Ontario City Council
June 20, 2023

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
JUNE 20, 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 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION: Agustin Martinez v.

City of Ontario, and Does 1-10, inclusive, U.S. District Court, Central District of California, Case No. 5:21-cv-01099-JGB-SP
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: 1048-363-01; 434 North Euclid Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Faisal Afsari; 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: 20230620 Closed Session
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 0218-101-03, 0218-101-04, 0218-101-05, 0218-101-06; Southeast Corner Riverside Drive and Vineyard Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: JCLIN INVESTMENT LP; Under negotiation: Price and terms of payment GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 0218-111-08, 0218-111-11, 0218-111-12, 0218-111-49, 0218-111-50; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: 15 Dairy River LLC; Under negotiation: Price and terms of payment GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0218-111-06; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Sanchez Family Trust; Under negotiation: Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0218-111-05; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Raymundo Flores; Under negotiation:

Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 0218-111-04, 0218-111-45; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Ontario WF Farm LLC; Under negotiation: Price and terms of payment

PLEDGE OF ALLEGIANCE
Council Member Bowman

INVOCATION
Senior Pastor Gresford A. Thomas, Ontario Seventh-Day Adventist Church

REPORT ON CLOSED SESSION
City Attorney

SPECIAL CEREMONIES
ONTARIO 5K REINDEER RUN & RUDOLPH'S DASH CHECK PRESENTATION TO ONTARIOMONTCLAIR SCHOOLS FOUNDATION That the City Council present the Ontario-Montclair Schools Foundation with a check for the proceeds of the 2022 Ontario 5K Reindeer Run & Rudolph's DASH.

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: 20230516 Minutes (Not official until approved)

2. BILLS & PAYROLL

3. ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE PUBLIC COMMENTS 6:30 P.M.

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

To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

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

CONSENT CALENDAR
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.

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

Minutes for the regular meetings of the City Council and Housing Authority of May 16, 2023 and approving same as on file in the Records Management Department.

Bills May 19, 2023 through June 1, 2023, and Payroll May 7, 2023 through May 20, 2023 when audited by the Finance Committee.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2023-24 ATTACHMENT: OPMAD Levy^01 EXH A
ATTACHMENT: OPMAD Levy^02 Vicinity Maps
ATTACHMENT: OPMAD Levy 03 RESO - Ordering Engineer Report^RM ATTACHMENT: OPMAD Levy^04 Boundary Maps
ATTACHMENT: OPMAD Levy^05 RESO - Approving Engineer Report^RM ATTACHMENT: OPMAD Levy^06 RESO - Intention to Levy 1, 2, and 3^RM ATTACHMENT: OPMAD Levy^07 RESO - Intention to Levy 4^RM That the City Council adopt Resolutions pertaining to the levy of assessments within Ontario Parkway Maintenance Assessment District (OPMAD) Nos. 1, 2, 3 and 4:

A. A Resolution initiating proceedings and ordering the preparation of an Engineer’s Report for each district relating to the annual levy of assessments; B. A Resolution giving preliminary approval of the Engineer’s Report; C. A Resolution for District Nos. 1, 2 and 3, and a Resolution for District No. 4, declaring the City’s intention to levy the special assessments for Fiscal Year 2023-24 and set the date of July 18, 2023, for a Public Hearing on each district in accordance with the Landscaping and Lighting Act of 1972.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ORDERING THE PREPARATION OF THE ASSESSMENT ENGINEER’S REPORTS PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND

HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE

ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2023-24.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER’S REPORTS FOR THE ANNUAL LEVY OF

ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2023-24.

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

DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023-24 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

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

DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023-24 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 4. ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2023-24
ATTACHMENT: SLMD Levy^01 Levy Table
ATTACHMENT: SLMD Levy^02 Vicinity Maps
ATTACHMENT: SLMD Levy^03 - Ordering Engineer Report^RESO^RM ATTACHMENT: SLMD Levy^04 Boundary Maps
ATTACHMENT: SLMD Levy^05 - Approving Engineer Report^RESO^RM ATTACHMENT: SLMD Levy^06 - Intention to Levy SLMD 1^RESO^RM ATTACHMENT: SLMD Levy^07 - Intention to Levy SLMD 2^RESO^RM That the City Council adopt Resolutions pertaining to the levy of assessments within Street Lighting Maintenance District (SLMD) Nos. 1 and 2:

A. A Resolution initiating proceedings and ordering the preparation of an Engineer’s Report for each district relating to the annual levy of assessments; B. A Resolution giving preliminary approval of the Engineer’s Reports; and C. A Resolution for each district declaring the City’s intention to levy the special assessments for Fiscal Year 2023-24 and set the date of July 18, 2023, for a Public Hearing on each district in accordance with the Landscaping and Lighting Act of 1972.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ORDERING THE PREPARATION OF THE ASSESSMENT ENGINEER’S REPORTS PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND

HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE

ANNUAL ASSESSMENT LEVY WITHIN ONTARIO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND NO. 2 FOR FISCAL YEAR 2023-24.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER’S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND NO. 2 FOR FISCAL YEAR 2023-24.

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

DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023-24 IN ONTARIO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

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

DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023-24 IN ONTARIO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 5. DECLARATION AND DISPOSITION OF SURPLUS REDEMPTION FUNDS IN ASSESSMENT DISTRICTS 106 AND 108
ATTACHMENT: AD 106 Disposition and Declaration of Surplus Funds^01^RESO^RM ATTACHMENT: AD 108 Disposition and Declaration of Surplus Funds^02^RESO^RM ATTACHMENT: Assessment District Surplus Table^03 Exh A
ATTACHMENT: AD 106 Map^01A EXH B Back-Up Boundary Map
ATTACHMENT: AD 108 Map^02A EXH B Back-Up Boundary Map

6. AN AGREEMENT FOR THE OPERATIONS AND MAINTENANCE OF THE WEST VALLEY

CONNECTOR BUS RAPID TRANSIT PROJECT

7. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH CITRUS MOTORS ONTARIO, INC. FOR THE PROCUREMENT OF FORD OEM PARTS AND SERVICES

8. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH SOUTHERN COUNTIES

LUBRICANTS LLC FOR THE PROCUREMENT OF FLEET OILS, LUBRICANTS, AND COOLANTS That the City Council consider and adopt the attached resolutions declaring surplus amounts remaining in the redemption funds of Assessment Districts 106 and 108, and further resolve that the surplus funds for these districts be used for maintenance (capital replacement) of the public improvements funded by the districts.

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

MAKING A DETERMINATION REGARDING SURPLUS AMOUNTS REMAINING IN AND FROM AND REDEMPTION FUND OF ASSESSMENT DISTRICT NO. 106 AND DIRECTING THE DISPOSITION OF SUCH SURPLUS AMOUNTS.

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

MAKING A DETERMINATION REGARDING SURPLUS AMOUNTS REMAINING IN AND FROM AND REDEMPTION FUND OF ASSESSMENT DISTRICT NO. 108 AND DIRECTING THE DISPOSITION OF SUCH SURPLUS AMOUNTS.

That the City Council approve an Agreement (on file in the Records Management Department) with Omnitrans for the operations and maintenance of the West Valley Connector Bus Rapid Transit Project; and authorize the City Manager or designee to execute said Agreement, future amendments and related documents.

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 4 to the Goods & Services Agreement (on file with the Records Management Department) with Citrus Motors Ontario, Inc., of Ontario, California, for the procurement of Ford original equipment manufacturer parts and repair services, exercising the final one-year extension of the Agreement, and extending the term of the Agreement to June 30, 2024, in an amount not-to-exceed $150,000.

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 3 (on file with the Records Management Department) to the Goods and Services Agreement with Southern Counties Lubricants LLC, of Orange, California, in the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 9. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH FUEL SERV, INC. FOR

ON-CALL GARAGE AND FUEL SITE MAINTENANCE AND REPAIR SERVICES

10. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH DANIELS TIRE SERVICE

FOR TIRE REPAIR AND RETREADING

11. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH DANIELS TIRE SERVICE

FOR THE PROCUREMENT OF NEW TIRES AND TIRE CASINGS

12. AMENDMENTS TO THE GOODS AND SERVICES AGREEMENTS WITH FIX AUTO SOUTH

ONTARIO, LOS ANGELES TRUCK CENTERS AND INLAND BODY AND PAINT CENTER FOR

VEHICLE COLLISION REPAIR SERVICES
amount of $200,000, increasing the total not-to-exceed contract amount to $460,000 for the procurement of fleet oils, lubricants, and coolants.

That the City Council authorize the City Manager or his designee to execute Amendment No. 2 to the Maintenance Services Agreement (on File in the Records Management Department) with Fuel Serv, Inc. of Montclair, California, in the amount of $130,000, increasing the total not-toexceed contract amount to $570,000 and extending the term of the Agreement to June 30, 2024, for garage and fuel site maintenance and repair services.

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 5 (on file with the Records Management Department) to the Goods and Services Agreement with Daniels Tire Service of Santa Fe Springs, California, in the amount of $200,000, increasing the total not-to-exceed contract amount to $800,000 and extending the term of the Agreement to June 30, 2024, for tire repair and retreading.

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 4 (on file with the Records Management Department) to the Goods and Services Agreement with Daniels Tire Service of Santa Fe Springs, California, in the amount of $220,000, increasing the total not-to-exceed contract amount to $960,000 and extending the term of the Agreement to June 30, 2024, for the procurement of new tires and tire casings.

That the City Council take the following actions:

A. Approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement (on file with the Records Management Department) with Fix Auto of South Ontario (formerly California Collision Center), of Ontario, California, in the amount of $200,000, increasing the total not-to-exceed contract amount to $470,000, and extending the Agreement for up to two (2) one-year options for vehicle collision repair services;
B. Approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement (on file with the Records Management Department) with Los Angeles Truck Centers, of Whittier, California, in the amount of $250,000, increasing the total not-to-exceed contract amount to $475,000, and extending the Agreement for up to two (2) one-year options for vehicle collision repair services; and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 13. AMENDMENTS TO THE GOODS AND SERVICES AGREEMENTS WITH LOS ANGELES TRUCK

CENTERS AND SOUTHERN CALIFORNIA FLEET SERVICES FOR THE PROCUREMENT OF

MEDIUM AND HEAVY-DUTY VEHICLE PARTS AND REPAIRS

14. PRE-AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH NATIONAL AUTO FLEET GROUP

15. AMENDMENTS TO THE ON-CALL ARCHITECTURAL SERVICES AGREEMENT WITH ROBERT

BORDERS AND ASSOCIATES FOR VARIOUS CITYWIDE PROJECTS
C. Approve and authorize the City Manager or his designee to execute Amendment No. 2 (on file with the Records Management Department) to the Goods and Services Agreement with Inland Body and Paint Center, of Fontana, California, in the amount of $290,000, increasing the total not-to-exceed contract amount to $500,000, and extending the Agreement for up to two (2) one-year options for vehicle collision repair services.

That the City Council take the following actions:

A. Approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement (on file with the Records Management Department) with Los Angeles Truck Centers, of Whittier, California, for the procurement of medium and heavy-duty vehicle parts, and repairs, in the amount of $400,000, increasing the total not-to-exceed contract amount to $700,000 and extend the term of the Agreement for up to two (2) one-year options; and
B. Approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement (on file with the Records Management Department) with Southern California Fleet Services, of Corona, California, for the procurement of medium and heavy-duty vehicle parts and repairs, in the amount of $80,000, increasing the total not-to-exceed contract amount to $200,000 and extend the term of the Agreement for up to two (2) one-year options.

That the City Council pre-authorize the cooperative purchase and delivery of thirty-three (33) Ford Police Utility Vehicles for the Police Department from National Auto Fleet Group of Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract #091521-NAF in the amount of $1,512,500 plus a 20% contingency of $302,500 for a total not-to-exceed amount of $1,815,000.

That the City Council take the following actions:

A. Authorize the City Manager or his designee to execute Amendment No. 14 to the Design Services Agreement with Robert Borders and Associates of Costa Mesa, California, for the Sam Alba Park Restroom Renovation Project in the amount of $7,550 for a total notto-exceed contract amount of $467,018; B. Authorize the City Manager or his designee to complete and execute Amendment No. 15 to the Design Services Agreement with Robert Borders and Associates of Costa Mesa, California, for the Community Development Block Wall on Mountain Avenue Project in the amount of $6,380 for a total not-to-exceed contract amount of $473,398; and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 16. A MAINTENANCE SERVICES AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS, INC. FOR

TRAFFIC SIGNAL MAINTENANCE SERVICES

17. A RESOLUTION TO STAND AGAINST ANTISEMITISM AND HATRED ATTACHMENT: Stand Against Antisemitism and Hatred^RESO^RM

18. AN AMENDMENT WITH STANTEC CONSULTING SERVICES INC. FOR THE ON-CALL DESIGN

SERVICES AGREEMENT FOR THE VINEYARD AVENUE SEWER DIVERSION ATTACHMENT: Vineyard AR Exhibit A.pdf

19. ADOPTION OF AN ORDINANCE AMENDMENT 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 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.

That the City Council approve and authorize the City Manager or designee to execute a threeyear Maintenance Services Agreement (on file in the Records Management Department) with Bear Electrical Solutions, Inc., of Alviso, California, to provide traffic signal maintenance and repair services for a not-to-exceed amount of $775,500 per year and $2,326,500 for the term of the contract.

That the City Council adopt a Resolution denouncing and condemning antisemitism and all forms of hatred.

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

CONDEMNING AND REJECTING ANTISEMITISM AND SUPPORTING THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE BY AFFIRMING ONTARIO’S

COMMITMENT TO ENSURING OUR COMMUNITY IS A SAFE AND WELCOMING PLACE.

That the City Council approve and authorize the City Manager, or designee to execute Amendment No. 10 to the On-Call Design Services Agreement (on file in the Records Management Department) with Stantec Consulting Services, Inc., of Irvine, California, for a total-not-to-exceed amount of $256,295, and a term through May 6, 2024.

That the City Council adopt 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.

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.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10 ATTACHMENT: Amending OMC Chapter 8B Water Service Re SB 998 and SeniorDisabled Discount^ORD^RM

20. A PROFESSIONAL SERVICES AGREEMENT WITH BABCOCK LABORATORIES, INC. FOR

ANALYTICAL LABORATORY SERVICES

21. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH RDC-S111, INC. FOR

LANDSCAPE, ARCHITECTURE, AND URBAN DESIGN CONSULTING

22. A RESOLUTION APPROVING THE LEVY OF THE ASSESSMENTS FOR FISCAL YEAR 2023-24

FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT
ATTACHMENT: Downtown Ontario CBD 23-24 RESO^RM
ATTACHMENT: FY2324 Downtown Ontario CBD Assessment Roll.pdf

23. AN AMENDMENT TO EXTEND THE PROFESSIONAL AGREEMENT FOR JAIL AND

TRANSPORTATION SERVICES WITH UNIVERSAL PROTECTION SERVICES LP, ALLIED

UNIVERAL PROTECTION SERVICES
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 Babcock Laboratories, Inc., of Riverside, California, for Analytical Laboratory Services in the amount of $200,000 for Fiscal Year 2023-2024, with the option to extend the Agreement for up to three successive one-year periods; and authorize the annual cost of $200,000 per year consistent with City Council approved budgets, for a total not-to-exceed contract amount of $800,000.

That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement (on file in the Records Management Department) with RDC-S111, Inc. of Long Beach, California, to provide additional services for the City's Regional Sports Complex located at Vineyard and Riverside Drive in the amount of $49,150 for a new not-to-exceed total of $290,912.

That the City Council adopt a Resolution for the Downtown Ontario Improvement Association (DOIA) authorizing the levying of the special assessments for Fiscal Year 2023-24.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE LEVY OF THE ASSESSMENTS FOR FISCAL YEAR 2023-24 FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT.

That the City Council approve and authorize the City Manager or his designee to execute the third Amendment to the Professional Services Agreement (on file with Records Management) to increase the contracted dollar amount with Universal Protection Services LP, Allied Universal Protection Services of Atlanta, Georgia by $625,342, which would increase the total not-to-exceed to $2,331,738 and extend the term for one year.

Contract currently with vendor pending signature
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11 24. A GOODS AND SERVICES AGREEMENT FOR LIBRARY MATERIALS INCLUDING CATALOGING

AND PROCESSING SERVICES AND ONLINE COLLECTION ANALYSIS TOOL

25. AN AMENDMENT TO THE OPERATING COVENANT AND TAX SHARING AGREEMENTS WITH

NIKE, CARDINAL HEALTH AND RGH ENTERPRISES, CONCRETE HOLDING, AND HOME DEPOT
ATTACHMENT: Approving Amendments to OCA Agreements^01^RESO^RM ATTACHMENT: Nike - OCA Amendment No. 1 ^ 02
ATTACHMENT: Cardinal Health & RGH - OCA Amendment No. 1 ^ 03 ATTACHMENT: Concrete Holding Company - OCA Amendment No. 1 ^ 04 ATTACHMENT: Home Depot - OCA Amendment No. 1 ^ 05
That the City Council take the following actions:

A. Approve and authorize the City Manager or designee to execute a three-year agreement (on file in the Records Management Department) with Baker & Taylor, Inc. of Charlotte, North Carolina, with an annual amount of $380,000 and a total compensation not to exceed $1,900,000 for five years for the purchase of library materials including cataloging and processing services and subscription to an online library collection analysis tool; and
B. Authorize the extension of the Agreement for up to two additional one-year periods consistent with City Council approved budgets.

That the City Council take the following actions:

A. Adopt a Resolution approving Amendments to the Operating Covenant Agreement, (on file with the Records Management Department) by and between the City of Ontario and the following corporations: Nike Retail Services, Inc., Cardinal Health, 200, LLC. and RGH Enterprises, Inc., Concrete Holding Company of California, Inc., and Home Depot U.S.A., Inc. and
B. Authorize the City Manager or his designee to execute the Amendments to the Agreements.

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

APPROVING AMENDMENTS TO THE OPERATING COVENANT AND TAX SHARING AGREEMENTS WITH NIKE RETAIL SERVICES, INC., CARDINAL HEALTH, 200, LLC. AND RGH ENTERPRISES, INC., CONCRETE HOLDING COMPANY OF CALIFORNIA, INC., AND HOME DEPOT U.S.A., INC.

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, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12 26. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER); AND INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES ATTACHMENT: CFD 61 Merrill Commerce Center Services 01^Resolution Formation^RM
ATTACHMENT: CFD 61 Merrill Commerce Center Services^01A RMA, EXH B ATTACHMENT: CFD 61 Merrill Commerce Center Services 02^Resolution Calling Election^RM
ATTACHMENT: CFD 61 Merrill Commerce Center Services^03 Resolution Declaring Election^RM
ATTACHMENT: CFD 61 Merrill Commerce Center Services 04^ORD^RM

27. A PUBLIC HEARING TO CONSIDER AN ORDINANCE MODIFYING THE PROCESSING AND

ADMINISTRATION FEE FOR THE DEVELOPMENT IMPACT FEE (DIF) DEFERRAL PROGRAM are on file with the Records Management Department.

That the City Council consider and:

A. Adopt a Resolution of Formation of Community Facilities District No. 61 (Merrill Commerce Center), authorizing the levy of special taxes within the community facilities district,
B. Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 61 (Merrill Commerce Center);
C. Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; and
D. Introduce and waive further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 61 (Merrill Commerce Center)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER ), AUTHORIZING THE LEVY OF A SPECIAL TAX.

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

CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER).

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. 61 (MERRILL COMMERCE CENTER).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITY DISTRICT NO. 61 (MERRILL COMMERCE CENTER).

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 13 ATTACHMENT: DIF_Deferral_Admin_Fee_ORD^RM.docx

28. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-006) BETWEEN THE CITY OF ONTARIO AND EUCLID LAND VENTURE 2 LLC
ATTACHMENT: File No. PDA21-006 Euclid Land Venture 2 LLC^01 EXH A&B.pdf ATTACHMENT: 20230620 File No. PDA21-006^02PC Backup.pdf ATTACHMENT: File No. PDA21-006 Euclid Land Venture 2 LLC 03^ORD^RM ATTACHMENT: File No. PDA21-006 Euclid Land Venture 2 LLC^04 DEV AGR.docx

29. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA22-005) BETWEEN THE CITY OF ONTARIO AND

RB ONTARIO LLC
That the City Council introduce and waive further reading of an Ordinance modifying the processing and administration fee for the Development Impact Fee (DIF) Deferral Program.

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

MODIFYING THE PROCESSING AND ADMINISTRATION FEE FOR THE DEVELOPMENT IMPACT FEE ("DIF") DEFERRAL PROGRAM.

That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA21-006) between the City of Ontario and Euclid Land Venture 2 LLC, to establish the terms and conditions associated with Tentative Parcel Map No. 20517 (File No. PMTT22-005), an 80-acre property bordered by Eucalyptus, Campus, Merrill, and Sultana Avenues, within the Business Park and Industrial General land use district of the Ontario Ranch Business Park Specific Plan.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-006, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND EUCLID LAND VENTURE 2 LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP NO. 20517 (FILE NO.

PMTT22-005), AN 80-ACRE PROPERTY BORDERED BY EUCALYPTUS, CAMPUS,

MERRILL, AND SULTANA AVENUES, LOCATED WITHIN THE BUSINESS PARK AND

INDUSTRIAL GENERAL LAND USE DISTRICTS OF THE ONTARIO RANCH BUSINESS PARK SPECIFIC PLAN AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1054- 041-01, 1054-041-02, 1054-031-01, 1054-031-02, 1054-261-01, 1054-261-02, 1054- 291-01, AND 1054-291-02.

That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA22-005) between the City of Ontario and RB Ontario LLC, to establish the terms and conditions associated with Tentative Tract Map 20536 (File No.

PMTT22-021), a 23.2-acre property located approximately 875 feet south of the intersection of Riverside Drive and Archibald Avenue, within Planning Area 1 (Neighborhood 2) land use district of the Countryside Specific Plan.

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 14 ATTACHMENT: File No. PDA22-005 RB Ontario LLC^01 EXH A&B.pdf ATTACHMENT: 20230620 File No. PDA22-005^02 PC Backup.pdf ATTACHMENT: File No. PDA22-005 RB Ontario LLC 03^ORD^RM ATTACHMENT: 20230620 File No. PDA22-005 RB Ontario LLC^04 DEV AGR

30. A PUBLIC HEARING TO CONSIDER AN AMENDMENT (FILE NO. PSPA22-001) TO THE RICH

HAVEN SPECIFIC PLAN TO BRING THE SPECIFIC PLAN INTO COMPLIANCE WITH THE

ONTARIO PLAN POLICY PLAN (GENERAL PLAN) LAND USE PLAN, GENERALLY BORDERED

BY RIVERSIDE DRIVE, COLONY HIGH SCHOOL AND THE SCE SUBSTATION TO THE NORTH,

HAMNER AVENUE/MILL CREEK AVENUE TO THE EAST, OLD EDISON AVENUE TO THE

SOUTH, AND HAVEN AVENUE TO THE WEST

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA22-005, A DEVELOPMENT AGREEMENT BETWEEN THE

CITY OF ONTARIO AND RB ONTARIO LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP NO. 20536 (FILE NO.

PMTT22-021), A 23.2 ACRE PROPERTY LOCATED APPROXIMATELY 875 FEET SOUTH

OF THE INTERSECTION OF RIVERSIDE DRIVE AND ARCHIBALD AVENUE, WITHIN PLANNING AREA 1 (NEIGHBORHOOD 2) LAND USE DISTRICT OF THE COUNTRYSIDE SPECIFIC PLAN (FILE NO. PSP04-001) AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0218-111-60 AND 0218-111-61.

That the City Council consider and adopt:

A. A Resolution adopting the Final Environmental Impact Report (State Clearinghouse No. 2022100425) for the Rich Haven Specific Plan Amendment, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations; and B. A Resolution approving File No. PSPA22-001, an Amendment to the Rich Haven Specific Plan to bring the Specific Plan into compliance with The Ontario Plan Policy Plan (General Plan) land use plan that include: [1] the reduction of Low-Medium Density Residential land use acreage from 102.1 acres to 24.5 acres; [2] increase the Medium Density Residential land use acreage from 96.7 acres to 113.4 acres; [3] increase the Light Industrial land use acreage from 49.4 acres to 116.5 acres; [4] a reduction to the MixedUse Overlay land use acreage from 29.4 acres to 20.5 acres; [5] a reduction to the Regional Commercial land use acreage from 74 acres to 58.4 acres; [6] increase the Mixed-Use Standalone Residential Overlay land use acreage from 141.9 acres to 144.1 acres; [7] increase the Open Space – Non-Recreation land use acreage from 38.2 acres to 55 acres; and [8] various changes to the Specific Plan land use map (Planning Areas), development standards, exhibits, and text modification, to reflect the proposed land uses.

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

ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AND CERTIFYING THE RICH-HAVEN SPECIFIC PLAN, 2022 AMENDMENT (FILE NO. PSPA22-001) FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2022100425), AND ADOPTING FINDINGS OF

OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 15 ATTACHMENT: 20230620 File No. PSPA22-001 Rich Haven SPA^01 Exihibit A.docx ATTACHMENT: File No. PSPA22-001 ^PC Backup.pdf
ATTACHMENT: 20230620 File No. PSPA22-001 Rich Haven SPA^02 EIR RESO.docx ATTACHMENT: 20230620 File No. PSPA22-001 Rich Haven SPA^02A Draft EIR.pdf ATTACHMENT: 20230620 File No. PSPA22-001 Rich Haven SPA^02B Response to Comments_MMRP.pdf
ATTACHMENT: 20230620 File No. PSPA22-001 Rich Haven SPA^02C Appendices.pdf ATTACHMENT: File No. PSPA22-001 Rich Haven SPA^03^SPA^RESO^RM ATTACHMENT: File No. PSPA22-001 Rich Haven SPA^04 SPA

31. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COUNTRYSIDE SPECIFIC PLAN

REPORTING PROGRAM, GENERALLY LOCATED BY RIVERSIDE DRIVE, COLONY HIGH

SCHOOL AND THE SCE SUBSTATION TO THE NORTH, HAMNER AVENUE/MILL

CREEK AVENUE TO THE EAST, OLD EDISON AVENUE TO THE SOUTH, AND HAVEN AVENUE TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS:
0218-161-14, 0218-016-06, 0218-016-10, 0218-016-11, 0218-016-19, 0218-016-15, 0218-016-07, 0218-016-18, 0218-203-08, 0218-016-14, 0218-016-12, 0218-016-13, 0218-203-07, 0218-203-04, 0218-203-03, 0218-203-05, 0218-203-06, 0218-211-39, 0218-211-01, 0218-211-21, 0218-211-36, 0218-211-37 AND 0218-211-15.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA22-001, AN AMENDMENT TO THE RICH-HAVEN SPECIFIC

PLAN TO BRING THE SPECIFIC PLAN INTO COMPLIANCE WITH THE ONTARIO PLAN POLICY PLAN (GENERAL PLAN) LAND USE PLAN THAT INCLUDES: [1] THE

REDUCTION OF LOW-MEDIUM DENSITY RESIDENTIAL LAND USE ACREAGE FROM 102.1 ACRES TO 24.5 ACRES; [2] INCREASE THE MEDIUM DENSITY RESIDENTIAL LAND USE ACREAGE FROM 96.7 ACRES TO 113.4 ACRES; [3] INCREASE THE LIGHT INDUSTRIAL LAND USE ACREAGE FROM 49.4 ACRES TO 116.5 ACRES; [4] A REDUCTION TO THE MIXED-USE OVERLAY LAND USE ACREAGE FROM 29.4 ACRES TO 20.5 ACRES; [5] A REDUCTION TO THE REGIONAL COMMERCIAL LAND USE ACREAGE FROM 74 ACRES TO 58.4 ACRES; [6] INCREASE THE MIXED-USE STANDALONE RESIDENTIAL OVERLAY LAND USE ACREAGE FROM 141.9 ACRES TO 144.1 ACRES; [7] INCREASE THE OPEN SPACE – NON-RECREATION LAND USE ACREAGE FROM 38.2 ACRES TO 55 ACRES; AND [8] VARIOUS CHANGES TO THE

SPECIFIC PLAN LAND USE MAP (PLANNING AREAS), DEVELOPMENT STANDARDS,

EXHIBITS, AND TEXT MODIFICATION, TO REFLECT THE PROPOSED LAND USES,

GENERALLY LOCATED BY RIVERSIDE DRIVE, COLONY HIGH SCHOOL AND THE SCE

SUBSTATION TO THE NORTH, HAMNER AVENUE/MILL CREEK AVENUE TO THE EAST,

OLD EDISON AVENUE TO THE SOUTH, AND HAVEN AVENUE TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0218-161-14, 0218-016-06, 0218- 016-10, 0218-016-11, 0218-016-19, 0218-016-15, 0218-016-07, 0218-016-18, 0218- 203-08, 0218-016-14, 0218-016-12, 0218-016-13, 0218-203-07, 0218-203-04, 0218- 203-03, 0218-203-05, 0218-203-06, 0218-211-39, 0218-211-01, 0218-211-21, 0218- 211-36, 0218-211-37 AND 0218-211-15.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 16 ATTACHMENT: File No. PSPA22-002^01 PC Backup.pdf
ATTACHMENT: File No. PSPA22-002 ^02^RESO^ADDENDUM^RM
ATTACHMENT: File No. PSPA22-002^03 Addendum_FINAL.pdf
ATTACHMENT: File No. PSPA22-002^04 Addendum Appendices.pdf ATTACHMENT: File No. PSPA22-002^05 SPA^RESO^RM
ATTACHMENT: File No. PSPA22-002^06 CountrysideSPA_RedlineDraft.pdf That the City Council consider and adopt:

A. A Resolution adopting an Addendum to the Countryside Specific Plan Environmental Impact Report (State Clearinghouse No. 2004071001); and B. A Resolution adopting an Amendment to the Countryside Specific Plan (File No. PSPA22- 002).

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

APPROVING AN ADDENDUM TO THE COUNTRYSIDE SPECIFIC PLAN

ENVIRONMENTAL IMPACT REPORT, PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NO PSPA22- 002.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA22-002, A SPECIFIC PLAN AMENDMENT FOR THE FOLLOWING CHANGES: (1) DIVIDE PLANNING AREA 1 NEIGHBORHOOD 2 INTO DIFFERENT SUBAREAS: NEIGHBORHOODS 2A, 2B, AND 2C; (2) INCREASE THE PLANNING AREA 1 UNIT COUNT FROM 442 UNITS TO 601 UNITS AND DENSITY FROM 5.56 DU/AC TO 7.74 DU/AC; (3) CHANGE PLANNING AREA 1 USES TO INCLUDE ATTACHED HOMES AND ELIMINATING THE RD 6000-SQUARE-FOOT LOT SIZE; AND (4) VARIOUS TEXT CHANGES TO BE CONSISTENT WITH THE ONTARIO PLAN 2050 POLICY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS:
0218-111-60 AND 0218-111-61.

STAFF MATTERS
City Manager Ochoa

COUNCIL MATTERS
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 17 CIT
YOFONTARIORegularCityCouncil/HousingAuthorityMeeting
CITYHALL303EASTBSTREET, ONTARIOCA91764•www.OntarioCA.gov 18 1 of 4

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) June 20, 2023
ROLL CALL: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION:

Agustin Martinez v. City of Ontario, and Does 1-10, inclusive, U.S. District Court, Central District of California, Case No. 5:21-cv-01099-JGB-SP
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: _________________________________________________________________ 19 2 of 4

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) June 20, 2023
(continued)
In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-363-01; 434 North Euclid Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Faisal Afsari; 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: APNs: 0218-101-03, 0218-101-04, 0218-101-05, 0218-101-06; Southeast Corner Riverside Drive and Vineyard Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: JCLIN INVESTMENT LP; Under negotiation: Price and terms of payment No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 20 3 of 4

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) June 20, 2023
(continued)
In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 0218-111-08, 0218-111-11, 0218-111-12, 0218-111-49, 0218-111-50; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: 15 Dairy River LLC; 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: 0218-111-06; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Sanchez Family Trust; Under negotiation: Price and terms of payment
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 21 4 of 4

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) June 20, 2023
(continued)
In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0218-111-05; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Raymundo Flores; 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: APNs: 0218-111-04, 0218-111-45; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Ontario WF Farm LLC; Under negotiation: Price and terms of payment No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
22 Department: Recreation & Community Services
Prepared By: Danielle Guevara
Staff Member Presenting:

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

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

SUBJECT: ONTARIO 5K REINDEER RUN & RUDOLPH'S DASH CHECK PRESENTATION TO

ONTARIO-MONTCLAIR SCHOOLS FOUNDATION

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

SPECIAL CEREMONIES
RECOMMENDATION: That the City Council present the Ontario-Montclair Schools Foundation with a check for the proceeds of the 2022 Ontario 5K Reindeer Run & Rudolph's DASH.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT: The City enters into an agreement annually with the Ontario-Montclair Schools Foundation to split proceeds from this yearly event. As part of that agreement, 75% of the proceeds go to Ontario-Montclair Promise Scholars and 25% of the proceeds go to the City's Empowerment Scholarship program. The adjusted net proceeds for the 2022 event were $73,615.46, which are accounted for in the Recreation & Community Services Department's revenue account. There is no impact to the General Fund.

