of an Addendum to The Ontario Plan 2050 (TOP 2050) Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364); B
.

Introduction and waiver of further reading of an Ordinance approving a Zone Change (File No. PZC22-001) amending the zoning designations on 107 properties located citywide to make the Official Zoning Map consistent with TOP 2050 Land Use Plan (Exhibit LU-01); 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
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

No ﬁscal impacts are anticipated with the adoption of the Zone Change application. Any potential long-term ﬁscal impact and anticipated expenditures to the City would be offset by development impact fees and property tax revenues from the future development.

BACKGROUND & ANALYSIS:

On August 16, 2022, the City Council adopted The Ontario Plan 2050 (“TOP 2050”), which updated the City’s Policy Plan (General Plan), establishing the land use pattern for the City to achieve its Vision. TOP 2050 focused on technical updates to the Policy Plan to comply with State housing mandates and conform with new State laws related to community 67 health, environmental justice, climate adaption, resiliency, and mobility. After the adoption of TOP 2050, staﬀ initiated the City zoning consistency project to ensure that the Zoning Map is consistent with TOP 2050 Policy Plan Official Land Use Plan, as required by Government Code Section 65860.

Zoning Map Amendment:

To implement the goals of the Policy Plan (including the 2021-2029 Housing Element), staﬀ has identiﬁed 107 parcels that require to be rezoned. As part of TOP 2050 Policy Plan update, the City adopted additional mixed-use land use designations in special areas of the City, including the northeast corner of Mountain Avenue and Fourth Street, the northeast corner of Mountain Avenue and Holt Boulevard, the northwest corner of Euclid Avenue and Walnut Street, and the southeast corner of Turner Avenue and Old Guasti Road. Other key sites include Holt Boulevard, between Sultana Avenue and Campus Avenue, and the northeast and northwest corners of the Holt Boulevard and Imperial Avenue intersection. These areas are currently zoned for non-residential land uses, such as commercial or industrial, but were identiﬁed as areas to include residential land uses because of its accessibility to future bus rapid transit. Other non- mixed-use sites will require zone changes as well, to ensure that the City meets its 2021-2029 Regional Housing Needs Assessment (RHNA) obligation to add additional residential capacity and have an inventory of sites suitable to accommodate the City’s housing need based on the updated land use designations adopted as part of TOP 2050.

The following Zoning Map amendments will establish consistency with the Policy Plan Component of TOP and include:

AREA A1
- Rezoning six parcels from LDR-5 (Low-Density Residential – 2.1 to 5.0 du/ac) to MDR-18 (Medium Density Residential – 11.1 to 18.0 du/ac) to be consistent with TOP Medium Density Residential Land Use Designation. Aﬀected properties include APNs: 1008-551- 01,1008-551-13, 1008-551-12 ,1008-551-11, and 1008-561-06 (See Exhibit A, Area A1); AREA A2
-
Rezoning ﬁve parcels from CN (Neighborhood Commercial 0.40 FAR) to MU-8B (Mountain/Fourth Mixed Use) to be consistent with TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Aﬀected properties include APNs 1008-522-04, 1008-522-011, 1008-522-02, 1008-522-03, and 1008-513-16 (See Exhibit A, Area A2); AREA
B
-
Rezoning one parcel from LDR-5 (Low-Density Residential – 2.1 to 5.0 du/ac) to HDR- 45 (High-Density Residential – 25.1 to 45.0 du/ac) to be consistent with TOP High-Density Land Use Designation. Affected property is APN 1008-441-01 (See Exhibit A, Area B); AREA C1
-
Rezoning two parcels from CC (Community Commercial (0.40 FAR)) to MU-8C (West Holt Mixed Use) to be consistent with TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Aﬀected properties include APNs 1010-502-08 and 1010-502-09 (See Exhibit A, Area C1);
AREA C2
-
Rezoning six parcels from MDR-25 (Medium-High Density Residential) to HDR-45 (High-Density Residential) to be consistent with TOP High-Density Land Use Designation.

Aﬀected properties include APNs 1048-604-13, 1048-604-14, 1048-604-15, 1010-491-16, 1010- 491-02, and 1010-491-03 (See Exhibit A, Area C2);
AREA C3
-
Rezoning six parcels from CIV (Civic) to MU-1 (Mixed Use – Downtown) to be consistent with TOP Mixed Use – Downtown Land Use Designation. Aﬀected properties include APNs 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, and 1048- 556-14 (See Exhibit A, Area C3);
68 AREA C5
-
Rezoning 47 parcels from CN (Neighborhood Commercial (0.40 FAR)) to MU-1 (Mixed Use – Downtown) to be consistent with TOP Mixed Use – Downtown Land Use Designation. Aﬀected properties include APNs 1048-525-12, 1049-094-07, 1049-094-10, 1049- 094-08, 1049-094-09, 1048-525-14, 1048-525-13, 1048-525-15, 1048-523-15, 1048-523-16, 1048-523-18, 1048-522-08, 1048-522-09, 1048-522-10, 1048-522-11, 1048-524-14, 1048-524- 15, 1048-524-16, 1048-524-17, 1048-525-16, 1048-525-17, 1048-525-18, 1048-525-19, 1048- 525-20, 1048-523-17, 1049-094-04, 1049-094-14, 1049-094-02, 1049-094-01, 1049-093-10, 1049-093-09, 1049-093-07, 1049-093-06, 1049-093-04, 1049-093-03, 1049-093-02, 1049-093- 01, 1049-091-04, 1049-091-03, 1049-091-02, 1049-091-01, 1049-094-13, 1049-094-05, 1049- 094-11, 1049-094-06, 1049-093-08, and 1049-093-05 (See Exhibit A, Area C5); AREA D2
-
Rezoning seven parcels from BP (Business Park (0.60 FAR)) to MU-6 (East Holt Mixed Use) to be consistent with TOP Mixed Use – Holt Land Use Designation. Aﬀected properties include APNs 0110-061-01, 0110-071-01, 0110-071-02, 0110-071-06, 0110-071-07, 0110-072-10, and 0110-072-11 (See Exhibit A, Area D2);
AREA E1
-
Rezoning three parcels from CN (Neighborhood Commercial 0.40 FAR) to HDR-45 (High-Density Residential – 25.1 to 45.0 du/ac) to be consistent with TOP High-Density Land Use Designation. Aﬀected properties include APNs 1050-272-01, 1050-272-20, and 1050-272- 21 (See Exhibit A, Area E1);
AREA E2
-
Rezoning one parcel from CN (Neighborhood Commercial 0.40 FAR) to MU-8D (Euclid/Frances Mixed Use) to be consistent with TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Affected property is APN 1050-284-01; AREA E3
- Rezoning:

Fifteen (15) parcels from LDR-5 (Low-Density Residential – 2.1 to 5.0 du/ac) to MU-8E (Euclid/Walnut Mixed Use) to be consistent with TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Aﬀected properties include APNs 1051-221-07, 1051-221-08, 1051-221-09, 1051-221-10, 1051-221-11, 1051-221-12, 1051-221-13, 1051-221-14, 1051- 221-15, 1051-221-16, 1051-222-08, 1051-222-09, 1051-222-10, 1051-222-11, and 1051- 222-12 (See Exhibit A, Area E3);
Six parcels from CC (Community Commercial (0.40 FAR)) to MU-8E (Euclid/Walnut Mixed Use) to be consistent with TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Aﬀected properties include APNs 1051-221-20, 1051-222-01, 1051-222-13, 1051-271-06, 1051-271-66, and 1051-271-67 (See Exhibit A, Area E3); and AREA F1
-
Rezoning two parcels from OH (High-Intensity Oﬃce) to MU-3 (Centrelake Southwest Mixed Use) to be consistent with TOP Mixed Use – Guasti Land Use Designation.

Affected properties include APNs 0210-551-02 and 0210-551-03 (See Exhibit A, Area F1).

O
n March 28, 2023, the Planning Commission conducted a public hearing to consider the proposed Zone Change, consistent with TOP 2050 Update Land Use Plan adopted on August 16, 2022. During the public hearing, staﬀ provided an overview of the 107 aﬀected properties, consolidated into seven areas for presentation purposes, and expressed that the changes were to support mixed use, meet RHNA housing requirements, and address underutilized properties along the Holt Boulevard Bus Rapid Transit (BRT) route. Following Staﬀ’s presentation, twelve neighborhood residents spoke in opposition to the proposed zone change for Area A1, located along south side of 5 th
Street
69 between Helen Avenue and Elderberry Court, and Area C2, located along the north side of Holt Boulevard between San Antonio Avenue and Boulder Avenue. Concerns expressed by residents included an increase in traﬃc, future project parking spill over into the neighborhoods, and lack of privacy with development of higher density residential adjacent to single family homes. After much deliberation, the Planning Commission concluded the hearing and voted unanimously (6-0) recommending the City Council approve the zone changes.

While the action by the Planning Commission provides for consistency with TOP, the Planning Commission recommends that the City Council consider whether the current zoning designation should be preserved for Areas A1 and C2 in light of the public comments.

In the case of Area A1, the existing zoning is LDR-5 (Low Density Residential – 2.1 to 5.0 du/ac) and
the area is developed with two single family residences and three churches. The residents were concerned that the proposed MDR-18 (Medium Density Residential – 11.1 to 18.0 du/ac) density
would result in increased traﬃc in the area, especially on (1) Fifth Street, which is impacted by traﬃc from Walmart, (2) the existing multi-family development on the north side of Fifth Street, and (3) the elementary school to the west.

Area C1 is currently zoned as MDR-25 (11.1-25.0 du/acre) and is developed with a couple of fast- food establishments and several automotive-related businesses (sales, repair, etc.). Concerns raised during the Planning Commission meeting focused on three main issues. The ﬁrst issue was increased traﬃc. The proposed zoning designation would result in increased vehicle trips, but the sites are located adjacent to Holt Boulevard, which is a four-lane arterial that includes plans for a bus rapid transit (BRT) line with a stop at Holt Boulevard and San Antonio Avenue that is adjacent to the site. The street width is sufficient to accommodate the anticipated vehicle trips.

The second concern raised centered on potential impacts to privacy from taller buildings. The current zoning would allow multi-family development up to 60 feet in height. The proposed HDR-45 zoning would allow for a maximum height of 75 feet. In either scenario, the building height proposed could potentially impact privacy issues to the single family homes to the north. The interface between the existing homes and any new development would be considered with any application submitted to address and minimize privacy impacts.

The third area of concern was impacts from homeless individuals occupying the alley along the south side of the single family residences as most of the residences do not use the alley and have block walls running along the alley. According to some residents, the alley, coupled with the businesses being closed at night, creates an area that is not frequently monitored and susceptible to loitering. Development of the property along Holt Boulevard could be designed to provide "eyes" on the alley or possibly allow for the vacation of the alley, thereby minimizing loitering opportunities and more defensible space.

