303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420
LAND DEVELOPMENT DIVISION
CONDITIONS OF APPROVAL
Date Prepared: 4/7/2023
File No: PZC23-001
Related Files: PSPA22-008
Project Description: A request to establish the SP(AG) zoning district on the project site, in conjunction with a request to amend the South Ontario Logistics Center Specific Plan, including map and textual changes to remove a portion of the Specific Plan (File No. PSPA22 -008). The Project site is generally located south of Eucalyptus Avenue, north of Merrill Avenue, west of Bon View Avenue, and east of Campus Avenue . (APNs: 1054-051-01, 1054-051-02, 1054-061-01, 1054- 061-02, 1054 -251-01, 1054 -251-02, 1054 -301-01, and 1054 -301-02); submitted by Grove Land Venture, LLC.
Prepared By: Alexis Vaughn, Associate Planner
Phone: 909.395.2416 (direct)
Email: [email protected]
The Planning Department, Land Development Section, conditions of approval applicable to the above-described Project, are listed below. The Project shall comply with each condition of approval listed below:
1.0 Standard Conditions of Approval. The project shall comply with the Standard Conditions for New Development, adopted by City Council Resolution No. 2017-027 on April 18, 2017. A copy of the Standard Conditions for New De velopment may be obtained from the Planning Department or City Clerk/Records Management Department.
2.0 Special Conditions of Approval. In addition to the Standard Conditions for New Development identified in condition no. 1.0, above, t he project shall comply with the following special conditions of approval:
2.1 Signs.
(a) All Project signage shall comply with the requirements of Ontario Development Code Division 8.1 (Sign Regulations).
(b) On-site posting of public noticing shall be provided p ursuant to Code Section 2.03.010.C.4, which consists of one or more large, 6 -foot-tall, freestanding public notification signs. The sign face shall measure 4 feet tall by 8 feet wide, in a format approved by the Planning Director. The sign shall be posted no later than ten calendar days prior to the Planning Commission hearing date and removed no later than fourteen calendar days following the City Council hearing date, unless otherwise required by the Planning Director. The format is available on the City’s website.
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Planning Department – Land Development Division
Conditions of Approval
File No.: PSPA22-008
2.2 Indemnification. The applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul any approval of the City of Ontario, whether by its City Council, Planning Commission or other authorized board or officer. The City of Ontario shall promptly notify the applicant of any such claim, action or proceeding, and the City of Ontario shall cooperate fully in the defense.
2.3 Additional Fees.
(a) Within 5 days following final application approval, the Notice of Determination (“NOD”) filing fee shall be provided to the Planning Department. The fee shall be paid by check, made payable to the "Clerk of the Board of Supervisors", which shall be forwarded to the San Bernardino County Clerk of the Board of Supervisors, along with all applicable environmental forms/notices, pursuant to the requirements of the California Environmental Quality Act (“CEQA”). Failure to provide said fee within the time specified will result in the extension of the statute of limitations for the filing of a CEQA lawsuit from 30 days to 180 days.
2.4 Related Applications. Zone Change (File No. PZC23-001) approval shall not be final and complete until such time that related File No. PSPA22-008 has been approved by the City Council.
187
Department: Utilities
Prepared By: Thomas Lambertson
Staff Member Presenting:
Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:
A PROFESSIONAL DESIGN SERVICES AGREEMENT FOR THE EUCLID AVENUE
RECYCLED WATER PROJECT
CITY OF ONTARIO
Agenda Report
June
6, 2023
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council approve and authorize the City Manager or designee to execute a Professional Services Agreement (on file in the Records Management Department) with Ardurra Group Inc. of Newport Beach, California, to design and provide bid support services for the Euclid Avenue Recycled Water Project for a total not-to-exceed amount of $1,179,747 and a term ending February 1, 2025.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:
The State Water Resources Control Board (SWRCB) Division of Financial Assistance (DFA) has awarded $10 million in grant funding to the City for the Euclid Avenue Recycled Water project through the California General Fund (AB-179). The grant application filing was approved by the City Council on February 7, 2023. Additionally, the City has applied for other grant funding opportunities related to this project. Any grant proceeds that are awarded will be appropriated to the Water Capital Fund following executed grant agreements in future Quarterly Budget Update Reports to the City Council.