BACKGROUND & ANALYSIS: Each year the Recreation & Community Services Department partners with the Ontario-Montclair Schools Foundation (OMSF) to support and promote the 5K Reindeer Run & Rudolph's DASH, including seeking sponsors and marketing the event. OMSF garners districtwide support and volunteers. Additionally, OMSF assists with the event's promotion, marketing, and administrative support. In 2022, the 5K Reindeer Run & Rudolph's DASH brought 3,377 runners and $43,800 in sponsorship packages.

The Ontario-Montclair Promise Scholars is an award-winning program designed to assist OntarioMontclair youth by helping prepare them for their journey toward a college education. OntarioMontclair Promise Scholars utilizes the proceeds from the event to provide college and career curriculum in each K-6 classroom, take field trips to colleges, host parent presentations, plan college fairs, and assist students with college applications and financial aid forms.

The City's Empowerment Scholarship allows Ontario community members from low-income backgrounds to participate in fee-based recreation activities that will enrich their lives. Community 23 members can apply for Empowerment Scholarship funds by visiting the city website www.OntarioCA.gov/Recreation.

The adjusted net proceeds for this event were $73,615.46. Per the agreement between the City of Ontario and Ontario-Montclair Schools Foundation, $55,211.60 will benefit the Promise Scholars program, and $18,403.86 will fund the City's Empowerment Scholarships. 24 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
MAY 16, 2023
(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, May 16, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:30 p.m.

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

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, the City Council recessed to Closed Session, with the exception of Council Member Wapner, at 5:32 p.m. for discussion of the following:
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1011-221-19; 1522 West Mission Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: The Ramanbhai G.

Patel and Manjulaben R. Patel Revocable Living Trust; Under negotiation: Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-321-43; 2151 East Convention Center Way; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: ONT Gateway LLC; Under negotiation: Price and terms of payment.
25 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 0218-101-03, 0218-101-04, 0218-101-05, 0218-101-06; Southeast Corner Riverside Drive and Vineyard Avenue; City/Authority negotiator:

Scott Ochoa or his designee; Negotiating parties: JCLIN INVESTMENT LP; Under negotiation: Price and terms of payment
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 0218-111-08, 0218-111-11, 0218-111-12, 0218-111-49, 0218- 111-50; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: 15 Dairy River LLC; Under negotiation: Price and terms of payment.
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0218-111-06; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Sanchez Family Trust; Under negotiation: Price and terms of payment.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0218-111-05; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Raymundo Flores; Under negotiation: Price and terms of payment  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 0218-111-04, 0218-111-45; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Ontario WF Farm LLC; Under negotiation: Price and terms of payment
 GC 54956.9(d)(4), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One (1) Case
 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.

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:31 p.m. for the regular session.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Dorst-Porada. 26 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

INVOCATION
The invocation was led by Pastor Delfa Tangonan Nava with the Jesus is Lord Church Ontario.

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

SPECIAL CEREMONIES

TWENTY-THIRD ANNUAL MODEL COLONY AWARDS
The City Council asked the Executive Director of Community Development Scott Murphy to present the 2023 “Model Colony” Awards for Historic Preservation. Awards were distributed.

RECOGNITION OF "HISTORIC PRESERVATION MONTH" IN THE CITY OF ONTARIO The City Council proclaimed the Month of May 2023 as “Historic Preservation Month” in the City of Ontario.

PROCLAMATION OF MAY 20, 2023 AS KIDS TO PARKS DAY
The City Council proclaimed May 20, 2023 as Kids to Parks Day in the City of Ontario.

Mayor Leon recessed the meetings at 6:58 p.m. and reconvened at 7:12 p.m.

Mayor Leon announced his anticipated appointments to Boards and Commissions.

PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were six written public comments.

Lee Jones, regarding community safety.

Rebecca Lowe, alleging possible fraud.

Jason Alonzo, in opposition of warehouses.

Ken Braithwaite, regarding games at Jay Littleton Ballpark.

Bobby, regarding crime in the City.

Lee Jones, specific questions regarding Item No. 7 of the agenda.

Mayor Leon called upon the first speaker.

Enrique, spoke about his Cinco de mayo event.

Stephanie Martinez, requested time limits on City electric vehicle chargers.

Joey Chavez, requested a tattoo show in the City.

Dawn Hundley, spoke regarding homelessness.
27 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

Marco Tule, spoke regarding the Inland Empire Utilities Agency and encouraged local participation.

Amanda Coker, with the Chino Water Basin Conservation announced upcoming events.

Randy Bekendam, thanked Ontario residents for support and announced the closing of Amy’s Farm.

Randi Campbell, spoke on parking signs for electronic vehicle charging parking versus handicap parking.

Karen Haughey, representative of San Bernardino County Board Supervisor Hagman’s office spoke of upcoming 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 4-0, with Council Member Wapner absent, to approve the Consent Calendar as presented.

1. APPROVAL OF MINUTES
Minutes for the regular meetings of the City Council and Housing Authority of April 18, 2023, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Bills April 14, 2023 through April 27, 2023 in the amount of $13,304,236.24, and Payroll April 9, 2023 through April 22, 2023 in the amount of $4,068,530.95, when audited by the Finance Committee

3. A RESOLUTION ORDERING THE SUMMARY VACATION OF TWO EASEMENTS

FOR SANITARY SEWER AND PUBLIC UTILITY PURPOSES LOCATED AT THE

SOUTHEAST CORNER OF SOUTH BON VIEW AVENUE AND EAST ONTARIO

BOULEVARD
The City Council adopted a Resolution ordering the summary vacation of two easements for sanitary sewer and public utility purposes located at the southeast corner of South Bon View Avenue and East Ontario Boulevard. 28 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

RESOLUTION NO. 2023-033 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF

TWO EASEMENTS FOR SANITARY SEWER AND PUBLIC UTILITY PURPOSES

LOCATED AT THE SOUTHEAST CORNER OF SOUTH BON VIEW AVENUE AND EAST ONTARIO BOULEVARD.

4. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR

REMOTE ACCELA SUPPORT WITH TRUEPOINT SOLUTIONS, LLC
The City Council authorized the City Manager to execute an Amendment to the current Agreement with TruePoint Solutions, LLC., Loomis, California, for on-going service and support of the Accela Civic Platform for a total not to exceed amount of $650,000 and extend the term for two years.

5. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT FOR THE

PROCUREMENT OF ASPHALT MATERIALS
The City Council authorized the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement with All American Asphalt of Corona, California, to procure asphalt materials in an amount not-to-exceed $965,970.

6. AMENDMENTS TO THE EQUIPMENT PURCHASE AGREEMENTS WITH MCLAUGHLIN WASTE EQUIPMENT, INC. FOR COMMERCIAL BIN

CONTAINERS AND ROLL-OFF CONTAINERS AND PARTS
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute Amendment No. 4 to the existing Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc. of Galt, California, for the procurement of commercial bin containers, exercising the option of a one-year extension of the agreement and extending the term of the agreement to June 30, 2024 in an amount notto-exceed $1,000,000; and B. Authorized the City Manager or his designee to execute Amendment No. 2 to the existing Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc. of Galt, California, for the procurement of roll-o
containers and parts, exercising the option of a one-year extension of the agreement and extending the term of the agreement to June 30, 2024 in an amount not-toexceed $400,000. 29 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

7. ACCEPTANCE OF A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT; AND A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL

COMMERCE CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF

SPECIAL TAXES
The City Council consider and:

A. Accepted a written petition from Prologis LP, Research ("Landowner"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and B. Adopted a Resolution of Intention to establish City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, June 20, 2023.

RESOLUTION NO. 2023-034 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO ESTABLISH A

COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX.

8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

HINDERLITER DE LLAMAS & ASSOCIATES (HDL) FOR SALES TAX

CONSULTING AND REVENUE RECOVERY SERVICES AND AN AMENDMENT

TO THE PROFESSIONAL SERVICES AGREEMENT WITH HDL COREN & CONE

FOR PROPERTY TAX SERVICES
The City Council authorized the City Manager or his designee to execute the following amendments:

A. An Amendment with Hinderliter de Llamas & Associates adding indirect cost recovery to the scope of work, increasing compensation for a new not-toexceed amount of $1,700,000 with an expiration of June 30, 2025, and an option to add two (2) additional one-year terms to the agreement; and B. An Amendment for the HdL Coren & Cone agreement to increase compensation for a new not-to-exceed amount of $172,605 with an expiration of June 30, 2025, and an option to add two (2) additional one-year terms to the agreement.

9. A GRANT APPLICATION FROM THE ADMINISTRATION FOR COMMUNITY

LIVING FOR THE ACTIVE SENIOR ON THE GO PROGRAM
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 $439,094 from the Administration for Community Living (ACL), a division of the U.S. 30 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

Department of Health and Human Services, for the Recreation & Community Services Department's Active Seniors on the Go program.

10. FISCAL YEAR 2022-23 THIRD QUARTER BUDGET UPDATE REPORT A. The City Council approved the budget adjustments and recommendations as presented in the Fiscal Year 2022-23 Third Quarter Budget Update Report (Exhibit A), and adopt a Resolution pertaining to the City Clerk and Treasurer salary;
B. The City Council approve a revised Salary Schedule (Exhibit B) and for Unrepresented Part-time employees and authorize the City Manager to approve sta
ng programs and the assigned salary grade placement for each Part-Time classification with the recommendation of the Human Resources / Risk Management agency.

RESOLUTION NO. 2023-035 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, SETTING THE COMPENSATION OF THE CITY

CLERK AND CITY TREASURER AND RESCINDING PREVIOUS RESOLUTION NO. 2014-016.

PUBLIC HEARING

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

UPDATE THE CITY'S DEVELOPMENT IMPACT FEES (DIF) MASTER

FACILITIES PLAN
The City Council considered and adopted a Resolution to update the City's Development Impact Fees (DIF) Master Facilities Plan.

RESOLUTION NO. 2023-036 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING THE DEVELOPMENT IMPACT FEES (DIF) MASTER FACILITIES PLAN UPDATE.

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 Council Member Bowman seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 4-0, with Council Member Wapner absent, to adopt Resolution No. 2023-036.
31 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

12. A PUBLIC HEARING TO CONSIDER FILE NO. PUD22-005, A PLANNED UNIT DEVELOPMENT FOR A 2.38-ACRE PARCEL OF LAND LOCATED AT THE

NORTHEAST CORNER OF EUCLID AVENUE AND D STREET, BORDERED BY

E STREET ON THE NORTH AND LEMON AVENUE ON THE EAST
The City Council introduced and waived further reading of an Ordinance approving File No. PUD22-005, the D Block Planned Unit Development, establishing development standards and design guidelines to facilitate a commercial and residential mixed-use development located at the northeast corner of Euclid Avenue and D Street.

ORDINANCE NO. 3248 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD22-005, A

PLANNED UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT AND
PERFORMANCE STANDARDS AND DESIGN GUIDELINES FOR 2.38-ACRES OF

LAND LOCATED AT THE NORTHEAST CORNER OF EUCLID AVENUE AND D

STREET, BORDERED BY E STREET ON THE NORTH AND LEMON AVENUE ON THE EAST WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1048-363-05, 1048-363-04, 1048-363-03 AND 1048-363-

02. Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Matthew Gelfand in support.

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 Council Member Bowman seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 4-0, with Council Member Wapner absent, introduce Ordinance No. 3248.

13. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-005)

BETWEEN THE CITY OF ONTARIO AND GROVE LAND VENTURE LLC, TO

ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP 20161 (FILE NO. PMTT20-011), A 159.95 ACRE PROPERTY

BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, BON VIEW AVENUE

TO THE WEST, MERRILL AVENUE TO THE SOUTH, AND GROVE AVENUE TO

THE EAST, WITHIN THE INDUSTRIAL AND BUSINESS PARK LAND USE

DISTRICTS OF THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN (FILE NO. PSP19-001) AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1054-071-01, 1054-071-02, 1054-081-03, 1054-091-01, 1054-091-02, 1054- 101-01, 1054-101-02, 1054-231-01, 1054-231-02, 1054-241-01, 1054-241-02, 1054-311-01, 1054-311-02, 1054-321-01 AND 1054-321-02)
32 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

The City Council introduced and waived further reading of an Ordinance approving a Development Agreement (File No. PDA21-005) between the City of Ontario and Grove Land Venture LLC, to establish the terms and conditions associated with Tentative Parcel Map 20161 (File No. PMTT20-011), a 159.95-acre property bordered by Eucalyptus Avenue to the north, Bon View Avenue to the west, Merrill Avenue to the south, and Grove Avenue to the east, within the Industrial and Business Park land use districts of the South Ontario Logistics Center Specific Plan.

ORDINANCE NO. 3249 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PDA21-005, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO

AND GROVE LAND VENTURE LLC, TO ESTABLISH THE TERMS AND
CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP 20161 (FILE NO.

PMTT20-011), A 159.95 ACRE PROPERTY BORDERED BY EUCALYPTUS

AVENUE TO THE NORTH, BON VIEW AVENUE TO THE WEST, MERRILL

AVENUE TO THE SOUTH, AND GROVE AVENUE TO THE EAST, WITHIN THE

INDUSTRIAL AND BUSINESS PARK LAND USE DISTRICTS OF THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN (FILE NO. PSP19-001) AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1054-071-01, 1054-071-02, 1054-081-03, 1054-091-01, 1054-091-02, 1054-101-01, 1054-101-02, 1054-231-01, 1054-231-02, 1054-241-01, 1054-241-02, 1054-311-01, 1054-311-02, 1054-321-01 AND 1054-321-02.

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 a unanimous vote 4-0, with Council Member Wapner absent, introduce Ordinance No. 3249.

14. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN (FILE NO. PSPA22-008), TO REMOVE A 71.6-ACRE PORTION OF THE SPECIFIC PLAN, IN CONJUNCTION WITH A ZONE CHANGE (FILE NO. PZC23-001) LOCATED SOUTH OF

EUCALYPTUS AVENUE, NORTH OF MERRILL AVENUE, WEST OF BON VIEW

AVENUE, AND EAST OF CAMPUS AVENUE
The City Council took the following actions:

A. Adopted a Resolution approving File No. PSPA22-008, an Amendment to the South Ontario Logistics Center Specific Plan, including map and textual changes, to remove 71.6 acres from the Specific Plan; and 33 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

B. Introduced and waived further reading of an Ordinance adopting File No.

PZC23-001, a Zone Change to establish the SP/AG (Specific Plan/Agriculture Overlay) zoning district on the Project site.

RESOLUTION NO. 2023-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA22-008,

AMENDING THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN, INCLUDING MAP AND TEXTUAL CHANGES TO REMOVE A 71.6-ACRE

PORTION OF LAND GENERALLY LOCATED SOUTH OF EUCALYPTUS

AVENUE, NORTH OF MERRILL AVENUE, WEST OF BON VIEW AVENUE, AND

EAST OF CAMPUS AVENUE FROM THE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - 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.

ORDINANCE NO. 3250 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PZC23-001, A REQUEST TO ESTABLISH THE SP(AG) (SPECIFIC
PLAN/AGRICULTURE OVERLAY) ZONING DISTRICT ON THE 71.6-ACRE

PROJECT SITE GENERALLY LOCATED SOUTH OF EUCALYPTUS AVENUE,

NORTH OF MERRILL AVENUE, WEST OF BON VIEW AVENUE, AND EAST OF CAMPUS AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - 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.

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

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

Randy Bekendam, spoke in opposition of the item.

Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion. City Manager Ochoa and Executive Director of Community Development Scott Murphy provided additional information for Council.

MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Council Member Wapner absent, adopt Resolution No. 2023-037 and introduce Ordinance No. 3250.

STAFF MATTERS
City Manager Ochoa made no comments.
34 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 16, 2023

COUNCIL MATTERS
Mayor pro Tem Dorst-Porada announced upcoming events in the City and encouraged local participation with the Inland Empire Utilities Agency.

Mayor Leon spoke regarding the Inland Empire Utilities Agency.

Council Member Bowman had no comments.

Council Member Valencia invited residents to a law enforcement memorial at the Ontario Town Square hosted by the Ontario Police Department.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:06 p.m. in memory of Patrick Jones and announced the next regular meeting on June 6, 2023.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
35 Department: Financial Services
Prepared By: Nathaniel Gibson
Staff Member Presenting:

Armen Harkalyan, Executive Director of Finance
Reviewed By: Cecilia House, . .

Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT: ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2023-24

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt Resolutions pertaining to the levy of assessments within Ontario Parkway Maintenance Assessment District (OPMAD) Nos. 1, 2, 3 and 4:

A. A Resolution initiating proceedings and ordering the preparation of an Engineer’s Report for each district relating to the annual levy of assessments; B. A Resolution giving preliminary approval of the Engineer’s Report; C. A Resolution for District Nos. 1, 2 and 3, and a Resolution for District No. 4, declaring the City’s intention to levy the special assessments for Fiscal Year 2023-24 and set the date of July 18, 2023, for a Public Hearing on each district in accordance with the Landscaping and Lighting Act of 1972.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: As proposed, special assessment revenue will generate approximately $287,360 from OPMAD Nos. 1, 2 and 3, and $367,087 from OPMAD No. 4 during Fiscal Year 2023-24. The total cost of $474,714 for operation and maintenance within OPMAD Nos. 1, 2 and 3 will exceed the assessment revenues by $187,354. The difference of $187,354 will be funded as follows: $186,980 as a transfer from the General Fund and the balance of $374 from the district 3 reserves. These amounts are included in the Fiscal Year 2023-24 Adopted Budget. The special assessment for OPMAD No. 4 is sufficient to pay all expenses within this service area.

BACKGROUND & ANALYSIS: The first of these districts was formed in 1976 pursuant to the Landscaping and Lighting Act of 1972 (the 1972 Act). Additional territories are annexed to the districts from time to time as development proceeds. The districts were formed to help minimize the continually increasing cost of maintaining and operating the landscaping along public streets where the property owners do not have direct access to the landscaping. A special assessment is 36 levied annually on benefiting properties for the cost of operation and maintenance of certain parkway landscaping facilities within the districts. The City’s Public Works Agency establishes the annual operation and maintenance costs and administers the maintenance of the landscaping.

Annually, an Engineer’s Report for each district must be prepared which apportions these costs to each parcel within the districts. The locations of the districts are shown on the attached maps.

OPMAD Nos. 1, 2, and 3 are compri sed of single-family residential developments. Due to varying characteristics, the districts are organized into benefit zones and/or maintenance areas. Each zone/maintenance area is assessed for only the operation and maintenance of the facilities from which it receives special direct benefit. The total assessment for each maintenance area is then apportioned to its constituent parcels.

Special assessment revenue will be generated in the combined amount of $287,360 from OPMAD Nos. 1, 2 and 3. The assessed tax rates for Fiscal Year 2022-23, and the proposed and maximum tax rates for Fiscal Year 2023-24, are shown in Exhibit A.

OPMAD No. 4 is comprised of single-family residential tracts and the Ontario Mills development area. The district is organized into 6 maintenance areas. Each maintenance area is assessed for only the operation and maintenance of the facilities from which it receives direct special benefit.

The total assessment for each maintenance area is then apportioned to its constituent parcels.

The assessments for OPMAD No. 4 will generate a total of $367,087. OPMAD No. 4 will generate sufficient revenue to pay all expenses within the service area. The assessed tax rates for Fiscal Year 2022-23, and the maximum and proposed tax rates for Fiscal Year 2023-24, are shown in Exhibit A.

Pursuant to the 1972 Act, Engineer’s Reports have been prepared for each district and are on file with the Records Management Department. Each report includes plans and specifications for the improvements and maintenance, an estimate of costs, a diagram of the area proposed to be assessed, and an assessment of the costs to the various parcels within each district.

A public hearing is required for each district prior to adoption of the proposed assessments. A combined public hearing will be held on July 18, 2023 for the purpose of accepting comments and written protests. At the conclusion of the public hearing, the City Council will consider adoption of Resolutions confirming the assessments and ordering the levy of the assessments for tax year 2023-24. Notice of the public hearing for the levy of assessments will be published in the local newspaper, in accordance with the applicable statutes.
37 Prior Year Maximum Proposed
2022-23 2023-24 2023-24
OPMAD No. 1 $ 66.32 per Lot $ 66.32 per Lot $ 66.32 per Lot OPMAD No. 2 $ 34.04 per Lot $ 34.04 per Lot $ 34.04 per Lot OPMAD No. 3, Zone 2000-1 $ 41.29 per Lot $ 41.29 per Lot $ 41.29 per Lot OPMAD No. 3, Zone 2000-2 $ 191.97 per Lot $ 286.14 per Lot $ 201.81 per Lot Prior Year Maximum Proposed
2022-23 2023-24 2023-24
MA#99-1 $ 57.32 per Lot $ 69.63 per Lot $ 60.26 per Lot MA#99-2 $ 373.43 per Lot $ 439.19 per Lot $ 392.59 per Lot MA#99-3 $1,160.38 per Acre $1,577.04 per Acre $1,219.90 per Acre MA#00-1 $ 272.78 per Lot $ 432.54 per Lot $ 286.77 per Lot MA#04-1 $ 1,097.25 per Lot $ 2,755.20 per Lot $ 1,153.51 per Lot MA#05-1 $ 1,507.40 per Lot $ 3,415.21 per Lot $ 1,584.77 per Lot Exhibit A
Ontario Parkway Maintenance Assessment Districts 1, 2 & 3 Proposed Levy Rates FY 2023-24
Ontario Parkway Maintenance Assessment District 4
Proposed Levy Rates FY 2023-24
38 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_1_vicinity.mxd

BENSON AVE

MISSION BLVD

BENSON AVE

SAN ANTON OI AVE

FRANCIS ST

PHILLIPS ST

MISSION BLVD
D ST
G ST
I ST

FOURTH ST

FIFTH ST

SIXTH ST

MOUNTAIN AVE

HOLT BLVD

SAN ANTONIO AVE

EUCLID AVE

SULTANA AVE

CAMPUS AVE

EIGHTH ST BAKER AVE

ARCHIBALD AVE

HAVEN AVE

MILLIKEN AVE

POMONA FREEWAY

MOUNTA NI AVE

MILLIKEN AVE RIVERSIDE DR

POMONA FREEWAY

RIVERSIDE DR
WALNUT
ST

PHILADELPHIA
ST

SAN BERNARDINO

FREEWAY
Ontario Parkway Maintenance District No. 1

VICINITY MAP
Legend
Boundary of Area Assessed 0
.0.5 1 Miles
Date: 3/31/2023
39 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_2_vicinity.mxd Legend
Boundary of Area Assessed

BENSON AVE

MISSION BLVD

BENSON AVE

SAN ANTON OI AVE

FRANCIS ST

PHILLIPS ST

MISSION BLVD
D ST
G ST
I ST

FOURTH ST

FIFTH ST

SIXTH ST

MOUNTAIN AVE

HOLT BLVD

SAN ANTONIO AVE

EUCLID AVE

SULTANA AVE

CAMPUS AVE

EIGHTH ST GROVE AVE

BAKER AVE

VINEYARD AVE

ARCHIBALD AVE

HAVEN AVE

MILLIKEN AVE

POMONA FREEWAY

MOUNTA NI AVE

MILLIKEN AVE

POMONA FREEWAY
WALNUT
ST

PHILADELPHIA
ST

SAN BERNARDINO

FREEWAY
Ontario Parkway Maintenance District No. 2

VICINITY MAP
Date: 3/31/2023
0 .0.5 1 Miles
40 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_3_vicinity.mxd SION BLVD.

PHILLIPS ST.

FRANCIS ST.

SAN ANTONIO
AVE.

G
R
O
VE AVE.

PHILADELPHIA
WALNUT ST.

ST.

RIVERSIDE DR. EUCLID
AVE.

C
A
MPUS AVE.

VINEYA
R
D
AVE.

A
R

CH BI ALD
AVE.

MISSION BLVD.

HAVEN AVE.

EUCLID
AVE.

EDISON AVE
JURUPA ST.

MILLIKEN AVE.

EDISON AVE

SCHAEFER AVE SCHAEFER AVE

ONTARIO RANCH RD

ONTARIO RANCH RD

GRAND PARK ST

TURNER AVE

MISSION BLVD

SAN ANTON OI AVE

POMONA FREEWAY

MOUNTA NI AVE

CHINO AVE

SCHAEFER AVE

MILLIKEN AVE RIVERSIDE DR

EUCALYPTUS AVE

EDISON AVE

POMONA FREEWAY

ONTARIO FREEWAY

RIVERSIDE DR
WALNUT
ST

HAMNER AVE ONTARIO RANCH RD
Legend
Boundary of Zone 2000-2
Boundary of Zone 2000-1
Ontario Parkway Maintenance District No. 3

VICINITY MAP
Date: 3/31/2023
0 .0.5 1 Miles
41 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_4_vicinity.mxd LegendB
oundaryofAreaAssessed
OntarioParkwayMaintenanceDistrictNo.4

VICINITYMAP
Date:3/31/2023
0 .0.5
1Miles
42 RESOLUTION NO. ________

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

CALIFORNIA, ORDERING THE PREPARATION OF THE ASSESSMENT
ENGINEER’S REPORTS PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE

OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT

LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT
DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2023-24.

WHEREAS, the City Council of the City of Ontario, California, previously formed maintenance districts pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 (the “Districts”); and
WHEREAS, at this time the City Council desires to initiate proceedings to provide for the annual levy of assessments for the ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Districts; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2023, and ending June 30, 2024; and WHEREAS, there has been submitted to this City Council for its consideration at this time, maps showing the boundaries of the area affected by the levy of the assessment for the above-referenced fiscal year, and inventory maps showing and describing in general the works of improvement proposed to be maintained in said Districts, said description being sufficient to identify the works of improvement and the areas proposed to be assessed for said maintenance thereof.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the maps entitled

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4

BOUNDARY AND INVENTORY MAPS
attached hereto, as submitted to this City Council, showing the boundaries of the proposed areas to be assessed and showing the works of improvement to be maintained, are hereby approved, and a copy thereof shall be on file in the Records Management Department and open to public inspection. The parcels and properties within said area are those proposed to be assessed to pay the costs and expenses for said maintenance work. 43 SECTION 3. That the proposed maintenance work within the area proposed to be assessed shall be for certain landscaping and appurtenant improvements, as said maintenance work is set forth in the Reports to be presented to this City Council for consideration.

SECTION 4. That the Assessment Engineer, Harris & Associates, is hereby ordered to prepare and file with this City Council the Assessment Engineer’s Reports relating to said annual assessment and levy in accordance with the provisions of 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”).

SECTION 5. That upon completion, said Assessment Engineer’s Reports shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to the Assessment Law.

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

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KREIGER LLP

CITY ATTORNEY
44 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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
45 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_1_boundary.mxd Legend
Areas Maintained
Boundary of Area Assessed
Ontario Parkway Maintenance District No. 1
Boundary and Inventory Map
Date: 3/30/2023
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.
0 .700 1,400 Feet
46 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_1_boundary_1of2.mxd Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Ontario Parkway Maintenance District No. 1
Boundary and Inventory Map
Date: 3/30/2023

PINE AVE

BRIAR AVE

BENSON AVE

VINE PL

FERN AVE

ECLIPSE CT

EUCALYPTUS CT

CONTEMPO CT
QUINCE
CT

MAPLE ST

EUCALYPTUS ST

EUCALYPTUS ST

JACARANDA ST

VALENTINE CT

TROPICANA CT

SONOMA CT

LOCUST ST

LINDEN ST

P NI E P L

NOCTURNE CT

CADENZA CT

LOCUST ST

JASMINE PL

TROPICANA ST

TROPICANA CT

QUINCE CT

PHILLIPS ST

MAGNOLIA AVE

FRANCIS ST

ASHLAND ST

MAPLE ST

SIERRA DAWN

CAMELOT CT

MAPLE ST

ZENIA CT

LOCUST ST

JACARANDA ST

BUCCANEER CT

GRANITE AVE

SAN ANTONIO AVE

LANTANA AVE

CYPRESS AVE

BR AI R AVE

BOULDER AVE

CONTEMPO ST

PLATINUM CT

CONTEMPO CT

MONTEZUMA CT

BEVERLY AVE

OAKLAND PL

BEVERLY

QUINCE CT

BONITA CT

ELDERBERRY AVE

BAHIA CT

ALMOND AVE

MAPLE CT OAKS AVE

HELEN AVE

SUNSONG CT

SEASHELL CT

WOODLAWN ST PINE AVE

RALSTON ST AZALEA AVE

CONTE MPO CT

AZALEAAVE

JACARANDA ST

LOCUST ST
ELM ST

BONITA AVE

SONOMA CT

MONTEZUMA ST BONITA PL

TIFFANY PL
PL

VINE AVE

TROPICANA
CT

EUCALYPTUS CT

PALMETTO AVE

MOUNTAIN AVE

LOCUST ST

TROPICANA ST

DAHLIA AVE

QUINCE ST

BOULDER AVE

EUCALYPTUS ST
ELM ST

GRANITE AVE

SAN ANTONIO AVE

MAITLAND ST

RALSTON ST

BELMONT ST

MISTY CT SILVER CT

AMBER PL
COPPER

GOLD CT
CT

CONTEMPO CT

CHESTNUT ST

GREVILLEA ST

BONITA AVE

CLAIR ST

RALSTON ST

BENSON AVE

JUNIPER ST

FRANCIS ST

MAPLE CT

MAPLE ST

MAPLE ST

BOULDER AVE JUNIPER ST

YUCCA ST

AQUARIUS CT

MEDALLION CT

REDWOOD AVE

RALSTON ST

PHILLIPS ST

PHILLIPS ST

JASMINE CT

BRIAR WY

CONTEMPO CT

MONTEZUMA ST

FRANCIS ST

MAGNOLIA AVE

OAKS AVE OAKS AVE

BENSON AVE

LOCUST ST

ELDERBERRY CT

EUCALYPTUS CT
0 .425 850 Feet
Legend Map 1 of 2
Areas Maintained
Boundary of Area Assessed
47 SR -60 Pomona Freeway
U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_1_boundary_2of2.mxd Ontario Parkway Maintenance District No. 1
Boundary and Inventory Map
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Date: 3/30/2023
0 .285 570 Feet
Legend Map 2 of 2
Areas Maintained
Boundary of Area Assessed
48 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_2_boundary.mxd Ontario Parkway Maintenance District No. 2
Boundary and Inventory Map
Legend
Areas Maintained
Boundary of Areas Assessed
Date: 3/30/2023
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.
0 .2,050 4,100 Feet
49 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_2_boundary_1of1.mxd Ontario Parkway Maintenance District No. 2
Boundary and Inventory Map
Date: 3/30/2023
Map 1 of 1 Legend
Areas Maintained
Boundary of Areas Assessed
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.
0 .360 720 Feet
50 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_3_boundary.mxd 0 .1,250 2,500 Feet

SAN ANTONIO AVE

POMONA FREEWAY

CHINO AVE

SCHAEFER AVE

RIVERSIDE DR
WALNUT
ST
Ontario Parkway Maintenance District No. 3
Boundary and Inventory Map
Legend
Areas Maintained
Boundary of Zone 2000-1
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Date: 3/30/2023
51 POMONA FWY (SR 60)

CAMPUS AVE
North Side of Alley
U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_3_boundary_1of5.mxd Ontario Parkway Maintenance District No. 3
Boundary and Inventory Map
0 .220 440 Feet
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Date: 3/30/2023
Legend Map 1 of 5
Areas Maintained
Boundary of Zone 2000-1
52 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_3_boundary_2of5.mxd POMONA FWY (SR60) North Side of Alley
Ontario Parkway Maintenance District No. 3
Boundary and Inventory Map Legend Map 2 of 5
Areas Maintained
Boundary of Zone 2000-1 0
.550 1,100 Feet
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Date: 3/30/2023
53 POMONA FWY (SR-60)
U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_3_boundary_3of5.mxd 0 .435 870 Feet
Ontario Parkway Maintenance District No. 3
Boundary and Inventory Map Note: Reference is hereby made to the Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Date: 3/31/2023
Legend Map 3 of 5
Areas Maintained
Boundary of Zone 2000-1
54 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_3_boundary_4of5.mxd Ontario Parkway Maintenance District No. 3
Boundary and Inventory Map

WALNUT ST

ARCH BI ALD AVE
WY

CRYSTAL
LK CT

BUFFALO RD

ANTLER RD

BLACKPINE PL

ANTLER RD

BROOKSIDE CT

ST ANDREWS DR

DUNES ST DESERT FOREST AVE

PEACHTREE PL

WOODLARK DR DRIFTWOOD PL

OAK HILL DR

PARKG LE N N WY

ASHGATE PL

ANTELOPE
POMONA FWY (SR-60)

CYPRESS POINT PL

BISON WY

BLUE FOX DR

DEER CREEK LOOP

ASHGATE W Y

R PI PLING BROOK PL

DEER CREEK LOOP

ASHGATE W
M
AY

IL A NO ST

MON TEGO
AVE

GENOA CT

CAPR I ST

LAGO ST

S UM MER ISLAN

DEER CREEK LOOP

CANARY CT

TURNER AVE

WHITE STAG R D

REINDEER LN

BUFFALO RD

ACORN PL

CRYSTAL LK RD

HARBOUR TOWN TR SEA ISLAND TR

LAUREL VLY LN

DUNES ST

COGHILL ST CANTERBURY TAM O'

SHANTER

FAIRFIELD ST

OAK HILL DRNORTHSHORES PL

SEAGULL AVE

FIRECREST CT

DUNLIN WY

PINE VALLEY

TURNSTONE

OAK HILL DR

TURNSTONE AVE

HAZELTINE ST

TAM O SHANTER

PINE VALLEY AVE

WALNUT ST

WALNUT ST

HAZELTINE ST

PEACHTREE
PL

PLAINFIELD DR

ARCADIAN SHORES RD

CLEAR LAKE R D

CLEAR LAKE RD

DAY CREEK DR

MOOSEDEE R DR
NORTH

SHORES DR

ARCADIAN
SHORES
RD

CEDAR RIDGE

COLON AI L AVE

COTTONWOOD CT

PEACHTREE PL

PLAINFIELD DR
NORTH
SHORES
DR

PEACHTREE PL

COG HILL CT COG HILL CT

TURNER AVE

LAURELTREE DR

DUNES ST
ST. ANDREWS STCEDAR RIDGE

BROOKSIDE CT

COTTONWOOD TR

PLAINFIELD DR

RIVERSIDE DR

FAWN CT

CARIBOU PL

ARCAD AI N SHORES RD

MERION ST

DUNES ST

OAKMONT ST

DUNES STPINE VALLEY AVE

DOVER PL

WIL M INGTON DR

CANTERBURY

COLON AI L AVE

BROOKSIDE ST

BROOKSIDE ST

CYPRESS POINT PL

SEA ISLAND PLLEXINGTON PL

RICHMOND ST

COLON AI L AVE

FAIRFIELD ST

RIVERSIDE DR RIVERSIDE DR
Legend Map 4 of 5
Areas Maintained
Boundary of Zone 2000-1 0
.350 700 Feet
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Date: 4/3/2023
55 S.C.E.