The current Ordinance before the City Council includes the approval of the zone change for these two areas. Should the Council determine that the zoning amendment is not appropriate for one or both of these areas, the City Council should remove the area(s) from consideration and direct staﬀ to initiate a General Plan Amendment to address the desired land use designation for the area(s) in question to be reviewed at a future date.
70 Environmental Review:

An Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), which was certiﬁed by the City Council on August 16, 2022, was prepared. This application introduces no new signiﬁcant environmental impacts.
71 PAGE 1

Exhibit A: File No. PZC22-001 Proposed Zone Change

ZONING Legend:

AR-2, Residential-
Agricultural
PUD, Planned Unit
Development
BP, Business
Park

OS-R, Open Space -
Recreation

RE-2, Rural Estate

MU, Mixed Use
1 – Downtown,
3 – Centrelake West,
6 – East Holt,
8b – Mountain/Fourth
8c – West Holt
8d – Euclid/Francis
8e – Euclid/Walnut

IP, Industrial Park

OS-C, Open Space-
Cemetery

RE-4, Residential Estate

CS, Corner Store

IL, Light Industrial

UC, Utilities Corridor

LDR-5, Low Density
Residential
CN, Neighborhood
Commercial

IG, General
Industrial

SP, Specific Plan

MDR-11, Low-Medium
Density Residential
CC, Community
Commercial

IH, Heavy
Industrial

SP(AG), Specific Plan
with Agricultural Overlay

MDR-18, Medium Density
Residential
CCS, Convention
Center Support
ONT, Ontario Int'l
Airport

ES, Emergency Shelter
Overlay

MDR-25, Medium-High
Density Residential
OL, Low Intensity
Office
CIV, Civic

MTC, Multimodal Transit
Center Overlay

HDR-45, High Density
Residential
OH, High Intensity
Office

RC, Rail Corridor

ICC, Interim Community
Commercial Overlay

MHP, Mobile Home Park

AH – Affordable
Housing

Existing Zoning Proposed Zoning
A1

Zoning: LDR-5 Low-Density Residential MDR-18 Medium Density Residential Parcels: 1008-551-01,1008-551-13, 1008-551-12 ,1008-551-11, 1008-561-06, and 1008-551-07 72 PAGE 2

Existing Zoning Proposed Zoning
A2

Zoning: Neighborhood Commercial 0.4 FAR Mixed-Use 8b (Mountain and Fourth) Parcels: 1008-522-04, 1008-522-011, 1008-522-02, 1008-522-03, and 1008-513-16

Existing Zoning Proposed Zoning
B

Zoning: LDR-5, Low-Density Residential HDR-45, High-Density Residential Parcels: 108-441-01
73 PAGE 3

Existing Zoning Proposed Zoning
C1

Zoning: Community Commercial (0.40 FAR) Mixed-Use 8c (West Holt) Parcels: 1010-502-08 and 1010-502-09

Existing Zoning Proposed Zoning
C2

Zoning: MDR-25, Medium-High Density Residential HDR-45, High-Density Residential Parcels: 1048-604-13, 1048-604-14, 1048-604-15, 1010-491-16, 1010-491-02, and 1010-491-03 74 PAGE 4

Existing Zoning Proposed Zoning
C3

Zoning: CIV (Civic) Mixed-Use 1 (Downtown)
Parcels: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, and 1048-556-14

Existing Zoning Proposed Zoning
C5

Zoning: Neighborhood Commercial
(0.40 FAR) Mixed-Use 1 (Downtown)
Parcels
1048-525-12, 1049-094-07, 1049-094-10, 1049-094-08, 1049-094-09, 1048-525-14, 1048-525-13, 1048-525-15, 1048-523-15, 1048-523-16, 1048-523-18, 1048-522-08, 1048-522-09, 1048-522-10, 1048-522-11, 1048-524-14, 1048-524-15, 1048-524-16, 1048-524-17, 1048-525-16, 1048-525-17, 1048-525-18, 1048-525-19, 1048-525-20, 1048-523-17, 1049-094-04, 1049-094-14, 1049-094-02, 1049-094-01, 1049-093-10, 1049-093-09, 1049-093-07, 1049-093-06, 1049-093-04, 1049-093-03, 1049-093-02, 1049-093-01, 1049-091-04, 1049-091-03, 1049-091-02, 1049-091-01, 1049-094-13, 1049-094-05, 1049-094-11, 1049-094-06, 1049-093-08, and 1049-093-05

75 PAGE 5

Existing Zoning Proposed Zoning
D2

Zoning: Business Park (0.60 FAR) Mixed-Use 6 (East Holt) Parcels 110-061-01, 110-071-02, 110-071-06, 110-071-07, 110-072-10, and 110-07-211

Existing Zoning Proposed Zoning
E1

Zoning: Neighborhood Commercial
(0.40 FAR) HDR-45, High-Density Residential
Parcels 1050-272-01, 1050-272-20, and 1050-272-21

76 PAGE 6

Existing Zoning Proposed Zoning
E2

Zoning: Commercial Neighborhood
(0.40 FAR) Mixed-Use 8d (Euclid and Francis)
Parcels 1050-284-01

Existing Zoning Proposed Zoning
E3

Zoning: Community Commercial (0.40 FAR) &
LDR-5 Low-Density Residential Mixed-Use 8e (Euclid and Walnut) Parcels
1051-221-07, 1051-221-08, 1051-221-09, 105-122-110, 1051-221-11, 1051-221-12, 1051-221-13, 1051-221-14, 1051-221-15, 1051-221-16, 1051-22-120, 1051-222-01, 1051-222-08, 1051-222-09, 1051-222-10, 1051-222-11, 1051-222-12, 1051-222-13, 1051-271-06, 1051-271-66, and 1051-271-67

77 PAGE 7

Existing Zoning Proposed Zoning
F1

Zoning: High-Intensity Office (0.75 FAR) Mixed-Use 3 (Centrelake Southwest) Parcels 210-551-02 and 210-551-03

78 Case Planner: Robert Morales, Assistant Planner

Hearing Body Date Decision Action
Planning Director
Approval:

DAB
PC 3/28/2023 Approval Recommend
Submittal Date: March 1, 2023 CC 4/18/2023
5/2/2023 Final

FILE NO: PZC22-001

SUBJECT: A City initiated request to change the zoning designations on 107 properties located throughout the City to make the Official Zoning Map consistent with The Ontario Plan 2050 Policy Plan (general plan) Land Use Plan (Exhibit LU -01). City initiated.

City Council action is required.

PROPERTY OWNER: Various

RECOMMENDED ACTION: That the Planning Commission consider and adopt the following:

(1) The resolution recommending the City Council approve the use of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364) adopted by the City Council on August 16, 2022; and

(2) The resolution recommending the City Council approve the Zone Change, File No.

PZC22-001, pursuant to the facts and reasons contained in the staff report and attached resolution.

PROJECT ANALYSIS:

(1) Background — On August 16, 2022, The Ontario Plan 2050 (“ TOP 2050” ) was adopted, which updated the City’s Policy Plan (general plan), establishing the land use pattern for the City to achieve its Vision. TOP 2050 focuse d on technical updates to the Policy Plan to comply with state housing mandates and conform with new state laws related to community health, environmental justice, climate adaption, resiliency, and mobility. After the adoption of TOP 2050, staff initiated the City zoning consistency project to ensure that the Zoning Map is consistent with the TOP 2050 Policy Plan Official Land Use Plan, as required by Government Code Section 65860.

(2) Zoning Map Amendment — To implement the goals of the Policy Plan ( including the 2021 -2029 Housing Element ), s taff has identified 107 parcels that require to be rezoned. As part of the TOP 2050 Policy Plan update, the City adopted additional mixed- use land use designations in special areas of the City , including the northeast corner of Mountain Avenue and Fourth Street, the northeast corner of Mountain Avenue and Holt Boulevard, the northwest corner of Euclid Avenue and Walnut Street, and the southeast 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

AGENDA REPORT

March 28, 2023
79 Planning Commission Agenda Report
File No.: PZC22-001
March 28, 2023

Page 2 of 15 ends

corner of Turner Avenue and Ol d Guasti Road. Other key sites include Holt Boulevard, between Sultana Avenue and Campus Avenue , and the northeast and northwest corners of the Holt Boulevard and Imperial Avenue intersection. These areas are currently zoned for non-residential land uses, such as commercial or industrial, but were identified as areas to include residential land uses because of its accessibility to future bus rapid transit. Other non-mixed-use sites will require zone changes as well, to ensure that the City meets its 2021-2029 Regional Housing Needs A ssessment (“RHNA”) obligation to add additional residential capacity and have an inventory of sites suitable to accommodate the City’s housing need based on the updated land use designations adopted as part of TOP 2050.

The following Zoning Map amendment s will establish consistency with the Policy Plan Component of the TOP, and includes:

 Rezoning six parcels from LDR-5 (Low-Density Residential – 2.1 to 5.0 du/ac) to MDR- 18 (Medium Density Residential – 11.1 to 18.0 du/ac) to be consistent with the TOP Medium Density Residential Land Use Designation . Affected properties include APNs: 1008-551-01,1008-551-13, 1008-551-12 ,1008-551-11, 1008-561-06, and 1008 - 551-07 (See Exhibit A, Area A1);

 Rezoning five parcels from CN (Neighborhood Commercial 0.4 0 FAR) to MU-8B (Mountain/Fourth Mixed Use) to be consistent with the TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Affected properties include APNs 1008-522-04, 1008- 522-011, 1008 -522-02, 1008- 522-03, and 1008- 513-16 (See Exhibit A, Area A2);

 Rezoning one parcel from LDR -5 (Low-Density Residential – 2.1 to 5.0 du/ac ) to HDR-45 (High-Density Residential – 25.1 to 45.0 du/ac ) to be consistent with the TOP High-Density Land Use Designation. Affected property is APN 1008-441-01 (See Exhibit A, Area B);

 Rezoning two parcels from CC (Community Commercial (0.40 FAR)) to MU- 8C (West Holt Mixed Use) to be consistent with the TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Affected properties include APNs 1010-502-08 and 1010-502-09 (See Exhibit A, Area C1);

 Rezoning six parcels from MDR -25 (Medium-High Density Residential) to HDR -45 (High-Density Residential ) to be consistent with the TOP High-Density Land Use Designation. Affected properties include APNs 1048-604-13, 1048-604-14, 1048-604- 15, 1010-491-16, 1010-491-02, and 1010-491-03 (See Exhibit A, Area C2);

 Rezoning six parcels fro m CIV (Civic ) to MU -1 (Mixed Use – Downtown) to be consistent with the TOP Mixed Use – Downtown Land Use Designation. Affected properties include APNs 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048- 556-05, and 1048-556-14 (See Exhibit A, Area C3);
80 Planning Commission Agenda Report
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 Rezoning: 47 parcels from CN (Neighborhood Commercial (0.40 FAR)) to MU-1 (Mixed Use – Downtown) to be consistent with the TOP Mixed Use – Downtown Land Use Designation. Affected properties include APNs 1048-525-12, 1049-094-07, 1049-094-10, 1049 -094-08, 1049 -094-09, 1048- 525-14, 1048- 525-13, 1048- 525-15, 1048-523-15, 1048 -523-16, 1048 -523-18, 1048- 522-08, 1048- 522-09, 1048- 522-10, 1048-522-11, 1048 -524-14, 1048 -524-15, 1048- 524-16, 1048- 524-17, 1048- 525-16, 1048-525-17, 1048 -525-18, 1048 -525-19, 1048- 525-20, 1048- 523-17, 1049- 094-04, 1049-094-14, 1049 -094-02, 1049 -094-01, 1049- 093-10, 1049- 093-09, 1049- 093-07, 1049-093-06, 1049 -093-04, 1049 -093-03, 1049- 093-02, 1049- 093-01, 1049- 091-04, 1049-091-03, 1049 -091-02, 1049 -091-01, 1049- 094-13, 1049-094-05, 1049- 094-11, 1049-094-06, 1049-093-08, and 1049-093-05 (See Exhibit A, Area C5);