Funding for this agreement will be appropriated from the Water Capital Fund in the next Quarterly Budget Update Report to the City Council and the City will seek reimbursement through eligible grant funding. There is no impact to the General Fund.
BACKGROUND & ANALYSIS:
The City’s adopted 2020 Urban Water Management Plan identifies the use of recycled water as part of Ontario’s plan for providing a long-term sustainable water supply to the City. Developing recycled water service reduces the City’s reliance on imported water supplies 188
and is not subject to the same drought conditions as other potable supplies. The City’s adopted Recycled Water Master Plan includes a Capital Improvement Program for enhancements to the recycled water system, which is used for irrigation and industrial applications approved by the California SWRCB Division of Drinking Water.
The Euclid Avenue Recycled Water Project is planned to establish a network of transmission and distribution main lines that will deliver recycled water to an area approximately bounded by Vineyard Avenue and the Inland Empire Utilities Agency (IEUA) Regional Water Recycling Plant No. 1 (RP-1) to the east, the Euclid Avenue Median and G Street to the north, Oaks Street and Homer Briggs Park to the west, and Riverside Drive to the south. The work will consist of several phases of construction (Exhibit A) and total up to 13 miles of 8-inch to 24-inch pipe to irrigate street corridors, schools, parks, and other developments.
The initial phase of the Project includes new proposed pipelines that will deliver recycled water for irrigation use in the Euclid Avenue median north of Holt Boulevard to G-Street, James Bryant Park, and the City Civic Center. Existing irrigation facilities at those locations currently utilize potable water and will be retrofitted to use recycled water. A 24-inch recycled water transmission main will also be designed on Riverside Drive from the IEUA Regional Water Recycling Plant No. 1 to Euclid Avenue for irrigation use and to supply future recycled water use projects. Both segments of the Project require coordination with IEUA. As a result, final alignments and end-users may be subject to change for this initial phase.
Professional design services includes a preliminary design report with CEQA document updates, completed construction documents and estimates, and construction bidding support services.
On April 4, 2023, the City received the following three qualified proposals in response to the Request for Proposals (RFP) for the Euclid Avenue Recycled Water Project, OMUC Contract No.
UT1072:
Proposer Location Albert A. Webb Associates Riverside, CA Ardurra Group Inc. Newport Beach, CA K&A Engineering Inc. Corona, CA A review team consisting of OMUC Staff reviewed the proposals and made their recommendations based upon qualifications, understanding of the City’s needs, history of completing similar projects, and criteria specified in the RFP. After careful evaluation, Ardurra Group, Inc. of Newport Beach, California, was selected as the best overall qualified respondent. 189
190
Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting:
Colin Fernandes, Executive Director Information
Technology
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT:
AN AMENDMENT TO THE AGREEMENT TO RENEW THE SUBSCRIPTION FOR THE
AIRHUB PREMIUM PLAN WITH AIRSPACE LINK, INC
CITY OF ONTARIO
Agenda Report
June
6, 2023
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize the City Manager or his designee to execute Amendment No.1 to the current Agreement (on file with the Records Management Department) with Airspace Link, Inc., Detroit, Michigan, for the Airhub Premium Subscription Renewal, in the amount not-to-exceed $384,000.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT:
The Fiscal Year 2022-23 Adopted Budget includes appropriations from the Information Technology Fund for the annual subscription renewal for Airspace Link, Inc. The proposed Amendment term to the Subscription Agreement will be for one (1) additional year, with an optional renewal period for two (2) years and, increases the authorized contract amount by $288,000, which includes $96,000 for year one, $96,000 for year two, $96,000 for year three and $96,000 for year four. The fixed billing rates specified in the current Agreement will determine the amount charged for services and reflect the actual services provided. If approved, appropriations will be added to the future years' budgets consistent with the annual budget adoption process.