S.C.E. S.C.E.

S.C.E.

LOW ER
DEER
CREEK

CHANNEL
Landscape buffer in SCE R/W
not yet installed
Future
Bike Path
Entry Statement
in easement only
U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_3_boundary_5of5.mxd Date: 3/30/2023
Ontario Parkway Maintenance District No. 3
Boundary and Inventory Map
0 .470 940 Feet
Legend Map 5 of 5
Areas Maintained
Boundary of Zone 2000-1
Boundary of Zone 2000-2
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.
56 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_4_boundary.mxd MISSION BLVD.

PHILLIPS ST.

BENSON AVE.

FRANCIS ST.

MOUNTAIN AVE.

SAN ANTONIO AVE.

GROVE AVE.

PHILADELPHIA
WALNUT ST.

ST.

RIVERSIDE DR.

EUCLID AVE.

CAMPUS AVE.

VINEYARD AVE.

ARCHIBALD AVE.

MISSION BLVD.

HAVEN AVE.

JURUPA ST.

MILLIKEN AVE.

MISSION BLVD

BENSON AVE

SAN ANTONIO AVE

FRANCIS ST

PHILLIPS ST

MISSION BLVD

POMONA FREEWAY

MOUNTAIN AVE

MILLIKEN AVE RIVERSIDE DR

POMONA FREEWAY

ONTARIO FREEWAY

RIVERSIDE DR
WALNUT
ST

PHILADELPHIA
ST
SIXTH ST.

FIFTH ST.

FOURTH ST.

I ST.

G ST.

D ST.

HOLT BLVD. AIRPORT D
EIGHTH ST.

FOURTH ST.

ONTARIO MILL

BENSON AVE
D ST
G ST
I ST

FOURTH ST

FIFTH ST

SIXTH ST

MOUNTAIN AVE

HOLT BLVD

SAN ANTONIO AVE

EUCLID AVE

SULTANA AVE

CAMPUS AVE

ARCHIBALD AVE

HAVEN AVE

MILLIKEN AVE

ONTARIO FREEWAY

SAN BERNARDINO

FREEWAY
Ontario Parkway Maintenance District No. 4
Boundary and Inventory Map
Legend
Areas Maintained
Boundary of Area Assessed
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Date: 3/31/2023
0 .2,300 4,600 Feet
57 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_4_boundary_1of5.mxd 0 .210 420 Feet
Ontario Parkway Maintenance District No. 4
Boundary and Inventory Map
Date: 4/3/2023
Legend
Areas Maintained
MA - # Boundary and Maintenance Area #
Map 1 of 5
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.
58 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_4_boundary_2of5.mxd Legend Map 2 of 5
Areas Maintained
MA - # Boundary and Maintenance Area #

ROCHESTER AVE
ONTARIO FWY (I-15)

MILLIKEN AVE

MALL DR

FRANK LIN AVE

MILLS CIRCLE

MILLS CIRCLE

FRANKLIN AVE

ONTARIOMILLS DR

GURNEE AVE

ONTARIO MILLS PARKWAY

ONTARIO MILLS DR

CONCOURS ST
Ontario Parkway Maintenance District No. 4
Boundary and Inventoy Map
Date: 4/3/2023
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.
0 .305 610 Feet
59 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_4_boundary_3of5.mxd Map 3 of 5

OAKLEAF RD
POPLAR
N
O
R
T
H

SHORES DR
T
U
R
N
E
R
AV
E

COTTONWOOD CT

PEACHTREE PL

PLAINFIELD DR

GOLDEN TRAILS
P
E
A
C
H
T
R
E
E
P
L
N
O
R
T
H
S

HORE DR

LAURELT

GREENBRIAR
DR

CLOVER LN CLOVER LN
R
O
D
E
O
P
L

NORTHSHOREDR

NORTHSHOREDR

PLAINFIELD PL

PALOMINO CT

JOSHUA TREE ST

PLAINFIELD DR

ROAN ST

SILVER SADDLE ST
SHORE
S
R
D

RIVERSIDE DR

LONGHORN ST

RIVERSIDE DR
JOSHUA

TREE RD

CENTURION PL

ROCKY LN

JOSHUA TREE ST
AUTUMN
RIDGE
RD

ROCKYLN
Ontario Parkway Maintenance District No. 4
Boundary and Inventory Map
160 80
.0 160 Feet Date: 3/31/2023
Legend
Areas Maintained
MA - # Boundary and Maintenance Area #
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.
60 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_4_boundary_4of5.mxd

PINE AVE

ECLIPSE CT

CONTEMPO CT
QUINCE
CT
TROPIC

ILLIPS ST

MAGNOLIA AVE

CYPRESS AVE
B
R
AI R
AV
E
B
O
U
L
D
ER
AV
E
CONTE

BAHIA CT

SUNSONG CT

SEASHELL CT

WOODLAWN ST

AZALEA AVE

PINE AVE
CONTE
M
P
O CT

TROPICANA
CT

PALMETTO AVE

QUINCE ST
ELM ST

GRANITE AVE
COPPER

GOLD CT
CT

CONTEMPO CT

CHESTNUT ST

PHILLIPS ST

BRIAR WY

CONTEMPO CT

MONTEZUMA ST
Map 4 of 5
Ontario Parkway Maintenance District No. 4
Boundary and Inventory Map
Date: 4/3/2023
Note: Reference is hereby made to the
Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.
0 .162.5 325 Feet
Legend
Areas Maintained
MA - # Boundary and Maintenance Area #
61 U:\users\marica\AdminSvcs\CTorres\OPMD maps2023\OPMAD_4_boundary_5of5.mxd Date: 3/31/2023

DEERFIELD ST DEERFIELD ST

DORAL CT

COTTONWOOD ST COTTONWOOD ST

MARIGOLD WY

MERION ST

DORAL CT

VIRGINIA PL

COTTONWOOD CT
AMADOR

MERION CT

DEL NORTE PL

MILDRED PL

MERION CT

DORAL CT
S
A
N
D
P
PI E
R
AV
E

RIVERSIDE DR

GROVE AVE

COTTONWOOD CT

VIRGINIA PL

PARKSIDE AV
Ontario Parkway Maintenance District No 4
Boundary and Inventory Map Note: Reference is hereby made to the Maps of the Assessor of the
County of San Bernardino, California,
For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Map 5 of 5 Legend
Areas Maintained
MA - # Boundary and Maintenance Area # 0 .185 370 Feet
62 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER’S

REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN
ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2023-24.

WHEREAS, the City Council of the City of Ontario, California, pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), did, by previous Resolution, order the preparation of the Assessment Engineer’s Reports for the annual levy of assessments for the referenced Fiscal Year in the maintenance assessment districts known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 (the “Districts”); and
WHEREAS, there has now been presented to this City Council the Assessment Engineer’s Reports as required by the Assessment Law and as previously directed by Resolution; and
WHEREAS, this City Council has now examined and reviewed the Assessment Engineer’s Reports as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said Assessment Engineer’s Reports.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the Assessment Engineer’s Reports as presented, consisting of the following:

A. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the Districts for the referenced fiscal year;
C. A diagram for each District, showing the area and properties proposed to be assessed; and
63 D. An annual assessment for the referenced Fiscal Year of the estimated costs of the maintenance of those improvements to be maintained during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within the Districts in proportion to the special benefits received; are hereby approved on a preliminary basis and are ordered to be filed in the Records Management Department as a permanent record and to remain open to public inspection.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Assessment Engineer’s Reports.

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

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KREIGER LLP

CITY ATTORNEY
64 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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
65 RESOLUTION NO. ________

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

CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN

ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2023-24 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT
DISTRICTS NO. 1, 2 AND 3, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF

THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

WHEREAS, the City Council of the City of Ontario, California, has previously formed landscaping maintenance assessment districts pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2, of the Streets and Highways Code of the State of California, in what is known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3 (hereinafter referred to as the Districts); and
WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said Districts; and
WHEREAS, at this time, there has been presented and approved by this City Council, the Engineer's Reports as required by law, and this City Council desires to conduct the proceedings for said annual levy.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to service and benefit said Districts as said area is shown and delineated on the maps as previously approved by this City Council and on file in the Records Management Department, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the Engineer’s Reports, incorporated herein as a part hereof.
66 REPORT
SECTION 3. That the Engineer’s Reports regarding the annual levy for said Districts, which Reports are for maintenance for said fiscal year, are hereby approved and are directed to be filed in the Records Management Department.

ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the Districts as set forth and described in said Engineer's Reports, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said Reports.

DESCRIPTION OF MAINTENANCE
SECTION 5. The assessments levied and collected shall be for the maintenance of certain parkway landscaping and appurtenant improvements, as set forth in the Engineer's Reports, referenced and so incorporated herein.

COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and the County Tax Collector shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said Districts.

SPECIAL FUND
SECTION 7. That all monies collected shall be deposited in a special fund.

Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said fund as it may deem necessary to expedite the proceedings. Any such transfer shall be repaid out of the proceeds of the assessments provided for in this Resolution.

BOUNDARIES OF DISTRICTS
SECTION 8. Said contemplated maintenance work is in the opinion of this City Council, of direct benefit to the properties within the boundaries of the Districts, and this City Council makes the costs and expenses of said maintenance chargeable upon the Districts, which Districts said City Council hereby declares to be the Districts benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said Districts shall include each and every parcel of land within the boundaries of said Districts, as said Districts are shown on the maps as approved by this City Council and on file in the Records Management Department. 67 PUBLIC PROPERTY
SECTION 9. Any lots or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2, of the Streets and Highways Code of the State of California, which are included within the boundaries of the Districts, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said improvement and maintenance work.

PUBLIC HEARING
SECTION 10. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD THE 18th DAY OF JULY, 2023, AT THE HOUR OF 6:30 O'CLOCK P.M., IN

THE REGULAR MEETING OF THE CITY COUNCIL, BEING IN THE COUNCIL

CHAMBERS, WHICH IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR

THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL

LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, BY PROPERTY

OWNERS AFFECTED HEREBY AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION; PROVIDED, THAT, IN THE EVENT THE JULY 18, 2023 CITY COUNCIL

MEETING IS HELD VIA TELECONFERENCE AND/OR VIDEO CONFERENCE ONLY,

THE MEANS BY WHICH THE PUBLIC MAY OBSERVE SUCH PUBLIC HEARING AND

OFFER PUBLIC COMMENT SHALL BE PRESCRIBED IN THE NOTICE AND AGENDA FOR SUCH CITY COUNCIL MEETING. ANY PERSONS WHO WISH TO OBJECT TO

THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST

WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE
SECTION 11. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing.

SECTION 12. That this Resolution shall take effect immediately upon its adoption.

SECTION 13. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

Cecilia House
City of Ontario
303 East “B” Street
Ontario, California 91764
(909) 395-2088
68 The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KREIGER LLP

CITY ATTORNEY
69 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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
70 RESOLUTION NO. ________

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

CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN

ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2023-24 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT
DISTRICT NO. 4, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF

CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON.

WHEREAS, the City Council of the City of Ontario, California, has previously formed a landscaping maintenance assessment district, and authorized the levy of assessments therein pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”) in what is known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4
(the “District”); and
WHEREAS, the City Council previously undertook proceedings as required by the Assessment Law to consider the approval of the levy of (a) maximum annual assessments to finance the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance thereof for maintenance, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received; together with a formula pursuant to which such maximum assessment may be adjusted annually for inflation, and (b) an initial annual assessment of the estimated costs of the maintenance of those improvements to be maintained during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received; and WHEREAS, upon the conclusion of the public hearing related to the proposed levy of the maximum annual assessments referred to in the preceding recital, the assessment ballots submitted in favor of the maximum annual assessments and the assessment ballots received in opposition to the levy of the maximum annual assessments were tabulated with assessment ballots weighted according to the proportional financial obligation of the affected properties; and
71 WHEREAS, as a result of the tabulation of the assessment ballots submitted, it was determined that the assessment ballots submitted, and not withdrawn, in favor of the proposed maximum annual assessment exceeded the assessment ballots submitted, and not withdrawn, in opposition to the levy of the maximum annual assessment; and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for the referenced Fiscal Year, to finance the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, at this time, there has been presented and approved by this City Council, the Assessment Engineer’s Report as required by the Assessment Law, and this City Council desires to conduct the proceedings to authorize said annual levy; and WHEREAS, the proposed annual assessments for the referenced Fiscal Year as set forth in the Assessment Engineer’s Report do not exceed the maximum annual assessments as previously authorized to be levied and, therefore, the proposed levy of assessments for the referenced Fiscal Year are not deemed to be “increased” over the maximum annual assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

RECITALS
SECTION 1. That the above recitals are all true and correct.

IMPROVEMENTS AND MAINTENANCE
SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of the improvements described below, all to service and specially benefit the properties within said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Records Management Department, open to public inspection, and herein so referenced and made a part hereof.

The improvements to be maintained include the landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalks within designated medians, parkways, other public rights-of-way and dedicated easements specially benefiting the properties within the District.

The maintenance of such landscaping shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including:
(a) Repair, removal, or replacement of all or any part of any improvement; 72 (b) Providing for the life, growth, health, and beauty of the improvements, including cultivation, irrigation, trimming, spraying, fertilizing, and/or treating for disease and injury; and
(c) The removal of trimmings, rubbish, and debris.

The annual assessment for the referenced Fiscal Year shall be levied only for those improvements completed or projected to be completed and accepted by this City Council for maintenance prior to or during said Fiscal Year.

ASSESSMENT ENGINEER’S REPORT
SECTION 3. That the Assessment Engineer’s Report regarding the annual levy for said District, which Report is for maintenance for the said Fiscal Year, is hereby approved and is directed to be filed in the Records Management Department. Reference is made to such Report for a full and detailed description of the improvements to be maintained, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District.

ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Assessment Engineer’s Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in the Assessment Engineer’s Report.

BOUNDARIES OF DISTRICT
SECTION 5. Said contemplated maintenance work is in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a District, which District said City Council hereby declares to be the District benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Records Management Department, and so designated by the name of the District.
73 PUBLIC HEARING
SECTION 6. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD THE 18th DAY OF JULY, 2023, AT THE HOUR OF 6:30 O'CLOCK P.M., IN

THE REGULAR MEETING OF THE CITY COUNCIL, BEING IN THE COUNCIL

CHAMBERS, WHICH IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR

THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL

LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, BY ANY

INTERESTED PERSON AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION; PROVIDED, THAT, IN THE EVENT THE JULY 18, 2023 CITY COUNCIL

MEETING IS HELD VIA TELECONFERENCE AND/OR VIDEO CONFERENCE ONLY,

THE MEANS BY WHICH THE PUBLIC MAY OBSERVE SUCH PUBLIC HEARING AND

OFFER PUBLIC COMMENT SHALL BE PRESCRIBED IN THE NOTICE AND AGENDA FOR SUCH CITY COUNCIL MEETING. ANY PERSONS WHO WISH TO OBJECT TO

THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST

WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE
SECTION 7. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing.

EFFECTIVE DATE OF RESOLUTION
SECTION 8. That this Resolution shall take effect immediately upon its adoption.

PROCEEDING INQUIRIES
SECTION 9. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

Cecilia House
City of Ontario
303 East “B” Street
Ontario, California 91764
(909) 395-2088
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
74 PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KREIGER LLP

CITY ATTORNEY
75 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2023- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
76 Department: Financial Services
Prepared By: Nathaniel Gibson
Staff Member Presenting:

Armen Harkalyan, Executive Director of Finance
Reviewed By: Cecilia House, . .

Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT: ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2023-24

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION:

That the City Council adopt Resolutions pertaining to the levy of assessments within Street Lighting Maintenance District (SLMD) Nos. 1 and 2:

A. A Resolution initiating proceedings and ordering the preparation of an Engineer’s Report for each district relating to the annual levy of assessments; B. A Resolution giving preliminary approval of the Engineer’s Reports; and C. A Resolution for each district declaring the City’s intention to levy the special assessments for Fiscal Year 2023-24 and set the date of July 18, 2023, for a Public Hearing on each district in accordance with the Landscaping and Lighting Act of 1972.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: As proposed, special assessment revenue will be generated in the amount of $339,815 from SLMD No. 1 and $102,417 from SLMD No. 2 during Fiscal Year 2023-24. A portion of the facilities within SLMD No. 1 provide general benefit to the public at large and cannot be funded with the assessment. The amount of general benefit is $7,972. This amount will be provided from the General Fund and will be included in the Fiscal Year 2023-24 Budget.

BACKGROUND & ANALYSIS: Street Lighting Maintenance District No. 1 was formed in 1984, and Street Lighting Maintenance District No. 2 was formed in 1999, pursuant to the Landscaping and Lighting Act of 1972 (the 1972 Act), to help minimize the continually increasing cost for maintaining and operating the City's street lighting system. A special assessment is levied annually on benefiting properties for the cost of maintenance and operation of certain street lighting facilities within the districts. The locations of the districts are shown on the attached maps. 77 The City’s Public Works Agency establishes the annual maintenance costs and maintains the street lighting system. An Engineer’s Report for each district must be prepared annually, apportioning the costs to each parcel within the districts. The districts are comprised of commercial, industrial and some multi-family residential properties. Due to varying characteristics, the districts are organized into benefit zones and/or maintenance areas. Each zone/maintenance area is assessed for only the operation and maintenance of the facilities from which it receives direct special benefit. The total assessment for each zone/maintenance area is then apportioned to its constituent parcels.

Therefore, the assessments are unique and specific to each individual parcel of property.

The City contracted with Harris and Associates to perform a Capital Replacement Study for SLMD 1 and 2. The study established a capital replacement plan which set the initial year replacement requirement amount higher and will gradually decrease over the years. The capital replacement cost for Fiscal Year 2023-24 is $189,896 and CPI is 7.3%. Capital replacement of $189,896 was apportioned as follows: ($117,637 for SLMD 1, zone 2000-1; $24,332 for SLMD 1, zone 2000-2; and $47,927 for SLMD 2).

The total assessment during tax year 2022-23 was $315,643 in SLMD No. 1, and $95,480 in SLMD No. 2. The City’s proposed Fiscal Year 2023-24 assessment for the two street light maintenance districts is based on the previous year’s actual expenses. The proposed total assessments for tax year 2023-24 are $339,815 in SLMD No. 1, and $102,417 in SLMD No. 2. A portion of the facilities within SLMD No. 1 provide general benefit to the public at large and cannot be funded with the assessment. The amount of this general benefit is $7,972 for Fiscal Year 2023-24. The general benefit will rely on a General Fund subsidy and is included in the City's adopted budget for Fiscal Year 2023-24. The assessed tax rates for Fiscal Year 2022-23, and the proposed and maximum tax rates for Fiscal Year 2023-24, are shown in Exhibit A.

Pursuant to the 1972 Act, Engineer’s Reports have been prepared for each district, and are on file with the Records Management Department. Each report includes plans and specifications for the improvements being operated and maintained, an estimate of costs, a diagram of the area proposed to be assessed, and an assessment of the costs to the various parcels within the districts.

A public hearing is required for each district prior to adoption of the proposed assessments. A combined public hearing will be held on July 18, 2023, for the purpose of accepting comments and written protests for both districts. At the conclusion of the public hearing the City Council will consider adoption of Resolutions confirming the assessments and ordering the levy of the assessments for tax year 2023-24. Notice of the public hearing for the levy of assessments will be published in the local newspaper, in accordance with the applicable statutes. 78 Prior Year Maximum Proposed
2022-23 2023-24 2023-24
SLMD No. 1, Zone 2000-1 per AU $ 108.00 $ 185.00 $ 116.00 SLMD No. 1, Zone 2000-2 per AU $ 63.00 $ 152.00 $ 67.00 SLMD No. 2, MA# 99-1 $ 4,358.00 $ 13,191.00 $ 4,677.00
SLMD No. 2, MA# 99-2 $ 2,333.00 $ 6,559.00 $ 2,503.00
SLMD No. 2, MA# 99-3 $ 4,666.00 $ 10,931.00 $ 5,006.00
SLMD No. 2, MA# 99-4 $ 1,554.00 $ 4,378.00 $ 1,642.00
SLMD No. 2, MA# 99-5 $ 1,282.00 $ 4,104.00 $ 1,376.00
SLMD No. 2, MA# 99-6 $ 12,565.00 $ 38,307.00 $ 13,483.00 SLMD No. 2, MA# 99-7 $ 422.00 $ 1,185.00 $ 453.00
SLMD No. 2, MA# 99-8 $ 3,111.00 $ 8,745.00 $ 3,338.00
SLMD No. 2, MA# 00-1 $ 2,839.00 $ 4,024.00 $ 3,046.00
SLMD No. 2, MA# 00-2 $ 1,555.00 $ 2,685.00 $ 1,668.00
SLMD No. 2, MA# 00-3 $ 8,552.00 $ 14,756.00 $ 9,174.00
SLMD No. 2, MA# 00-4 $ 52,240.00 $ 84,497.00 $ 56,053.00 Street Lighting Maintenance Districts Proposed Levy Rates FY 23-24

EXHIBIT A
79 N
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Referenceisherebymadetothe
MapsofTheAssessoroftheCountyof
SanBerndardino,California,foradetailed
descriptionofthelinesanddimensions
oftheparcelsshownhereon.

Legend
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SafetyLight(339)
!
Conventional(1,422)
Zone2000-1
Zone2000-2
.

Date:3/13/2023
01,8003,6007,200Feet
StreetLightMaintenanceDistrict1
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Referenceisherebymadetothe
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SanBerndardino,California,foradetailed
descriptionofthelinesanddimensions
oftheparcelsshownhereon.

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Date:3/14/2023
01,8753,7507,500Feet
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S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 01,8753,7507,500Feet
81 RESOLUTION NO. ________

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

CALIFORNIA, ORDERING THE PREPARATION OF THE ASSESSMENT
ENGINEER’S REPORTS PURSUANT TO THE PROVISIONS OF
DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF

THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL

ASSESSMENT LEVY WITHIN ONTARIO STREET LIGHTING
MAINTENANCE DISTRICTS NO. 1 AND NO. 2 FOR FISCAL YEAR
2023-24.

WHEREAS, the City Council of the City of Ontario, California, previously formed maintenance districts pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2
(the “Districts”); and
WHEREAS, at this time the City Council desires to initiate proceedings to provide for the annual levy of assessments for the referenced Fiscal Year to provide for the annual costs for maintenance of improvements within the Districts; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the Fiscal Year commencing July 1, 2023, and ending June 30, 2024; and WHEREAS, there has been submitted to this City Council for its consideration at this time, maps showing the boundaries of the areas affected by the levy of the assessments for the above-referenced Fiscal Year, and inventory maps showing and describing in general the works of improvement proposed to be maintained in said Districts, said description being sufficient to identify the works of improvement and the areas proposed to be assessed for said maintenance thereof.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the maps entitled

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2

BOUNDARY MAP AND INVENTORY MAPS
attached hereto, as submitted to this City Council, showing the boundaries of the proposed areas to be assessed and showing the works of improvement to be maintained, 82 are hereby approved, and a copy thereof shall be on file in the Records Management Department and open to public inspection. The proposed parcels and properties within said areas are those to be assessed to pay the costs and expenses for said maintenance work.

SECTION 3. That the proposed maintenance work within the areas proposed to be assessed shall be for street lighting and signal and appurtenant improvements, as said maintenance work is set forth in the Reports to be presented to this City Council for consideration.

SECTION 4. That the Assessment Engineer, Harris & Associates, is hereby ordered to prepare and file with this City Council the Assessment Engineer’s Reports relating to said annual assessment and levy in accordance with the provisions of 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”).

SECTION 5. That upon completion, said Assessment Engineer’s Reports shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to the Assessment Law.

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

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KREIGER LLP
83 CITY ATTORNEY

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
84 I-10 FWY E.B.

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Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
# Safety Light
! Conventional
Zone 2000-1
Zone 2000-2
.

Date: 3/13/2023
0 462.5 925 1,850 Feet
Street Light Maintenance District 1
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 1\SLMD 1 Count_2021-04-16_mapbook.mxd

I-10 FWY W.B.

E NORTH WY
I-10W/B ONRAMP

E AIRPORT DR
I-10 E/B ON RAMP

E JOHN BANGS DR

E MILLS CI

E CENTRELAKE
DR

E FOURTH ST
I-10 FWY E.B.

I-10 W/B OFF RAMP
N
S
E
Q
U
OIA
AV
S EA
S
T
W
Y

E GUASTI RD
I-10 E/B ONRAMP

E PEPPER TREE RD
I-10 W/B OFFRAMP

E PORSCHE WY

E INLAND EMPIRE BL

E SYCAMORE DR

E TERMINAL WY
N A
R

CHIBALD
AV
I-10 FWY E.B.

E GUA STI RD

E NORTH WY

E M LI LS
CI

E GUASTI RD

E AIRPORT DR

E FOURTH ST E FOURTH ST E FOURTH ST
I-10 W/B OF FRAMP

E MILLS CI
I-10 FWY W.B.

E FOURTH ST
I-10 FWY E.B.

E N O RTH WY

E GUASTI RD

E FOURTH ST

E GUASTI R D

E M ILLS CI

E GUASTI RD

E FOURTH ST

E GUASTI RD E GUASTI RD
Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
# Safety Light
! Conventional
Zone 2000-1
.

Date: 3/13/2023
0 750 1,500 3,000 Feet
Street Light Maintenance District 1
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 1\SLMD 1 Count_2021-04-16_mapbook.mxd

"drainage road"

E FRANCIS ST
I-10 I-15 INT
RC
H
I-15 I-10 INTRCH
S

WINEVILLE
AV
I-15 FW
Y
S.B.

I-15
FWY
N.B.

E SHEA CENTER DR
S

KETTERING
DR
I-10 I-15 INTRCH
I-10 I-15 U BTRCH

E MISSION BL
I-10W/B ONRAMP

E AIRPORT DR
I-15
S/B
O
N
RAM
P

E JOHN BANGS DR

E CENTRELAKE DR
I-10 FWY E.B. N
S
E
Q
U
OIA
AV
S
VINTA
GE AV
S
S
A
R
AH PL

S HOFER
R
ANCH R
D

E SANTA ANA ST

S HAVEN AV

E GUAST I RD

E JURUPA ST

E PEPPER TREE RD

E ONTARIO MILLS PW
I-10 FWY W.B.

I-10 W/B OFFRAMP

E NORTH WY E AIRPORT DR
I-10 I-15 INTRCH
I-10 FWY E.B.

I-15 FW
Y N.B.

I-10 FWY E.B.

E GUASTI RD

E GUASTI RD
I-15 I-10 INTR CH
S
VINTA
GE AV
I-15 FW
Y
N B. .

E GUASTI RD
I-10 FWY W.B.

E GUASTI RD
I-15
FWY
S.B.

Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
# Safety Light
! Conventional
Zone 2000-1
.

Date: 3/13/2023
0 950 1,900 3,800 Feet
Street Light Maintenance District 1
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 1\SLMD 1 Count_2021-04-16_mapbook.mxd

I-15 FW
Y
S.B.
"drainage road"
S
VINTA
GE AV
I-15
FWY
N.B.

S.R.-60 FWY E.B.

S.R.-60 FWY W.B.

E MISSION BL
S
H
AV
E
N
AV
S
T
O
WER
D
R
I-15
S/B
O
N
RAM
P
S
P
O
N
DER
O
S
A
AV
SR-60 E/B ONRAMP SR-60 W/B ONRAMP
S

MILLIKEN AV

E FRANCIS ST
S
S
A
R
AH PL

S HOFER
R
ANCH R
D
S

WINEVILLE AV
S
DEL R
OI PL

E PHILADELPHIA ST
S
HELLM
A
N
AV
S
S
TA
NFO
R
D
AV

E JURUPA ST

E WALNUT ST S
TURNER
AV
S.R.-60 FWY W.B.

E MISSION BL

E MISSION BL

E FRANCIS ST

E MISSION BL
S
HELLM
A
N
AV

S HELLM
AN AV
Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
# Safety Light
! Conventional
Zone 2000-1
.