 Rezoning seven parcels from BP (Business Park (0.60 FAR)) to MU-6 (East Holt Mixed Use) to be consistent with the TOP Mixed Use – Holt Land Use Designation. Affected properties include APNs 0110-061-01, 0110-071-01, 0110-071-02, 0110-071-06, 0110- 071-07, 0110-072-10, and 0110-072-11 (See Exhibit A, Area D2);

 Rezoning three parcels from CN (Neighborhood Commercial 0.40 FAR) to HDR-45 (High-Density Residential – 25.1 to 45.0 du/ac) to be consistent with the TOP High- Density Land Use Designation. Affected properties include APNs 1050-272-01, 1050- 272-20, and 1050-272-21 (See Exhibit A, Area E1);

 Rezoning one parcel from CN (Neighborhood Commercial 0.40 FAR) to MU-8D (Euclid/Francis Mixed Use) to be consistent with the TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Affected property is APN 1050-284-01 (See Exhibit A, Area E1);

 Rezoning 15 parcels from LDR-5 (Low-Density Residential – 2.1 to 5.0 du/ac) to MU- 8E (Euclid/Walnut Mixed Use) to be consistent with the TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Affected properties include APNs 1051-221-07, 1051-221-08, 1051-221-09,1051-221-10, 1051-221-11, 1051-221-12, 1051-221-13, 1051-221-14, 1051-221-15, 1051-221-16, 1051-222-08, 1051-222-09, 1051-222-10, 1051-222-11, and 1051-222-12 (See Exhibit A, Area E2);

 Rezoning six parcels from CC (Community Commercial (0.40 FAR)) to (Euclid/Walnut Mixed Use) to be consistent with the TOP Mixed Use – Neighborhood Activity Hub Land Use Designation. Affected properties include APNs 1051-221-20, 1051-222-01, 1051-222-13, 1051-271-06, 1051-271-66, and 1051-271-67 (See Exhibit A, Area E3); and

 Rezoning two parcels from OH (High-Intensity Office) to MU-3 (Centrelake Southwest Mixed Use) to be consistent with the TOP Mixed Use – Guasti Land Use Designation. Affected properties include APNs 0210-551-02 and 0210 -551-03 (See Exhibit A, Area F1).

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NEIGHBORHOOD MEETING: On February 22, 2023, t he Planning Department held an in - person community meeting to present the Project to affected property owners and interested members of the public. Fifty community members attended the meeting and an additional 6 community members sent email correspondence inquiring about the Project. At the community meeting, staff presented the Project and discussed the Zone Change review process. Following the presentation, members of the audience had the opportunity to have their questions answered by staff. Concerns and opposition to the West Holt Avenue zone changes regarding High Density Residential were expressed (See Exhibit A, Area C2). The concerns expressed included increased density, lack of on-street parking, existing traffic issues, delinquency, and loitering. Below is a summary of the most frequently asked questions and comments that were received, along with staff responses:

(1) Approval of the Project will lead to the development of high -rise multiple-family units, which will negatively impact existing neighborhoods and reduce privacy for the existing neighborhoods.

Staff Response: The Project proposes Zone Changes throughout the City (as shown in Exhibit 1) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, will provide consistency between the Development Code and TOP. City staff explained any future development project will be subject to the City’s Development Review process and meet all applicable residential development standards to ensure high -quality development and maintain neighborhood compatibility.

(2) Approval of the Project would result in more on-street parking spillover to existing residential neighborhoods.

Staff Response: City staff explained that any future development will be subject to the City’s Development Review process and meet all applicable residential developm ent standards, which includes adequate on-site parking for residents and guests.

(3) Approval of the Project will increase density, which would result in more traffic and congestion.

Staff Response: During the development review process the City has the discretion to require a traffic study to evaluate potential traffic impacts from vehicle traffic and require safeguards to mitigate possible adverse effects on the existing roadway system.

(4) Residents shared that the Project would lead to an increase to delinquency and loitering:

Staff Response : During the development review process the Planning Department coordinates with the Ontario Police Department and Community Improvement 82 Planning Commission Agenda Report
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Department to address design concerns and assist in addressing security and loitering issues within the community.

After the community meeting, the Planning Department received 6 follow-up emails from community members not supporting the proposed West Holt Avenue High Density Residential zone changes. All emails, letters, and responses are included in Attachment A (Community Member Comments) of this report.

PUBLIC NOTIFICATION: The subject application was advertised as a public hearing in at least one newspaper of general circulation in the City of Ontario (the Inland Valley Daily Bulletin newspaper). In addition, notices were mailed to all owners of real property located within a minimum of 300 feet of the exterior boundaries of the property that is the subject of the hearing, as shown on the records of the County Assessor.

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 ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending body for the Project, the Planning Commission has reviewed and considered the facts and in formation 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 Im pact 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 Planning Commission, therefore, finds and determines that the Project , when implemented in conjun ction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP.

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.

 Operate in a Businesslike Manner.
 Focus Resources in Ontario's Commercial and Residential Neighborhoods. 83 Planning Commission Agenda Report
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(2) Vision.

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.

 G 1-2. Long-term Benefit . We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision.

(4) Policy Plan (General Plan)

Land Use Element:

 LU-1.1 Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.

 LU-1.6 Complete Community. We incorporate 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 visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario.

 Goal LU-2 Compatibility: Compatibility between a wide range of uses and a resultant urban patterns and forms.

Community Economics Element:

 Goal CE-1 Complete Community: A complete community that provides for all incomes and stages of life.

 Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.

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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 Housing Element Sites contained in Tables B- 1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.

ENVIRONMENTAL REVIEW: The environmental impacts of this Project were previously reviewed in conjunction with The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364) which was adopted by the City Council on August 16, 2022, in conjunction with File No. PGPA20-002. An Addendum to The Ontario Plan 2050 SEIR was prepared to address the environmental effects of the project.

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Exhibit A: PROPOSED ZONE CHANGES

AR-2, Residential-
Agricultural
PUD, Planned Unit
Development
BP, Business Park

OS-R, Open Space -
Recreation
RE-2, Rural Estate

MU, Mixed Use
1 – Downtown,
3 – Centrelake West,
6 – East Holt,
8b – Mountain/Fourth
8c – West Holt
8d – Euclid/Francis
8e – Euclid/Walnut

IP, Industrial Park

OS-C, Open Space-
Cemetery

RE-4, Residential Estate

CS, Corner Store

IL, Light Industrial

UC, Utilities Corridor

LDR-5, Low Density
Residential
CN, Neighborhood
Commercial
IG, General
Industrial
SP, Specific Plan

MDR-11, Low-Medium
Density Residential
CC, Community
Commercial
IH, Heavy
Industrial

SP(AG), Specific Plan
with Agricultural
Overlay

MDR-18, Medium Density
Residential
CCS, Convention
Center Support

ONT, Ontario Int'l
Airport
ES, Emergency Shelter
Overlay

MDR-25, Medium-High
Density Residential
OL, Low Intensity
Office

CIV, Civic

MTC, Multimodal Transit
Center Overlay

HDR-45, High Density
Residential
OH, High Intensity
Office
RC, Rail Corridor

ICC, Interim Community
Commercial Overlay

MHP, Mobile Home Park

AH – Affordable
Housing

Existing Zoning Proposed Zoning
A1

TOP: Low-Density Residential Medium Density
Zoning: LDR-5 Low-Density Residential MDR-18 Medium Density Residential Parcels: 1008-551-01,1008-551-13, 1008-551-12 ,1008-551-11, 1008-561-06, and 1008-551-07 86 Planning Commission Agenda Report
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Existing Zoning Proposed Zoning
A2

TOP: Commercial Neighborhood Mixed-Use (Mountain and Fourth) Zoning: Neighborhood Commercial 0.4 FAR Mixed-Use 8b (Mountain/Fourth) Parcels: 1008-522-04, 1008-522-011, 1008-522-02, 1008-522-03, and 1008-513-16

Existing Zoning Proposed Zoning
B

TOP: Low-Density Residential High-Density Residential Zoning: LDR-5, Low-Density Residential HDR-45, High-Density Residential Parcels: 1008-441-01
87 Planning Commission Agenda Report
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Existing Zoning Proposed Zoning
C1

TOP: General Commercial (0.40 FAR) Mixed-Use 8c (West Holt) Zoning: Community Commercial (0.40 FAR) Mixed-Use 8c (West Holt) Parcels: 1010-502-08 and 1010-502-09

Existing Zoning Proposed Zoning
C2

TOP: Medium-Density Residential High-Density Residential Zoning: MDR-25, Medium-High Density
Residential HDR-45, High-Density Residential
Parcels: 1048-604-13, 1048-604-14, 1048-604-15, 1010-491-16, 1010-491-02, and 1010-491-03 88 Planning Commission Agenda Report
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Existing Zoning Proposed Zoning
C3

TOP: Public Facility Mixed-Use (Downtown)
Zoning: CIV (Civic) Mixed-Use 1 (Downtown)
Parcels: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, and 1048-556-14

Existing Zoning Proposed Zoning
C5

TOP: Commercial Neighborhood
(0.40 FAR) Mixed-Use (Downtown)
Zoning: Neighborhood Commercial
(0.40 FAR) Mixed-Use 1 (Downtown)
Parcels
1048-525-12, 1049-094-07, 1049-094-10, 1049-094-08, 1049-094-09, 1048-525-14, 1048-525-13, 1048-525-15, 1048-523-15, 1048-523-16, 1048-523-18, 1048-522-08, 1048-522-09, 1048-522-10, 1048-522-11, 1048-524-14, 1048-524-15, 1048-524-16, 1048-524-17, 1048-525-16, 1048-525-17, 1048-525-18, 1048-525-19, 1048-525-20, 1048-523-17, 1049-094-04, 1049-094-14, 1049-094-02, 1049-094-01, 1049-093-10, 1049-093-09, 1049-093-07, 1049-093-06, 1049-093-04, 1049-093-03, 1049-093-02, 1049-093-01, 1049-091-04, 1049-091-03, 1049-091-02, 1049-091-01, 1049-094-13, 1049-094-05, 1049-094-11, 1049-094-06, 1049-093-08, and 1049-093-05

89 Planning Commission Agenda Report
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Existing Zoning Proposed Zoning
D2

TOP: Business Park (0.60 FAR) Mixed-Use (East Holt)
Zoning: Business Park (0.60 FAR) Mixed-Use 6 (East Holt) Parcels 0110-061-01, 0110-071-01, 0110-071-02, 0110-071-06, 0110-071-07, 0110-072-10, and 0110-072-11

Existing Zoning Proposed Zoning
E1

TOP: Commercial Neighborhood
(0.40 FAR) High-Density Residential
Zoning: Neighborhood Commercial
(0.40 FAR) HDR-45, High-Density Residential
Parcels 1050-272-01, 1050-272-20, and 1050-272-21

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Existing Zoning Proposed Zoning
E2

TOP: Neighborhood Commercial
(0.40 FAR) Mixed-Use (Euclid and Francis)
Zoning: Commercial Neighborhood
(0.40 FAR) Mixed-Use (Euclid and Francis)
Parcels 1050-284-01

Existing Zoning Proposed Zoning
E3

TOP: General Commercial (0.40 FAR) &
Low-Density Residential Mixed-Use (Euclid and Walnut)
Zoning: Community Commercial (0.40 FAR) &
LDR-5 Low-Density Residential Mixed-Use 8e (Euclid and Walnut) Parcels
1051-221-07, 1051-221-08, 1051-221-09, 1051-221-10, 1051-221-11, 1051-221-12, 1051-221-13, 1051-221-14, 1051-221-15, 1051-221-16, 1051-221-20, 1051-222-01, 1051-222-08, 1051-222-09, 1051-222-10, 1051-222-11, 1051-222-12, 1051-222-13, 1051-271-06, 1051-271-66, and 1051-271-67

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Existing Zoning Proposed Zoning
F1

TOP: Office Commercial (0.75 FAR) Mixed-Use (Centrelake Southwest) Zoning: High-Intensity Office (0.75 FAR) Mixed-Use (Centrelake Southwest) Parcels 0210-551-02 and 0210-551-03

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ATTACHMENT A:

Community Member Comments

(Document follows this page)

93 From: Robert Morales
To: Daniel Olivos; Luis Batres
Cc: Kimberly Ruddins; Thomas Grahn
Subject: RE: Daniel Olivos
Date: Thursday, March 16, 2023 2:10:00 PM
Attachments: image001.png
Good afternoon Daniel,

Thank you for providing me with your comments. Your comments will be included in the Project record and presented to the Project’s Recommending Authority (Planning Commission) and Approving Authority (City Council) for consideration of their decision.