BACKGROUND & ANALYSIS:
Since April 2021, the City of Ontario has partnered with Airspace Link, a Detroit-based drone management company to manage drone flights and assist with planning for the future of drones in the City. Airspace Link provides the City with a digital system that integrates with the Federal Aviation Administration's (FAA) Low Altitude Authorization and Notification Capability (LAANC) program. The system allows for real-time communication and coordination between drone pilots and the City enabling safe and legal drone flights within the controlled airspace.
Airspace Link has achieved several notable accomplishments since partnering with the City of Ontario. One of the most significant achievements has been working with the City and the Ontario Police Department to build their drone programs which integrates into the City Real-Time 191
Information Center. Airspace Link has also completed a city-wide Drone Readiness Assessment which helped the City better understand its current capabilities and future use cases. The assessment allowed the City to identify potential challenges and opportunities related to drone usage and take necessary steps to prepare for their adoption.
The partnership also includes the use of Geographic Information Systems (GIS) to create a digital map of the City's airspace which is used to manage and track drone flights. The map shows all controlled airspace including the areas around the airport, and provides information on any temporary flight restrictions or other restrictions that may be in place. The map is constantly updated to ensure that all drone pilots have access to the most up-to-date information on where and when they can fly.
Through this partnership the City of Ontario is leading the way in managing drone flights and planning for the future of drones in the City. By leveraging Airspace Link's expertise and GIS technology's power, the City can ensure safe and legal drone operations while fostering innovation and growth in the drone industry. Staff requests City Council approval to amend the original agreement with a term of one-year to include an additional one-year with an optional two one-year extension for a total of four years and a not-to-exceed amount of $384,000.
192
Department: Municipal Services
Prepared By: Cynthia Heredia-Torres
Staff Member Presenting:
Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT:
A CONSTRUCTION CONTRACT FOR INTERIM FIRE STATION 11
CITY OF ONTARIO
Agenda Report
June
6, 2023
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute a Construction Contract with Wakeco, Inc. of Temecula, California, to provide construction services for Contract No. D&C22-011 Interim Fire Station 11 in the amount of $1,716,966;
B
.
Authorize a 15% project contingency of $257,545, for a total contract amount not-to-exceed $1,974,511; 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 agreements, assessments, easements, lot line adjustments, reduction of retention accounts, contracts and contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Maintain the Current High Level of Public Safety
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 recommended contract award to Wakeco, Inc. is for the bid amount of $1,716,966 plus a 15% contingency of $257,545, for a total contract amount not-to-exceed $1,974,511. The Fiscal Year 2022-23 Current Budget includes appropriations in the Fire Impact Fund.
BACKGROUND & ANALYSIS:
The National Fire Protection Association (NFPA) standard, Standard 1710, states that 90% of the time a travel time standard of 4 minutes or less should be maintained.
Currently, in certain sections of the Ontario Ranch, Ontario’s Fire Department travel response time is between 7 and 11 minutes, which is double the NFPA standard. A fire station is needed with the 193
growth of residential and commercial buildings in the region, including Amazon which is staffing its new distribution center with approximately 500 new employees to the area.
Interim Fire Station 11 will be located on the southeast corner of Eucalyptus Avenue and Bon View Avenue with one new prefabricated dorm/mobile structure and 3 existing prefabricated structures, which are currently located at 2 separate sites. The Sprung structure and mobile dorm structure from Fire Station 9 and the existing Butler building structure from Fire Station 3 will be dismantled and transported to the project site to be installed. Interim Fire Station 11 will house 8 personnel, one fire paramedic engine, and one fire truck.
On May 18, 2023, three (3) bids were received for bid No. 1650 - D&C22-011 Interim Fire Station 11.