Date: 3/13/2023
0 1,150 2,300 4,600 Feet
Street Light Maintenance District 1
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 1\SLMD 1 Count_2021-04-16_mapbook.mxd

S BO
N
V EI W
AV

E MISSION BL
S BA
KER
AV

E AVION ST
S PA
R
C
O
AV
S
G
R
O
VE AV
S
T
O
WER
D
R

E LOCUST ST S
W
ALKER
AV
S
M LI D
RED
AV

E ONTARIO BL

E LOWELL ST

E CEDAR ST

E KERN ST

E JURUPA ST

S HOPE AV
S
G
REEN
W
O
O
D
AV

E CALIFORNIA ST

E MAPLE ST

E ELM ST
S LA
KE PL

E FRANCIS ST

E ELM CT
S LY
N
X PL
S
C
A
RLO
S
AV

E ACACIA CT
E AVIO
N PL
S
S
A
C
R
A
MENT
O
AV

E FREMONT CT

S BALBO
A
AV

E ACACIA ST
S
HELLM
A
N
AV

E BELMONT ST
S
VINEYA
R
D
AV
S
C
U
C
A
M
O
N
G
A
AV

E SPRUCE ST

E MISSION B L

E FRANCIS ST

E FRANCIS ST

E MISSION BL
S
G
R
O
VE AV
S
HELLM
A
N
AV
S
C
U
C
A
M
O
N
G
A
AV

E ACACIA ST E ACACIA ST
S
G
R
O
VE AV

E CEDAR ST
S BO
N
V EI W
AV

E CEDAR ST

E ACACIA ST

E MISSION BL

E MISSION BL

E CEDAR ST

E LOCUST ST

E CEDAR ST

S HELLM
AN AV
S BA
KER
AV

E MISSION BL

E FRANCIS ST
S
VINEYA
R
D
AV

E MISSION BL

E SPRUCE ST

E FRANCIS ST

E AVION ST
S
G
R
O
VE AV
S PA
R
C
O
AV

E ELM ST
S
C
U
C
A
M
O
N
G
A
AV

S HOPE AV
S BO
N
V EI W
AV

E FRANCIS ST

E MISSION BLE MISSION BL
S
HELLM
A
N
AV

E FRANCIS ST
S
W
ALKER
AV
S
C
A
RLO
S
AV

E LOCUST ST

E ACACIA ST
S
W
ALKER
AV
Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
# Safety Light
! Conventional
Zone 2000-1
.

Date: 3/13/2023
0 700 1,400 2,800 Feet
Street Light Maintenance District 1
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 1\SLMD 1 Count_2021-04-16_mapbook.mxd

!
! !
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
! #
#
# ##
#

E MISSION BL

S HAVEN AV
S
TURNER
AV
S
A
R

CH BI ALD
AV

E JURUPA ST

S POINTE AV
S BUS
NI ES
S PW

E FRANCIS ST

S HOFER
R
ANCH R
D
S
S
T
E
RLIN
G
AV

S MET RO WY
S
TURNER
AV

E FRANCIS ST
Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
# Safety Light
! Conventional
Maintenance District 2
.

Date: 3/13/2023 Page 1 of 9
0 395 790 1,580 Feet
Street Light Maintenance District 2
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 0 395 790 1,580 Feet
90 !
!
!
!
!
!
!
!
E
JURUPA
ST

S ET WI ANDA AV

S CHAMPAGNE AV

JURUPAAV
Note:

Referenceisherebymadetothe
MapsofTheAssessoroftheCountyof
SanBerndardino,California,foradetailed
descriptionofthelinesanddimensions
oftheparcelsshownhereon.

Legend
!
Conventional
MaintenanceDistrict2
.

Date:3/13/2023Page2of9
0205410820Feet
StreetLightMaintenanceDistrict2
BoundaryandInventoryMap
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 0205410820Feet
91 !
!
! !
!
!
!
!
##

E AIRPORT DR
E D ST
I-10 FWY E.B.

I-10 FWY W.B.

N
C
O
R
O
N
A
AV
N
V
NI EYA
R
D
AV

E HOLT BL

E FLORA ST
E
G
ST

E GUASTI RD
I-10 E/B ONRAMP

E INLAND EMPIRE BL
S
V
NI EYA
R
D
AV

E MOORE WY
I-10 W/B OFFRAMP

E KLINE CT

E CONVENTION CENTER WY
I-10 W/B OFF RAMP
N
M
A
R
NI AV
N
M
A
DER
A
AV
E

DEARBORN CT

E ELMA ST
N M
A

RIN PRIVA
D
O
Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
# Safety Light
! Conventional
Maintenance District 2
.

Date: 3/13/2023 Page 3 of 9
0 310 620 1,240 Feet
Street Light Maintenance District 2
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 0 310 620 1,240 Feet
92 !
!
S.R.-60 FWY E.B.

S.R.-60 FWY W.B.

E WALNUT ST
SR-60 E/B OFFRAMP
SR-60 W/B ONRAMP

E OAK HILL DR
SR-60 E/B ONRAMP
SR-60 W/B OFFRAMP
S
SEA

GULL AV

E RICHMOND ST

E TAM O'SHANTER CT
S
A
R

CH BI ALD
AV

E FAIRFIELD ST
S
C

OLON AI L AV

S WOODLARK DR
S
D
O
VER PL
S
N
O
R
TH SHO
RES PL
Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
! Conventional
Maintenance District 2
.

Date: 3/13/2023 Page 4 of 9
0 260 520 1,040 Feet
Street Light Maintenance District 2
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 0 260 520 1,040 Feet
93 !
!
!
!
E
F
R
A
N
C
I
S
S
T

S BAKER AV

S VINEYARD AV

S SACRAMENTO AV

S BALBOA AV
Note:

Referenceisherebymadetothe
MapsofTheAssessoroftheCountyof
SanBerndardino,California,foradetailed
descriptionofthelinesanddimensions
oftheparcelsshownhereon.

Legend
!
Conventional
MaintenanceDistrict2
.

Date:3/13/2023Page5of9
0130260520Feet
StreetLightMaintenanceDistrict2
BoundaryandInventoryMap
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 0130260520Feet
94 !
!
!
#
#
S
A
R

CH BI ALD
AV
S
C
OLO
N

AI L AV

E RIVERSIDE DR

E DUNES ST
S
DESER
T FO
RES
T
AV

S P NI E VALLEY
AV
S
CED
A
R
R

DI GE PL
S
C
YPRES

S PO NI T
D
R

E SALEM ST

E NORWICH ST

E DANBURY ST
S

SEA ISLA
N
D
T
R
S
C

ANTERBURY
T
R
S HA
RBOUR
T
O
W
N
T
R

E OAKMONT ST

E COTTONWOOD TR
Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
# Safety Light
! Conventional
Maintenance District 2
.

Date: 3/13/2023 Page 6 of 9
0 170 340 680 Feet
Street Light Maintenance District 2
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 0 170 340 680 Feet
95 !
!
I
-
1 0
F
W
Y
E
.

B
.

I
-
1 0
F
W
Y
W
.

B
.

EAIRPORTDR
I-15 FWY S.B.

I-15 FWY N.B.

S WINEVILLE AV

E GUASTI
R
D
"drainage road"
E
S
H
E
A
C
E
N
T
E
R
D
R

S KETTERING DR

S ROCHESTER AV

S WANAMAKER AV
E
B
R
I
C
K
E
L
L
S
T
Note:

Referenceisherebymadetothe
MapsofTheAssessoroftheCountyof
SanBerndardino,California,foradetailed
descriptionofthelinesanddimensions
oftheparcelsshownhereon.

Legend
!
Conventional
MaintenanceDistrict2
.

Date:3/13/2023Page7of9
03006001,200Feet
StreetLightMaintenanceDistrict2
BoundaryandInventoryMap
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 03006001,200Feet
96 !
!!!
!
!!
!
!!#
E
P
H
I
L
A
D
E
L
P
H
I
A
S
T

S GROVE AV

S PARCO AV

S CUCAMONGA AV
E
C
E
D
A
R
S
T
E
S
P
R
U
C
E
S
T

S WALKER AV

S AUGUSTA PL

S GREEN PR VI ADO

S LAKE PL

S AUGUSTA CT
E
C
H
I
E
F
P
R
I
VA
D
O
E
C
E
D
A
R
S
T

S CUCAMONGA AV
E
C
E
D
A
R
S
T

S WALKER AV
Note:

Referenceisherebymadetothe
MapsofTheAssessoroftheCountyof
SanBerndardino,California,foradetailed
descriptionofthelinesanddimensions
oftheparcelsshownhereon.

Legend
#
SafetyLight
!
Conventional
MaintenanceDistrict2
.

Date:3/13/2023Page8of9
0262.55251,050Feet
StreetLightMaintenanceDistrict2
BoundaryandInventoryMap
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 0262.55251,050Feet
97 !
!
!
!
!
!
!
!
!
!
! !
!
!
!
!
!
!
!
! !
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
! !
!
!
!
!
!
!
!
!
!
! !
!
!
!
!
!
#
#
#
#
# #
#
#
#
#
S.R.-60 FWY E.B. S.R.-60 FWY W.B.

S HAVEN AV

E PHILADELPHIA ST
S
TURNER
AV

E BRENTSTONE ST

E MISSION BL

E CEDAR ST

E GREYSTONE DR
S

MILLIKEN
AV

E LYTLE CREEK LP
SR-60 W/B ONRAMP
S EX

CISE AV

S PONDER
O
S
A
AV
SR-60 W/B OFFRAMP

E BIG CREEK RD
S
SEQ
U
OIA
AV
S
D
E
E
R
C
RE
E
K
LP

E BUFFALO
R
D
S
S
TERLIN
G
AV
S
D
O
UBLED
AY
AV

S WOODLAR
K
D
R

E ANTLER RD

E WALNUT ST

E HONEYGLEN WY
S
TURNER
AV

E ANTLER RD
Note:

Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.

Legend
# Safety Light
! Conventional
Maintenance District 2
.

Date: 3/13/2023 Page 9 of 9
0 490 980 1,960 Feet
Street Light Maintenance District 2
Boundary and Inventory Map
S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 23-24\SLMD 2\SLMD 2 Count_2023-03-13_mapbook.mxd 0 487.5 975 1,950 Feet
98 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER’S

REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN
ONTARIO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1
AND NO. 2 FOR FISCAL YEAR 2023-24.

WHEREAS, the City Council of the City of Ontario, California, pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), did, by previous Resolution, order the preparation of the Assessment Engineer’s Reports for the annual levy of assessments for the referenced Fiscal Year in the maintenance assessment districts known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2
(the “Districts”); and
WHEREAS, there has now been presented to this City Council the Assessment Engineer’s Reports as required by the Assessment Law and as previously directed by Resolution; and
WHEREAS, this City Council has now examined and reviewed the Assessment Engineer’s Reports as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments on a preliminary basis, have been assessed in accordance with the special benefits received from the improvements to be maintained, as set forth in said Assessment Engineer’s Reports.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the Assessment Engineer’s Reports as presented, consisting of the following:

A. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained and the extent of such maintenance for each District;
B. An estimate of the cost of the maintenance of the improvements for each District for the referenced Fiscal Year;
99 C. A diagram for each District, showing the area and properties proposed to be assessed; and
D. An annual assessment within each District for the referenced Fiscal Year of the estimated costs of the maintenance of those improvements to be maintained during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within each District in proportion to the special benefits received;
are hereby approved on a preliminary basis and are ordered to be filed in the Records Management Department as a permanent record and to remain open to public inspection.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Assessment Engineer’s Reports.

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KREIGER LLP

CITY ATTORNEY
100

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
101
RESOLUTION NO. ________

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

CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN

ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR
FISCAL YEAR 2023-24 IN ONTARIO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF

CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON.

WHEREAS, the City Council of the City of Ontario, California, has previously formed a street lighting maintenance assessment district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), in what is known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as the District); and
WHEREAS, the City Council has previously undertaken proceedings as required by the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act and, together with the 1972 Act and Article XIIID, the “Assessment Law”) to approve and has approved the levy of maximum annual assessments to finance the estimated costs of the maintenance of all of the improvements to be maintained, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received; together with a formula pursuant to which such maximum assessments may be adjusted annually for inflation; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the referenced Fiscal Year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and
WHEREAS, at this time, there has been presented and approved by this City Council, the Engineer's Report as required by law, and this City Council desires to conduct the proceedings for said annual levy; and
WHEREAS, the proposed annual assessments for the referenced Fiscal Year as set forth in the Assessment Engineer’s Report do not exceed the maximum annual assessments as previously authorized to be levied and, therefore, the proposed levy of assessments for the referenced Fiscal Year are not deemed to be “increased” over the maximum annual assessments.
102
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to service and specially benefit said District as said area is shown and delineated on the maps as previously approved by this City Council and on file in the Records Management Department, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the Engineer’s Report, incorporated herein as a part hereof.

REPORT
SECTION 3. That the Engineer’s Report regarding the annual levy for said District, which Report is for maintenance for said Fiscal Year, is hereby approved and is directed to be filed in the Records Management Department. Reference is made to such Report for a full and detailed description of the improvements to be maintained, the boundaries of the District and the zones therein, and the proposed assessments on assessable lots and parcels of land within the District.

ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said Report.

DESCRIPTION OF MAINTENANCE
SECTION 5. The assessments levied and collected shall be for the maintenance of certain street lighting and appurtenant improvements, as set forth in the Engineer's Report, referenced and so incorporated herein.

COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and the County Tax Collector shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District.
103

SPECIAL FUND
SECTION 7. That all monies collected shall be deposited in a special fund.

Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said fund as it may deem necessary to expedite the proceedings. Any such transfer shall be repaid out of the proceeds of the assessments provided for in this Resolution.

BOUNDARIES OF DISTRICT
SECTION 8. Said contemplated maintenance work is in the opinion of this City Council, of special benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon the District, which District said City Council hereby declares to be the District specially benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on the maps as approved by this City Council and on file in the Records Management Department.

PUBLIC HEARING
SECTION 9. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD THE 18th DAY OF JULY, 2023, AT THE HOUR OF 6:30 O'CLOCK P.M., IN

THE REGULAR MEETING OF THE CITY COUNCIL, BEING IN THE COUNCIL

CHAMBERS, WHICH IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR

THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL

LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, BY PROPERTY

OWNERS AFFECTED HEREBY AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION; PROVIDED, THAT, IN THE EVENT THE JULY 18, 2023 CITY COUNCIL

MEETING IS HELD VIA TELECONFERENCE AND/OR VIDEO CONFERENCE ONLY,

THE MEANS BY WHICH THE PUBLIC MAY OBSERVE SUCH PUBLIC HEARING AND

OFFER PUBLIC COMMENT SHALL BE PRESCRIBED IN THE NOTICE AND AGENDA FOR SUCH CITY COUNCIL MEETING. ANY PERSONS WHO WISH TO OBJECT TO

THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST

WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE
SECTION 10. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing.

SECTION 11. That this Resolution shall take effect immediately upon its adoption.
104
SECTION 12. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

Cecilia House
City of Ontario
303 East “B” Street
Ontario, California 91764
(909) 395-2088
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KREIGER LLP

CITY ATTORNEY
105

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
106
RESOLUTION NO. ________

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

CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN

ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR
FISCAL YEAR 2023-24 IN ONTARIO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF

CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON.

WHEREAS, the City Council of the City of Ontario, California, has previously formed a street lighting maintenance assessment district, and authorized the levy of assessments therein pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”) in what is known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICT NO. 2
(the “District”); and
WHEREAS, the City Council previously undertook proceedings as required by the Assessment Law to consider the approval of the levy of (a) maximum annual assessments to finance the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance thereof for maintenance, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received; together with a formula pursuant to which such maximum assessment may be adjusted annually for inflation, and (b) an initial annual assessment of the estimated costs of the maintenance of those improvements to be maintained during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received; and WHEREAS, upon the conclusion of the public hearing related to the proposed levy of the maximum annual assessments referred to in the preceding recital, the assessment ballots submitted in favor of the maximum annual assessments and the assessment ballots received in opposition to the levy of the maximum annual assessments were tabulated with assessment ballots weighted according to the proportional financial obligation of the affected properties; and
WHEREAS, as a result of tabulation of the assessments ballots submitted, it was determined that the assessment ballots submitted, and not withdrawn, in favor of the proposed maximum annual assessment exceeded the assessment ballots submitted, and not withdrawn, in opposition to the levy of maximum annual assessment, and 107
WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for the referenced Fiscal Year, to finance the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, at this time, there has been presented and approved by this City Council, the Assessment Engineer’s Report as required by the Assessment Law, and this City Council desires to conduct the proceedings to authorize said annual levy; and WHEREAS, the proposed annual assessments for the referenced Fiscal Year as set forth in the Assessment Engineer’s Report do not exceed the maximum annual assessments as previously authorized to be levied and, therefore, the proposed levy of assessments for the referenced Fiscal Year are not deemed to be “increased” over the maximum annual assessments.

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

RECITALS
SECTION 1. That the above recitals are all true and correct.

IMPROVEMENTS AND MAINTENANCE
SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of the improvements described below, all to service and specially benefit the properties within said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Records Management Department, open to public inspection, and herein so referenced and made a part hereof:

The improvements to be maintained include street lighting facilities specially benefiting the properties within the District. Such street lighting facilities include all works or improvements used or useful for street lighting, including luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communications circuits, appliances, attachments and appurtenances.

The maintenance of such street lighting facilities shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the street lighting facilities, including:
(a) Repair, removal, or replacement of all or any part of any street lighting facility; and
(b) The provision of electric current for the operation of such street lighting facilities.

Reference is made to the Assessment Engineer’s Report for further information regarding the improvements to be maintained and the scope of such maintenance. 108
The annual assessment for the referenced Fiscal Year shall be levied only for those improvements completed or projected to be completed and accepted by this City Council for maintenance prior to or during said Fiscal Year.

ASSESSMENT ENGINEER’S REPORT
SECTION 3. That the Assessment Engineer’s Report regarding the annual levy for said District, which Report is for maintenance for the said Fiscal Year, is hereby approved and is directed to be filed in the Records Management Department. Reference is made to such Report for a full and detailed description of the improvements to be maintained, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District.

ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Assessment Engineer’s Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in the Assessment Engineer’s Report.

BOUNDARIES OF DISTRICT
SECTION 5. Said contemplated maintenance work is in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a District, which District said City Council hereby declares to be the District benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Records Management Department, and so designated by the name of the District.

PUBLIC HEARING
SECTION 6. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD THE 18th DAY OF JULY, 2023, AT THE HOUR OF 6:30 O'CLOCK P.M., IN

THE REGULAR MEETING OF THE CITY COUNCIL, BEING IN THE COUNCIL

CHAMBERS, WHICH IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR

THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL

LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, BY ANY

INTERESTED PERSON AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION; PROVIDED, THAT, IN THE EVENT THE JULY 18, 2023 CITY COUNCIL

MEETING IS HELD VIA TELECONFERENCE AND/OR VIDEO CONFERENCE ONLY,

THE MEANS BY WHICH THE PUBLIC MAY OBSERVE SUCH PUBLIC HEARING AND

OFFER PUBLIC COMMENT SHALL BE PRESCRIBED IN THE NOTICE AND AGENDA FOR SUCH CITY COUNCIL MEETING. ANY PERSONS WHO WISH TO OBJECT TO 109

THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST

WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE
SECTION 7. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing.

EFFECTIVE DATE OF RESOLUTION
SECTION 8. That this Resolution shall take effect immediately upon its adoption.

PROCEEDING INQUIRIES
SECTION 9. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

Cecilia House
City of Ontario
303 East “B” Street
Ontario, California 91764
(909) 395-2088
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
110
APPROVED AS TO LEGAL FORM:
_______________________________

BEST BEST & KREIGER LLP

CITY ATTORNEY
111

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
112
Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT: DECLARATION AND DISPOSITION OF SURPLUS REDEMPTION FUNDS IN ASSESSMENT DISTRICTS 106 AND 108

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council consider and adopt the attached resolutions declaring surplus amounts remaining in the redemption funds of Assessment Districts 106 and 108, and further resolve that the surplus funds for these districts be used for maintenance (capital replacement) of the public improvements funded by the districts.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: As proposed, the total amount of surplus in the redemption funds for Assessment Districts 106 and 108 are $165,195 and $140,666, respectively. Designating the use of surplus funds for maintenance of the improvements funded by such districts will provide the City with additional funds to perform needed maintenance and will directly benefit the property within such districts. The City, including the agencies of Ontario Municipal Utilities Company, Public Works, and Community Development, will be able to use the surplus to fund capital replacement projects in these districts. After City Council approval, one of the aforementioned departments will be able to include the surplus amounts in their budget update to City Council in the next quarterly budget update for Fiscal Year 2023-24.

BACKGROUND & ANALYSIS: The City formed Assessment District 106 and 108 to finance various improvements including streets, storm drain, and streetlight improvements within the district, and issued approximately $23.5 million Special Assessment Bonds to finance the improvements in the districts. Boundaries of the Assessment Districts are as follows: AD 106 is located south of Jurupa Street, north of both Philadelphia Street and Mission Boulevard, west of Wineville Avenue and east of Haven Avenue; and AD 108 is located south of Fourth Street, north of Interstate 10, west of Interstate 15, and east of Milliken Avenue. Maps for both districts are attached as Exhibit B. The districts have no outstanding bonds, and the last debt service payment was made in September of 113
2020. All of the public improvements that were planned for the districts have been completed, and the districts have surplus funds remaining in their respective redemption funds. The estimated balance remaining in Assessment Districts 106 and 108 are $165,195 and $140,666, respectively, and each district has their own fund. Eligible improvement uses are listed in the Summary of Closed Districts Table, attached as Exhibit A.
114
RESOLUTION NO. ________

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

CALIFORNIA, MAKING A DETERMINATION REGARDING SURPLUS

AMOUNTS REMAINING IN AND FROM AND REDEMPTION FUND OF
ASSESSMENT DISTRICT NO. 106, AND DIRECTING THE DISPOSITION OF SUCH SURPLUS AMOUNTS.

WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Municipal Improvement Act of 1913 (being Division 12 of the California Streets and Highways Code), conducted proceedings for the formation of a special assessment district designated as “Assessment District No. 106” (the “Assessment District”) to finance certain public improvements (the “Improvements”); and WHEREAS, the City issued bonds (the “Bonds”) to finance certain Improvements within the Assessment District pursuant to The Improvement Bond Act of 1915 (being division 10 of the California Streets and Highways Code) (the “Bond Act”); and WHEREAS, the Bonds have been fully paid and are no longer outstanding; and WHEREAS, the Improvements have been completed, all claims from the improvement fund for the Assessment District (the “Improvement Fund”) have been paid and there are no amounts remaining in the Improvement Fund; and WHEREAS, Section 8784 of the Bond Act provides that after payment of all bonds and the interest thereon, that surplus in the redemption fund shall (a) first be applied to repayment to a city of any special taxes levied by it for the purpose of advancing funds under Part 13 (commencing with Section 8800) of the Bond Act, less its recovery on the sale or redemption of the properties assessed, and also of any costs incurred by it under the Bond Act, (b) that the remainder shall be repaid in accordance with the provisions of Section 8783 of the Bond Act to persons paying supplemental assessments, if any, and (c) that the balance may be proportionately credited upon the final installments due upon the assessments securing the bonds and repaid to those persons whose assessments have been previously paid or may be transferred to the general fund of such city; and WHEREAS, all Bonds and the interest thereon have been fully paid, there are no amounts to be repaid to the City for any special taxes levied by it for the purpose of advancing funds under Part 13 (commencing with Section 8800) of the Bond Act, and there are no amounts to be repaid to persons paying or who paid supplemental assessments pursuant to Section 8783 of the Bond Act; and WHEREAS, as of the date hereof, there is an amount of not less than $165,194.93 in or from the redemption fund for the Assessment District (the “Redemption Fund”); and WHEREAS, the City Council desires to determine that all amounts remaining on deposit in or from the Redemption Fund are surplus amounts, and to direct such surplus amounts to be applied to pay the costs of maintenance of the Improvements within the 115
Assessment District, which includes the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any Improvement, including repair, removal or replacement of all or any part of any Improvement.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. All amounts on deposit in or from the Redemption Fund are hereby determined to be surplus for purposes of Section 8784 of the Bond Act. Such surplus amounts are hereby directed to be applied to the payment of costs of maintenance of the Improvements within the Assessment District, which includes the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any Improvement, including repair, removal or replacement of all or any part of any Improvement.

The City Council finds that such use of the surplus amounts would benefit the property within the Assessment District.

SECTION 3. All actions heretofore taken by the officers, employees and agents of the City with respect to surplus amounts remaining in the Redemption Fund, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 4. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 5. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED and ADOPTED this 20th day of June 2023. _______________________________
PAUL S. LEON, MAYOR
116
ATTEST:
_______________________________

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

BEST BEST & KRIEGER LLP

CITY ATTORNEY
117

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, California, DO HEREBY CERTIFY that the foregoing Resolution No. 2023- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held June 20, 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 City Council of the City of Ontario, California, at their regular meeting held on June 20, 2023.
_______________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
118
RESOLUTION NO. ________

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

CALIFORNIA, MAKING A DETERMINATION REGARDING SURPLUS

AMOUNTS REMAINING IN AND FROM AND REDEMPTION FUND OF
ASSESSMENT DISTRICT NO. 108, AND DIRECTING THE DISPOSITION OF SUCH SURPLUS AMOUNTS.

WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Municipal Improvement Act of 1913 (being Division 12 of the California Streets and Highways Code), conducted proceedings for the formation of a special assessment district designated as “Assessment District No. 108” (the “Assessment District”) to finance certain public improvements (the “Improvements”); and WHEREAS, the City issued bonds (the “Bonds”) to finance certain Improvements within the Assessment District pursuant to The Improvement Bond Act of 1915 (being division 10 of the California Streets and Highways Code) (the “Bond Act”); and WHEREAS, the Bonds have been fully paid and are no longer outstanding; and WHEREAS, the Improvements have been completed, all claims from the improvement fund for the Assessment District (the “Improvement Fund”) have been paid and there are no amounts remaining in the Improvement Fund; and WHEREAS, Section 8784 of the Bond Act provides that after payment of all bonds and the interest thereon, that surplus in the redemption fund shall (a) first be applied to repayment to a city of any special taxes levied by it for the purpose of advancing funds under Part 13 (commencing with Section 8800) of the Bond Act, less its recovery on the sale or redemption of the properties assessed, and also of any costs incurred by it under the Bond Act, (b) that the remainder shall be repaid in accordance with the provisions of Section 8783 of the Bond Act to persons paying supplemental assessments, if any, and (c) that the balance may be proportionately credited upon the final installments due upon the assessments securing the bonds and repaid to those persons whose assessments have been previously paid or may be transferred to the general fund of such city; and WHEREAS, all Bonds and the interest thereon have been fully paid, there are no amounts to be repaid to the City for any special taxes levied by it for the purpose of advancing funds under Part 13 (commencing with Section 8800) of the Bond Act, and there are no amounts to be repaid to persons paying or who paid supplemental assessments pursuant to Section 8783 of the Bond Act; and WHEREAS, as of the date hereof, there is an amount of not less than $140,666.10 in or from the redemption fund for the Assessment District (the “Redemption Fund”); and WHEREAS, the City Council desires to determine that all amounts remaining on deposit in or from the Redemption Fund are surplus amounts, and to direct such surplus amounts to be applied to pay the costs of maintenance of the Improvements within the Assessment District, which includes the furnishing of services and materials for the 119
ordinary and usual maintenance, operation and servicing of any Improvement, including repair, removal or replacement of all or any part of any Improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. All amounts on deposit in or from the Redemption Fund are hereby determined to be surplus for purposes of Section 8784 of the Bond Act. Such surplus amounts are hereby directed to be applied to the payment of costs of maintenance of the Improvements within the Assessment District, which includes the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any Improvement, including repair, removal or replacement of all or any part of any Improvement.

The City Council finds that such use of the surplus amounts would benefit the property within the Assessment District.

SECTION 3. All actions heretofore taken by the officers, employees and agents of the City with respect to surplus amounts remaining in the Redemption Fund, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 4. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 5. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
120
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
121

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
122
District Name Eligible Improvements Type of Fund Amount AD 106 Streets, Storm Drain, Street Light Redemption $ 165,194.93 AD 108 Streets, Sewer, Water, Traffic Signals, and
Storm Drain
Redemption $ 140,666.10
Total Surplus Monies $ 305,861.03
Summary of Closed Districts and Available Funds for Capital Replacement EXHIBIT "A"
123
124
125
Department: Engineering
Prepared By: Jay Bautista
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT: AN AGREEMENT FOR THE OPERATIONS AND MAINTENANCE OF THE WEST

VALLEY CONNECTOR BUS RAPID TRANSIT PROJECT

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve an Agreement (on file in the Records Management Department) with Omnitrans for the operations and maintenance of the West Valley Connector Bus Rapid Transit Project; and authorize the City Manager or designee to execute said Agreement, future amendments and related documents.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: There is not a direct fiscal impact associated with this action. This Agreement is a requirement of the previously approved agreement between the City and SBCTA for construction of the West Valley Connector project and simply establishes the operations and maintenance obligations of each party.

BACKGROUND & ANALYSIS: The San Bernardino County Transportation Authority (SBCTA), in cooperation with Omnitrans and the cities of Pomona, Montclair, Ontario, and Rancho Cucamonga, is constructing Phase 1 of the West Valley Connector Bus Rapid Transit (BRT) Project (Project). The Project is a 19-mile corridor from downtown Pomona to Victoria Gardens in Rancho Cucamonga located primarily along Holt Avenue/Boulevard and Foothill Boulevard in the counties of Los Angeles and San Bernardino, California. The Project proposes limited stops, providing speed and quality improvements to the public transit system within the corridor. The Project includes approximately 3.5 miles of dedicated BRT lanes with center-running stations on Holt Boulevard in Ontario. In addition, Transit Signal Priority (TSP) is included at the signalized intersections identified through a collaborative transportation operations analysis reviewed and approved by the City. The BRT system will be operated by Omnitrans and is scheduled to begin operation in late 2025. 126
SBCTA entered into separate Cooperative Agreements with Omnitrans and each participating city documenting their mutual roles and responsibilities to develop the Project. Those agreements anticipated that Omnitrans and each City making commitments to operate and maintain certain facilities and improvements installed as part of the Project. This Agreement is the culmination of that commitment between Omnitrans and the City and establishes the ongoing operations and maintenance of the improvements installed within Ontario as part of the Project. Obligations of the City include granting Omnitrans access to the stations, providing routine patrol and police services at the stations, and water usage at the stations. Project improvements within the public right of way, with the exception of the stations, will be maintained by the City. 127
Department: Municipal Services
Prepared By: Manuel Rebolledo
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: 7
SUBJECT: AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH CITRUS MOTORS ONTARIO, INC. FOR THE PROCUREMENT OF FORD OEM PARTS AND

SERVICES

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 4 to the Goods & Services Agreement (on file with the Records Management Department) with Citrus Motors Ontario, Inc., of Ontario, California, for the procurement of Ford original equipment manufacturer parts and repair services, exercising the final one-year extension of the Agreement, and extending the term of the Agreement to June 30, 2024, in an amount not-to-exceed $150,000.

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 Adopted Budget includes appropriations in the Equipment Services Fund for the procurement of Ford original equipment manufacturer (OEM) parts and repair services. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the agreement and shall not exceed $530,000 over the five-year term.

BACKGROUND & ANALYSIS: The City owns, operates, maintains, and repairs over 700 vehicles and pieces of equipment to keep them safe and operational. The Fleet Services Department relies on vendors to supply parts and perform certain repairs to our fleet.

On August 18, 2019, the City Council awarded Bid No. 1151 and entered into a one-year agreement for $95,000 with four one-year extensions with Citrus Motors Ontario, Inc. The contract was amended in 2020, 2021, and 2022, to exercise the first three option years and increase the contract amount by $95,000 each year. Due to supply chain shortages and price increases in raw materials, Staff now recommends increasing the total authorized contract amount to ensure the Fleet Services Department can continue to maintain and service vehicles quickly and keep them operational. 128
Department: Municipal Services
Prepared By: Manuel Rebolledo
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT: AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH SOUTHERN

COUNTIES LUBRICANTS LLC FOR THE PROCUREMENT OF FLEET OILS,

LUBRICANTS, AND COOLANTS

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 3 (on file with the Records Management Department) to the Goods and Services Agreement with Southern Counties Lubricants LLC, of Orange, California, in the amount of $200,000, increasing the total not-to-exceed contract amount to $460,000 for the procurement of fleet oils, lubricants, and coolants.