Best,

Robert Morales
Assistant Planner
City of Ontario| Planning Department
303 East B Street, Ontario CA 91764
P: (909) 395 – 2432| E: [email protected]

To see the status of your permit, visit the Citizen Portal Access: https://automation.ontarioca.gov/onlinePermits/Default.aspx The Planning Department counter is open for appointments. Click here to book your appointment.

We appreciate your business and your patience.

From: Daniel Olivos <[email protected]>
Sent: Thursday, March 16, 2023 2:07 PM
To: Luis Batres <[email protected]>
Cc: Robert Morales <[email protected]>
Subject: Daniel Olivos

Mr Batres and Mr Morales
This is to let you know that we do not agree with the proposal of change of zoning . . 527 e holt blvd Ontario 91761

please respond to this message thank you
94 From: Robert Morales
To: nestor garcia
Cc: Thomas Grahn; Kimberly Ruddins
Subject: RE: Project PZC22-001/AREA C2
Date: Wednesday, March 1, 2023 5:10:00 PM
Good afternoon Nestor,
Thank you for providing me with your comments. Your comments will be included in the Project record and presented to the Project’s Recommending Authority (Planning Commission) and Approving Authority (City Council) for consideration of their decision.

Best,
Robert Morales
Assistant Planner
City of Ontario| Planning Department
303 East B Street, Ontario CA 91764
P: (909) 395 – 2432| E: [email protected]
To see the status of your permit, visit the Citizen Portal Access:

https://automation.ontarioca.gov/onlinePermits/Default.aspx COVID-19 PLANNING DEPARTMENT UPDATES
• The Planning Department counter is open for appointments.

Click here to book your appointment.
• Contact us by phone at (909) 395-2036 or by email at [email protected] for general Planning- related information.
• Face coverings, and social distancing are recommended inside City facilities •

We appreciate your business and your patience.
-----Original Message-----
From: nestor garcia <[email protected]>
Sent: Wednesday, March 1, 2023 1:33 PM
To: Robert Morales <[email protected]>
Subject: Project PZC22-001/AREA C2
My name is Nestor García resident and home owner on B street, we have lived here for 34 years, the proposed project would have a lot of impact on our daily lives, our back yard including a swimming pool where we spend the majority of our time, the proposed project would directly impact many of us in many different ways , specially the violation of our privacy, property devastation, parking and the safety of our neighborhood, there for I want to say that we’re strongly oppose to the proposed project.

Sincerely
Nestor garcia
95 From: Robert Morales
To: angelica garcia
Cc: Kimberly Ruddins; Thomas Grahn
Subject: RE: Procect PZC22-001/AREA C2
Date: Wednesday, March 1, 2023 5:08:00 PM
Good afternoon Angelica,
Thank you for providing me with your comments. Your comments will be included in the Project record and presented to the Project’s Recommending Authority (Planning Commission) and Approving Authority (City Council) for consideration of their decision.

https://automation.ontarioca.gov/onlinePermits/Default.aspx COVID-19 PLANNING DEPARTMENT UPDATES
• The Planning Department counter is open for appointments.

We appreciate your business and your patience.
-----Original Message-----
From: angelica garcia <[email protected]>
Sent: Wednesday, March 1, 2023 1:46 PM
To: Robert Morales <[email protected]>
Subject: Procect PZC22-001/AREA C2
My nane is Angelica resident and homeowner on the south side of B street, I have lived here for 24 years Iam very concerned about the proposed project, being that I live right next to the alley where the proposed project would take place I want to say that iam with no doubt opposed to the mention project Thank
B street resident
96 From: Robert Morales
To: "Lisa Pore"
Cc: Thomas Grahn; Kimberly Ruddins
Subject: RE: Rezoning C2
Date: Tuesday, February 28, 2023 8:12:00 AM
Attachments: image001.png
Good Morning Roy and Lisa,

Best,

Robert Morales
Assistant Planner
City of Ontario| Planning Department
303 East B Street, Ontario CA 91764
P: (909) 395 – 2432| E: [email protected]

To see the status of your permit, visit the Citizen Portal Access: https://automation.ontarioca.gov/onlinePermits/Default.aspx COVID-19 PLANNING DEPARTMENT UPDATES
The Planning Department counter is open for appointments. Click here to book your appointment.

Face coverings, and social distancing are recommended inside City facilities We appreciate your business and your patience.

From:

Lisa Pore <[email protected]>
Sent: Sunday, February 26, 2023 12:13 PM
To: Robert Morales <[email protected]>
Subject: Rezoning C2

My husband and I attended the February 22 meeting for the zoning change for C2 area. We highly oppose the new zoning proposal to have it changed to a high density residential zone for multiple family development. We, along with other B Street neighbors Will be attending the March 28 meeting as well to express our concerns. Roy and Lisa Pore Sent from Yahoo Mail for iPhone [overview.mail.yahoo.com] 97 From: Robert Morales
To: "[email protected]"
Cc: Kimberly Ruddins; Thomas Grahn
Subject: FW: Rezone Holt Blvd
Date: Thursday, February 23, 2023 10:44:00 AM
Attachments: image001.png
Good Morning Pamela,

Best,

Robert Morales
Assistant Planner
City of Ontario| Planning Department
303 East B Street, Ontario CA 91764
P: (909) 395 – 2432| E: [email protected]

Face coverings, and social distancing are recommended inside City facilities We appreciate your business and your patience.

From:

Gwen Berendsen <[email protected]>
Sent: Wednesday, February 22, 2023 1:51 PM
To: Kimberly Ruddins <[email protected]>; Robert Morales <[email protected]>; Thomas Grahn <[email protected]>
Subject: FW: Rezone Holt Blvd

From:

Pamela Trejo corona <[email protected]>
Sent: Wednesday, February 22, 2023 12:24 PM
To: Planning Director <[email protected]>
Subject: Rezone Holt Blvd

Whom it may concern ,
98 We are residents of holt blvd Ontario. We have heard the news that they are planning to rezone holt blvd by building apartments units. I desire to speak regarding the situation as it will affect my family and our neighborhood. we are against this measure. This measure will affect the value of our house. We experienced a negative loss of value with the new opening of apartments recently. As a resident of Ontario this will affect us in a negative manner such as higher rates of crime and other aspects. We demand that we stop such bill.

99 From: Robert Morales
To: [email protected]
Subject: FW: against the rezoning
Date: Thursday, February 23, 2023 10:40:00 AM
Attachments: image001.png
Good Morning Syed,

Thank you for providing me with your comments. Your comments will be included in the Project record and presented to the Project’s

Recommending Authority (Planning Commission) and
Approving Authority (City Council) for consideration of their decision.

Best,

Robert Morales
Assistant Planner
City of Ontario| Planning Department
303 East B Street, Ontario CA 91764
P: (909) 395 – 2432| E: [email protected]

Face coverings, and social distancing are recommended inside City facilities We appreciate your business and your patience.

From:

Gwen Berendsen <[email protected]>
Sent: Wednesday, February 22, 2023 8:42 AM
To: Kimberly Ruddins <[email protected]>; Robert Morales <[email protected]>; Thomas Grahn <[email protected]>
Subject: FW: against the rezoning

From:
syed sami <[email protected]>
Sent: Wednesday, February 22, 2023 8:02 AM
To: Planning Director <[email protected]>
Subject: Fwd: against the rezoning

100

Hi this is The resident on B Street Ontario informing you about the new planning that I really condemn because that would ruin the neighborhood and it will increase traffic and that will cause more accidents.And the most important part is the privacy of the neighborsThat will be compromised

byBuilding the complex

unit.The second most
important part is the security of the neighborhood will be compromised and it will increase traffic in our neighborhood and the pedestrians won't be saved walking around due to more cars and more traffic. This will also devalue our properties. I am against this project and also being the resident of the neighborhood I really don't want the project to be built over here in this Zone.

101
From: Robert Morales
To: [email protected]
Cc: Kimberly Ruddins; Thomas Grahn
Subject: FW: AGAINST THE REZONING ON HOLT
Date: Thursday, February 23, 2023 10:38:00 AM
Attachments: image001.png
Good Morning Shan,

Thank you for providing me with your comments. Your comments will be included in the Project record and presented to the Project’s

Recommending Authority (Planning Commission) and
Approving Authority (City Council) for consideration of their decision.

Best,

Robert Morales
Assistant Planner
City of Ontario| Planning Department
303 East B Street, Ontario CA 91764
P: (909) 395 – 2432| E: [email protected]

Face coverings, and social distancing are recommended inside City facilities We appreciate your business and your patience.

From:

Gwen Berendsen <[email protected]>
Sent: Wednesday, February 22, 2023 8:41 AM
To: Kimberly Ruddins <[email protected]>; Robert Morales <[email protected]>; Thomas Grahn <[email protected]>
Subject: FW: AGAINST THE REZONING ON HOLT

From:
shan sami <[email protected]>
Sent: Tuesday, February 21, 2023 8:48 PM
To: Planning Director <[email protected]>
Subject: AGAINST THE REZONING ON HOLT

Hi this is The resident on B Street Ontario informing you about the new planning that I 102
really condemn because that would ruin the neighborhood and it will increase traffic and that will cause more accidents.And the most important part is the privacy of the neighborsThat will be compromised

byBuilding the complex

aaa
103
From: Robert Morales
To: [email protected]
Subject: RE Rezoning
Date: Wednesday, February 22, 2023 7:58:00 AM
Good Morning Ms. Alejo,
Thank you for providing comments. Your comments will be included in the Project record and presented to the Project’s

Recommending Authority (Planning Commission) and Approving Authority (City Council) for consideration of their decision.

Thank you,
Robert Morales
Assistant Planner
City of Ontario| Planning Department
303 East B Street, Ontario CA 91764
P: (909) 395 – 2432| E: [email protected]
-----Original Message-----
From: Gwen Berendsen <[email protected]>
Sent: Tuesday, February 21, 2023 12:01 PM
To: Kimberly Ruddins <[email protected]>; Robert Morales <[email protected]>; Thomas Grahn <[email protected]>
Subject: FW: Rezoning
-----Original Message-----
From: irene alejo <[email protected]>
Sent: Tuesday, February 21, 2023 11:54 AM
To: Planning Director <[email protected]>
Subject: Rezoning
Hello my name is Irene Alejo
I live on B street between San Antonio and Bolder.

I don’t want to see our neighborhood go from bad to worse my Father lived here for 35 years till he passed my Mother lived here for 30 years tiller she passed.

They could no longer walk to the store or go for a walk do to the fact that the prostitution and drugs coming from the hookers coming from holt and to do there business in parked car’s parking in front of our house. There has been drug trafficking we here women screaming help me and not to mention the drug addicts braking in to houses with your rezoning will tripping all the garage and thieves a green light to do what ever they want.