The bids ranged from $1,716,966 to $2,384,271. The bids are summarized below:
BIDDER
LOCATION
AMOUNT
Wakeco, Inc.
Temecula, CA
$1,716,966
R.C. Construction Services, Inc.
Rialto, CA
$2,221,227
MLC Constructors, Inc.
Corona, CA
$2,384,271
Staff recommends awarding the bid to Wakeco, Inc. located in Temecula, California, based on their expertise, credentials, favorable reference checks, ability to perform the work in a timely manner, and their successful completion of this type of work in the past. Once the contract is awarded, Staff anticipates Interim Fire Station 11 becoming operational by August 2023. 194
Department: Police Department
Prepared By: Lizceth Zazueta
Staff Member Presenting:
Mike Lorenz, Chief of Police
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 20
SUBJECT:
AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN THREAT ASSESSMENT CONSULTING INC. (A.T.A.C.)
CITY OF ONTARIO
Agenda Report
June
6, 2023
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That City Council authorize the City Manager or his designee to execute Amendment No. 6 to the Professional Services Agreement (on file in the Records Management Department) with American Threat Assessment Consulting Inc. (A.T.A.C.) of Rancho Cucamonga, California to extend the current funding threshold and add additional work and funding to accommodate the purchase of cameras and Facial Recognition Software upon receiving approval from Cal OES through a non-competitive procurement request.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:
The recommended Amendment increases the authorized contract of $229,500 by $1,303,000. The Fiscal Year 2022-23 includes appropriations of $100,000 in the Information Technology Fund and $1,203,000 in the Grant Fund. This brings the total not-to-exceed contract amount to $1,532,500. Appropriations for future fiscal years will be included in the respective fiscal years' budgets for City Council consideration and approval.
BACKGROUND & ANALYSIS:
On April 4th, 2023 the City of Ontario and A.T.A.C entered Amendment No. 5 adding additional compensation and terms. Amendment No. 6 will increase funding for an additional $100,000 to the Information Technology Agency to support, install, and maintain services for the City's security cameras city-wide.
In addition, the Ontario Police Department is adding two (2) additional compensations and terms to accommodate the purchase and installation of cameras to implement a Facial Recognition Project and associated camera networks at the Ontario International Airport upon receiving approval from Cal OES through a Non-Competitive Procurement Request.
The City Council previously approved the acceptance of grant funding on April 19th, 2022, for UASI FY 2020 for $603,025 and again on August 16th, 2022 for $600,000 for UASI FY 2021. 195
A.T.A.C has previous experience in implementing similar projects with a high-level of expertise, providing satisfactory performance, and offering the best value to the City in price and services while meeting grant funding deadlines. City Staff recommends entering into Amendment No. 6 to support the City's security cameras city-wide and the Facial Recognition Project and associated camera networks at the Ontario International Airport.
196
Department: Utilities Customer Services
Prepared By: Claudia Hernandez
Staff Member Presenting:
Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 21
SUBJECT:
INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 8B, OF TITLE 6, SECTIONS 6-8.49 AND 6-8.50 OF THE ONTARIO MUNICIPAL CODE RELATING TO
COLLECTION AND PAYMENT AND THE DISABLED PERSON'S AND SENIOR
CITIZEN'S DISCOUNT
CITY OF ONTARIO
Agenda Report
June
6, 2023
SECTION:
ADMINISTRATIVE
REPORTS/DISCUSSION/ACTION
RECOMMENDATION:
That the City Council introduce and waive further reading of an Ordinance amending Chapter 8B, of Title 6, Sections 6-8.49 and 6-8.50, of the Ontario Municipal Code relating to Collection and Payment and the Disabled Person's and Senior Citizen's Discount.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT:
There is no new fiscal impact anticipated from the proposed updates to Section 6–
8.49 relating to the collection and payment provisions of the Ontario Municipal Code.