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 Adopted Budget includes appropriations of $200,000 in the Equipment Services Fund for the procurement of fleet oils, lubricants, and coolants. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the agreement and shall not exceed $460,000 over the five-year term.

BACKGROUND & ANALYSIS: The City owns, operates, and maintains over 700 vehicles and pieces of equipment that require scheduled replacement of oils, lubricants and coolants to maximize their useful life.

On September 3, 2019, the City Council approved Bid No. 1165 and entered into a one-year agreement with Southern Counties Lubricants, LLC. Amendment No. 1 entered on July 1, 2020 extended the term of the Agreement to June 30, 2021. Amendment No. 2 entered on June 1, 2021 extended the term of the Agreement to June 30, 2024. Staff recommends increasing the total authorized compensation of this contract to ensure the Fleet Services Department can continue to maintain and service vehicles quickly and keep them operational. 129
Department: Municipal Services
Prepared By: Manuel Rebolledo
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT: AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH FUEL SERV, INC. FOR ON-CALL GARAGE AND FUEL SITE MAINTENANCE AND REPAIR

SERVICES

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute Amendment No. 2 to the Maintenance Services Agreement (on File in the Records Management Department) with Fuel Serv, Inc. of Montclair, California, in the amount of $130,000, increasing the total not-to-exceed contract amount to $570,000 and extending the term of the Agreement to June 30, 2024, for garage and fuel site maintenance and repair services.

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 Adopted Budget includes appropriations in the Equipment Services Fund for garage and fuel site maintenance and repair services. The recommended Amendment increases the authorized contract amount by $130,000, for a new total not-to-exceed contract amount of $570,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the agreement and shall not exceed $570,000 over the five-year term.

BACKGROUND & ANALYSIS: On June 21, 2021, the City Council authorized the City Manager to execute Amendment No. 1 to the Maintenance Services Agreement with Fuel Serv, Inc. with the option to extend the Agreement for one additional year. The City’s fueling equipment provides fuel for fleet vehicles and data for regulatory agencies’ required reports. Services provided in the Agreement include installation of fuel tracking equipment on fleet vehicles, scheduled regulatory inspections, testing of the City’s fuel sites required by state and local governing agencies, and maintenance on garage equipment to ensure safe and efficient operation. 130
Department: Municipal Services
Prepared By: Manuel Rebolledo
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT: AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH DANIELS

TIRE SERVICE FOR TIRE REPAIR AND RETREADING

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 5 (on file with the Records Management Department) to the Goods and Services Agreement with Daniels Tire Service of Santa Fe Springs, California, in the amount of $200,000, increasing the total not-to-exceed contract amount to $800,000 and extending the term of the Agreement to June 30, 2024, for tire repair and retreading.

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 Adopted Budget includes appropriations in the Equipment Services Fund for tire repair and retreading. The recommended Amendment increases the authorized contract amount by $200,000, for a new total not-to-exceed contract amount of $800,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the Agreement and shall not exceed $800,000 over the five-year term.

BACKGROUND & ANALYSIS: The City owns, operates, and maintains over 700 vehicles and pieces of equipment that require tire repair and retreading to maximize the tire’s useful life and minimize replacement costs. During Fiscal Year 2022-23, the Fleet Services Department recapped over 900 tires on the City’s fleet of vehicles and equipment.

On July 16, 2019, the City Council approved the award of Bid No. 1135 to Daniels Tire Service, and entered into a one-year Goods & Services Agreement with four one-year options at the City’s sole discretion. Staff recommends increasing the total authorized compensation by $200,000 for Fiscal Year 2023-24 to ensure the Fleet Services Department can continue to maintain and repair vehicles quickly and keep them operational so they can provide services to the City of Ontario residents. 131
Department: Municipal Services
Prepared By: Manuel Rebolledo
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: 11
SUBJECT: AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH DANIELS

TIRE SERVICE FOR THE PROCUREMENT OF NEW TIRES AND TIRE CASINGS

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 4 (on file with the Records Management Department) to the Goods and Services Agreement with Daniels Tire Service of Santa Fe Springs, California, in the amount of $220,000, increasing the total not-to-exceed contract amount to $960,000 and extending the term of the Agreement to June 30, 2024, for the procurement of new tires and tire casings.

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 Adopted Budget includes appropriations in the Equipment Services Fund for the procurement of new tires and tire casings. The recommended Amendment increases the authorized contract amount by $220,000 for a new total not-to-exceed contract amount of $960,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the Agreement and shall not exceed $960,000 over the five-year term.

BACKGROUND & ANALYSIS: The City owns, operates, and maintains over 700 vehicles and pieces of equipment that require the replacement of tires when they have maximized their useful life due to normal wear and tear or become flat from road debris and no longer safe to use. During Fiscal Year 2022-23, the Fleet Services Department replaced 3,745 tires on the City’s fleet of vehicles and equipment.

On February 5, 2019, the City Council awarded Bid No. 1062 and entered into a two-year agreement for $160,000 with two one-year extensions with Daniels Tire Service. Staff is recommending extending the contract one additional year for a full five-year contract term. Due to supply chain shortages and price increases in raw materials, Staff recommends increasing the total authorized amount by $220,000 for Fiscal Year 2023-24 to ensure the Fleet Services Department can continue to maintain and repair vehicles quickly and keep them operational. 132
Department: Municipal Services
Prepared By: Manuel Rebolledo
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: 12
SUBJECT: AMENDMENTS TO THE GOODS AND SERVICES AGREEMENTS WITH FIX AUTO

SOUTH ONTARIO, LOS ANGELES TRUCK CENTERS AND INLAND BODY AND PAINT

CENTER FOR VEHICLE COLLISION REPAIR SERVICES

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement (on file with the Records Management Department) with Fix Auto of South Ontario (formerly California Collision Center), of Ontario, California, in the amount of $200,000, increasing the total not-to-exceed contract amount to $470,000, and extending the Agreement for up to two (2) one-year options for vehicle collision repair services;
B. Approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement (on file with the Records Management Department) with Los Angeles Truck Centers, of Whittier, California, in the amount of $250,000, increasing the total not-to-exceed contract amount to $475,000, and extending the Agreement for up to two (2) one-year options for vehicle collision repair services; and C. Approve and authorize the City Manager or his designee to execute Amendment No. 2 (on file with the Records Management Department) to the Goods and Services Agreement with Inland Body and Paint Center, of Fontana, California, in the amount of $290,000, increasing the total not-to-exceed contract amount to $500,000, and extending the Agreement for up to two (2) one-year options for vehicle collision repair services.

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 Adopted Budget includes appropriations from the Equipment Services Fund for the procurement of vehicle collision repair services. 133
Fix Auto South Ontario
The recommended Amendment increases the authorized contract amount for option year one by $100,000 for Fiscal Year 2023-24, for a new total not-to-exceed contract amount of $370,000. The contract amount of option year two is $100,000, for a new total not-to-exceed contract amount of $470,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the Agreement and shall not exceed $470,000 over the five-year term.

Los Angeles Truck Centers
The recommended Amendment increases the authorized contract amount for option year one by $125,000 for Fiscal Year 2023-24, for a new total not-to-exceed contract amount of $350,000. The contract amount of option year two is $125,000, for a new total not-to-exceed contract amount of $475,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the Agreement and shall not exceed $475,000 over the five-year term.

Inland Body and Paint Center
The recommended Amendment increases the authorized contract amount for option year one by $145,000 for Fiscal Year 2023-24, for a new total not-to-exceed contract amount of $355,000. The contract amount of option year two is $145,000, for a new total not-to-exceed contract amount of $500,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the Agreement and shall not exceed $500,000 over the five-year term.

BACKGROUND & ANALYSIS: The City owns, operates, maintains, and repairs over 700 vehicles and pieces of equipment to keep them safe and operational. The Fleet Services Department relies on vendors to supply parts and perform certain repairs to our fleet.

On September 15, 2020, the City Council awarded Bid No. 1338 and entered into three-year Agreements with Fix Auto of South Ontario (formerly California Collision Center), Los Angeles Truck Centers, and Inland Body and Paint. Due to supply chain shortages and price increases in raw materials, Staff recommends increasing the total authorized compensation of these contracts to ensure the Fleet Services Department can continue to maintain and service vehicles quickly and keep them operational.
134
Department: Municipal Services
Prepared By: Manuel Rebolledo
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: 13
SUBJECT: AMENDMENTS TO THE GOODS AND SERVICES AGREEMENTS WITH LOS ANGELES

TRUCK CENTERS AND SOUTHERN CALIFORNIA FLEET SERVICES FOR THE

PROCUREMENT OF MEDIUM AND HEAVY-DUTY VEHICLE PARTS AND REPAIRS

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement (on file with the Records Management Department) with Los Angeles Truck Centers, of Whittier, California, for the procurement of medium and heavy-duty vehicle parts, and repairs, in the amount of $400,000, increasing the total not-to-exceed contract amount to $700,000 and extend the term of the Agreement for up to two (2) oneyear options; and B. Approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement (on file with the Records Management Department) with Southern California Fleet Services, of Corona, California, for the procurement of medium and heavy-duty vehicle parts and repairs, in the amount of $80,000, increasing the total not-toexceed contract amount to $200,000 and extend the term of the Agreement for up to two (2) one-year options.

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 Adopted Budget includes appropriations from the Equipment Services Fund for the procurement of medium and heavy-duty vehicle parts and repairs.

The recommended Amendment for Los Angeles Truck Centers increases the authorized contract amount for option year one by $200,000, for Fiscal Year 2023-24 and option year two by $200,000 for a new total not-to-exceed contract amount of $700,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the Agreement and shall not exceed $700,000 over the five-year term.
135
The recommended Amendment for Southern California Fleet Services increases the authorized contract amount for option year one by $40,000 for Fiscal Year 2023-24 and option year two by $40,000, for a new total not-to-exceed contract amount of $200,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the Agreement and shall not exceed $200,000 over the five-year term.

BACKGROUND & ANALYSIS: The City owns, operates, maintains, and repairs over 700 vehicles and pieces of equipment to keep them safe and operational. The Fleet Services Department relies on vendors to supply parts and perform certain repairs to our fleet.

On August 18, 2020, the City Council awarded Bid No. 1337 and entered into three-year Agreements with Los Angeles Truck Centers and Southern California Fleet Services. Staff recommends increasing the total authorized compensation of these Agreements to ensure the Fleet Services Department can continue to maintain and service vehicles quickly and keep them operational.
136
Department: Municipal Services
Prepared By: Manuel Rebolledo
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT: PRE-AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH NATIONAL AUTO

FLEET GROUP

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council pre-authorize the cooperative purchase and delivery of thirty-three (33) Ford Police Utility Vehicles for the Police Department from National Auto Fleet Group of Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract #091521-NAF in the amount of $1,512,500 plus a 20% contingency of $302,500 for a total not-to-exceed amount of $1,815,000.

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 Adopted Budget includes appropriations from the Equipment Services Fund for the purchase of Police vehicles. The total cost of the vehicles recommended for purchase is $1,512,500 plus a 20% contingency of $302,500 to mitigate any unforeseen issues with supply chain surcharges and manufacturer price increases, for a total notto-exceed amount of $1,815,000.

BACKGROUND & ANALYSIS: The fifteen (15) vehicles recommended for replacement in this action have outlived their useful life and is no longer cost effective to maintain them. They are scheduled for replacement pursuant to ongoing efforts to reduce expenses and maximize useful life expectancy while ensuring safe and reliable operations. This procurement action will result in the replaced vehicles being available to surplus, with any auction sale proceeds returning to the Equipment Service Fund. The eighteen (18) vehicle additions requested by the Police Department are a result of growth throughout the City leading to increased operations.

In general conformation with the provisions of Government Code Section 54201 through 54204, Ontario Municipal Code Section 2-6.29 allows for the purchase of supplies and equipment through cooperative purchasing programs, pursuant to California Government Code Section 6502 and City of Ontario Resolution No. 91-141. Cooperative purchasing allows the City to pool its procurement 137
power with other public agencies to obtain lower pricing than otherwise might be possible.

QUANTITY TYPE AGENCY PRICE
33 Ford Police Utility
Vehicles
Police Department $1,815,000
138
Department: Public Works
Prepared By: Adrian Escamilla
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: 15
SUBJECT: AMENDMENTS TO THE ON-CALL ARCHITECTURAL SERVICES AGREEMENT WITH

ROBERT BORDERS AND ASSOCIATES FOR VARIOUS CITYWIDE PROJECTS

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Authorize the City Manager or his designee to execute Amendment No. 14 to the Design Services Agreement with Robert Borders and Associates of Costa Mesa, California, for the Sam Alba Park Restroom Renovation Project in the amount of $7,550 for a total not-to-exceed contract amount of $467,018;
B. Authorize the City Manager or his designee to complete and execute Amendment No. 15 to the Design Services Agreement with Robert Borders and Associates of Costa Mesa, California, for the Community Development Block Wall on Mountain Avenue Project in the amount of $6,380 for a total not-to-exceed contract amount of $473,398; 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.

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 Fiscal Year 2023-24 Adopted Budget includes appropriations in the Community Development Block Grant (CDBG) Fund for the Sam Alba Park Restroom Renovation and Community Development Block Wall on Mountain Avenue Projects. The recommended Amendment No. 14 will increase the contract amount by $7,550 for a total contract amount not-toexceed $467,018. The recommended Amendment No. 15 will increase the total contract amount by $6,380, for a total contract amount not-to-exceed $473,398. The total contract amount of $473,398 for the On-Call Agreement with Robert Borders and Associates includes On-Call work performed for various citywide projects.
139
BACKGROUND & ANALYSIS:

Sam Alba Park Restroom Renovation Project
The City receives an annual allocation from the CDBG program. The CDBG program is federal funding that is administered by the U.S. Department of Housing and Urban Development. CDBG funds can be used by local jurisdictions to support programs that benefit low and moderate-income areas and people, including infrastructure, community facilities and parks, and public services.

Approximately 500 square feet of the existing Sam Alba Park Restroom will be demolished and a new pre-fabricated restroom with one male and one female stall will be installed to meet the Americans with Disabilities Act (ADA) access requirements, improve infrastructure, and provide improved security monitoring for the Ontario Police Department. A total of $709,524 has been budgeted for the Sam Alba Restroom Renovation Project in the FY 2023-24 Capital Improvement Program Budget. Previously, design services were performed for the project totaling $52,675. Staff recommends performing additional design services for construction drawing revisions for a total amount of $7,550.

Community Block Wall on Mountain Avenue Project
On February 7, 2023, the City Council approved Amendment No. 13 for Robert Borders and Associates to design a community block wall and install landscaping on a public easement along Mountain Avenue between D Street and G Street. Due to project scope changes, additional funding is required for the Design Services to complete the project. 140
Department: Engineering
Prepared By: Francisco Herrera
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT: A MAINTENANCE SERVICES AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS, INC. FOR TRAFFIC SIGNAL MAINTENANCE SERVICES

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager or designee to execute a three-year Maintenance Services Agreement (on file in the Records Management Department) with Bear Electrical Solutions, Inc., of Alviso, California, to provide traffic signal maintenance and repair services for a not-to-exceed amount of $775,500 per year and $2,326,500 for the term of the contract.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The Agreement is for a three-year term with an optional two-year extension. The contract amount is for $705,000 plus a 10% contingency of $70,500 for a total authorized expenditure of $775,500 per year with an overall three year not-to exceed amount of $2,326,500.

The Fiscal Year 2023-24 Adopted Budget includes the annual appropriations for services. If approved, appropriations will be added to the future years' budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS: Traffic signals contribute to the safety and security of pedestrians, bicycles, vehicles, homeowners, and businesses. Currently, there are approximately 230 traffic signals in the City that will be maintained through this proposed contract. The services to be performed, in general, consist of routine preventative maintenance, extraordinary maintenance, and additional maintenance of traffic signal systems for locations that are the responsibility of the City of Ontario.

In May 2023, the City solicited proposals for the traffic signal maintenance services. The City received 2 proposals from the following companies:
141

COMPANY LOCATION
Bear Electrical Solutions, Inc, Alviso, CA
Yunex LLC Riverside, CA
After a thorough review of the proposals submitted, consideration was given to the overall proposal, experience of each company and team members, pricing, and references. Bear Electrical Solutions, Inc., has a large workforce of International Municipal Signal Association (ISMA) certified technicians and a large fleet of vehicles and equipment which ensures they have the resources to provide service to the City of Ontario without disruption, 24 hours per day, 365 days a year, including all holidays. Based on their combined qualifications and pricing, Staff recommends that the City enter into a Maintenance Services Agreement with Bear Electrical Solutions, Inc. 142
Department: Records Management
Prepared By: Claudia Y Isbell
Department: Management Services
Prepared By: Jordan T Villwock
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT: A RESOLUTION TO STAND AGAINST ANTISEMITISM AND HATRED

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution denouncing and condemning antisemitism and all forms of hatred.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

BACKGROUND & ANALYSIS:

Antisemitism is a persistent issue that continues to affect communities around the world. It is characterized by acts of hatred, discrimination, and prejudice against Jewish individuals and the Jewish community. Anti-Semitic incidents can range from hate speech and vandalism to physical violence, posing a serious threat to the safety, well-being, and sense of belonging of Jewish residents. The City of Ontario takes great pride in diversity and respect for all people, and the Jewish Community is an important part of the City's fabric, recognizing our diversity as a key strength for the City and our character.
143
RESOLUTION NO. ________

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

CALIFORNIA, CONDEMNING AND REJECTING ANTISEMITISM AND

SUPPORTING THE INTERNATIONAL HOLOCAUST REMEMBRANCE
ALLIANCE BY AFFIRMING ONTARIO’S COMMITMENT TO ENSURING
OUR COMMUNITY IS A SAFE AND WELCOMING PLACE.

WHEREAS, the City of Ontario is committed to inclusion and advancement of diversity and equity for people of all races, ethnicities, national origins, religions, ages, genders, and backgrounds; and
WHEREAS, the City of Ontario takes great pride in diversity and respect for all people, and the Jewish community is an important part of the City’s fabric, recognizing our diversity as a key strength for the City and our character; and WHEREAS, the City of Ontario supports national, state, and local government efforts directed at eradicating antisemitism and all forms of hatred, and supports expanded education programs, including Holocaust programs, to counter intolerance and discrimination; and
WHEREAS, the City of Ontario condemns antisemitism in all its forms, including:
hatred and prejudice directed towards Jewish community members; stereotypes or conspiracy theories about Jews; Holocaust denial or distortion, and; extremist indoctrination or recruitment related to any form of antisemitism; and WHEREAS, the City of Ontario affirms that hatred and bias in any form are not acceptable in our community; and
WHEREAS, any victims of antisemitism in the City of Ontario are urged to report any incidents — as hate crimes or bias-related events — so that local law enforcement can respond, track such incidents, and bring perpetrators to justice.

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

SECTION 1. That the City of Ontario condemns all forms of hate, racism, and violence perpetrated, tolerated, or encouraged by any group or individual.

SECTION 2. That the City of Ontario supports our Jewish community members and condemns racism, intolerance, hate, and violent attacks against them.

SECTION 3. That the City of Ontario recognizes the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism as “a certain perception of Jews, which may be expressed as hatred towards Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
144
SECTION 4. That the City of Ontario will continue to work alongside the American Jewish Committee, the Anti-Defamation League, the United States Conference of Mayors, and Jewish Federation of the Greater San Gabriel and Pomona Valleys to combat and denounce antisemitism.

SECTION 5. The City Clerk shall certify the adoption of this Resolution.

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

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
145

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
146
Department: Utilities
Prepared By: Omar Gonzalez
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT: AN AMENDMENT WITH STANTEC CONSULTING SERVICES INC. FOR THE ON-CALL

DESIGN SERVICES AGREEMENT FOR THE VINEYARD AVENUE SEWER DIVERSION

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager, or designee to execute Amendment No. 10 to the On-Call Design Services Agreement (on file in the Records Management Department) with Stantec Consulting Services, Inc., of Irvine, California, for a total-notto-exceed amount of $256,295, and a term through May 6, 2024.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: Proposed Amendment No. 10 to Stantec Consulting Services, Inc. (Stantec) will increase the existing agreement by $256,295 for a total revised Agreement not-to-exceed amount of $1,446,418. Fiscal Year 2022-23 Adopted Capital Improvement Program includes appropriations from the Sewer Capital Fund for these services. The City and Stantec have agreed to the fixed billing rates and Stantec will be compensated for the scope of work at the approved billing rates. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City’s sewer system is divided into separate sewersheds, each conveying wastewater towards regional Inland Empire Utilities Agency (IEUA) treatment facilities. Sewershed No. 3 is identified by the City’s Sewer Master Plan (SMP) as a 3,070-acre region, generally located near the center of the Old Model Colony west of Vineyard Avenue and Cucamonga Creek. Future capacity deficiencies in Sewershed No. 3 (SS3) were identified in the SMP, in Vineyard Avenue south of Holt Boulevard to Airport Drive, and in an easement within the Ontario Airport west of Vineyard Avenue south of Airport Drive based on new development and the City’s latest land use plan. To mitigate the future capacity deficiencies, the SMP identified the need for future sewer capital projects. 147
In October of 2018, the City awarded Stantec a Professional Design Services Agreement to perform a feasibility study to evaluate different solutions to mitigate the future deficiencies in SS3. This study, which was completed in July of 2020, made two separate recommendations to alleviate these deficiencies. The first is the construction of approximately 7,500 linear feet of 21-inch sewer in Holt Boulevard, between Vineyard Avenue and Grove Avenue, and in Grove Avenue, between Holt Boulevard and Airport Drive, that will redirect flows from Vineyard Ave to an existing 21-inch City sewer in Grove Avenue. The second recommendation is the construction of approximately 48 linear feet of 15-inch sewer in the intersection of Grove Avenue and Holt Boulevard to redirect flows from the City’s existing 12-inch Holt Boulevard sewer into IEUA’s 36-inch sewer in Holt Boulevard.

In May of 2019, City Council awarded On-Call Design Services Agreements with Stantec and two other consultants. Stantec and the other consultants were selected using a qualifications-based selection process. The agreements were awarded as three-year agreements with two (2) additional one (1) year periods consistent with City Council approved budgets. As projects arise, Staff will request proposals from the consultants and amend the original agreement with revised scope of works and costs.

In November of 2020, Stantec was tasked to prepare construction documents for the Vineyard Avenue Sewer Diversion Project under their On-Call Design Service Agreement. The project design is currently at 90% completion. Concurrently, there are two other on-going projects that will also impact the entire Holt Boulevard sewer alignment, including the intersection at Grove Avenue, namely the San Bernardino County Transportation Authority’s (SBCTA) West Valley Bus Rapid Transit (BRT) project and the City’s Grove Avenue and Holt Boulevard Intersection Widening project.

In order to mitigate scheduling conflicts with all three projects, Staff solicited a proposal from Stantec in May of 2023 to prepare two individual phased construction packages for the Vineyard Avenue Sewer Diversion Project (Exhibit A). The phasing scope also includes continued coordination with SBCTA, San Bernardino County Flood Control District and Union Pacific Rail Road (UPRR), additional geotechnical investigation for the design of trenchless construction through the intersection of Holt Boulevard and Grove Avenue, traffic impact analysis and traffic control plans, an alignment revision along Holt Boulevard to accommodate median improvements that will be constructed as part of SBCTA’s BRT project, and bid support services for both phases.

The first phase, Grove Avenue, which includes the UPRR Crossing and Intersection of Grove Avenue and Holt Boulevard, will be prioritized to allow for the construction of the sewer improvements as quickly as possible. The other two on-going projects will be coordinated such that they may be constructed after the first phase of sewer improvements are completed. The second phase of sewer improvements, Holt Boulevard, from easterly of the Grove Avenue and Holt Boulevard intersection to Vineyard Avenue, will be constructed as soon as practicable following completion of the BRT project.

Staff is recommending approval of Amendment No. 10 with Stantec for the On-Call Design Services Agreement based upon Stantec’s qualifications, familiarity with the Project and performance in preparing the contract documents.
148
®
OMUC CONTRACT NO. UT 1018

CITY OF ONTARIO

VINEYARD AVENUE

SEWER DIVERSION
Document Path: C:\Users\20886\Desktop\Exhibits\Vineyard AR Exhibit.mxd Holt Blvd.Airport Dr. D St. Nocta St.

Mission Blvd.

Ontario Blvd.

Belmont St. State St. Flora St. Grove Ave. Imperial Ave. Corona Ave. Vineyard Ave.

Moore Wy. Mildred Ave. Baker Ave.

Main St. Walker St.

I-10 Fwy.

Avion St.

Ontario
International Airport
Legend
Phase 1
Phase 2
Exhibit "A"
149
Department: Utilities
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: 19
SUBJECT: ADOPTION OF AN ORDINANCE AMENDMENT 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 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt 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 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: On June 6, 2023, the City Council introduced and waived further reading of an ordinance approving Municipal Code amendments to Section 6-8.49, Collection and Payment, and Section 6-8.50, Chapter 8B, Disabled Person’s and Senior Citizen’s Discount.

The changes to Section 6-8.49 of the Municipal Code, Collection and Payment, include updating bill due dates, 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 to comply with the California Water Shutoff Protection Act (SB 998). The administrative policies and procedures for the City’s utility bills will be updated to reflect the changes in the Municipal Code.
150
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 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 and resuming 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.

Changes to Section 6-8.50, Chapter 8B, Disabled Person’s and Senior Citizen’s Discount, include updating the income qualifications to match those included in SB 998, at or below 200% of federal poverty level, and changing the discount from a percentage, currently 10%, to a flat $15 per month, to be periodically updated and approved by the City Council. The administrative policies and procedures regarding the funding, income qualifications, and other qualifying requirements and operational guidelines to provide and administer these discounts will be updated as well.

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. The change to the discount from a percentage to a flat $15 per month, like the current average monthly discount for these customers, will streamline program administration and help promote water conservation goals. 151
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 nonresidential 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, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario 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:
152
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. 153
(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 154
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. 155
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 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KRIEGER LLP

CITY ATTORNEY
156

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. 3251 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 June 20, 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. 3251 duly passed and adopted by the Ontario City Council at their regular meeting held June 20, 2023 and that Summaries of the Ordinance were published on June 13, 2023 and June 27, 2023 in the Inland Valley Daily Bulletin newspaper.
_____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
157
Department: Utilities
Prepared By: Joline Neal
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: 20
SUBJECT: A PROFESSIONAL SERVICES AGREEMENT WITH BABCOCK LABORATORIES, INC.

FOR ANALYTICAL LABORATORY SERVICES

CITY OF ONTARIO
Agenda Report
June 20, 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 Babcock Laboratories, Inc., of Riverside, California, for Analytical Laboratory Services in the amount of $200,000 for Fiscal Year 2023-2024, with the option to extend the Agreement for up to three successive one-year periods; and authorize the annual cost of $200,000 per year consistent with City Council approved budgets, for a total not-to-exceed contract amount of $800,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2023-24 Adopted Budget includes appropriations from the Water Operating Fund for Analytical Laboratory Services.

The recommended Agreement amount is for a total-not-to-exceed amount of $200,000. The initial term of the Agreement will be from July 1, 2023, to June 30, 2024. At the City’s discretion, up to three additional one-year extensions may be executed. Prices for the first year are fixed, after the first year, any proposed increase in fees will be negotiable annually but will not exceed 5% per year.

Should the City exercise all three successive one-year extensions, the projected total amount to be expensed for the four years would amount to a not-to-exceed of $800,000. Actual expenditures will be based on listed prices and actual need for services, consistent with the City Council approved budgets for the Water Operating Fund. There is no impact to the General Fund. 158
BACKGROUND & ANALYSIS: The City must ensure that all regulatory monitoring and reporting is performed correctly, timely, and in a manner that meets all Federal and State requirements. The U.S. Environmental Protection Agency and the State Water Resources Control Board (Division of Drinking Water) require the City to monitor the quality of water at each source and at selected locations throughout the potable drinking water system in accordance with the Federal Safe Drinking Water Act and California Code of Regulations, Title 22, Division 4, Chapter 15.

On April 3, 2023, three proposals were received for Bid No. 1617 for Analytical Laboratory Services for the City’s Drinking Water and Wastewater Monitoring.

Company Location
Babcock Laboratories, Inc. Riverside, CA
Enthalpy Analytical, LLC Orange, CA
Eurofins Eaton Analytical, LLC Pomona, CA
All proposals received were reviewed and evaluated for factors advantageous to the City, including fee proposal, environmental laboratory accreditation program, proficiency testing, qualifications and experience, availability and location, ability to perform required analyses, and quality/responsiveness of proposal. Of the three proposals, Babcock Laboratories, Inc. demonstrated the best qualifications, experience, and cost analysis for analytical services needed by the City.
159
Department: Economic Development
Prepared By: Peter Pallesen
Staff Member Presenting:

Jennifer McLain Hiramoto, Economic
Development Director
Reviewed By: Charity Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 21
SUBJECT: AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH RDC-S111, INC. FOR LANDSCAPE, ARCHITECTURE, AND URBAN DESIGN CONSULTING

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement (on file in the Records Management Department) with RDC-S111, Inc. of Long Beach, California, to provide additional services for the City's Regional Sports Complex located at Vineyard and Riverside Drive in the amount of $49,150 for a new not-to-exceed total of $290,912.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The recommended Amendment No. 1 increases the authorized contract amount by $49,150 for a total contract amount not-to-exceed $290,912. Appropriations are included in the Capital Projects Fund in the FY 2023-24 Adopted Budget.

BACKGROUND & ANALYSIS: On October 18, 2022, City Council approved the Professional Services Agreement for Landscape, Architecture, and Urban Design services between the City and RDC-S111, Inc. The original agreement expires on July 30, 2023. This Amendment No. 1 to the agreement will extend the term of the agreement to December 31, 2023 and expand the scope of of services that are to be rendered by RDC-S111, Inc. to begin the design stage for the City's Regional Sports Complex, a public facility on approximately 180 acres of agricultural land located east of Vineyard Avenue between East Riverside Drive and Chino Avenue, the City is engaging RDC-S111, dba Studio One Eleven, to prepare conceptual planning and visioning studies that can be used to set the direction for a portion of the sports park. The scope of work includes high-level design services which will deliver base drawings and preliminary sketch concepts, an illustrative site plan, a conceptual aerial view, and three rendered perspective views of the design intent. 160
Department: Economic Development
Prepared By: Karla Tavera
Staff Member Presenting:

Jennifer McLain Hiramoto, Economic
Development Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 22
SUBJECT: A RESOLUTION APPROVING THE LEVY OF THE ASSESSMENTS FOR FISCAL YEAR 2023-24 FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution for the Downtown Ontario Improvement Association (DOIA) authorizing the levying of the special assessments for Fiscal Year 2023-24.

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: The Fiscal Year 2023-24 Adopted Budget includes appropriations of $145,000 from the General Fund for the parcels owned by the City and approximately $30,000 from the Ontario Housing Authority (OHA) Fund for the parcels owned by the OHA. Should there be any adjustments and/or corrections to the assessment amounts, the appropriations will be included in the next quarterly budget update to the City Council.

BACKGROUND & ANALYSIS: On August 20, 2019, the City Council approved the formation of the Downtown Ontario Community Benefit District (CBD) for an initial five-year term. The objective of the CBD is to provide enhanced services and improvements benefiting downtown businesses and property owners by increasing economic activity and enhancing the value of commercial, retail, and residential property.

As a key component of the overall downtown revitalization strategy, the implementation of the CBD has resulted in a cleaner downtown, new businesses, and is supporting the transformation of the downtown into an 18-hour vibrant hub of retail and residential activity.

California Streets and Highway Code, Section 36650, the law governing CBD requirements and processes, requires that the City Council authorize the levying of the assessments and approve an Annual Report. On February 21, 2023, the City Council approved the Fiscal Year 2022-23 Annual Report submitted by the Downtown Ontario Improvement Association (DOIA). This report is 161
consistent with the components outlined in the District Management Plan.