I ask you with a heavy heart please please don’t don’t do this I have great grandchildren and grandchildren that come to visit I don’t want them seeing any of that trash.

Respectfully yours
Irene Alejo

Sent from my iPhone
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RESOLUTION NO. PC23-020

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO, CALIFORNIA, RECOM MENDING THE PLANNING

COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE AN
ADDENDUM TO THE ONTARIO PLAN 2050 CERTIFIED

SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT ( STATE
CLEARINGHOUSE NO. 2021070364), FOR WHICH AN INITIAL STUDY

WAS PREPARED, ALL IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT , AS AMENDED , FOR FILE NO S.

PZC22-001.

WHEREAS, in August 2022, the City Council certified The Ontario Plan 2050 (“TOP 2050”) Supplemental Environmental Impact Report (“SEIR”) (State Clearinghouse No.2021070364), adopted an update to The Ontario Plan Policy Plan (general plan) and the Preferred Land Use Plan, and adopted a Statement of Overriding Considerations pursuant to CEQA; and

WHEREAS, prior to the adoption of this Resolution, the Planning Director of the City of Ontario prepared and approved for attachment to the C ertified Supplemental Environmental I mpact Report, an addendum to The Ontario Plan 2050 Certified Supplemental Environmental Impact Report ( State Clearinghouse No. 2021070364) for
File No. PZC22-001, (hereinafter referred to as "SEIR Addendum"), all in accordance with the requirements of the California Environmental Quality Act of 1970, together with State and local guidelines implementing said Act, all as amended to date (collectively referred to as "CEQA"); and

WHEREAS, Planning File No. PZC 22-001 (the “Project”) analyzed under the Addendum consists of Zone Changes throughout the City (as shown in Figure 3 of the Addendum) in order to be consistent with The Ontario Plan ( “TOP”). In addition, the proposed Zone Changes will amend the City’s Zoning Map in order to reflect policies and implementation measures specified in TOP and, pursuant to Section 65860 of the Government Code, provides consistency between zoning ordinances and general plans; and

WHEREAS, the S EIR Addendum concluded that implementation of the Project could result in a number of significant effects on the environment and identified mitigation measures that would reduce each of those significant effects to a less -than-significant level; and

WHEREAS, pursuant to California Environmental Quality Act ("CEQA") Guidelines Section 15164(a), a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary to a project, but the preparation of a subsequent or supplemental EIR is not required; and

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March 28, 2023

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WHEREAS, the City determined that none of the conditions requiring preparation of a subsequent or supplemental EIR would occur from the Project, and that preparation of an Addendum to the Certified SEIR was appropriate; and

WHEREAS, the City of Ontario is the lead agency on the Project, and the Planning Commission is the recommending authority for the Zone Change ( File No. PZC22-001) application; and

WHEREAS, the Planning Commission is the recommending body for the Zone Change (File No. PZC22- 001) and the Zone Change approval will not be final and complete until it has been approved by the City Council; and

WHEREAS, the Planning Commission has reviewed and considered the S EIR Addendum for the Project, has concluded that none of the conditions requiring preparation of a subsequent of supplemental Environmental Impact Report have occurred, and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and

WHEREAS, the SEIR Addendum for the Project is on file in the Planning Department, located at 303 East B Street, Ontario, CA 91764, and is available for inspection by any interested person at that location and are, by this reference, incorporated into this Resolution as if fully set forth herein; 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, t he 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) T he environmental impacts of this project were reviewed in conjunction with an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364) adopted by City Council on August 16, 2022 , in conjunction with File No. PGPA20-002; and

(2) The SEIR Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
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Page 3 ends

(3) The City 's " Guidelines for the Implementation of the California Environmental Quality Act (CEQA) " provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. This Application introduces no new significant environmental impacts; and

(4) All previously adopted mitigation measures shall be a condition of project approval, as they are applicable to the Project, and are incorporated herein by this reference; and

(5) T he SEIR Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project , and reflects the independent judgment of the Planning Commission; and

(6) There is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts.

SECTION 2: Additional Environmental Review Not Required. Based on the Addendum, all related information presented to the Planning Commission, and the specific findings set forth in Section 1, above, the Planning Commission finds that the preparation of a subsequent or supplemental Environmental Impact Report is not required for the Project, as the Project:

(1) Does not constitute substantial changes to the Certified SEIR that will require major revisions to the Certified SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

(2) Does not constitute substantial changes with respect to the circumstances under which the Certified SEIR was prepared, that will require major revisions to the Certified SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and

(3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified/adopted, that shows any of the following:

(a) The project will have one or more significant effects not discussed in the Certified SEIR; or

(b) Significant effects previously examined will be substantially more severe than shown in the Certified SEIR; or

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March 28, 2023

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(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or

(d) Mitigation measures or alternatives considerably different from those analyzed in the Certified SEIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3: Planning Commission Action. Based upon the findings and conclusions set forth in Sections 1 and 2, above, the Planning Commission hereby finds that based upon the entire record of proceedings before it, and all information received, that there is no substantial evidence that the Project will consti tute substantial changes to the Certified EIR, and does hereby recommend that the City Council APPROVES the SEIR Addendum, attached hereto as " Attachment A," and incorporated herein by this reference.

SECTION 4: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 5: Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.

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

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File No. PZC22-001
March 28, 2023

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ATTACHMENT A:

Addendum to The Ontario Plan 2050 (TOP 2050)
Supplemental Environmental Impact Report

(Addendum to follow this page)

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Page 1 of 54 ends

1. Project Title/File No.: PZC22-001 – TOP Policy Plan (general plan) - Zoning Consistency

2. Lead Agency: City of Ontario, 303 East B Street, Ontario, California 91764, (909) 395-2036

3. Contact Person: Robert Morales, Assistant Planner, Phone: (909) 395-2432

4. Project Sponsor: City of Ontario, 303 East B Street, Ontario, California 91764, (909) 395-2036

5. Project Location: The Project site is located in southwestern San Bernardino County, within the City of Ontario. The City of Ontario is located approximately 40 miles from downtown Los Angeles, 20 miles from downtown San Bernardino, and 30 miles from Orange County. As illustrated on Figures 1 and 2, below, the Project site is located at various properties located throughout the City.

Figure 1: REGIONAL LOCATION MAP
Project Site
124
Addendum to Certified Supplemental Environmental Impact Report for The Ontario Plan 2050 File No.: PZC22-001

Page 2 of 54 ends

Figure 2: AERIEL MAP
Project Site
125
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Figure(s) 3: PROPOSED ZONING CHANGES

AR-2, Residential-
Agricultural
PUD, Planned Unit
Development
BP, Business Park

OS-R, Open Space -
Recreation
RE-2, Rural Estate

MU, Mixed Use
1 – Downtown,
3 – Centrelake West,
6 – East Holt,
8b – Mountain/Fourth
8c – West Holt
8d – Euclid/Francis
8e – Euclid/Walnut

IP, Industrial Park

OS-C, Open Space-
Cemetery

RE-4, Residential Estate

CS, Corner Store

IL, Light Industrial

UC, Utilities Corridor

LDR-5, Low Density
Residential
CN, Neighborhood
Commercial
IG, General
Industrial

SP, Specific Plan

MDR-11, Low-Medium
Density Residential
CC, Community
Commercial
IH, Heavy
Industrial
SP(AG), Specific Plan
with Agricultural
Overlay

MDR-18, Medium Density
Residential
CCS, Convention
Center Support

ONT, Ontario
Int'l Airport

ES, Emergency Shelter
Overlay

MDR-25, Medium-High
Density Residential
OL, Low Intensity
Office

CIV, Civic

MTC, Multimodal
Transit Center Overlay

HDR-45, High Density
Residential
OH, High Intensity
Office
RC, Rail Corridor

ICC, Interim
Community
Commercial Overlay

MHP, Mobile Home Park

AH – Affordable
Housing

Existing Zoning Proposed Zoning
A1

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Existing Zoning Proposed Zoning
A2

TOP: Commercial Neighborhood Mixed-Use (Mountain and Fourth) Zoning: Neighborhood Commercial 0.4 FAR Mixed-Use 8b (Mountain and Fourth) Parcels: 1008-522-04, 1008-522-011, 1008-522-02, 1008-522-03, and 1008-513-16

Existing Zoning Proposed Zoning
B

TOP: Low-Density Residential High-Density Residential Zoning: LDR-5, Low-Density Residential HDR-45, High-Density Residential Parcels: 108-441-01

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Existing Zoning Proposed Zoning
C1

TOP: General Commercial (0.40 FAR) Mixed-Use 8c (West Holt) Zoning: Community Commercial (0.40 FAR) Mixed-Use 8c (West Holt) Parcels: 1010-502-08 and 1010-502-09

Existing Zoning Proposed Zoning
C2

128
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Existing Zoning Proposed Zoning
C3

TOP: Public Facility Mixed-Use (Downtown)
Zoning: CIV (Civic) Mixed-Use 1 (Downtown)
Parcels: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, and 1048-556-14

Existing Zoning Proposed Zoning
C5

129
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Existing Zoning Proposed Zoning
D2

TOP: Business Park (0.60 FAR) Mixed-Use (East Holt)
Zoning: Business Park (0.60 FAR) Mixed-Use 6 (East Holt) Parcels 110-061-01, 110-071-01, 110-071-02, 110-071-06, 110-071-07, 110-072-10, and 110-07-211

Existing Zoning Proposed Zoning
E1

TOP: Commercial Neighborhood
(0.40 FAR) High-Density Residential
Zoning: Neighborhood Commercial
(0.40 FAR) HDR-45, High-Density Residential
Parcels 1050-272-01, 1050-272-20, and 1050-272-21

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Existing Zoning Proposed Zoning
E2

TOP: Neighborhood Commercial
(0.40 FAR) Mixed-Use (Euclid and Francis)
Zoning: Commercial Neighborhood
(0.40 FAR) Mixed-Use 8d (Euclid and Francis)
Parcels 1050-284-01

Existing Zoning Proposed Zoning
E3

TOP: General Commercial (0.40 FAR) &
Low-Density Residential Mixed-Use (Euclid and Walnut)
Zoning: Community Commercial (0.40 FAR) &
LDR-5 Low-Density Residential Mixed-Use 8e (Euclid and Walnut) Parcels
1051-221-07, 1051-221-08, 1051-221-09, 105-122-110, 1051-221-11, 1051-221-12, 1051-221-13, 1051-221-14, 1051-221-15, 1051-221-16, 1051-22-120, 1051-222-01, 1051-222-08, 1051-222-09, 1051-222-10, 1051-222-11, 1051-222-12, 1051-222-13, 1051-271-06, 1051-271-66, and 1051-271-67

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Existing Zoning Proposed Zoning
F1

TOP: Office Commercial (0.75 FAR) Mixed-Use (Centrelake Southwest) Zoning: High-Intensity Office (0.75 FAR) Mixed-Use 3 (Centrelake Southwest) Parcels 210-551-02 and 210-551-03

6. Policy Plan (General Plan) Designation: Various

7. Zoning Designation: Various

8. Description of Project: The Ontario Plan (TOP) was adopted by the City Council on January 27, 2010, and the technical update to the TOP (TOP 2050), which includes the City’s Policy Plan (general plan), was adopted on Aug ust 16, 2022. The Ontario Plan (TOP) serves as the framework for the City's business plan and provides a foundation for the City to operate as a municipal corporation that consists of six (6) distinct components: 1) Vision; 2) Governance Manual; 3) Policy Plan (General Plan); 4) Council Priorities; 5) Implementation; and 6) Tracking and Feedback. The Policy Plan component of TOP meets the functional and legal mandate of a General Plan. It contains nine elements: Land Use, Housing, Parks and Recreation, Environmental Resources, Community Economics, Safety, Mobility, Community Design, Social Resources, and Environmental Justice is woven throughout the Policy Plan. The online version of The Ontario Plan can be found at Ontarioca.gov/Ontarioplan.