The annual fiscal impact to fund the Disabled Person’s and Senior Citizen’s Low-income Discount program will be subject to future City Council approved budgets and the number of eligible participants that meet the program qualifications, currently anticipated to be approximately $200,000 per year, and will be shared between the Utility Enterprise Funds and the General Fund.
BACKGROUND & ANALYSIS:
Staff recommends changes to Section 6-8.49 of the Ontario Municipal Code, Collection and Payment, and updating the administrative policies and procedures for the City’s utility bills.
The recommended changes include updating bill due dates, criteria for when an account becomes past due, when late charges and penalties are assessed, and the processes for discontinuation of water services for non-payment for residential and commercial customers in order to comply with the California Water Shutoff Protection Act (SB 998).
In compliance with the State mandated water shutoff moratorium and as a requirement of participating in financial assistance programs such as the California Arrearage Payment Program (CAPP) and the Low Income Household Water Assistance Program (LIHWAP) funded by the 197
American Rescue Plan Act (ARPA) on behalf of the City’s utility customers, late fees and penalties have not been charged during the COVID-19 pandemic. These financial assistance programs have provided over $2 million in direct utility bill payment assistance to the City’s utility customers to date, but most of the programs are set to end later this year. Updating the City’s program guidelines to resume charging and collecting late fees would coincide with the state rescinding the California COVID-19 state of emergency and the federal end to the COVID-19 national public health emergency.
Staff also recommends amending Municipal Code, Section 6-8.50, Chapter 8B, Disabled Person’s and Senior Citizen’s Discount, and updating the administrative policies and procedures regarding the funding, income qualifications, and other qualifying requirements and operational guidelines to provide and administer these discounts more effectively. Currently, the Ontario Municipal Code provides for eligible households to receive a 10% discount on monthly utility charges for water, wastewater, refuse, and storm water pollution abatement fees. Additionally, the income qualification guidelines were established in 2003 but do not include a mechanism for annual inflationary adjustments.
The goal of providing these discounts is to assist disabled and senior low-income residents by making their utility bills more affordable so that they will be more able and more likely to stay current with their payments. This is also a financial and resource benefit to the City as it helps avoid costly “turn off” and “turn on” services and delinquent bill collection services. However, the annual household income requirements included in the Ontario Municipal Code are outdated and not in line with other similar program requirements. Updating the income qualifications to match those included in SB 998 and similar programs offered by other cities and utilities, such as Southern California Edison and Southern California Gas Company, will allow for more participation by the City’s disabled and senior customers. Another recommendation is to change the discount from a percentage to a flat $15 per month, similar to the current average monthly discount for these customers, in order to streamline program administration and to help promote water conservation goals.
198
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 8B (WATER SERVICES) OF TITLE 6 (SANITATION AND HEALTH) OF THE ONTARIO MUNICIPAL CODE,
RELATING TO WATER ACCOUNTS, PAYMENTS, AND SENIOR /
DISABLED DISCOUNTS.
WHEREAS, Chapter 8B of Title 6 of the Ontario Municipal Code contains provisions relating to water service accounts, payments, and a senior/disabled discount program available to certain customers of the Ontario Municipal Utilities Company; and WHEREAS, in 2018, the California Legislature adopted Senate Bill 998 (“SB 998”) which adopted new and expanded protections regarding discontinuation of residential water service for nonpayment and related matters; and
WHEREAS, the City previously adopted an administrative policy pursuant to SB 998 and desires to make related changes to the Municipal Code provisions concerning water service accounts and payments, including residential and non- residential delinquencies, and other water customer account procedures; and WHEREAS, the City also desires to update the provisions of its Disabled Person's and Senior Citizen's Discount Program established under the Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance.
SECTION 2. Subsections (n) through (p), inclusive, of Section 6-8.45 of Chapter 8B (Water Services) of Title 6 (Sanitation and Health) of the Ontario Municipal Code are hereby amended and reordered to read as follows:
(n) Single-family residential” means all developed parcels with one (1) single-family detached housing unit, and/or any single-family residential unit that is served water by an individual water meter.