The following items are highlights of the Annual Report: Civil Sidewalk Improvements; Marketing/District Identity/Placemaking; and Administration. To continue levying the special assessment with the CBD program for the next fiscal year, the City Council must adopt a Resolution to approve this levying of assessments for Fiscal Year 2023-24. The CBD Board of Directors voted on May 25, 2023, in favor of a 2% increase on the property assessments. The details of this increase can be found in Exhibit A, which provides a breakdown of the assessment roll based on Assessment Parcel Numbers. The total assessments for all 204 parcels within the CBD for Fiscal Year 2023-24 equal $480,747. The City owns 70 parcels, representing approximately $155,000 in property assessments.
162
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING THE LEVY OF THE ASSESSMENTS FOR
FISCAL YEAR 2023-24 FOR THE DOWNTOWN ONTARIO
COMMUNITY BENEFIT DISTRICT.

WHEREAS, on August 20, 2019, the City Council approved a Management District Plan entitled the “Downtown Ontario CBD Management District Plan” (the “Management District Plan”).

WHEREAS, the City Council conducted the public hearing on August 20, 2019, at which ballots cast in favor of and in opposition to proposed assessment and formation of the Downtown Ontario Community Benefit ("District" or “CBD”) for a five-year term were tabulated; and
WHEREAS, of the ballots cast, property owners representing a majority of the total assessments voted in favor of the proposed assessment and formation of the CBD; and
WHEREAS, on August 20, 2019, the City Council adopted Resolution No. 2019-108 to establish the District and approve the levy of assessments commencing with FY 2019-2020, and ending with FY 2023-2024 with the provision for maximum five percent (5%) annual increases for the term of the CBD; and WHEREAS, Streets and Highways Code Section 36650 requires the improvement association of a property-based community benefit district submit an Annual Report to the legislative body for approval beginning its second year of operation and each year thereafter; and
WHEREAS, on February 21, 2023 the City Council approved the FY 2022-23 Annual Report submitted by the Downtown Ontario Improvement Association (“DOIA).

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

SECTION 1. That the CBD assessments to be levied for FY 2023-24, attached hereto as Exhibit 1, are hereby approved for submittal to the San Bernardino County Assessor for the period beginning July 1, 2023 and ending June 30, 2024.

SECTION 2. That Willdan Financial Services is hereby authorized to file all required documents and notice of assessments, in accordance with Section 3114 of the Streets and Highways Code, with the San Bernardino County Recorder.

SECTION 3. That the City Treasurer shall deposit all CBD assessments remitted into the fund established for the District for distribution to the District by the Director of Finance in accordance with the approved Management District plan. 163
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
164

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
165
Assessor's Parcel
Number
Assessor's Parcel Number
Formatted Linear Frontage Lot Size Building Area
Linear
Frontage
Assess Rate
Lot Size
Assess Rate
Building
Assess Rate
FY 2023/24
Assessment
(APN) (APN) (Ft) (Sq Ft) (Sq Ft) ($/Ft) ($/Sq Ft) ($/Sq Ft) ($) 1048354010000 1048-354-01-0000 123 W E STREET LLC MISCELLANEOUS 201 10,058 - 6.42 0.06420 0.1713 1,936.14 1048354020000 1048-354-02-0000 123 W E STREET LLC OFFICE 50 8,850 18,084 6.42 0.06420 0.1713 3,986.96 1048354030000 1048-354-03-0000 123 W E STREET LLC RETAIL SALES 187 7,812 9,068 6.42 0.06420 0.1713 3,255.42 1048354040000 1048-354-04-0000 WASHINGTON, CARRYE RETAIL SALES 31 3,875 3,875 6.42 0.06420 0.1713 1,111.58 1048354050000 1048-354-05-0000 BORGES, BENITO I & ESTELA C JNT LIV OFFICE 16 1,100 900 6.42 0.06420 0.1713 327.51 1048354060000 1048-354-06-0000 NOFFSINGER FAMILY TRUST 11/2/95 RETAIL SALES 16 1,890 1,200 6.42 0.06420 0.1713 429.62 1048354070000 1048-354-07-0000 WORK BOOT WAREHOUSE RETAIL SALES 42 5,418 7,172 6.42 0.06420 0.1713 1,846.04 1048354080000 1048-354-08-0000 YAMAMOTO, HARVEY H TR & YAMAMOTO, CINDY M TR RETAIL SALES 20 2,520 2,400 6.42 0.06420 0.1713 701.3 1048354090000 1048-354-09-0000 YAMAMOTO, HARVEY H TR & YAMAMOTO, CINDY M TR RETAIL SALES 31 3,875 3,875 6.42 0.06420 0.1713 1,111.58 1048354100000 1048-354-10-0000 MARCOS, FARID RETAIL SALES 31 3,906 3,100 6.42 0.06420 0.1713 980.82 1048354110000 1048-354-11-0000 CAMPUZANO, GLORIA RETAIL SALES 250 15,750 9,325 6.42 0.06420 0.1713 4,213.52 1048354120000 1048-354-12-0000 CITY OF ONTARIO VACANT 321 25,488 - 6.42 0.06420 0.1713 3,697.15 1048354130000 1048-354-13-0000 CITY OF ONTARIO VACANT 70 6,580 - 6.42 0.06420 0.1713 871.84 1048355020000 1048-355-02-0000 CITY OF ONTARIO VACANT 48 8,469 - 6.42 0.06420 0.1713 851.87 1048355030000 1048-355-03-0000 EUCLID PROPERTIES 531 LLC OFFICE 173 5,922 4,900 6.42 0.06420 0.1713 2,330.22 1048355040000 1048-355-04-0000 EUCLID PROPERTIES 531 LLC RETAIL SALES 46 5,764 4,042 6.42 0.06420 0.1713 1,357.76 1048355050000 1048-355-05-0000 LE, DA HONG & LE, NGOC DUNG RETAIL SALES 31 3,927 1,659 6.42 0.06420 0.1713 735.32 1048355060000 1048-355-06-0000 LE, DA HONG & LE, NGOC DUNG RETAIL SALES 41 3,876 2,449 6.42 0.06420 0.1713 931.57 1048355070000 1048-355-07-0000 CHEN, JEFFREY J H LIVING TR 3-9-06 & CHEN REVOCABLE TRUST 8-30-96 OFFICE 44 7,560 6,193 6.42 0.06420 0.1713 1,828.69 1048355080000 1048-355-08-0000 CHEN, JEFFREY J H LIVING TR 3-9-06 & CHEN REVOCABLE TRUST 8-30-96 OFFICE 44 5,555 4,579 6.42 0.06420 0.1713 1,423.49 1048355110000 1048-355-11-0000 CITY OF ONTARIO VACANT 58 10,217 - 6.42 0.06420 0.1713 1,028.29 1048355130000 1048-355-13-0000 SELLERS, JUERGEN L TR & SELLERS, KATHERINE A TR OFFICE 57 5,358 1,555 6.42 0.06420 0.1713 976.3 1048355150000 1048-355-15-0000 AEGIS REAL ESTATE MANAGEMENT CORP OFFICE 333 16,992 7,204 6.42 0.06420 0.1713 4,462.79 1048355160000 1048-355-16-0000 TRUMAN JOHNSON INC RETAIL SALES 250 15,646 2,349 6.42 0.06420 0.1713 3,011.86 1048356010000 1048-356-01-0000 WHITEHURST, DANIEL K & WHITEHURST, KATHLEEN M CEMETERY/MORTUARY 259 19,492 7,083 6.42 0.06420 0.1713 4,127.48 1048356020000 1048-356-02-0000 635 NORTH EUCLID, LLC RETAIL SALES 208 10,396 8,640 6.42 0.06420 0.1713 3,482.82 1048356030000 1048-356-03-0000 ALVA LUX GROUP LLC OFFICE 48 5,850 3,449 6.42 0.06420 0.1713 1,274.54 1048356040000 1048-356-04-0000 MAGIC NUMBER 3 INVESTMENTS LLC RESID. APARTMENTS 45 5,670 4,091 6.42 0.06420 0.1713 1,353.7 1048356050000 1048-356-05-0000 EAST FOREST INVESTMENT LLC OFFICE 62 7,812 12,400 6.42 0.06420 0.1713 3,023.69 1048356060000 1048-356-06-0000 CARABAJAL, MARIA ZAIDA OFFICE 31 3,906 1,752 6.42 0.06420 0.1713 749.9 1048356070000 1048-356-07-0000 LE, DA HONG & LE, NGOC-DUNG H VACANT 31 3,906 - 6.42 0.06420 0.1713 449.79 1048356080000 1048-356-08-0000 CITY OF ONTARIO OFFICE 31 2,480 2,480 6.42 0.06420 0.1713 783.06 1048356090000 1048-356-09-0000 ROSE-IN -BLOOM INC OFFICE 111 2,480 2,170 6.42 0.06420 0.1713 1,243.56 1048356100000 1048-356-10-0000 ROSENBLUM, JERRY A & CHERYL REVOCABL RESID. SINGLE FAMILY 46 2,852 - 6.42 0.06420 0.1713 478.42 1048356110000 1048-356-11-0000 CITY OF ONTARIO VACANT 55 9,799 - 6.42 0.06420 0.1713 982.2 1048356120000 1048-356-12-0000 WHITEHURST, DANIEL K & WHITEHURST, KATHLEEN M PARKING LOT 273 16,992 - 6.42 0.06420 0.1713 2,843.55 1048356130000 1048-356-13-0000 WHITEHURST, DANIEL K & WHITEHURST, KATHLEEN M RETAIL SALES 62 5,564 2,068 6.42 0.06420 0.1713 1,109.5 1048361010000 1048-361-01-0000 HUNTS POINT FALLS LLC RESTAURANT 250 15,710 5,454 6.42 0.06420 0.1713 3,547.85 1048361020000 1048-361-02-0000 HUNTS POINT FALLS LLC PARKING LOT 48 7,681 - 6.42 0.06420 0.1713 801.28 1048361030000 1048-361-03-0000 HUNTS POINT FALLS LLC PARKING LOT 50 6,930 - 6.42 0.06420 0.1713 765.91 1048361040000 1048-361-04-0000 SBM MORNING STAR LLC RESID. SINGLE FAMILY 191 7,140 2,017 6.42 0.06420 0.1713 2,030.12 1048361050000 1048-361-05-0000 HODGSON, MICHAEL L & HODGSON, WINDY RESID. SINGLE FAMILY 121 3,108 1,182 6.42 0.06420 0.1713 1,178.83 1048361060000 1048-361-06-0000 PIGLET & PIGGY ONTARIO FAMILY LP PARKING LOT 58 8,352 - 6.42 0.06420 0.1713 908.56 1048361070000 1048-361-07-0000 PIGLET & PIGGY ONTARIO FAMILY LP OFFICE 62 8,928 7,130 6.42 0.06420 0.1713 2,192.59 1048361080000 1048-361-08-0000 LIU, JAMES T RETAIL SALES 202 8,352 5,292 6.42 0.06420 0.1713 2,739.56 1048361090000 1048-361-09-0000 YAN, LIPING & QIU, LIHUA OFFICE 188 7,855 6,492 6.42 0.06420 0.1713 2,823.33 1048361100000 1048-361-10-0000 SERRANO, RIGOBERTO & SERRANO, PRIMITIVA RETAIL SALES 62 7,812 5,263 6.42 0.06420 0.1713 1,801.12 1048361110000 1048-361-11-0000 SERRANO, RIGOBERTO & SERRANO, PRIMITIVA PARKING LOT 62 7,812 - 6.42 0.06420 0.1713 899.57 1048361120000 1048-361-12-0000 HUNTS POINT FALLS LLC PARKING LOT 62 7,855 - 6.42 0.06420 0.1713 902.33 1048362020000 1048-362-02-0000 BETHEL CONGREGATIONAL CHURCH VACANT 46 8,142 - 6.42 0.06420 0.1713 818.04 1048362030000 1048-362-03-0000 WALLA WALL GROUP OFFICE 273 16,800 9,342 6.42 0.06420 0.1713 4,431.5 1048362040000 1048-362-04-0000 ROSALES, BARBARA & ROSALES, FERNANDO RESID. SINGLE FAMILY 86 7,680 2,209 6.42 0.06420 0.1713 1,423.58 1048362050000 1048-362-05-0000 ALELUK LLC PARKING LOT 187 8,736 - 6.42 0.06420 0.1713 1,761.39 1048362060000 1048-362-06-0000 SCHNEIDER FAMILY TRUST 02/16/90 & JANSAK FAMILY TRUST 10/18/90 VETERINARIAN/HOSP 49 8,640 1,940 6.42 0.06420 0.1713 1,201.59 1048362070000 1048-362-07-0000 SHOKER BROTHERS LLC & TRIPLE S OIL LLC MINI MART 250 15,624 1,148 6.42 0.06420 0.1713 2,804.71 1048362080000 1048-362-08-0000 ALELUK LLC OFFICE 93 11,718 11,096 6.42 0.06420 0.1713 3,250.1 1048362090000 1048-362-09-0000 BETHEL CONGREGATIONAL CHURCH CHURCH 220 11,782 - 6.42 0.06420 0.1713 2,168.8 1048362100000 1048-362-10-0000 PENTECOSTAL CHURCH OF GOD I M PAC RE CHURCH 62 7,855 - 6.42 0.06420 0.1713 902.33 1048363010000 1048-363-01-0000 AFSARI, FAISAL & AFSARI, NUSRAT AUTOMOTIVE USES 160 5,136 100 6.42 0.06420 0.1713 1,374.06 1048363020000 1048-363-02-0000 CITY OF ONTARIO PARKING LOT 411 38,086 - 6.42 0.06420 0.1713 5,083.74 Downtown Ontario Community Benefit District
Fiscal Year 2023/24
Assessment Roll
Owner Name Land Use
Willdan Financial Services Downtown Ontario Community Benefit District Page 1 of 4 166
Assessor's Parcel
Number
Assessor's Parcel Number
Formatted Linear Frontage Lot Size Building Area
Linear
Frontage
Assess Rate
Lot Size
Assess Rate
Building
Assess Rate
FY 2023/24
Assessment
(APN) (APN) (Ft) (Sq Ft) (Sq Ft) ($/Ft) ($/Sq Ft) ($/Sq Ft) ($) Downtown Ontario Community Benefit District
Fiscal Year 2023/24
Assessment Roll
Owner Name Land Use
1048363030000 1048-363-03-0000 CITY OF ONTARIO PARKING LOT 224 11,512 - 6.42 0.06420 0.1713 2,177.15 1048363040000 1048-363-04-0000 CITY OF ONTARIO BANK 10,080 205 10,500 6.42 0.06420 0.1713 3,761.89 1048363050000 1048-363-05-0000 CITY OF ONTARIO RETAIL SALES 260 31,901 31,973 6.42 0.06420 0.1713 9,194.22 1048551100000 1048-551-10-0000 CITY OF ONTARIO VACANT 430 46,602 - 6.42 0.06420 0.1713 5,752.45 1048551110000 1048-551-11-0000 ONTARIO HOUSING AUTHORITY VACANT 349 29,886 - 6.42 0.06420 0.1713 4,159.26 1048551120000 1048-551-12-0000 ONTARIO HOUSING AUTHORITY VACANT 287 21,240 - 6.42 0.06420 0.1713 3,206.15 1048551130000 1048-551-13-0000 ONTARIO HOUSING AUTHORITY VACANT 206 6,430 - 6.42 0.06420 0.1713 1,735.33 1048552130000 1048-552-13-0000 CITY OF ONTARIO PARKING LOT 546 34,579 - 6.42 0.06420 0.1713 5,725.29 1048552140000 1048-552-14-0000 CITY OF ONTARIO PARKING LOT 97 19,096 - 6.42 0.06420 0.1713 1,848.7 1048552150000 1048-552-15-0000 ONTARIO HOUSING AUTHORITY PARKING LOT 10 2,439 - 6.42 0.06420 0.1713 220.78 1048552170000 1048-552-17-0000 ONTARIO HOUSING AUTHORITY BANK 10,993 218 6,800 6.42 0.06420 0.1713 3,270.15 1048552180000 1048-552-18-0000 CITY OF ONTARIO VACANT 14 789 - 6.42 0.06420 0.1713 140.53 1048552220000 1048-552-22-0000 200 NORTH EUCLID LLC Retail Sales 213 8,509 8,828 6.42 0.06420 0.1713 3,425.97 1048552230000 1048-552-23-0000 200 NORTH EUCLID LLC Vacant - 1,786 - 6.42 0.06420 0.1713 114.66 1048552240000 1048-552-24-0000 ONTARIO HOUSING AUTHORITY Vacant 195 24,332 - 6.42 0.06420 0.1713 2,814.01 1048553010000 1048-553-01-0000 CITY OF ONTARIO HOUSING AUTHORITY VACANT 185 7,434 - 6.42 0.06420 0.1713 1,664.96 1048553020000 1048-553-02-0000 CITY OF ONTARIO RETAIL SALES 48 8,496 4,450 6.42 0.06420 0.1713 1,615.89 1048553030000 1048-553-03-0000 CITY OF ONTARIO VACANT 48 8,496 - 6.42 0.06420 0.1713 853.6 1048553040000 1048-553-04-0000 CITY OF ONTARIO PARKING LOT 225 8,496 - 6.42 0.06420 0.1713 1,989.94 1048553050000 1048-553-05-0000 ONTARIO HOUSING AUTHORITY RETAIL SALES 40 5,760 - 6.42 0.06420 0.1713 626.59 1048553060000 1048-553-06-0000 ONTARIO HOUSING AUTHORITY SHOPPING CENTERS 157 3,810 - 6.42 0.06420 0.1713 1,252.54 1048553070000 1048-553-07-0000 ONTARIO HOUSING AUTHORITY RETAIL SALES 33 4,191 - 6.42 0.06420 0.1713 480.92 1048553080000 1048-553-08-0000 ONTARIO HOUSING AUTHORITY SHOPPING CENTERS 53 6,731 - 6.42 0.06420 0.1713 772.39 1048553090000 1048-553-09-0000 ONTARIO HOUSING AUTHORITY PARKING LOT 28 3,556 - 6.42 0.06420 0.1713 408.06 1048553100000 1048-553-10-0000 ONTARIO HOUSING AUTHORITY PARKING LOT 146 2,520 - 6.42 0.06420 0.1713 1,099.1 1048553110000 1048-553-11-0000 ONTARIO HOUSING AUTHORITY PARKING LOT 31 3,906 - 6.42 0.06420 0.1713 449.79 1048553120000 1048-553-12-0000 ONTARIO HOUSING AUTHORITY RETAIL SALES 31 3,906 - 6.42 0.06420 0.1713 449.79 1048553130000 1048-553-13-0000 ONTARIO HOUSING AUTHORITY RETAIL SALES 62 7,812 10,000 6.42 0.06420 0.1713 2,612.57 1048553140000 1048-553-14-0000 ONTARIO HOUSING AUTHORITY RETAIL SALES 32 4,268 - 6.42 0.06420 0.1713 479.45 1048553150000 1048-553-15-0000 ONTARIO HOUSING AUTHORITY RETAIL SALES 31 3,780 3,904 6.42 0.06420 0.1713 1,110.45 1048553160000 1048-553-16-0000 CITY OF ONTARIO RETAIL SALES 31 8,854 3,250 6.42 0.06420 0.1713 1,324.17 1048553170000 1048-553-17-0000 CITY OF ONTARIO RETAIL SALES 65 8,190 17,400 6.42 0.06420 0.1713 3,923.72 1048561070000 1048-561-07-0000 GROUP 1 EL MONTE PROPERTIES LTD RESID. APARTMENTS 225 8,496 3,417 6.42 0.06420 0.1713 2,575.28 1048561080000 1048-561-08-0000 JOSHUA 1 PROPERTY MANAGEMENT LLC MEDICAL/DENTAL/LABS 96 17,169 3,845 6.42 0.06420 0.1713 2,377.22 1048561090000 1048-561-09-0000 HU, ZHENGQIANG & DU, RUILAN RESIDENTIAL 48 8,554 1,392 6.42 0.06420 0.1713 1,095.78 1048561100000 1048-561-10-0000 CABANAS, MIGUEL ANGEL & CABANAS, ANAHI VACANT 48 8,496 - 6.42 0.06420 0.1713 853.6 1048561110000 1048-561-11-0000 CLS-INVESTMENTS INC & COMMUNITY LENDING SERVICES INC OFFICE 123 8,400 1,190 6.42 0.06420 0.1713 1,532.79 1048561120000 1048-561-12-0000 BELLO, LAURA REVOCABLE TRUST 10/5/07 COMMERCIAL 102 4,896 1,728 6.42 0.06420 0.1713 1,265.17 1048561130000 1048-561-13-0000 FRONTIER CALIFORNIA INC VACANT 642 54,516 109,032 6.42 0.06420 0.1713 26,298.75 1048562010000 1048-562-01-0000 UNITED CHRISTIAN CHURCH/HACIENDA HTS CHURCH 417 42,834 - 6.42 0.06420 0.1713 5,427.08 1048562020000 1048-562-02-0000 RMEICH LLC OFFICE 225 8,496 4,178 6.42 0.06420 0.1713 2,705.63 1048562030000 1048-562-03-0000 RUBEL FAMILY TRUST 1-7-91 - EST OF SHOPPING CENTERS 369 34,161 19,923 6.42 0.06420 0.1713 7,974.93 1048562060000 1048-562-06-0000 HALE, KENNETH D OFFICE 55 2,658 1,980 6.42 0.06420 0.1713 862.92 1048562070000 1048-562-07-0000 PAN DE VIDA SPANISH MINISTRY OF ONTA COMMERCIAL 170 13,032 - 6.42 0.06420 0.1713 1,928.05 1048563010000 1048-563-01-0000 TORRES, MARIA & HORTA, OSVALDO ANDRES OFFICE 175 6,096 1,194 6.42 0.06420 0.1713 1,719.4 1048563020000 1048-563-02-0000 JJDR REAL ESTATE CORP VACANT 48 8,496 - 6.42 0.06420 0.1713 853.6 1048563030000 1048-563-03-0000 JJDR REAL ESTATE CORP RETAIL SALES 96 16,992 6,767 6.42 0.06420 0.1713 2,866.39 1048563060000 1048-563-06-0000 CITY OF ONTARIO VACANT 226 9,365 - 6.42 0.06420 0.1713 2,052.15 1048563070000 1048-563-07-0000 ROSENBLUM, JERRY A & CHERYL REV TR 1 OFFICE 48 7,536 5,154 6.42 0.06420 0.1713 1,674.85 1048563080000 1048-563-08-0000 ROSENBLUM, JERRY A & CHERYL REV TR 1 SHOPPING CENTERS 96 16,992 16,692 6.42 0.06420 0.1713 4,566.55 1048563090000 1048-563-09-0000 ROSENBLUM, JERRY A & CHERYL REV TR AUTOMOTIVE USES 46 8,496 - 6.42 0.06420 0.1713 840.76 1048563100000 1048-563-10-0000 ROSENBLUM, JERRY A & CHERYL REV TR AUTOMOTIVE USES 225 8,496 - 6.42 0.06420 0.1713 1,989.94 1048563110000 1048-563-11-0000 BECERRA, GLORIA A & AYALA, KRYSTAL J RESIDENTIAL 47 2,400 790 6.42 0.06420 0.1713 591.15 1048563120000 1048-563-12-0000 JJDR REAL ESTATE CORPORATION RETAIL SALES 48 7,953 3,360 6.42 0.06420 0.1713 1,394.31 1048563130000 1048-563-13-0000 JJDR REAL ESTATE CORPORATION RETAIL SALES 225 8,754 13,104 6.42 0.06420 0.1713 4,251.22 1048564010000 1048-564-01-0000 LCS ENTERPRISES LLC RETAIL SALES 176 7,680 6,888 6.42 0.06420 0.1713 2,802.89 1048564020000 1048-564-02-0000 JIANPING LLC RETAIL SALES 48 8,496 16,724 6.42 0.06420 0.1713 3,718.42 1048564030000 1048-564-03-0000 Y&A INVESTMENT LLC & OPPENHEIM, SUZETTE SEPARATE PROP TR RETAIL SALES 196 8,820 15,650 6.42 0.06420 0.1713 4,505.41 1048564040000 1048-564-04-0000 Y & A INVESTMENT LLC RETAIL SALES 55 6,875 4,125 6.42 0.06420 0.1713 1,501.09 1048564050000 1048-564-05-0000 Y & A INVESTMENTS LLC RETAIL SALES 36 3,906 2,733 6.42 0.06420 0.1713 950.05 Willdan Financial Services Downtown Ontario Community Benefit District Page 2 of 4 167
Assessor's Parcel
Number
Assessor's Parcel Number
Formatted Linear Frontage Lot Size Building Area
Linear
Frontage
Assess Rate
Lot Size
Assess Rate
Building
Assess Rate
FY 2023/24
Assessment
(APN) (APN) (Ft) (Sq Ft) (Sq Ft) ($/Ft) ($/Sq Ft) ($/Sq Ft) ($) Downtown Ontario Community Benefit District
Fiscal Year 2023/24
Assessment Roll
Owner Name Land Use
1048564060000 1048-564-06-0000 CITY OF ONTARIO VACANT 61 7,812 - 6.42 0.06420 0.1713 893.15 1048564070000 1048-564-07-0000 ROUMBOS, JOHN P & GEORGIA TRUST & ROUMBOS, JOHN P AND GEORGIA TRS SHOPPING CENTERS 93 10,278 10,572 6.42 0.06420 0.1713 3,067.89 1048564080000 1048-564-08-0000 S AMERICAN LLC RETAIL SALES 21 1,835 3,472 6.42 0.06420 0.1713 847.38 1048564090000 1048-564-09-0000 DAMON, DAN & JACKIE FAMILY TRUST 8-1 RETAIL SALES 93 2,132 3,960 6.42 0.06420 0.1713 1,412.28 1048564100000 1048-564-10-0000 CHANG, CHIEN-KUO & YU-YUN CHEN SUR S & MA, WENDY CHANG FAMILY LIVING TRUST RETAIL SALES 74 4,330 8,660 6.42 0.06420 0.1713 2,236.52 1048564110000 1048-564-11-0000 JJDR REAL ESTATE CORPORATION RETAIL SALES 48 8,622 3,615 6.42 0.06420 0.1713 1,480.94 1048564120000 1048-564-12-0000 CARPENTER, RICHARD R TRUST RETAIL SALES 214 8,914 8,653 6.42 0.06420 0.1713 3,428.42 1048564130000 1048-564-13-0000 CITY OF ONTARIO VACANT 58 6,299 - 6.42 0.06420 0.1713 776.76 1048564140000 1048-564-14-0000 CITY OF ONTARIO VACANT 97 9,312 - 6.42 0.06420 0.1713 1,220.57 1048565010000 1048-565-01-0000 CITY OF ONTARIO PARKING LOT 291 23,388 - 6.42 0.06420 0.1713 3,369.73 1048565020000 1048-565-02-0000 CITY OF ONTARIO MEDICAL/DENTAL/LABS 30 2,100 2,100 6.42 0.06420 0.1713 687.15 1048565030000 1048-565-03-0000 CITY OF ONTARIO RETAIL SALES 219 11,782 33,804 6.42 0.06420 0.1713 7,953.01 1048565040000 1048-565-04-0000 HERRERA, RAYMUNDO III & CENTENO, RICHARD RETAIL SALES 24 1,536 2,400 6.42 0.06420 0.1713 663.81 1048565050000 1048-565-05-0000 PHOEBE INTERNATIONAL LLC RETAIL SALES 37 5,820 11,976 6.42 0.06420 0.1713 2,662.67 1048565060000 1048-565-06-0000 SALDANAS, ISIDRO REVOCABLE TR 8/29/1 RETAIL SALES 62 7,812 7,812 6.42 0.06420 0.1713 2,237.77 1048565070000 1048-565-07-0000 GINGOLD FAMILY TRUST 1-28-09 RETAIL SALES 31 4,032 3,696 6.42 0.06420 0.1713 1,091.0 1048565080000 1048-565-08-0000 GARDNER DENTAL PROPERTY LLC MEDICAL/DENTAL/LABS 31 3,780 3,480 6.42 0.06420 0.1713 1,037.82 1048565090000 1048-565-09-0000 MOBAY INVESTMENT LLC RETAIL SALES 31 4,000 5,560 6.42 0.06420 0.1713 1,408.25 1048565100000 1048-565-10-0000 CISNEROS, JOSE JESUS & CISNEROS, ALBERTO RETAIL SALES 188 7,812 7,938 6.42 0.06420 0.1713 3,068.27 1048565110000 1048-565-11-0000 INDEPENDENT ORDER OF ODD FELLOWS RETAIL SALES 95 9,216 36,864 6.42 0.06420 0.1713 7,516.37 1048565120000 1048-565-12-0000 KIM, BRUCE MEDICAL/DENTAL/LABS 118 3,360 3,296 6.42 0.06420 0.1713 1,537.88 1048565130000 1048-565-13-0000 CITY OF ONTARIO VACANT 107 5,136 - 6.42 0.06420 0.1713 1,016.67 1048565140000 1048-565-14-0000 CITY OF ONTARIO VACANT - 8,448 - 6.42 0.06420 0.1713 542.36 1048566010000 1048-566-01-0000 CITY OF ONTARIO VACANT 148 4,800 - 6.42 0.06420 0.1713 1,258.32 1048566020000 1048-566-02-0000 CITY OF ONTARIO RETAIL SALES 48 8,496 6,111 6.42 0.06420 0.1713 1,900.42 1048566030000 1048-566-03-0000 CITY OF ONTARIO VACANT 48 8,496 - 6.42 0.06420 0.1713 853.6 1048566040000 1048-566-04-0000 POMONA FIRST FED SAVINGS/LOAN ASSOC BANK 11,844 219 10,840 6.42 0.06420 0.1713 4,023.26 1048566050000 1048-566-05-0000 BETHLEHEM AJAM ONE INC RETAIL SALES 136 17,262 35,524 6.42 0.06420 0.1713 8,066.6 1048566060000 1048-566-06-0000 TANG, LAN T RETAIL SALES 52 6,552 5,800 6.42 0.06420 0.1713 1,748.02 1048566070000 1048-566-07-0000 OVERLAND DIRECT INC RETAIL SALES 219 11,718 12,003 6.42 0.06420 0.1713 4,214.39 1048566080000 1048-566-08-0000 CITY OF ONTARIO PARKING LOT - 2,400 - 6.42 0.06420 0.1713 154.08 1048566090000 1048-566-09-0000 CITY OF ONTARIO PARKING LOT 100 14,662 - 6.42 0.06420 0.1713 1,583.3 1048566100000 1048-566-10-0000 CITY OF ONTARIO VACANT 225 8,496 - 6.42 0.06420 0.1713 1,989.94 1048566110000 1048-566-11-0000 CITY OF ONTARIO VACANT 77 3,696 2,208 6.42 0.06420 0.1713 1,109.85 1049055010000 1049-055-01-0000 MCKENRICK, PATRICIA L TRUST 10/25/19 RETAIL SALES 192 9,064 9,064 6.42 0.06420 0.1713 3,367.21 1049055020000 1049-055-02-0000 TORRES, JOSE OSVALDO RETAIL SALES 42 3,738 3,738 6.42 0.06420 0.1713 1,149.94 1049055030000 1049-055-03-0000 HATFIELD, DEBRA LEE FAM TRUST 10/26/ SHOPPING CENTERS 50 4,361 4,361 6.42 0.06420 0.1713 1,348.02 1049055040000 1049-055-04-0000 J & C DYNAMICS INC SHOPPING CENTERS 47 4,183 4,183 6.42 0.06420 0.1713 1,286.84 1049055050000 1049-055-05-0000 TRAKHMAN, ALEXSANDR & KRUTCHENSKY, JEFFREY AUTOMOTIVE USES 137 4,272 1,000 6.42 0.06420 0.1713 1,325.1 1049055060000 1049-055-06-0000 TRAKHMAN, ALEXSANDR & KRUTCHENSKY, JEFFREY AUTOMOTIVE USES 137 4,301 - 6.42 0.06420 0.1713 1,155.66 1049055070000 1049-055-07-0000 J & C DYNAMICS INC VACANT 47 4,183 - 6.42 0.06420 0.1713 570.29 1049055080000 1049-055-08-0000 HATFIELD, DEBRA LEE FAM TRUST 10/26/ VACANT 48 4,301 - 6.42 0.06420 0.1713 584.28 1049055090000 1049-055-09-0000 115 S PALM AVE BUILDING TRUST 11/29/ RETAIL SALES 233 12,816 12,905 6.42 0.06420 0.1713 4,529.27 1049056010000 1049-056-01-0000 CITY OF ONTARIO VACANT 254 15,225 - 6.42 0.06420 0.1713 2,608.13 1049056020000 1049-056-02-0000 CITY OF ONTARIO VACANT 48 4,872 - 6.42 0.06420 0.1713 620.94 1049056030000 1049-056-03-0000 CITY OF ONTARIO VACANT 48 4,872 - 6.42 0.06420 0.1713 620.94 1049056040000 1049-056-04-0000 CITY OF ONTARIO VACANT 153 5,040 - 6.42 0.06420 0.1713 1,305.83 1049056050000 1049-056-05-0000 CITY OF ONTARIO SCHOOLS 250 15,225 15,000 6.42 0.06420 0.1713 5,151.95 1049056060000 1049-056-06-0000 CITY OF ONTARIO VACANT 250 15,225 - 6.42 0.06420 0.1713 2,582.45 1049057010000 1049-057-01-0000 UNITED STATES OF AMERICA VACANT 430 22,632 - 6.42 0.06420 0.1713 4,213.57 1049057020000 1049-057-02-0000 LANDAVERDE, XENIA E TRUST 2020 RETAIL SALES 56 4,428 4,428 6.42 0.06420 0.1713 1,402.31 1049057030000 1049-057-03-0000 FLORES, JOSE JAIMIE & FLORES, GRACIELA RETAIL SALES 158 5,280 5,212 6.42 0.06420 0.1713 2,246.15 1049057040000 1049-057-04-0000 PUSCIZNA, DAVID & LUCE, DONALD BRUM TRUST 12-17-18 RETAIL SALES 31 3,520 6,680 6.42 0.06420 0.1713 1,569.29 1049057050000 1049-057-05-0000 THEE AGUILA INC SHOPPING CENTERS 430 4,900 9,000 6.42 0.06420 0.1713 4,616.88 1049057060000 1049-057-06-0000 CITY OF ONTARIO VACANT 156 5,600 - 6.42 0.06420 0.1713 1,361.04 1049057070000 1049-057-07-0000 CITY OF ONTARIO VACANT 50 3,723 - 6.42 0.06420 0.1713 560.02 1049058010000 1049-058-01-0000 VEJ ONTARIO LP COMMERCIAL 208 9,856 8,654 6.42 0.06420 0.1713 3,450.55 1049058020000 1049-058-02-0000 CITY OF ONTARIO VACANT 68 5,077 - 6.42 0.06420 0.1713 762.5 1049058030000 1049-058-03-0000 HOUSING AUTHORITY/CO SAN BERNARDINO COMMERCIAL 191 8,910 21,351 6.42 0.06420 0.1713 5,455.67 1049058040000 1049-058-04-0000 ROJAS, LUIS ALBERTO FAM TR 12/15/08 & ROJAS, LUIS A OFFICE 214 9,000 4,048 6.42 0.06420 0.1713 2,645.1 Willdan Financial Services Downtown Ontario Community Benefit District Page 3 of 4 168
Assessor's Parcel
Number
Assessor's Parcel Number
Formatted Linear Frontage Lot Size Building Area
Linear
Frontage
Assess Rate
Lot Size
Assess Rate
Building
Assess Rate
FY 2023/24
Assessment
(APN) (APN) (Ft) (Sq Ft) (Sq Ft) ($/Ft) ($/Sq Ft) ($/Sq Ft) ($) Downtown Ontario Community Benefit District
Fiscal Year 2023/24
Assessment Roll
Owner Name Land Use
1049058050000 1049-058-05-0000 CORNERSTONE CA LLC MEDICAL/DENTAL/LABS 204 13,346 3,920 6.42 0.06420 0.1713 2,837.99 1049059070000 1049-059-07-0000 ONTARIO HOUSING AUTHORITY RESID. SINGLE FAMILY 52 6,136 - 6.42 0.06420 0.1713 727.77 1049059080000 1049-059-08-0000 VEJ ONTARIO LP SHOPPING CENTERS 74 8,140 2,910 6.42 0.06420 0.1713 1,496.15 1049059090000 1049-059-09-0000 VEJ ONTARIO LP PARKING LOT 56 8,140 - 6.42 0.06420 0.1713 882.11 1049059140000 1049-059-14-0000 CITY OF ONTARIO VACANT 405 39,403 - 6.42 0.06420 0.1713 5,129.77 1049059210000 1049-059-21-0000 VEJ ONTARIO LP COMMERCIAL 269 29,645 22,935 6.42 0.06420 0.1713 7,558.95 1049061010000 1049-061-01-0000 SEC EUCLID & HOLT AVE PROPERTY LP OFFICE 428 20,097 57,930 6.42 0.06420 0.1713 13,961.4 1049061020000 1049-061-02-0000 SEC EUCLID & HOLT AVE PROPERTY LP OFFICE 427 20,196 - 6.42 0.06420 0.1713 4,037.92 1049061030000 1049-061-03-0000 SEC EUCLID & HOLT AVE PROPERTY LP PARKING LOT 48 4,488 - 6.42 0.06420 0.1713 596.29 1049062010000 1049-062-01-0000 CITY OF ONTARIO RECREATIONAL 395 34,087 15,000 6.42 0.06420 0.1713 7,293.79 1049062020000 1049-062-02-0000 CITY OF ONTARIO RECREATIONAL 412 38,880 - 6.42 0.06420 0.1713 5,141.14 1049063010000 1049-063-01-0000 NA, SUSAN TR AUTOMOTIVE USES 190 9,021 5,536 6.42 0.06420 0.1713 2,747.27 1049063020000 1049-063-02-0000 CITY OF ONTARIO SHOPPING CENTERS 97 13,548 11,400 6.42 0.06420 0.1713 3,445.34 1049063030000 1049-063-03-0000 ROJAS, ALICIA FAMILY TRUST 12/15/08 RETAIL SALES 17 1,504 1,040 6.42 0.06420 0.1713 383.85 1049063040000 1049-063-04-0000 ROJAS, ALICIA FAMILY TRUST 12-15-08 RETAIL SALES 31 3,008 2,080 6.42 0.06420 0.1713 748.44 1049063050000 1049-063-05-0000 CARVALHO, JOAO R & CARVALHO, LISA C RETAIL SALES 142 4,512 1,614 6.42 0.06420 0.1713 1,477.79 1049063060000 1049-063-06-0000 GREEN, ARCHIE L AUTOMOTIVE USES 142 4,512 3,384 6.42 0.06420 0.1713 1,780.99 1049063070000 1049-063-07-0000 GREEN, ARCHIE L COMMERCIAL 48 4,464 1,645 6.42 0.06420 0.1713 876.54 1049063080000 1049-063-08-0000 GREEN, ARCHIE L VACANT 96 9,021 - 6.42 0.06420 0.1713 1,195.47 1049063090000 1049-063-09-0000 NA, CHRIS SUNG & NA, STEVE CHUNGHWAN VACANT 143 4,559 - 6.42 0.06420 0.1713 1,210.75 1049063100000 1049-063-10-0000 HARMAN, JOHN D & HARMAN, PAULA R SHOPPING CENTERS 47 4,559 4,000 6.42 0.06420 0.1713 1,279.63 1049064120000 1049-064-12-0000 CITY OF ONTARIO RECREATIONAL - 8,064 - 6.42 0.06420 0.1713 517.71 1049064130000 1049-064-13-0000 CITY OF ONTARIO RECREATIONAL 133 12,768 6,400 6.42 0.06420 0.1713 2,769.89 1049064140000 1049-064-14-0000 CITY OF ONTARIO PARKING LOT 620 48,242 6,232 6.42 0.06420 0.1713 8,145.08 Total 27,356 2,031,904 1,019,692 $480,747.00Parcel Count 204 Willdan Financial Services Downtown Ontario Community Benefit District Page 4 of 4 169
Department: Police Department
Prepared By: Mary Salem
Staff Member Presenting:

Mike Lorenz, Chief of Police
Reviewed By: Lizceth Zazueta
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 23
SUBJECT: AN AMENDMENT TO EXTEND THE PROFESSIONAL AGREEMENT FOR JAIL AND

TRANSPORTATION SERVICES WITH UNIVERSAL PROTECTION SERVICES LP,

ALLIED UNIVERAL PROTECTION SERVICES

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager or his designee to execute the third Amendment to the Professional Services Agreement (on file with Records Management) to increase the contracted dollar amount with Universal Protection Services LP, Allied Universal Protection Services of Atlanta, Georgia by $625,342, which would increase the total notto-exceed to $2,331,738 and extend the term for one year.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: The recommended Amendment increases the authorized contract by $625,342 for a total not to exceed amount of $2,331,738. The Fiscal Year 2023-24 Adopted Budget includes appropriations of $625,342 for booking, jail and transportation services. The City will be billed for actual services provided during the one year extension period.

BACKGROUND & ANALYSIS: Booking, jail and transportation services are used to reduce the amount of time spent by sworn officers transporting prisoners to West Valley Detention Center. First implemented in 2006 as a result of a comprehensive Police Department staffing study, the outsourcing of transport services has reduced thousands of hours per year officers would spend providing these services. The original agreement was executed with G4S and assigned to Allied Universal in 2021 through a Consent to Assignment Agreement.

Universal Protection Services LP, Allied Universal Protection Services, has provided these services to the City of Ontario since 2006. Universal Protection Services LP, Allied Universal Protection Services has demonstrated the ability to provide quality and responsive services to meet the needs of the Police Department. Universal Protection Services LP, Allied Universal Protection Services meets the standards of the California Boards of Corrections and is accredited with the American Correctional Association.

Universal Protection Services LP, Allied Universal Protection Services has been an outstanding vendor and have shown they can be counted on to ensure no shortage in services. 170
Department: Community Life & Culture
Prepared By: Lacey A Rightmer
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 24
SUBJECT: A GOODS AND SERVICES AGREEMENT FOR LIBRARY MATERIALS INCLUDING

CATALOGING AND PROCESSING SERVICES AND ONLINE COLLECTION ANALYSIS TOOL

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Approve and authorize the City Manager or designee to execute a three-year agreement (on file in the Records Management Department) with Baker & Taylor, Inc. of Charlotte, North Carolina, with an annual amount of $380,000 and a total compensation not to exceed $1,900,000 for five years for the purchase of library materials including cataloging and processing services and subscription to an online library collection analysis tool; and B. Authorize the extension of the Agreement for up to two additional one-year periods consistent with City Council approved budgets.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT: The Fiscal Year 2023-24 Adopted Budget includes appropriations in the General Fund for library materials such as books, audio recordings and DVDs, cataloging and processing services, and a subscription to an online library collection analysis tool for collection maintenance.

The annual not-to-exceed amount for this Agreement is $380,000 and has a total compensation not-to-exceed amount of $1,900,000 over the period of five years. Expenditures in any year of the proposed Agreement will be based on the actual purchases and services rendered at the fixed discounted and contract service rates. Funding for all future years of the Agreement will be consistent with the respective years' adopted budgets.

BACKGROUND & ANALYSIS: The Library purchases approximately 32,000 books, DVDs, and audio recordings for community use each year. Staff recommends the continued consolidation of library material purchases through a primary vendor and augmented by a limited number of secondary vendors.
171
Large library material vendors order and warehouse materials from multiple publishers and can negotiate reduced costs because of their volume purchases. Those vendors then provide books at scheduled discounts below most publisher's retail prices. In addition, cataloging and processing services will be provided by Baker & Taylor, which includes but are not limited to cataloging to current library standards, applying labels, adding the library's property stamp, and providing polyester covers to protect books and other materials.

In April 2023, the City solicited proposals for the provision of library materials with services. Three proposals were received and only Baker & Taylor fully met the bid criteria and standards necessary to perform this work.

Vendor Location
Baker & Taylor, Inc. Charlotte, NC
Brodart Co. Williamsport, PA
Midwest Tape Holland, OH
Baker & Taylor, located in Charlotte, North Carolina, submitted a proposal that met all required specifications with a base processing cost per book of $4.25. Based on their proposal, credentials, pricing, products offered, and favorable references, Staff recommends awarding a Goods and Services Agreement to Baker & Taylor.
172
Department: Economic Development
Prepared By: Karla Tavera
Staff Member Presenting:

Jennifer McLain Hiramoto, Economic
Development Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 25
SUBJECT: AN AMENDMENT TO THE OPERATING COVENANT AND TAX SHARING

AGREEMENTS WITH NIKE, CARDINAL HEALTH AND RGH ENTERPRISES, CONCRETE

HOLDING, AND HOME DEPOT

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Adopt a Resolution approving Amendments to the Operating Covenant Agreement, (on file with the Records Management Department) by and between the City of Ontario and the following corporations: Nike Retail Services, Inc., Cardinal Health, 200, LLC. and RGH Enterprises, Inc., Concrete Holding Company of California, Inc., and Home Depot U.S.A., Inc. and
B. Authorize the City Manager or his designee to execute the Amendments to the Agreements.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT: There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law. The City of Ontario receives one percent (1%) of all taxable sales generated within the City under this law. Sales and Use Tax revenues are an important source of revenue for the City, which are used to provide essential City services, such as police, fire, infrastructure maintenance and community facilities.

On November 8, 2022, Ontario voters approved Measure Q, which increases the City’s sale tax from the previous rate of 7.75% to 8.75%. This will generate additional revenue to be used for the services, projects and programs that will benefit Ontario residents. This sales tax increase went into effect on April 1, 2023.
173
This sales tax applies to all retail sales of goods and merchandise except those sales specifically exempted by law. This sales tax rate also applies to businesses with whom the City currently have Operating Covenant Agreements (OCA). The purpose of OCAs is to generate additional revenue for the City, and create jobs that will revitalize an underserved area of the City and result in community and public improvements that might not otherwise be available to the community for many years. Rather than increasing the amount of sales tax that is shared by the City, four businesses (Nike Retail Services, Inc., Home Depot U.S.A. Inc., Concrete Holding Company of California, Inc., and Cardinal Health, 200, LLC., and RGH Enterprises, Inc.) have agreed that the increased sales tax revenue created by the passage of Measure Q will not be included in the calculation of the City’s covenant payments to these businesses. 174
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING AMENDMENTS TO THE OPERATING

COVENANT AND TAX SHARING AGREEMENTS WITH NIKE RETAIL
SERVICES, INC., CARDINAL HEALTH, 200, LLC. AND RGH
ENTERPRISES, INC., CONCRETE HOLDING COMPANY OF
CALIFORNIA, INC., AND HOME DEPOT U.S.A., INC.

WHEREAS, the City of Ontario (“City”) has entered into Operative Covenant and Tax Sharing Agreements with numerous business, including, but not limited to, Nike, Cardinal Health and RGH, Concrete Holding, and Home Depot; and WHEREAS, the purpose of the Operating Covenant and Tax Sharing Agreement is to encourage the creation of jobs as well as additional investment within the community in return for a share of sales tax revenue from the City; and WHEREAS, on November 8, 2022, City residents approved Measure Q, which increases the City’s sales tax from the current rate of 7.75% to .8.75%; and WHEREAS, the Operative Covenant and Tax Sharing Agreements are silent on the treatment of the increased sales tax implemented by Measure Q; and WHEREAS, Nike, Cardinal Health and RGH, Concrete Holding, and Home Depot have agreed to enter into amendments to their respective Operating Covenant and Tax Sharing Agreements in order to explicitly exclude the increased sales tax revenue implemented by Measure Q and keep the calculation of payments at pre-Measure Q levels.

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

SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct, are incorporated and made an operative part of this Resolution.

SECTION 2. Approval of Amendment. The City Council hereby approves amendments to the Operating Covenant and Tax Sharing Agreements with Nike, Cardinal Health and RGH, Concrete Holding, and Home Depot, in the form presented to the City Council, and attached hereto as Exhibit A.

SECTION 3. Authority. Without the requirement of any further approval of the City Council, the City Manager or designee is authorized to do all of the following: (a) execute the amendments to the Operative Covenant and Tax Sharing Agreements with Nike, Cardinal Health and RGH, Concrete Holding, and Home Depot; (b) make nonsubstantive changes or modifications to the amendments deemed necessary by the City Manager; and (c) take any action and execute all documents and agreements necessary to implement this Resolution and the amendments, and to administer the City’s obligations, responsibilities, and duties to be performed thereunder. 175
SECTION 4. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 6th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
176

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 June 6, 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 June 6, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
177

EXHIBIT A

AMENDMENTS TO OPERATING

COVENANT AND TAX SHARING AGREEMENTS
178

FIRST AMENDMENT
TO

OPERATING COVENANT AND TAX SHARING AGREEMENT
between

THE CITY OF ONTARIO,
a California municipal corporation
and
NIKE RETAIL SERVICES, INC.
a Oregon corporation
179

1. PARTIES AND EFFECTIVE DATE

1.1 Parties to this First Amendment. This First Amendment to the Operating Covenant and Tax Sharing Agreement (“First Amendment”) is entered into between the City of Ontario, a California municipal corporation (“City”) and Nike Retail Services, Inc. (“Owner”). City and Owner are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

1.2 Effective Date. The Effective Date of this First Amendment is on the date last signed by either Party below.

2. RECITALS AND REPRESENTATIONS

2.1 The City and the Owner have entered into that certain Operating Covenant and Tax Sharing Agreement, dated September 15, 2020, for the purpose of establishing an arrangement whereby the Owner agreed to, among other things, develop and operate a facility and receive certain operating covenant payments (the “Original Agreement”).

2.2 On November 8, 2022, Ontario residents approved Measure Q, which increases the City’s sales tax from the current rate of 7.75% to 8.75%.

2.3. The Parties now desire to amend the Original Agreement in order to clarify the impact of the passage of Measure Q on the tax sharing provisions of the Original Agreement.

3. TERMS

3.1 Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

3.2 Treatment of Measure Q Sales Tax Increase. Owner understands and agrees that the increased sales tax revenue created by the passage of Measure Q shall not be included in the calculation of the Covenant Payment as outlined in Section 3.2.1 of the Original Agreement. For the avoidance of doubt, the calculation of the Covenant Payment shall continue be calculated using the following calculation:
“The consideration to be paid to the Owner in exchange for the Covenants and Owner’s performance of its obligations set forth in this Covenant Agreement, and subject to satisfaction of all conditions precedent thereto, shall consist of City’s payment to the Owner for each Computation Quarter during the Eligibility Period that the City receives Sales Tax Revenue, and amount equal to the sum of fifty percent (50%) of the Sales Tax Revenues attributable to annual taxable sales at the Facility received by the City (“Covenant Payment”). The City’s obligations under this Section 3.2 are contingent on a Computation Quarter-to-Quarter basis and, for each Computation Quarter, City’s obligations to make any payments hereunder are expressly contingent upon the Owner having, for the entirety of such Computation Quarter, completely fulfilled its mater obligations under this Covenant Agreement, including, without limitation, the Covenants. Should such condition precedent not be satisfied for each Computation 180
Quarter, then City shall have no obligation under this Section 3.2 to make any Covenant Payments to Owner in such Computation Quarter.

The definition of “Sales Tax Revenues” as defined in Section 1.3.16 of the Original Agreement is amended and the last sentence of this section is replaced with the following:
“Sales Tax Revenues shall not include: (i) Penalty Assessments; (ii) any Sales Tax levied by, collected for or allocated to the State of California, the County of San Bernardino, or a district or any entity (including an allocation to a statewide or countywide pool); (iii) any administrative fee charged by the CDTFA; (iv) any Sales Tax subject to any sharing, rebate, offset or other charge imposed pursuant to any applicable provision of federal, state or local (except City’s) law, rule or regulation; (v) any Sales Tax attributable to any transaction not consummated within the Eligibility Period; (vi) the Transactions and Use Tax approved by the passage of Measure Q in 2022; or (vii) any Sales Tax (or other funds measured by Sales Tax) required by the State of California to be paid over to another public entity (including the State) or set aside and/or pledged to a specific use other than for deposit into or payment from the City’s general fund.”

3.3 Full Force. Except as amended by this First Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment.

3.4 Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature.

3.5 Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
181

SIGNATURE PAGE FOR

FIRST AMENDMENT TO THE

OPERATING COVENANT AND TAX SHARING AGREEMENT
WITH NIKE RETAIL SERVICES, INC.

IN WITNESS WHEREOF, the Parties hereto execute this First Amendment on the Effective Date described in Section 1.2 above.

CITY OF ONTARIO
APPROVED BY:

Scott Ochoa
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
NIKE RETAIL SERVICES, INC.

Signature
Name
Title
182

FIRST AMENDMENT
TO

OPERATING COVENANT AND TAX SHARING AGREEMENT
between

THE CITY OF ONTARIO,
a California municipal corporation
and
CARDINAL HEALTH, 200, LLC
A Delaware Limited Liability Company
AND
RGH ENTERPRISES, INC.

An Ohio Corporation
183

1. PARTIES AND EFFECTIVE DATE

1.1 Parties to this First Amendment. This First Amendment to the Operating Covenant and Tax Sharing Agreement (“First Amendment”) is entered into between the City of Ontario, a California municipal corporation (“City”) and Cardinal Health, 200, LLC and RGH Enterprises, Inc. (“Owner”). City and Owner are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

1.2 Effective Date. The Effective Date of this First Amendment is on the date last signed by either Party below.

2. RECITALS AND REPRESENTATIONS

2.1 The City and the Owner have entered into that certain Operating Covenant and Tax Sharing Agreement, March, 20 2018, for the purpose of establishing an arrangement whereby the Owner agreed to, among other things, develop and operate a facility and receive certain operating covenant payments (the “Original Agreement”).

2.2 On November 8, 2022, Ontario residents approved Measure Q, which increases the City’s sales tax from the current rate of 7.75% to 8.75%.

2.3. The Parties now desire to amend the Original Agreement in order to clarify the impact of the passage of Measure Q on the tax sharing provisions of the Original Agreement.

3. TERMS

3.1 Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

3.2 Treatment of Measure Q Sales Tax Increase. Owner understands and agrees that the increased sales tax revenue created by the passage of Measure Q shall not be included in the calculation of the Covenant Payment as outlined in Section 3.2.1 of the Original Agreement. For the avoidance of doubt, the calculation of the Covenant Payment shall continue be calculated using the following calculation:
“The consideration to be paid to Owner and Lessee in exchange for the Owner’s and Lessee’s satisfaction of the Covenants set forth in this Covenant Agreement, and subject to satisfaction of all conditions precedent thereto, shall consist of City’s payment to Owner and Lessee for each Computation Quarter during the Eligibility Period that the City receives Sales Tax Revenue, as follow:
(a) For the period commencing April 1, 2018, and continuing until this Covenant Agreement is terminated, City shall pay to Owner an amount equal to fifty percent (50%) of the Sales Tax Revenues attributable to annual taxable sales paid quarterly by Owner, in accordance with Section 3.2.2 below.
184
(b) For the period commencing April 1, 2018 and continuing until this Covenant Agreement is terminated, City shall pay to Lessee an amount equal to fifty percent (50%) of Sales Tax Revenues received by City in excess of Base Sales Tax Amount attributable to the annual taxable sales paid quarterly by Lessee, in accordance with Section 3.2.3 below.”
The definition of “Sales Tax Revenues” as defined in Section 1.3.19 of the Original Agreement is amended and the last sentence of this section is replaced with the following:
“Sales Tax Revenues shall not include: (i) Penalty Assessments; (ii) any Sales Tax levied by, collected for or allocated to the State of California, the County of San Bernardino, or a district or any entity (including an allocation to a statewide or countywide pool) other than City; (iii) any administrative fee charged by the CDTFA; (iv) any Sales Tax subject to any sharing, rebate, offset or other charge imposed pursuant to any applicable provision of federal, state or local (except City’s) law, rule or regulation; (v) any Sales Tax attributable to any transaction not consummated within the Eligibility Period; (vi) the Transactions and Use Tax approved by the passage of Measure Q in 2022; or (vi) any Sales Tax (or other funds measured by Sales Tax) required by the State of California to be paid over to another public entity (including the State) or set aside and/or pledged to a specific use other than for deposit into or payment from the City’s general fund.”
Additionally, all references to the California State Board of Equalization (“BOE”) in the Original Agreement shall mean and refer to the current state administrative body, the California Department of Tax and Fee Administration (“CDTFA”).

3.3 Full Force. Except as amended by this First Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment.

3.4 Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature.

3.5 Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
185

SIGNATURE PAGE FOR

FIRST AMENDMENT TO THE

OPERATING COVENANT AND TAX SHARING AGREEMENT
WITH CARDINAL HEALTH, 220, LLC AND RGH ENTERPRISES, INC.

IN WITNESS WHEREOF, the Parties hereto execute this First Amendment on the Effective Date described in Section 1.2 above.

CITY OF ONTARIO
APPROVED BY:

Scott Ochoa
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
Cardinal Health, 200, LLC and RGH
Enterprises, Inc.

Signature
Name
Title
186

FIRST AMENDMENT
TO

OPERATING COVENANT AND TAX SHARING AGREEMENT
between

THE CITY OF ONTARIO,
a California municipal corporation
and
CONCRETE HOLDING COMPANY OF CALIFORNIA, INC.
a Delaware corporation
187

1. PARTIES AND EFFECTIVE DATE

1.1 Parties to this First Amendment. This First Amendment to the Operating Covenant and Tax Sharing Agreement (“First Amendment”) is entered into between the City of Ontario, a California municipal corporation (“City”) and Concrete Holding Company of California, Inc. (“Owner”). City and Owner are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

1.2 Effective Date. The Effective Date of this First Amendment is on the date last signed by either Party below.

2. RECITALS AND REPRESENTATIONS

2.1 The City and the Owner have entered into that certain Operating Covenant and Tax Sharing Agreement, December 18, 2018, for the purpose of establishing an arrangement whereby the Owner agreed to, among other things, develop and operate a facility and receive certain operating covenant payments (the “Original Agreement”).

2.2 On November 8, 2022, Ontario residents approved Measure Q, which increases the City’s sales tax from the current rate of 7.75% to 8.75%.

2.3. The Parties now desire to amend the Original Agreement in order to clarify the impact of the passage of Measure Q on the tax sharing provisions of the Original Agreement.

3. TERMS

3.1 Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

3.2 Treatment of Measure Q Sales Tax Increase. Owner understands and agrees that the increased sales tax revenue created by the passage of Measure Q shall not be included in the calculation of the Covenant Payment as outlined in Section 3.2.2 of the Original Agreement. For the avoidance of doubt, the calculation of the Covenant Payment shall continue be calculated using the following calculation:
“The consideration to be paid to the Owner in exchange for the Covenants and Owner’s performance of its obligations set forth in this Covenant Agreement, and subject to satisfaction of all conditions precedent thereto, shall consist of City’s payment to the Owner for each Computation Quarter during the Eligibility Period that the City receives Sales Tax Revenue, an amount equal to (a) the sum of (1) fifty percent (50%) of the Sales Tax Revenues attributable to annual taxable sales for the calendar year which includes such Computation Quarter, as determined on a cumulative basis for such calendar year, plus (b) an amount equal to fifty percent (50%) of the Sales Tax Revenues attributable to Owner’s self-accrual of use tax which is directly allocated to the City, including, without limitation, in connection with Owner’s purchase of machinery and equipment from outside of California during such Computation Quarter. Any such payment due pursuant to this Section shall not be due unless Owner has completely fulfilled its material obligations under this Covenant Agreement, including, without 188
limitation, the Covenants. Should such condition precedent not be satisfied for each Computation Quarter, then City shall have no obligation under this Section 3.2 to make any Covenant Payments to Owner in such Computation Quarter.” The definition of “Sales Tax Revenues” as defined in Section 1.3.19 of the Original Agreement is amended and the last sentence of this section is replaced with the following:
“Sales Tax Revenues shall not include: (i) Penalty Assessments; (ii) any Sales Tax levied by, collected for or allocated to the State of California, the County of San Bernardino, or a district or any entity (including an allocation to a statewide or countywide pool) other than City; (iii) any administrative fee charged by the CDTFA; (iv) any Sales Tax subject to any sharing, rebate, offset or other charge imposed pursuant to any applicable provision of federal, state or local (except City’s) law, rule or regulation; (v) any Sales Tax attributable to any transaction not consummated within the Eligibility Period; (vi) the Transactions and Use Tax approved by the passage of Measure Q in 2022; or (vi) any Sales Tax (or other funds measured by Sales Tax) required by the State of California to be paid over to another public entity (including the State) or set aside and/or pledged to a specific use other than for deposit into or payment from the City’s general fund.”

3.3 Full Force. Except as amended by this First Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment.

3.4 Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature.

3.5 Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
189

SIGNATURE PAGE FOR

FIRST AMENDMENT TO THE

OPERATING COVENANT AND TAX SHARING AGREEMENT
WITH CONCRETE HOLDING COMPANY OF CALIFORNIA, INC.

IN WITNESS WHEREOF, the Parties hereto execute this First Amendment on the Effective Date described in Section 1.2 above.

CITY OF ONTARIO
APPROVED BY:

Scott Ochoa
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONCRETE HOLDING COMPANY OF
CALIFORNIA, INC.

Signature
Name
Title
190

FIRST AMENDMENT
TO

OPERATING COVENANT AGREEMENT
between

THE CITY OF ONTARIO,
a California municipal corporation
and
HOME DEPOT U.S.A., INC.
a Delaware corporation
191

1. PARTIES AND EFFECTIVE DATE

1.1 Parties to this First Amendment. This First Amendment to the Operating Covenant Agreement (“First Amendment”) is entered into between the City of Ontario, a California municipal corporation (“City”) and Home Depot U.S.A., Inc. (“Owner”). City and Owner are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

1.2 Effective Date. The Effective Date of this First Amendment is on the date last signed by either Party below.

2. RECITALS AND REPRESENTATIONS

2.1 The City and the Owner have entered into that certain Operating Covenant Agreement, dated June 23, 2021, for the purpose of establishing an arrangement whereby the Owner agreed to, among other things, lease and operate a facility and receive certain operating covenant payments (the “Original Agreement”).

2.2 On November 8, 2022, Ontario residents approved Measure Q, which increases the City’s sales tax from the current rate of 7.75% to 8.75%.

2.3. The Parties now desire to amend the Original Agreement in order to clarify the impact of the passage of Measure Q on the tax sharing provisions of the Original Agreement.

3. TERMS

3.1 Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

3.2 Treatment of Measure Q Sales Tax Increase. Owner understands and agrees that the increased sales tax revenue created by the passage of Measure Q shall not be included in the calculation of the Covenant Payment as outlined in Section 3.2.1 of the Original Agreement. For the avoidance of doubt, the calculation of the Covenant Payment shall continue be calculated using the following calculation:
“The consideration to be paid to the Owner in exchange for the Covenants and Owner’s performance of its obligations set forth in this Covenant Agreement, and subject to satisfaction of all conditions precedent thereto, shall consist of City’s payment to the Owner for each Computation Quarter during the Eligibility Period that the City receives Sales Tax Revenue, an amount equal to the sum of fifty percent (50%) of the Sales Tax Revenues attributable to annual taxable sales at the E-Commerce Distribution Facility received by the City (“Covenant Payment”). The City’s obligations under this Section

3.2 are contingent on a Computation Quarter-to-Quarter basis and, for each Computation Quarter, City’s obligations to make any payments hereunder are expressly contingent upon Owner having, for the entirety of such Computation Quarter, completely fulfilled its material obligations under this Covenant Agreement, including, without limitation, the Covenants. Should such condition precedent not be satisfied for each Computation 192
Quarter, then City shall have no obligation under this Section 3.2 to make any Covenant Payments to Owner in such Computation Quarter.”
The definition of “Sales Tax Revenues” as defined in Section 1.3.18 of the Original Agreement is amended and the last sentence of this section is replaced with the following:
“Sales Tax Revenues shall not include: (i) Penalty Assessments; (ii) any Sales Tax levied by, collected for or allocated to the State of California, the County of San Bernardino, or a district or any entity (including an allocation to a statewide or countywide pool); (iii) any administrative fee charged by the CDTFA; (iv) any Sales Tax subject to any sharing, rebate, offset or other charge imposed pursuant to any applicable provision of federal, state or local (except City’s) law, rule or regulation; (v) any Sales Tax attributable to any transaction not consummated within the Eligibility Period; (vi) the Transactions and Use Tax approved by the passage of Measure Q in 2022; or (vii) any Sales Tax (or other funds measured by Sales Tax) required by the State of California to be paid over to another public entity (including the State) or set aside and/or pledged to a specific use other than for deposit into or payment from the City’s general fund.”