The City is proposing Zone Changes throughout the City (as shown in Figure(s) 3 ) to make the zoning map consistent with the TOP 2050 general plan update. In addition, the proposed Zone Changes will amend the City’s Zoning Map that reflect policies and implementation measures specified in the TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP.

On August 16, 2022, the Ontario City Council certified the Ontario Plan 2050 Supplemental Environmental Impact Report (SEIR) (SCH # 2021070364), (“TOP SEIR”) adopted an update to the Ontario Policy Plan and Land Use Plan, Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations pursuant to CEQA. The Ontario Plan 2050 SEIR contains an analysis of the environmental setting of the entire City focusing on changes to land use to establish the framework associated with the City’s development over the next 30 years.

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9. Project Setting: As illustrated in Figure 1, the Project site is located is located in southwestern San Bernardino County, within the City of Ontario.

10. Analysis: According to the California Environmental Quality Act (“CEQA”) Guidelines Section 15164, an Addendum to a previously Certified EIR may be used if some changes or additions are necessary, but none of the conditions described in Section 15162 requiring the preparation of a subsequent Negative Declaration or EIR have occurred. The CEQA Guidelines require that a brief explanation be provided to support the findings that no subsequent EIR or Negative Declaration are needed for further discretionary approval. These findings are described below:

1) R
equired Finding : Substantial changes are not proposed for the project that will require major revisions of the previous EIR due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified effects.

S
ubstantial changes are not proposed by the Project and project implementation will not require revisions to TOP 2050 SEIR. TOP 2050 SEIR analyzed the direct and physical changes in the environment that would be caused by TOP; focusing on changes to land use associated with the final buildout of the Official Land Use Plan. TOP 2050 SEIR assumes the same overall development at buildout as shown below.

TOP Buildout Analysis Units Population Non-Residential
Square Footage Jobs
Buildout per current TOP
2050 SEIR 129,562 410,492 261,491,779 296,002
Buildout per approved
TOP 2050 SEIR and the
proposed zone
change(s)
129,562 410,492 261,491,779 296,002
Since the anticipated buildout will remain the same, no revisions to TOP 2050 SEIR are required. In addition, all previously adopted mitigation measures are a condition of project approval and are incorporated herein by reference. The attached Initial Study provides an analysis of the Project and verification that the Project will not cause environmental impacts such that any of the circumstances identified in CEQA Guidelines Section 15162 are present.

2) R
equired Finding : Substantial changes have not occurred with respect to the circumstances under which the project is undertaken, t hat would require major revisions of the previous Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Substantial changes have not occurred with respect to the circumstances under which the pr
oject was undertaken, that would require major revisions to TOP 2050 SEIR in that the proposed zoning changes are consistent with what was analyzed under the TOP 2050 SEIR; t herefore, no proposed changes or revisions to the SEIR are required. In addition, all previously adopted mitigation measures are a condition of project approval and are incorporated herein by reference. The attached Initial Study provides an analysis of the Project and verification that the Project will not cause environmental impacts such that any of the circumstances identified in CEQA Guidelines Section 15162 are present.

3) R
equired Finding : No new information has been provided that would indicate that the proposed project would result in one or more significant effects not discussed in the previous EIR. 133
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No new information has been provided that would indicate the proposed Project would result in any new significant effects not previously discussed in TOP 2050 SEIR; t herefore, no proposed changes or revisions to the EIR are required. In addition, all previously adopted mitigation measures are a condition of project approval are incorporated herein by reference. The attached Initial Study provides an analysis of the Project and verification that the Project will not cause environmental impacts such that any of the circumstances identified in CEQA Guidelines Section 15162 are present.

CEQA Requirements for an Addendum: If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency may:
(1) prepare a subsequent EIR if the criteria of CEQA Guidelines Section 15162(a) are met, (2) prepare a subsequent negative declaration, (3) prepare an addendum, or (4) prepare no further documentation. (CEQA Guidelines Section 15162(b)). When only minor technical changes or additions to the negative declaration are necessary and none of the conditions described in section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred, CEQA allows the lead agency to prepare and adopt an addendum. (CEQA Guidelines Section 15164(b).)

Under CEQA Section 15162, no subsequent EIR or negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:

1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certifi ed as complete or the negative declaration was adopted, shows any of the following:

i. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; or

ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR; or

iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Thus, if the Project does not result in any of the circumstances listed in Section 15162 (i.e., no new or substantially greater significant impacts), the City may properly adopt an addendum to the Certified SEIR.

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Conclusion: TOP 2050 SEIR was prepared as a Supplemental EIR in accordance with CEQA, the CEQA Guidelines, the City’s Rules for the Implementation of CEQA , and in accordance with Section 15121(a) of the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3). The SEIR considered the direct physical changes and reasonably foreseeable indirect physical changes in the environment that would be caused by T OP. Consequently, the SEIR focused on impacts from changes to land use associated with buildout of the City’s Official Land Use Plan and impacts from the resulting population and employment growth. The proposed land use designation changes coordinate with the existing uses of the properties and uses within the surrounding areas. T he Project will not result in a change in the final buildout projections (TOP Buildout Analysis, page 10) . Subsequent activities within TOP 2050 SEIR have been evaluated to determine whether an additional CEQA document needs to be prepared.

Accordingly, and based on the findings and information contained in the previously certified TOP 2050 SEIR, the analysis above, the attached Initial Study, and CEQA statute and State CEQA Guidelines, including Sections 15164 and 15162, the Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in TOP SEIR.

No changes or additions to TOP SEIR analyses are necessary, nor is there a need for any additional mitigation measures. Therefore, pursuant to CEQA Guidelines Section 15164, the City Council hereby adopts this Addendum to TOP SEIR.

11. Other public agencies whose approval is required (e.g., permits, financing approval or participation agreement): None

12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? ☒Yes ☐ No

If “yes”, has consultation begun? ☐ Yes ☐ No ☒ Completed

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED

The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

☐ Aesthetics ☐ Agriculture/Forestry
Resources
☐ Air Quality
☐ Biological Resources ☐ Cultural Resources ☐ Geology / Soils ☐ Greenhouse Gas Emissions ☐ Hazards & Hazardous
Materials
☐ Hydrology/Water Quality
☐ Land Use / Planning ☐ Mineral Resources ☐ Noise
☐ Population / Housing ☐ Public Services ☐ Recreation
☐ Transportation ☐ Utilities / Service Systems ☐ Mandatory Findings of Significance
☐ Tribal Cultural Resources ☐ Wildfire ☐ Energy

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DETERMINATION (To be completed by the Lead Agency)

On the basis of this initial evaluation:

☐ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

☐ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

☐ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

☐ I find that the proposed project MAY have a "potentially significant" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, b ut it must analyze only the effects that remain to be addressed.

☒ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier Certified The Ontario Plan 2050 (TOP 2050) Supplemental Environmental Impact Report (SEIR) pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier Certified TOP 2050 SEIR, including revisions or mitigation measur es that are imposed upon the proposed project, the analysis from the Certified TOP 2050 SEIR prepared for this project was used as a basis for this Addendum, nothing further is required.

Signature:

Date: February 27, 2023
Printed Name: Robert Morales, Assistant Planner For: City of Ontario

EVALU

ATION OF ENVIRONMENTAL IMPACTS

1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. , the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2. All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than 136
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significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.

4. "Negative Declaration: Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from the "Earlier Analyses” Section may be cross-referenced).

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration.

Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:

a. Earlier Analyses Used. Identify and state where they are available for review.

b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.

c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for poten tial impacts (e.g. , general plans, zoning ordinances) . Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources. A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion.

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.

9. The explanation of each issue should identify:

a. The significance criteria or threshold, if any, used to evaluate each question; and

b. The mitigation measure identified, if any, to reduce the impact to less than significance.

Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact

1. AESTHETICS. Except as provided in Public Resources Code section 21099, would the project:

a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☐ ☒ b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
☐ ☐ ☐ ☒
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Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
c) In non- urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?)
☐ ☐ ☐ ☒
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
☐ ☐ ☐ ☒

2. AGRICULTURE AND FOREST RESOURCES. In determining
whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining
whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California
Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy
Assessment project; and forest carbon measurement
methodology provided in Forest protocols adopted by the California Air Resources Board. Would the project:

a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non -agricultural
use?
☐ ☐ ☐ ☒
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
☐ ☐ ☐ ☒
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public
Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
d) Result in the loss of forest land or conversion of forest land to non-forest use?
☐ ☐ ☐ ☒
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒

3. AIR QUALITY . Where available, the significance criteria established by the applicable air quality management
district or air pollution control district may be relied upon to make the following determinations. Would the project:

a) Conflict with or obstruct implementation of the
applicable air quality plan?
☐ ☐ ☐ ☒
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
☐ ☐ ☐ ☒
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Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
c) Expose sensitive receptors to substantial pollutant
concentrations?
☐ ☐ ☐ ☒
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
☐ ☐ ☐ ☒

4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☒
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural communit y
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☒
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
☐ ☐ ☐ ☒
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife s pecies or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
☐ ☐ ☐ ☒
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☐ ☐ ☒
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
☐ ☐ ☐ ☒

5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§ 15064.5?
☐ ☐ ☐ ☒
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to § 15064.5?
☐ ☐ ☐ ☒
c) Disturb any human remains, including those interred
outside of dedicated cemeteries?
☐ ☐ ☐ ☒

6. ENERGY. Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☐ ☐ ☒
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?

☐ ☐ ☐ ☒
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Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact

7. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury or
death involving:

i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist -Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
☐ ☐ ☐ ☒
ii) Strong seismic ground shaking? ☐ ☐ ☐ ☒
iii) Seismic-related ground failure, including
liquefaction?
☐ ☐ ☐ ☒
iv) Landslides? ☐ ☐ ☐ ☒
b) Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☐ ☒ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on - or off -site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
☐ ☐ ☐ ☒
d) Be located on expansive soil, as defined in Table 18 - 1-B of the Uniform Building Code, creating substantial
direct or indirect risks to life or property?
☐ ☐ ☐ ☒
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
☐ ☐ ☐ ☒
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
☐ ☐ ☐ ☒

8. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
☐ ☐ ☐ ☒
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emission of
greenhouse gases?
☐ ☐ ☐ ☒

9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☐ ☐ ☒
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
☐ ☐ ☐ ☒
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one -quarter mile of an existing or proposed
school?
☐ ☐ ☐ ☒
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
☐ ☐ ☐ ☒
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Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
Government Code section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in
a safety hazard or
excessive noise for people residing or working in the
project area?
☐ ☐ ☐ ☒
f) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
☐ ☐ ☐ ☒
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
☐ ☐ ☐ ☒

10. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?
☐ ☐ ☐ ☒
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
☐ ☐ ☐ ☒
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:

i) Result in substantial erosion or siltation on - or off- site;
☐ ☐ ☐ ☒
ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite;
☐ ☐ ☐ ☒
iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff;
or
☐ ☐ ☐ ☒
d) Impede or redirect flood flows? ☐ ☐ ☐ ☒
e) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
☐ ☐ ☐ ☒
f) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
☐ ☐ ☐ ☒

11. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? ☐ ☐ ☐ ☒
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?