(o) Utilities Customer Services Department” means the Utilities Customer Services Department of the Municipal Utilities Company. (p) Utilities Customer Services Director” means the Director of the Utilities Customer Services Department of the Municipal Utilities Company, or his or her authorized representative.
SECTION 3. Section 6-8.49 of Chapter 8B (Water Services) of Title 6 (Sanitation and Health) of the Ontario Municipal Code is hereby amended to read as follows:
199
Sec. 6-8.49. Collection and payment.
(a) Unified billing system. The City may use a unified billing system for City-furnished services. The charges for water, refuse, storm water abatement, and wastewater services may be billed on the water bill and collected as one (1) item. Failure to pay the amount due in full for any of the services may result in the discontinuation of water services as provided below.
(b) Utility bill payment. Utility bills shall be due and payable to the Utilities Customer Services Department on the bill date to the customer of record. Any utility bill remaining unpaid eighteen (18) business days after such bill date shall be deemed past due and a late charge and penalties will be applied as set forth in §§ 1-2.06 and 1-2.07 of the Ontario Municipal Code. Should a residential account remain unpaid for a period of sixty (60) calendar days from the past due date, water service to the property may be disconnected for nonpayment after the City provides notice pursuant to the City’s administrative policy on discontinuation of residential water service, described in paragraph (c) below. Should a non-residential account remain unpaid from thirty (30) calendar days from the past due date, water service to the property may be disconnected for non-payment after mailed notice to the customer of record at least ten (10) calendar days prior to termination.
Residential water customers may contest or appeal a bill in the manner described in the City’s adopted policy for discontinuation of residential water service.
Non-residential customers may contest or appeal a bill using the same dispute and appeal procedures described in the policy for discontinuation of residential water service. (c) Disconnection of Residential Water Service. The City Manager may adopt and amend a written administrative policy on discontinuation of residential water service for nonpayment pursuant to Section 6-8.46, and such policy shall be available on the City’s website. Such policy may include, but may not be limited to, supplementary provisions concerning billing procedures, discontinuation of service, notification procedures, restoration of service, procedures to contest or appeal a bill, extensions or other alternative payment arrangements, protections available to qualified low-income customers, procedures for becoming a customer of the City under specified circumstances, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this chapter, this chapter shall control. Except as expressly provided in this section or the policy, the policy shall not apply to non-residential customers.
(d) Water turn on/off. Once terminated, service shall not be turned on again except upon payment of all amounts due on the utility account, including all late charges and penalties, and the cost of making a service call to turn the water off and/or on. The fee to cover the cost of making a service call to turn the water off and/or on shall be set forth in an ordinance adopted by the City Council. Residential customers who demonstrate a household income below 200 percent of the federal poverty line may be eligible for reduced turn-on fees pursuant to applicable law and as further described in the City’s policy on discontinuation of residential water service. 200
(e) Customer liability. Failure to receive a bill shall not relieve the customer of liability. Any amount due shall be deemed a debt to the City, and is subject to the provisions set forth in §§ 1-2.06 and 1-2.07 of the Municipal Code. (f) Special bill rate. Special bills, split bills, any other irregular bills, or bills covering irregular billing periods, shall be calculated by the Municipal Utilities Company; provided, however, the adjusted rate so made shall be reasonable in accordance with the rate schedule set forth in this section. (g) Determination of minimum charges. For the purpose of determining minimum charges as set forth in this section, each separate meter connected to the water system shall be charged on individual readiness-to-serve meter fee and commodity charge.