3.3 Full Force. Except as amended by this First Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment.

3.4 Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature.

3.5 Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
193

SIGNATURE PAGE FOR

FIRST AMENDMENT TO THE

OPERATING COVENANT AGREEMENT
WITH HOME DEPOT U.S.A, INC.

IN WITNESS WHEREOF, the Parties hereto execute this First Amendment on the Effective Date described in Section 1.2 above.

CITY OF ONTARIO
APPROVED BY:

Scott Ochoa
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
HOME DEPOT U.S.A, INC.

Signature
Name
Title
194
Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 26
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER); AND INTRODUCTION OF AN ORDINANCE LEVYING

SPECIAL TAXES

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council consider and:

A. Adopt a Resolution of Formation of Community Facilities District No. 61 (Merrill Commerce Center), authorizing the levy of special taxes within the community facilities district, B. Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 61 (Merrill Commerce Center);
C. Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; and
D. Introduce and waive further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 61 (Merrill Commerce Center) THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The use of Mello-Roos financing in the Merrill Commerce Center Services development is projected to generate approximately $986,000 to fund Administrative Fees and Municipal Services. The use of Mello-Roos financing is critical in achieving the City Councils goal to "Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch." The use of Mello-Roos financing for the Merrill Commerce Center Services development will not generate funds for facilities; therefore, bonds will not be issued as part of this formation.

The General Fund will be reimbursed approximately $940,000 for Municipal Services after the administrative expenses are deducted. City Council approval will be required in future years to process annual special tax levies.
195
BACKGROUND & ANALYSIS: The Mello-Roos Community Facilities Act of 1982 provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to finance municipal services.

Municipal services that may be funded by a community facilities district include police protection services, fire protection, and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads, and open space, flood and storm drain protection services and maintenance and operation of any real property or tangible property with an estimated useful life of five or more years that is owned by the governmental entity.

On May 16, 2023, the City Council approved Resolution No. 2023-034, a Resolution of Intention to establish City of Ontario Community Facilities District No. 61 (Merrill Commerce Center) and authorize the levy of special taxes within the district. The Resolution of Intention set the public hearing date for the regularly scheduled City Council meeting on June 20, 2023, to consider formation matters.

Prologis LP, Research, has provided a written petition to the City requesting formation of a community facilities district for the Merrill Commerce Center Services in Ontario Ranch. The Merrill Commerce Center project addresses the development of approximately 385.61 gross acres located west of Carpenter Avenue, east of Grove Avenue, south of Eucalyptus Avenue, and north of Merrill Avenue. At build out, the project is expected to include 7,341,068 square feet of business park/industrial space.

Included, as part of the Resolution of Formation is the proposed Rate and Method of Apportionment of Special Tax for the District. The term and structure of the Rate and Method of Apportionment of Special Tax for the Merrill Commerce Center project are consistent with those of previously adopted Rates and Methods of Apportionment for Ontario Ranch community facilities districts. This ensures that the special tax rates levied on all residential property owners in community facilities districts in Ontario Ranch are developed in a consistent and equivalent manner. In addition, under the provisions of the Mello-Roos Act, to ensure that home buyers are making an informed decision, all residential builders in the Ontario Ranch districts will be required to disclose the maximum annual special tax amount to each homeowner before entering into a sales contract.

Attached are three Resolutions and an Ordinance. The first attached Resolution establishes the community facilities district, with the rate and method of apportionment of special taxes and authorizes the levy of special taxes within the district. The second attached Resolution calls for a special landowner election to be held on June 20, 2023. The third attached Resolution declares the results of the election, including a statement from the City Clerk as to the canvass of ballots, and directs the recording of the Notice of Special Tax Lien. The attached Ordinance authorizes the levying of special taxes.
196
RESOLUTION NO. ________

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

CALIFORNIA, OF FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER

SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE

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

WHEREAS, on May 16, 2023, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services) and to Authorize the Levy of a Special Tax” (the “Resolution of Intention”), stating its intention to establish a community facilities district (the “Community Facilities District”) proposed to be named City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services), to authorize the levy of a special tax (the “Special Tax”) within the Community Facilities District to finance certain services and setting the date for a public hearing to be held on the establishment of the Community Facilities District; and WHEREAS, pursuant to the Resolution of Intention, notice of said public hearing was published in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the area of the Community Facilities District, in accordance with the Act; and WHEREAS, on this date, the City Council opened, conducted and closed said public hearing; and
WHEREAS, pursuant to the Resolution of Intention, each officer of the City who is or will be responsible for providing one or more of the proposed types of services was directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing such services, and such officers were also directed to estimate the fair and reasonable cost of the incidental expenses proposed to be paid; and WHEREAS, said report was so filed with the City Council and made a part of the record of said public hearing; and
WHEREAS, at the hearing, the testimony of all persons for or against the establishment of the Community Facilities District, the extent of the Community Facilities District and the furnishing of the specified types of services was heard; and WHEREAS, written protests against the establishment of the Community Facilities District, the furnishing of any specified type or types of services within the Community Facilities District or the levying of the Special Tax were not made or filed at or before said hearing by 50% or more of the registered voters, or six registered voters, whichever is 197
more, residing within the territory proposed to be included in the Community Facilities District, or the owners of one-half or more of the area of land in the territory proposed to be included in the Community Facilities District and not exempt from the Special Tax; and WHEREAS, there has been filed with the City Clerk of the City a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the proposed Community Facilities District as of May 10, 2023, which demonstrates that 12 or more persons have not been registered to vote within the territory of the proposed Community Facilities District for each of the 90 days preceding the close of said public hearing;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The Community Facilities District is hereby established pursuant to the Act.

SECTION 3. The Community Facilities District is hereby named “City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services).” SECTION 4. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit A hereto. The incidental expenses proposed to be incurred are described under the caption “Incidental Expenses” on Exhibit A hereto. No facilities are proposed to be financed by the Community Facilities District.

SECTION 5. The proposed Special Tax to be levied within the Community Facilities District has not been precluded by majority protest pursuant to Section 53324 of the Act.

SECTION 6. Except where funds are otherwise available, the Special Tax sufficient to pay for all Services, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District, will be annually levied within the Community Facilities District. The rate and method of apportionment of the Special Tax (the “Rate and Method”), in sufficient detail to allow each landowner within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is described in Exhibit B attached hereto, which is by this reference incorporated herein. The obligation to pay the Special Tax may not be prepaid and permanently satisfied. The Special Tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 7. The Special Tax may only finance the Services to the extent that they are in addition to those provided in the territory of the Community Facilities District before the Community Facilities District is created. The Services may not supplant services already available within that territory when the Community Facilities District is created.
198
SECTION 8. The name, address and telephone number of the office that will be responsible for preparing annually a current roll of Special Tax levy obligations by assessor’s parcel number and that will be responsible for estimating further Special Tax levies pursuant to Section 53340.2 of the Act are as follows: Management Analyst, Financial Services, City of Ontario, 303 East B Street, Ontario, California 91764, (909) 395-2341.

SECTION 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the Community Facilities District and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City Council ceases.

SECTION 10. The boundary map of the Community Facilities District has been recorded in San Bernardino County in Book 91 at Page 10 of Maps of Assessments and Community Facilities Districts in the San Bernardino County Recorder’s Office (Document No. 2023-0120927).

SECTION 11. The annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the Community Facilities District is hereby established at $83,000,000.

SECTION 12. Pursuant to the provisions of the Act, the levy of the Special Tax and a proposition to establish the appropriations limit specified above shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The City Council hereby finds and determines that that no persons were registered to vote within the territory of the proposed Community Facilities District as of May 10, 2023, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearing held by the City Council on the establishment of the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax. The voting procedure shall be by mailed or hand-delivered ballot.

SECTION 13. The City Council hereby finds and determines that all proceedings up to and including the adoption of this Resolution were valid and in conformity with the requirements of the Act. In accordance with Section 53325.1 of the Act, such finding shall be final and conclusive.

SECTION 14. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.
199
SECTION 15. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 16. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
200

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
201

EXHIBIT A

SERVICES AND INCIDENTAL EXPENSES
Services
The types of services to be financed by the Community Facilities District are police protection services, fire protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services, maintenance and operation of fiber optic telecommunication, wireless communication and public safety camera systems and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

Incidental Expenses
The incidental expenses proposed to be incurred include the costs associated with the creation of the Community Facilities District, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District. 202

EXHIBIT B

PROPOSED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 203
City of Ontario CFD No. 61 1 April 13, 2023

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 61
(MERRILL COMMERCE CENTER SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax shall be levied on all Assessor’s Parcels in the City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services) (“CFD No. 61”) and collected each Fiscal Year commencing in Fiscal Year 2023-24, in an amount determined by the City Council of the City of Ontario through the application of the Rate and Method of Apportionment, as described below. All of the real property in CFD No. 61, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms as may hereinafter be set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter

2.5 of Part 1 of Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 61: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 61 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiriesregarding the Special Taxes; the costs of the City or CFD No. 61 related to an appeal of the Special Tax; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead related to CFD No. 61; and amounts estimated or advanced by the City or CFD No. 61 for any other administrative purposes of CFD No. 61, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification. “CFD Administrator” means an official of the City responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Tax, and performing the other duties provided for herein.
204
City of Ontario CFD No. 61 2 April 13, 2023
“CFD No. 61” means City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services).
“City” means the City of Ontario, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 61.
“County” means the County of San Bernardino.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Gated Community Attached Dwelling Unit” means a Unit within any residential building containing two or more dwelling units (including attached condominiums, townhouses, duplexes, triplexes, and apartments) within a gated community that, within such community, is primarily served by private interior streets.
“Land Use Class” means any of the classes listed in Table 1 below. “Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 61 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.
“Maximum Special Tax” means, with respect to an Assessor’s Parcel of Taxable Property, the maximum Special Tax determined in accordance with Section C below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Multiple Family Dwelling Unit” means a Unit within any residential building containing two or more dwelling units, including attached condominiums, townhomes, duplexes, triplexes, and apartments, but excluding Gated Community Attached Dwelling Units. “Non-Residential” means any buildings that are for commercial lodging use, commercial retail use, institutional use (e.g., churches, private schools), commercial restaurant use, office use, or industrial use.
“Non-Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction was issued after January 1, 2021, and before May 1 of the prior Fiscal Year, for a Non-Residential use.
“Property Owner Association Property” means, for each Fiscal Year, property within the boundaries of CFD No. 61 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. 205
City of Ontario CFD No. 61 3 April 13, 2023
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property. “Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 61 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency or (b) encumbered by an easement for purposes of public or utility right-of-way that makes impractical its use for any purpose other than that set forth in such easement, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax.
“Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction of one or more Units was issued after January 1, 2021, and before May 1 of the prior Fiscal Year.
“Services” means the services authorized to be financed, in whole or in part, by CFD No. 61, including: police protection services; fire protection and suppression services; ambulance and paramedic services; maintenance and lighting of parks, parkways, streets, roads, and open space; flood and storm protection services; and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.
“Single Family Detached Dwelling Unit” means any residential building containing only one Unit on one legal lot, including single family residences and single family detached residential condominium units.
“Special Tax” means the special tax authorized by the qualified electors of CFD No. 61 to be levied within the boundaries of CFD No. 61.
“Special Tax Requirement” means the amount necessary in any Fiscal Year to pay the cost of the Services, Administrative Expenses, and an amount equal to Special Tax delinquencies based on the historical delinquency rate for Special Taxes, as determined by the CFD Administrator.
“Square Footage” or “Sq. Ft.” means, with respect to a building of Non-Residential Property, the gross floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 61, for such building, plus any square footage subsequently added to a building of Non-Residential Property after issuance of a building permit for expansion or renovation of such building. “State” means the State of California.
206
City of Ontario CFD No. 61 4 April 13, 2023
“Taxable Property” means, for each Fiscal Year, all Assessor’s Parcels of Residential Property and Non-Residential Property within the boundaries of CFD No. 61 which are not exempt from the Special Tax pursuant to law or Section E below. “Unit” means an individual single-family detached or attached home, townhome, condominium, apartment unit, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, beginning with Fiscal Year 2023-24, all Taxable Property within CFD No. 61 shall be classified as Residential Property (Single Family Detached Dwelling Unit, Multiple Family Dwelling Unit, or Gated Community Attached Dwelling Unit) or NonResidential Property and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for each Assessor’s Parcel classified as Taxable Property shall be determined by reference to Table 1 below.

TABLE 1

MAXIMUM SPECIAL TAX
Land Use Class Maximum Special Tax
Fiscal Year 2023-24
Residential Property:

Single Family Detached Dwelling Unit $1,501.46 per Unit Multiple Family Dwelling Unit $1,301.19 per Unit
Gated Community Attached Dwelling Unit $1,091.19 per Unit Non-Residential Property $0.273800 per Sq. Ft.

On January 1 of each Fiscal Year, commencing January 1, 2024, the Maximum Special Tax to be applied in the next Fiscal Year shall be subject to an automatic increase at a rate equal to 4.0% of the amount in effect for the prior Fiscal Year.

In some instances an Assessor’s Parcel of Taxable Property may contain more than one Land Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Units of Residential Property and Square Footage of NonResidential Property (based on the applicable building permits, final subdivision map, parcel map, condominium plan, or other recorded County map) located on that Assessor’s Parcel. 207
City of Ontario CFD No. 61 5 April 13, 2023
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2023-24, the CFD Administrator shall determine the Special Tax Requirement. The Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Taxable Property up to 100% of the applicable Maximum Special Tax for such Assessor’s Parcel, until the Special Tax Requirement is satisfied. However, the Special Tax levied in any Fiscal Year shall not increase by more than 4.0% of the amount of the Special Tax levied in the prior Fiscal Year.

E. EXEMPTIONS
Notwithstanding anything in this Rate and Method of Apportionment to the contrary, no Special Tax shall be levied on Public Property or Property Owner Association Property.

No Special Tax shall be levied on Lower Income Household Welfare Exemption Property; provided, however, that if, in any Fiscal Year, applicable law does not require that Lower Income Household Welfare Exemption Property be exempt from some portion, or all, of the Special Tax, such portion, or all, of the Special Tax shall be levied on such property in accordance with this Rate and Method of Apportionment based on the Land Use Class to which the Assessor’s Parcel is assigned.

F. APPEALS
Any property owner may file a written appeal of the Special Tax with CFD No. 61 claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error.

The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council, whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then the CFD Administrator shall determine if sufficient Special Tax revenue is available to make cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Tax levy(ies).

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. 208
City of Ontario CFD No. 61 6 April 13, 2023
G. MANNER OF COLLECTION
The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the Special Taxes may be collected in such other manner as the City Council shall determine, including direct billing of affected property owners.

H. TERM OF SPECIAL TAX
The Special Tax shall continue to be levied indefinitely on an annual basis on all Taxable Property in CFD No. 61.
209
RESOLUTION NO. _____

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

CALIFORNIA, CALLING A SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE

CENTER SERVICES)
WHEREAS, on this date, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of the City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District” (the “Resolution of Formation”), establishing City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services) (the “Community Facilities District”), authorizing the levy of a special tax (the “Special Tax”) within the Community Facilities District and establishing an appropriations limit of $83,000,000 for the Community Facilities District; and WHEREAS, pursuant to the provisions of the Resolution of Formation, the propositions to levy the Special Tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District are to be submitted to the qualified electors of the Community Facilities District as required by the Act; and WHEREAS, the City Council desires to designate the City Clerk of the City (the “City Clerk”) as the election official for the special election provided for herein; and WHEREAS, there has been filed with the City Clerk a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the proposed Community Facilities District as of May 10, 2023, and, which demonstrates that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District; and WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District waiving any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, consenting to the holding of said special election on June 20, 2023 and waiving any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and
WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on June 20, 2023.

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

SECTION 1. The foregoing recitals are true and correct. 210
SECTION 2. Pursuant to Sections 53326 and 53325.7 of the Act, the propositions to levy the Special Tax within the Community Facilities District and to establish such appropriations limit of the Community Facilities District shall be submitted to the qualified electors of the Community Facilities District at an election called therefor as provided below.

SECTION 3. The City Clerk is hereby designated as the official to conduct said election.

SECTION 4. As authorized by Section 53353.5 of the Act, the propositions to levy the Special Tax within the Community Facilities District and to establish such appropriations limit for the Community Facilities District shall be combined into one ballot proposition.

SECTION 5. The City Council hereby finds and determines that no persons were registered to vote within the territory of the proposed Community Facilities District as of May 10, 2023, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council on the establishment of the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.

SECTION 6. The City Council hereby finds and determines that the qualified electors of the Community Facilities District have unanimously consented (a) to the waiver of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, (b) to the holding of said election on June 20, 2023, and (c) to the waiver of any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on June 20, 2023.

SECTION 7. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined proposition to levy the Special Tax within the Community Facilities District and to establish an appropriations limit of the Community Facilities District in the amount of $83,000,000, which election shall be held at 303 East B Street, Ontario, California, on June 20, 2023, provided, that, in the event the June 20, 2023 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearings and offer public comment would be as prescribed in the notice and agenda for such City Council meeting. The City Council has caused to be provided to the City Clerk, as the official to conduct said election, the Resolution of Formation, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District, and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District.
211
The voted ballots shall be returned to the City Clerk not later than 7:30 p.m. on June 20, 2023; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.

SECTION 8. Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand-delivered ballot pursuant to Section 4000 et. seq. of the California Elections Code. Except as otherwise provided in the Act, the provisions of law regulating elections of the City, insofar as they may be applicable, will govern the election.

SECTION 9. The form of the ballot for said election is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains.

Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.

Analysis and arguments with respect to the ballot proposition are hereby waived, as provided in Section 53327 of the Act.

SECTION 10. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at 303 East B Street, Ontario, California, to and including 7:30 p.m. on June 20, 2023, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors.

SECTION 11. The City Council hereby determines that the services financed by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development occurring in the Community Facilities District.

SECTION 12. All actions heretofore taken by the officers, employees and agents of the City with respect to the special election called for herein, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 13. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
212
SECTION 14. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
213

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
214

EXHIBIT A

OFFICIAL BALLOT

CITY OF ONTARIO
JUNE 20, 2023

SPECIAL ELECTION
This ballot is for a special, landowner election. The number of votes to be voted pursuant to this ballot is ____.

INSTRUCTIONS TO VOTERS:

To vote on the measure, mark a cross (+ or X) in the voting square after the word “YES” or after the word “NO”. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Ontario and obtain another.

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 61
(MERRILL COMMERCE CENTER SERVICES)
MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the City
of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services) (the “Community Facilities District”) be authorized to levy a special tax in order to finance certain services and shall the annual appropriations limit of the Community Facilities District be established in the amount of $83,000,000, all as specified in the Resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of the City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District,” adopted by the City Council of the City of Ontario on June 20, 2023?
Yes:

No:

215
RESOLUTION NO. ______

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

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

WHEREAS, on June 20, 2023, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services)” (the “Resolution Calling Election”), calling for a special election of the qualified electors within City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services) (the “Community Facilities District”); and WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on June 20, 2023; and WHEREAS, the City Clerk of the City (the “City Clerk”) has certified the canvass of the returns of the election and has filed a Canvass and Statement of Results of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council has received, reviewed and hereby accepts the Canvass.

SECTION 3. The City Council hereby finds and declares that the ballot proposition submitted to the qualified electors of the Community Facilities District pursuant to the Resolution Calling Election has been passed and approved by such electors in accordance with Section 53328 and Section 53325.7 of the Act.

SECTION 4. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of San Bernardino a notice of special tax lien in the form required by the Act, said recording to occur no later than fifteen days following adoption by the City Council of this Resolution.

SECTION 5. All actions heretofore taken by the officers, employees and agents of the City with respect to the special election, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 6. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
216
SECTION 7. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 20th day of June 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
217

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 June 20, 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 June 20, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
218

EXHIBIT A

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 61
(MERRILL COMMERCE CENTER SERVICES)

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on June 20, 2023, I canvassed the returns of the special election held on June 20, 2023, for the City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services), that the total number of ballots cast in said Community Facilities District and the total number of votes cast for and against the proposition are as follows and that the totals as shown for and against the proposition are true and correct:

Qualified
Landowner
Votes
Votes
Cast YES NO
City of Ontario Community Facilities
District No. 61 (Merrill Commerce
Center Services) Special Election,
June 20, 2023
333 ___ ___ ___
MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services) (the “Community Facilities District”) be authorized to levy a special tax in order to finance certain services and shall the annual appropriations limit of the Community Facilities District be established in the amount of $83,000,000, all as specified in the Resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of the City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District,” adopted by the City Council of the City of Ontario on June 20, 2023?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 20th day of June 2023.

By:

SHEILA MAUTZ, CITY CLERK
219
ORDINANCE NO. _____

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

CALIFORNIA, LEVYING A SPECIAL TAX WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE
CENTER SERVICES).

WHEREAS, on May 16, 2023, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services) and to Authorize the Levy of a Special Tax” stating its intention to establish City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services) (the “Community Facilities District”), to authorize the levy of a special tax (the “Special Tax”) within the Community Facilities District and to finance certain services (the “Services”); and
WHEREAS, on June 20, 2023, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; and WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of the City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District” (the “Resolution of Formation”) and “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 61 (Merrill Commerce Center Services),” which resolutions established the Community Facilities District, authorized the levy of the Special Tax within the Community Facilities District and called an election within the Community Facilities District on the proposition of levying the Special Tax within the Community Facilities District and establishing an appropriations limit of the Community Facilities District, respectively; and WHEREAS, on June 20, 2023, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act.

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

SECTION 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method of Apportionment”). The Special Tax is hereby levied commencing in fiscal year 2023-24 and in each fiscal year thereafter until the last fiscal year in which such Special Tax is authorized to be levied pursuant to the Rate and Method of Apportionment.
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SECTION 2. The City Council may, in accordance with subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method of Apportionment.

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
221
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
222

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held ___________, 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)
223
Department: Development Administration
Prepared By: Derrick E Womble
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 27
SUBJECT: A PUBLIC HEARING TO CONSIDER AN ORDINANCE MODIFYING THE PROCESSING

AND ADMINISTRATION FEE FOR THE DEVELOPMENT IMPACT FEE (DIF) DEFERRAL

PROGRAM

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance modifying the processing and administration fee for the Development Impact Fee (DIF) Deferral Program.

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 Impact Fee (DIF) Deferral Program requires a processing and administration fee of $7,500 for deferral agreements. A review of the cost to process and administer the individual deferral agreements between the City of Ontario and the participating developers has occurred and concluded that a reduction in the fee to $4,000 is appropriate. The reduced fee will continue to cover the City's costs for initiating and administering the deferral agreements. The DIF Deferral Program will continue to address the City Council' s long-standing direction that new development generates enough revenue to fund required City infrastructure without reliance on financial resources of the City's General Fund.

BACKGROUND & ANALYSIS: On February 18, 2020, the City Council adopted Ordinance No. 3156, establishing a permanent DIF Deferral Program city-wide for residential and non-residential development, allowing developers the option to defer certain DIF from building permit issuance to final inspection. Ordinance No. 3156 set a processing and administration fee of $7,500 (estimated fee).

With a number of deferral agreements having been completed, Staff has conducted a review of the actual time and cost associated with individual agreements and concluded that a reduction in the processing and administration fee to $4,000 is appropriate. The revised fee will continue to cover 224
the City's costs for administering the fee deferral agreements.

The proposed Ordinance shall not modify or change any other terms or provisions previously established by Ordinance No. 3156, which shall remain in full force and effect. Any subsequent changes to the processing and administration fee shall be modified as part of the Citywide Fee Schedule update, approved by resolution of the City Council. 225
ORDINANCE NO. ________

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

CALIFORNIA, MODIFYING THE PROCESSING AND ADMINISTRATION FEE FOR THE DEVELOPMENT IMPACT FEE ("DIF") DEFERRAL
PROGRAM.

WHEREAS, on June 23, 2003, the City Council of the City of Ontario (the "City Council") adopted Resolution No. 2003-039 to establish policies for the implementation of the new and modified Development Impact Fees ("DIF"). Resolution No. 2003-039 requires the payment of DIF no more than five (5) days prior to the issuance of building permits; and
WHEREAS, on July 1, 2003, the City Council adopted Ordinance Nos. 2779 and 2780 to implement new and modified DIF in recognition of the need to finance adequate infrastructure and other public improvements and facilities made necessary by new development in the City of Ontario (the "City"); and
WHEREAS, on February 18, 2020, the City Council adopted Ordinance No. 3156, establishing a permanent DIF Deferral Program city-wide for residential and nonresidential development, allowing developers the option to defer certain DIF; and WHEREAS, Ordinance No. 3156 established an Administrative Processing Fee of seven thousand five hundred dollars ($7,500); and
WHEREAS, a review of the estimated costs to process and administer the individual agreements between the City and the participating developers has occurred and concluded a modification to the Administrative Processing Fee is necessary; and WHEREAS, the City Council, as the City's governing body, has the authority to establish and modify policies and fees for the implementation of the City's DIF Deferral Program; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on June 20, 2023, the City Council of the City of Ontario conducted a hearing and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:
226
SECTION 1: Section 7 of Ordinance No. 3156 is hereby amended to read as follows:

Processing and Administration Fee. A processing and administration fee is hereby authorized to be collected at the time the agreement is executed. The amount of the fee shall be specified in the City Fee Schedule, which may only be revised by a duly adopted resolution of the City Council. The fee is based upon the City’s estimated costs to process and administer the individual agreements between the City and the participating developer and the costs of tracking and eventual collection of the deferred fees.

SECTION 2. The adoption of this Ordinance shall not modify or change any other terms or provisions previously established by Ordinance No. 3156, which shall remain in full force and effect.

SECTION 3. Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 4. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ____ day of _________ 20___. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
227
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
228

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 20, 2023 and adopted at the regular meeting held ___________, 20___ 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)
229
Department: Development Administration
Prepared By: Derrick E Womble
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 28
SUBJECT: A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-006) BETWEEN THE CITY OF ONTARIO AND EUCLID LAND VENTURE 2 LLC

CITY OF ONTARIO
Agenda Report
June 20, 2023
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA21-006) between the City of Ontario and Euclid Land Venture 2 LLC, to establish the terms and conditions associated with Tentative Parcel Map No. 20517 (File No. PMTT22-005), an 80-acre property bordered by Eucalyptus, Campus, Merrill, and Sultana Avenues, within the Business Park and Industrial General land use district of the Ontario Ranch Business Park Specific Plan.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The proposed Development Agreement (File No. PDA21-006) will not have a direct impact on the City's General Fund. The Development Agreement will provide funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Ontario Ranch Business Park Specific Plan (Specific Plan) development, thereby mitigating the increased costs associated with such services. In addition, the City will receive public service funding fees plus development impact, compliance processing, licensing, and permitting fees. No General Fund revenue will be used to support the Ontario Ranch development.

BACKGROUND & ANALYSIS: The Ontario Ranch financial commitments required for construction of properties within a specific plan are substantial. Therefore, in order to adequately forecast these costs and gain assurance that the project may proceed under the existing policies, rules, and regulations, Euclid Land Venture 2 LLC (Owner), has requested that the City enter into negotiations to create a Development Agreement (Agreement).
230
The Agreement is proposed outside of the NMC Builders’ Construction Agreement development area and was established in coordination between the City Attorney and the Owner’s legal counsel.

The provisions of the Agreement are consistent with the commitments to assure adequate public infrastructure improvements are constructed or funded by the Owner.

The Agreement proposes to include 80 acres of land within the Industrial and Business Park land use districts of the Specific Plan, as shown on the attached Exhibit A. The Agreement grants the Owner a vested right to develop Tentative Parcel Map 20517 (the Map), provided the Owner complies with the terms and conditions of the Specific Plan and related Environmental Impact Report (EIR).

The Map (see attached Exhibit B) is bordered by Eucalyptus, Campus, Merrill, and Sultana Avenues, and proposes to subdivide 80 acres of land into six (6) parcels, for the potential development of six (6) industrial buildings totaling 1,559,204 square feet for business park and industrial uses.

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

Development Impact Fees (DIF) for construction of public improvements (i.e. streets and bridges, sewer, water, storm drain and fiber); Public Service Funding to ensure adequate provisions of public services (police, fire and other public services); and the creation of a Community Facilities District (CFD) for the maintenance of public facilities. Additionally, the Owner shall pay in lieu-fees to the City for the future construction and completion of Ontario Ranch Regional Water and Storm Drain improvements.

In considering the Agreement at their meeting on May 23, 2023, the Planning Commission found the Agreement to be consistent with State law, The Ontario Plan, and the City's Development Agreement policies. As a result, the Planning Commission adopted Resolution No. PC23-037 with a 4 to 0 vote, recommending City Council approval of the Agreement.

ENVIRONMENTAL REVIEW: The environmental impacts of this project were previously reviewed in conjunction with the Ontario Ranch Business Park Specific Plan Amendment (File No. PSPA21-002), for which a Final Subsequent Environmental Impact Report (State Clearinghouse No. 2019050018) was certified by the City Council on October 18, 2022. This application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of Project approval and are incorporated herein by this reference. 231
Exhibit A— ONTARIO RANCH BUSINESS PARK SPECIFIC PLAN LAND USE MAP 232
Exhibit B— TENTATIVE PARCEL MAP 20517
233
Case Planner: Derrick Womble,
Departmental Administrator Hearing Body Date Decision Action Planning Director
Approval:

DAB N/A N/A N/A
PC 05/23/2023 Recommend
Submittal Date: 07/01/2021 CC 06/20/2023 Final
FILE NO: PDA21-006
SUBJECT: A public hearing to consider a Development Agreement (File No. PDA21-006) between the City of Ontario and Euclid Land Venture 2 LLC, to establish the terms and conditions associated with Tentative Parcel Map No. 20517 (File No. PMTT22-005), an 80 acre property bordered by Eucalyptus, Campus, Merrill, and Sultana Avenues, located within the Business Park and Industrial General land use districts of the Ontario Ranch Business Park Specific Plan; (APNs: 1054-041-01, 1054-041-02, 1054-031-01, 1054-031-02, 1054-261-01, 1054-261-02, 1054-291-01, 1054-291-02); submitted by Euclid Land Venture 2 LLC. City Council action is required.

PROPERTY OWNER: Euclid Land Venture 2 LLC, a Delaware limited liability company RECOMMENDED ACTION: That the Planning Commission consider and recommend City Council adoption of an Ordinance approving the Development Agreement (File No.

PDA21-006) between the City of Ontario and Euclid Land Venture 2 LLC, pursuant to the facts and reasons contained in the staff report and attached resolution.

PROJECT SETTING: The project site is comprised of 80 acres of land bordered by Eucalyptus Campus, Merrill, and Sultana Avenues, within the Industrial and Business Park land use districts of the Ontario Ranch Business Park Specific Plan and is depicted in Figure 1:

Project Location.

PROJECT ANALYSIS:
(1) Background — The Ontario Ranch
Business Park Specific Plan (File No. PSP18-
002) (“Specific Plan”) was approved, and
the related Environmental Impact Report
(“Certified EIR”; State Clearinghouse No.
2019050018) was certified by the City
Council on September 15, 2020.

On October 4, 2022, the City Council
approved Ontario Ranch Business Park
Specific Plan Amendment (File No.

PSPA21-002), which revised Specific Plan
to include and assign land use Figure 1: Project Location 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

STAFF REPORT
May 23, 2023
Approval
234
Planning Commission Staff Report
File No.: PDA21-006
May 23, 2023