☐ ☐ ☐ ☒
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Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact

12. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
☐ ☐ ☐ ☒

13. NOISE. Would the project result in:
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
☐ ☐ ☐ ☒
b) Generation of excessive groundborne vibration or
groundborne noise levels?
☐ ☐ ☐ ☒
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public use airport, would the project expose people residing or working in the project area
to excessive noise levels?
☐ ☐ ☐ ☒

14. POPULATION AND HOUSING. Would the project:
a) Induce substantial unplanned population growth in
an area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of road or other
infrastructure)?
☐ ☐ ☐ ☒
b) Displace substantial numbers of existing people or
housing, necessitating the constr
uction of
replacement housing elsewhere?
☐ ☐ ☐ ☒

15. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the public services:

i) Fire protection? ☐ ☐ ☐ ☒
ii) Police protection? ☐ ☐ ☐ ☒
iii) Schools? ☐ ☐ ☐ ☒
iv) Parks? ☐ ☐ ☐ ☒
v) Other public facilities? ☐ ☐ ☐ ☒

16. RECREATION.
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
☐ ☐ ☐ ☒
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Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which have an adverse physical effect on
the environment?
☐ ☐ ☐ ☒

17. TRANSPORTATION. Would the project:
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☐ ☐ ☐ ☒
b) Conflict or be inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)?
☐ ☐ ☐ ☒
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐ ☒
d) Result in inadequate emergency access? ☐ ☐ ☐ ☒

18. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code
section 21074 as either a site, feature, place, cultural landscape that is geographically defined i n terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:

a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register o f historical resources as defined in Public Resources Code
section 5020.1(k), or
☐ ☐ ☐ ☒
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead
agency shall consider the significance of the
resource to a California Native American tribe.
☐ ☐ ☐ ☒

19. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or
storm water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☐ ☐ ☒
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
☐ ☐ ☐ ☒
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
☐ ☐ ☐ ☒
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
☐ ☐ ☐ ☒
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Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?
☐ ☐ ☐ ☒

20. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
☐ ☐ ☐ ☒
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
☐ ☐ ☐ ☒
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a
wildfire or the uncontrolled spread of a wildfire?
☐ ☐ ☐ ☒
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☐ ☐ ☐ ☒
d) Expose people or structure s to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post- fire slope
instability, or drainage changes?
☐ ☐ ☐ ☒

21. MANDATORY FINDINGS OF SIGNIFICANCE . (State CEQA
Guidelines section 15065(a).)

a) Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self -
sustaining levels, threaten
to eliminate a plant or
animal community, substantially reduce the number
or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major
periods of California history or prehistory?
☐ ☐ ☐ ☒
b) Does the project have the potential to achieve short- term environmental goals to the disadvantage of
long-term environmental goals?
☐ ☐ ☐ ☒
c) Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively consider able” means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current project, and the effects of probable future projects.)
☐ ☐ ☐ ☒
d) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
☐ ☐ ☐ ☒
Note: Authority cited: Public Resources Code sections 21083, 21083.05, 21083.09.

Reference: Gov. Code section 65088.4 ; Public Resources Code sections 21073, 21074, 21080(c), 21080.1, 21080.3, 21080.3.1, 21080.3.2, 21082.3, 21083, 21083.3, 21083.5, 21084.2, 21084.3, 21093, 21094, 21095 and 21151; Sundstrom v.

County of Mendocino (1988) 202 Cal.App.3d 296; Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099, 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656.

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EXPLANATION OF ISSUES

The project under consideration only proposes the Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP Official Land Use Plan. In addition, the proposed Zone Changes will amend the City’s Zoning Map in order to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. Here, the project does not permit construction of new structures, nor the introduction of any new uses that were not part of the project description in TOP 2050 SEIR. Therefore, the project will not introduce any impacts beyond those previously analyzed in TOP 2050 SEIR.

1. AESTHETICS. Would the project:

a. Have a substantial adverse effect on a scenic vista?

Discussion of Effects : T
he proposed Project will not have a significant adverse effect aesthetically. As provided in TOP 2050 SEIR, the City of Ontario’s physical setting lends opportunities for many views of the community and surrounding natural features, including panoramic views of the San Bernardino and San Gabriel Mountains and stretches of open space and undeveloped land south of Riverside Drive. TOP 2050 SEIR provides that compliance with TOP Policy CD-1.5 in the Community Design Element will avoid significant impacts to scenic vista by making it the policy of the City to protect public views of the San Gabriel Mountains.

Th
e Project under consideration only proposes the Zone Changes throughout the City (as shown in Figure(s) 3) in order to be consistent with TOP. In addition, the proposed Zone Changes will amend the City’s Zoning Map in order to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. The Project does not permit construction of new buildings and so does not conflict with Policy CD-1.5 in the Community Design Element as it will not alter existing public views of the San Gabriel Mountains. Since no adverse aesthetic impacts are expected, no mitigation is necessary.

Mitigation: N o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

b. Su
bstantially damage scenic resources, including , but not limited to, tress, rock outcroppings and historic buildings within a state scenic highway?

Discussion of Effects : A s provided in TOP 2050 SEIR, the City of Ontario is served by three freeways: I-10, I-15, and SR-60. I-10 and SR-60 traverse the northern and central portion of the City, respectively, in an east–west direction. I-15 traverses the northeastern portion of the City in a north– south direction. These segments of I -10, I-15, and SR -60 have not been officially designated as scenic highways by the California Department of Transportation. Remnants of native vegetation are virtually absent. The general aesthetic character of this project area within OMC is urban and within Ontario Ranch is predominantly agricultural. The Project only proposes the Zone Changes throughout the City (as shown in Figure(s) 3) in order to be consistent with TOP, it will not disturb historic buildings, or any scenic resources identified on or in the vicinity of the Project area.

Th
e proposed Zone Changes will amend the City’s Zoning Map in order to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. No impact on scenic resources would occur as a result of implementation of the Project and no mitigation measures 145
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Page 23 of 54 ends

would be required. In addition, the TOP 2050 SEIR provides that compliance with TOP Policy CD -

1.5, CD-2.5, and CD-4.2 in the Community Design Element will avoid significant impacts to scenic vista by making it the policy of the City to protect scenic resources.

c. S
ubstantially degrade the existing visual character or quality of the site and its surroundings?

Discussion of Effects: A s concluded in TOP 2050 SEIR, implementation of TOP would change the existing visual character but the impacts are not considered significant because T OP policies of the Community Design Element have the common goal of improving the visual quality of the area by developing guidelines to improve future development projects. In addition, Title 9:

Development Code of the City’s Municipal Code, requires that individual development projects submit to site -specific review pursuant to the City of Ontario processes. These design guidelines and standards would regulate the features of buildings and streets that affect the public realm and would guide the physical development of any development project within the City’s boundaries. Therefore, TOP would not substantially degrade the visual character or quality of the City of Ontario. Implementation of the Project would not substantially degrade the existing visual character or quality of the site and its surroundings, as the Project only proposes Zone Changes throughout the City (as shown in Figure(s) 3) in order to be consistent with TOP. In addition, the TOP 2050 SEIR provides that compliance with TOP Community Design Element will avoid significant impacts to the existing visual character or quality of the site and its surroundings.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

d. Cr
eate a new source of substantial light or glare that would adversely affect day or nighttime views in the area?

Discussion of Effects: Th e proposed Project will not increase the amount of light and glare within the City, since it only proposes Zone Changes throughout the City (as shown in Figure(s) 3 ) in order to be consistent with TOP. In addition, as concluded in TOP 2050 SEIR, adherence to the design standards of the City of Ontario Development Code would ensure that light and glare from new developments would be minimized and that significant impacts would not occur. Therefore, the Project will not result in any new, increased or substantially different impacts.

2. A
GRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including 146
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the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:

a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?

Discussion of Effects : Th
e Proposed Project does not contain any agricultural uses. As a result, no adverse environmental impacts are anticipated.

b. C
onflict with existing zoning for agricultural use, or a Williamson Act contract?

Discussion of Effects: Th e sites in the Project are not zoned for agricultural use. There is no Williamson Act contract in effect on any of the subject sites. Therefore, no impacts to agricultural uses are anticipated, nor will there be any conflict with existing or Williamson Act contracts.

c. C
onflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)?

Discussion of Effects : T he City of Ontario does not have any land zoned for forest, timberland, or timberland production.

d. R
esult in the loss of forest land or conversion of forest land to non-forest use?

Discussion of Effects: T here is currently no land in the City of Ontario that qualifies as forest land as defined in Public Resources Code Section 12220(g). Neither The Ontario Plan nor the City’s Zoning Code provide designations for forest land. The proposed project would not result in the loss or conversion of forest land.

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e. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland to non -agricultural use or conversion of forest land to non-forest use?

Dis cussion of Effects : No land in the City of Ontario that qualifies as forest land as defined in Public Resources Code S ection 12220(g). Neither TOP nor the City’s Zoning Code provide designations for forest land. The Project only proposes the Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP. The TOP 2050 SEIR provides that compliance with TOP Environmental Resources Element will avoid significant impacts to loss of farmland. Thus, the proposed Project would not result in conversion of forest land to non-forest use.

Mitigation Required : N o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

3. AI
R QUALITY . Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:

a. Conflict with or obstruct implementation of the applicable air quality plan?

Discussion of Effects: Th
e Project will not conflict with or obstruct implementation of any air quality plan. As noted in TOP 2050 SEIR (Section 5.3 (Air Quality)), pollutant levels in the Ontario area already exceed Federal and State standards. To reduce pollutant levels, the City of Ontario is actively participating in efforts to enhance air quality by implementing Control Measures in the Air Quality Management Plan for local jurisdictions within the South Coast Air Basin.

Th
e Project only proposes the Zone Changes throughout the City (as shown in Figure(s) 3 ) in order to be consistent with TOP. In addition, the proposed Zone Changes will amend the City’s Zoning Map in order to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. TOP 2050 SEIR has addressed short -term construction impacts, however, and adequate mitigation (Mitigation Measure (s) MM 3-1 and AQ-1) have been adopted by the City that will help reduce emissions and air quality impacts. No new impacts beyond those identified in TOP 2050 SEIR would result from Project implementation.

The proposed Project is consistent with The Ontario Plan, for which the SEIR was prepared and impacts evaluated. Furthermore, the project is consistent with the City's participation in the Air Quality Management Plan and, because of the project's limited size and scope, will not conflict with or obstruct implementation of the plan.

Mitigation: No
new mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR. No changes or additions to TOP 2050 SEIR analyses are necessary.

b. Re
sult in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard?

Discussion of Effects:

The Project will not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in non- attainment under an applicable federal or state ambient air quality because of the scope of the project. Although no impacts are 148
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anticipated, the project will still comply with the air quality standards of the TOP 2050 SEIR and the SCAQMD resulting in impacts that are less than significant.

Short term air quality impacts will result from construction related activities associated with construction activity, such as excavation and grading, machinery and equipment emissions, vehicle emissions from construction employees, etc. The daily emissions of nitrogen oxides and particulates from resulting grading and vehicular emissions may exceed threshold levels of the South Coast Air Quality Management District (SCAQMD).

c. Ex
pose sensitive receptors to substantial pollutant concentrations?