SECTION 5. Section 6-8.50 of Chapter 8B (Water Services) of Title 6 (Sanitation and Health) of the Ontario Municipal Code is hereby amended to read as follows:
Sec. 6-8.50. Disabled person's and Senior Citizen's discount. (a) Disabled person defined. A “disabled person” for the purposes of this section is an adult who has a mental or physical disability that, in the opinion of a licensed physician, renders him or her incapable of being gainfully employed. (b) Eligible household. An eligible household for the purpose of this section is a separately billed dwelling unit, which (1) is occupied by a person age sixty-five (65) or older or by a disabled person, and (2) has annual gross household income at or below 200% of federal poverty level. The City may establish detailed qualifications and requirements for demonstrating annual gross household income in a written administrative policy adopted pursuant to Section 6-8.46. (c) Applications. Applications for an eligible household discount shall be submitted in writing to the Utilities Customer Services Director. The application shall be on a form provided by the Utilities Customer Services Director, shall be completed to show the information elicited by the form and shall be signed under penalty of perjury by the applicant. When the discount is sought based upon a disabled person, the application shall be accompanied by a physician’s certificate stating that the person is a disabled person within the meaning of subsection (a) of this section. The Utilities Customer Services Director shall determine whether a household is an eligible household for the purpose of this section and his or her determination shall be final. (d) Discount. The charges for water, refuse and wastewater service provided to an eligible household shall be discounted by an amount approved by the City Council pursuant to an ordinance or resolution. The discount shall be available only to customers with individually metered residential water service. The discount shall be in effect for a one (1) year period, which shall begin as determined by the City Council (e.g., upon approval of an individual application, upon the start of the following fiscal year, etc.).
To renew the discount for an additional year, the customer must complete and return a renewal application to the City's Utilities Customer Services Department. A renewal notice 201
shall be mailed to the Customer with the utilities bill at or before the end of each year of eligibility. The discount offered under this subsection is subject to City Council approval through the annual budget process and the availability of funds allocated to fund the discount.
(e) Termination of eligibility. A household shall no longer be an eligible household if the Utilities Customer Services Department does not receive a renewal application, if any of the eligibility criteria set forth in subsection (b) cease to exist, or if funds to provide the discount are unavailable pursuant to subsection (d).
SECTION 6. Subsection (a) of Section 6-8.52 of Chapter 8B (Water Services) of Title 6 (Sanitation and Health) of the Ontario Municipal Code is hereby amended to read as follows:
(a) Application for service. Before water is turned on by the City for any purpose, the consumer shall apply for new service, at least one (1) business day before desired date of service, in which he or she guarantees payment of future utility bills for the service requested. The customer applying for service shall be held responsible for said utility bills until the service is discontinued on the next business day after the City is notified to discontinue service. Charges for service may be required to be paid until the requested date of discontinuance or such later date that providing for the one (1) business day advance notice requirement. When such notice is not received by the City, the customer shall be required to pay for service until one (1) business day after the City has knowledge that the customer has vacated the premises or otherwise discontinued service. No tenant applying for residential utility services shall be required to pay any charges or penalties on account of non-payment of charges by a previous tenant. The City may require that tenants seeking to establish service provide a written lease or rental agreement along with signed authorization from the landlord or property owner to ensure that the tenant is authorized to occupy the property and initiate utility services; provided, however, that the City will not require that service to tenants be furnished on the account of the landlord or property owner unless the property owner voluntarily agrees to that requirement in writing by completing a consent form provided by the City. The City shall require an applicant for utility services or restoration of services after turn-off for a delinquent bill to make an advance payment equal to twice the estimated monthly bill for water, refuse and wastewater services, provided that no such advance payment shall be less than Eighty Dollars ($80.00).
SECTION 7. If any section, sentence, clause, or phrase of this Ordinance of the application thereof to any entity, person, or circumstance is held for any reason to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases by declared invalid or unconstitutional. 202
SECTION 8. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).
SECTION 9. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.
SECTION 10. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this _______ day of __________, 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _________ was duly introduced at a regular meeting of the City Council of the City of Ontario held June 6, 2023, and adopted at the regular meeting held ___________, 2023 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. ______ duly passed and adopted by the Ontario City Council at their regular meeting held __________ and that Summaries of the Ordinance were published on ___________ and ____________, in the Inland Valley Daily Bulletin newspaper.
_____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
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