Discussion of Effects: The Project proposes Zone Changes throughout the City (as shown in Figure(s) 3) in order to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map in order to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. Adequate mitigation ( Mitigation Measure(s) MM 3 -1 and AQ -1) have been adopted by the City that w ill reduce emissions and air quality impacts to a less -than-significant level. No new impacts beyond those identified in TOP 2050 SEIR would result from Project implementation.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR. No changes or additions to TOP 2050 SEIR analyses are necessary.

d. Re
sult in other emissions (such as those leading to odors adversely affecting a substantial number of people)?

Discussion of Effects: A s discussed in Section 5.3 of TOP 2050 SEIR , the proposed Project is within a non-attainment region of the South Coast Air Basin (SCAB) and any new contribution of emissions into the SCAB would be considered significant and a dverse. The Project only proposes the Zone Changes throughout the City (as shown in Figure(s) 3 ) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. Adequate mitigation (Mitigation Measure (s) MM 3-1 and AQ-1) have been adopted by the City that will reduce air pollutants to a less-than-significant level. No new impacts beyond those identified in TOP 2050 SEIR would result from Project implementation

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

4. BI
OLOGICAL RESOURCES. Would the project:

a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, 149
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policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?

Discussion of Effects: The Project site is located within an area that has not been identified as containing species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service. Therefore, no adverse impacts are anticipated.

Mitigation: N o additional mitigation required. The Project will not result in an y new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

b. H
ave a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations , or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?

Discussion of Effects : Th e Project does not contain any riparian habitat or other sensitive natural community identified by the California Department of Fish & Wildlife or the U.S. Fish & Wildlife Service. Therefore, no adverse environmental impacts are anticipated.

Mitigation: N o add itional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

c. H
ave a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?

Discussion of Effects: N o wetland habitat is present on the Project area . Therefore, Project implementation would have no impact on these resources.

d. I
nterfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?

TO
P 2050 SEIR requires implementation of regulatory and standard conditions of approval to mitigate for impacts to species and project specific CEQA review will be undertaken at the appropriate time. Policy ER -5.1 in the Environmental Resources Element encourages efforts to protect biological resources through the establishment, restoration, and conservation of high - quality habitat areas. Consequently, impacts would be less than significant.

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Mitigation: No additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

e. C
onflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

f. C
onflict with the provisions of an adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved local, regional, or state habitat conservation plan?

Discussion of Effects:

The Project proposes Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. The Project area is not part of an adopted HCP, NCCP or other approved habitat conservation plan. As a result, no adverse environmental impacts are anticipated.

5. C
ULTURAL RESOURCES. Would the project:

a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5?

Discussion of Effects: I mplementation of the Project would not cause a substantial adverse change in the significance of an historical resource as defined in CEQA Guidelines Section15064.5.

The Project proposes the Zone Changes throughout the City (as shown in Figure(s) 3 ) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. In addition, Title 9, Division 4.02.050. Historic Preservation - Certificate of Appropriates and Demolition of Historic Resources of the City of Ontario Municipal Code protects sensitive historical resources of local interest. No new impacts beyond those identified in TOP 2050 SEIR would result from Project implementation.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and 151
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addressed in the Certified TOP 2050 SEIR. No changes or additions to TOP 2050 SEIR analyses are necessary.

b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?

Discussion of Effects: The Project proposes Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. TOP 2050 SEIR (Section 5.5) indicates no archeological sites or resources have been recorded in the City with the Archeological Information Center at San Bernardino County Museum. While no adverse impacts to archeological resources are anticipated at th ese sites due to their urbanized nature, standard conditions will be imposed on future development that in the event of unanticipated archeological discoveries, construction activities will not continue or will moved to other parts of the project site and a qualified archaeologist shall be contacted to determine significance of these resources. If the find is discovered to be historical or unique archaeological resources, as defined in Section 15064.5 of the CEQA Guidelines, avoidance or other appropriate measures shall be implemented.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

c. D
isturb any human remains, including those interred outside of dedicated cemeteries?

Discussion of Effects: The Project proposes Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. Changing zoning does not impact whether human remains may be discovered during future development and the proposed project is in an area that has been previously disturbed by development. No known religious or sacred sites exist within the project area. Human remains are not expected to be encountered during any construction activities; however, in the unlikely event that human remains are discovered, existing regulations, including the California Public Resources Code Section 5097.98, would afford protection for human re mains discovered during development activities. Furthermore, standard conditions will be imposed on future development that in the event that unanticipated discoveries of human remains are identified during excavation, construction activities, the area shall not be disturbed until any required investigation is completed by the County Coroner and/or Native American consultation has been completed, if deemed applicable.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

6. EN
ERGY. Would the project:

a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?

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b. C
onflict with or obstruct a state or local plan for renewable energy or energy efficiency?

7. G
EOLOGY & SOILS. Would the project:

a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving:

i. Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication

42. Discussion of Effects: T here are no active faults known on the site and the Project site is located outside the Fault Rapture Hazard Zone (formerly Alquist -Priolo Zone). TOP SEIR (Section

5.7/Figure 5.7-2) identifies eight active or potentially active fault zones near the City. Given that the closest fault zone is located more than ten miles from the project site, fault rupture within the project area is not likely. All development will comply with the Uniform Building Code seismic design standards to reduce geologic hazard susceptibility. Therefore, no adverse impacts are anticipated.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

ii. St
rong seismic ground shaking?

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Discussion of Effects : The Project proposes Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. There are no active faults known on the site and the project site is located outside the Fault Rapture Hazard Zone (formerly Alquist -Priolo Zone). The Land Use Plan (Figure LU -6) of the Policy Plan (General Plan) SEIR (Section 5.7/Figure 5.7-2) identifies eight active or potentially active fault zones near the City. The closest fault zone is located more than ten miles from the project site. The proximity of the site to the active faults will result in ground shaking d uring moderate to severe seismic events. All construction will be in compliance with the California Building Code, the Ontario Municipal Code, The Ontario Plan and all other ordinances adopted by the City related to construction and safety. Therefore, no adverse impacts are anticipated.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

iii. Sei
smic-related ground failure, including liquefaction?

Discussion of Effects : Th e Project proposes Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. As identified in th e TOP 2050 SEIR (Section 5.7), ground water saturation of sediments is required for earthquake induced liquefaction. In general, groundwater depths shallower than 10 feet to the surface can cause the highest liquefaction susceptibility. Depth to ground water at the project site during the wint er months is estimated to be between 250 to 4 50 feet below ground surface. Therefore, the liquefaction potential within the project area is minimal. Implementation of TOP strategies, Uniform Building Code, and the Ontario Municipal code would reduce impacts to a less than significant level.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

iv
. Landslides?

Implementation of TOP strategies, Uniform Building Code, and the Ontario Municipal Code would reduce impacts to a less than significant level.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

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b. Result in substantial soil erosion or the loss of topsoil?

Discussion of Effects: The Project proposes Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between th e Development Code and TOP. The Project will not result in significant soil erosion or loss of topsoil because of the scope of the Project. Grading increases the potential for erosion by removing protective vegetation, changing natural drainage patterns, and constructing slopes. C ompliance with the California Building Code and review of grading plans by the City Engineer will ensure no significant impacts will occur. In addition, the City requires an erosion/dust control plan for projects located within this area. Implementation of a NPDES program, the Environmental Resource Element of the Policy Plan (General Plan) strategies, Uniform Building Code, and the Ontario Municipal code would reduce impacts to a less than significant level.

c
. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?

Discussion of Effects : Th e Project would not result in the location of development on a geologic unit or soil that is unstable, or that would become unstable because as previously discussed, the potential for liquefaction and landslides associated with the project is less than significant. T OP 2050 (Section 5.7 ) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer. The P roject would not withdraw water from the existing aquifer. Further, implem entation of T OP strategies, Uniform Building Code , and the Ontario Municipal code would reduce impacts to a less than significant level.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

d. Be
located on expansive soil, as defined in Table 18 -1-B of the Uniform Building Code (1994), creating substantial risks to life or property?

Discussion of Effects:

The Project proposes Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. The majority of Ontario, including the Project sites, are located on alluvial soil deposits. These types of soils are not considered to be expansive. Therefore, no adverse impacts are anticipated.

Mitigation: N o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certif ied TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

e. H
ave soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewa ter? 155
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8. G
REENHOUSE GAS EMISSIONS. Would the project:

a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?

As part of TOP 2050 SEIR, The City updated the Community Climate Action Plan (CCAP) .

The CCAP serves as the programmatic tiering document for review of the climate change impacts of projects under CEQA. The 2022 CCAP is included in the TOP 2050 SEIR. The CCAP includes a greenhouse gas inventory baseline for the Year 2019, a future "business -as-usual" projection of greenhouse gas emissions for the Year 2030 and Year 2050, an emissions reduction target consistent with the State's emissions reduction goals , an implementation plan identifying specific measures, and a timeline for implementation of said measures to reach the reduction targets for Year 2030 and Year 2050.

The CCAP is consistent with the CEQA Guidelines for the Reduction of Greenhouse Gas Emissions (California Code of Regulations Section 15183.5). This allows the 2022 CCAP to support and streamline environmental review of GHG emissions for future development projects in the City. Therefore, the Project will not introduce new GHG emissions beyond those previously analyzed in TOP 2050 SEIR.

Mitigation Required : N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously c onsidered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

b. Co
nflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?

Discussion of Effects : Implementation of the Project proposes Zone Changes throughout the City (as shown in Figure(s) 3 ) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. The proposed project is consistent with T OP Goal ER-4 (Air Quality) of improving air qualit y. The implementation of Policy ER -4.3, regarding the reduction of greenhouse gas emissions is in accordance with regional, State, and federal regulations. 156
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9. HAZ
ARDS & HAZARDOUS MATERIALS. Would the project:

a. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials?

b. C
reate a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?

Discussion of Effects: Th
e Project proposes th Zone Changes throughout the City (as shown in Figure(s) 3) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. The Project does not include the use of hazardous materials or volatile fuels. Therefore, no adverse impacts are anticipated.

c. Em
it hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school?

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d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?

Discussion of Effects: Th e proposed Project site is not listed on the hazardous materials site compiled pursuant to Government Code Section 65962.5. Therefore, the Project would not create a hazard to the public or the environment and no impact is anticipated.

e. For
a project located within the safety zone of the airport land use compatibility plan for ONT or Chino Airports, would the project result in a safety hazard for people residing or working in the project area?

Discussion of Effects: A ccording to Land Use Element (Exhibit LU -06 Airport Safety Zones & Influence Areas) of TOP, the proposed site is located within the airport land use plan ; however, the Project will not result in a safety hazard for people working or residing in the Project area because it will not obstruct aircraft maneuvering. The Project proposes Zone Changes throughout the City (as shown in Figure(s) 3 ) to be consistent with TOP. The proposed Zone Changes will amend the City’s Zoning Map to reflect policies and implementation measures specified in TOP and, pursuant to Government Code Section 65860, provide consistency between the Development Code and TOP. Additionally, the ALUCP identifies the Project area to maintain uses as normally accepted in the 60 -65 and 65-70 CNEL. It is the policy of the City to coordinate with the airport authorities to ensure that the Proposed Land Use Plan is consistent with the adopted master land use plans and land use compatibility plans for the Chino Airport and Ontario International Airport ( ONT) pursuant to Land Use Element Policy LU -5.2. Therefore, the Project will not result in adverse impacts.

Mitigation: N
o additional mitigation required. The Project will not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified TOP 2050 SEIR . No changes or additions to TOP 2050 SEIR analyses are necessary.

f. F
or a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?

Discussion of Effects : Th e project site is not located within the vicinity of a private airstrip.

Therefore, no impacts are anticipated.

g. I
mpair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?

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Ontario City CouncilApril 18, 2023

Ontario City Council
April 18, 2023